https://epgtest3.modot.org/api.php?action=feedcontributions&feedformat=atom&user=Hallej1 2026-04-29T04:41:33Z User contributions MediaWiki 1.42.3 https://epgtest3.modot.org/index.php?title=Job_Special_Provisions&diff=53992 2024-06-25T12:36:16Z

<p>Hallej1: </p> <hr /> <div>&lt;div id=&quot;JSP-Provision&quot;&gt;&lt;/div&gt;<br /> {| class=&quot;wikitable wikitable mw-collapsible mw-collapsed sortable&quot; <br /> |+ class=&quot;nowrap&quot; style=&quot;font-size:1.5em; text-align:left;&quot; | Provision<br /> |- <br /> ! Name !! JSP Title !! Explanatory Notes !! Current Version !! Revision Date !! Effective Letting<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP-Formatting-Guide.docx JSP Formatting Guide] || _Roadway Job Special Provision Formatting Instructions || This format is to be used by all when writing provisions in order to create uniformity in project proposals. || JSP_Format_Guide || 4/3/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP_Roadway_Template.docx JSP_Roadway_Template] || _Roadway Job Special Provision Template || This template is to be used for Roadway Job Special Provisions. Choose the appropriate signature block and provide the necessary provisions according to the template provided. || Template || 2/2/2024 || 4/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2302.docx JSP2302] || 4-Inch Square Steel Sign Post || Use this provision to specify the details for a 4-inch square post which may be used to install single post exit gore signs, flat sheet signs 48” x 60” up to and not exceeding 48” x 96”, and community wayfinding signs at locations shown on the plans. || JSP-23-02 || 9/13/2023 || 12/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9314.docx JSP9314] || Accelerating the Completion of Closure Work (Incentive/Disincentive Clause) || This provision is commonly known as A+B bidding. || JSP-93-14C || 12/5/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1001.docx JSP1001] || ADA Compliance and Final Acceptance Of Constructed Facilities || This provision is required on all projects with sidewalks or curb ramps. || JSP-10-01C || 1/23/2023 || 3/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2301.docx JSP2301] || ADA Material Testing Frequency Modifications || This provision may be used on ADA corridor projects to reduce the testing requirements due to the limited material quantities associated with sidewalk improvements. || JSP-23-01 || 8/16/2023 || 12/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1203.docx JSP1203] || Add Alternate Section (Per Project) || || JSP-12-03A || 7/14/2016 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1602.docx JSP1602] || Adjusting Guardrail || For minor routes only. This provision is to be used when the substandard height guardrail will be raised to a minimum of 27 3/4&quot;. Repair of guardrail should be addressed with separate pay items. || JSP-16-02A || 4/19/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1509.docx JSP1509] || Airport Requirements || This provision is for use on projects near a public use airport or heliport or is more than 200 feet above existing ground level. || JSP-15-09 || 7/9/2015 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9604.docx JSP9604] || Alternate for Pavements || This provision should be used for projects with 7,500 SY of continuous full depth pavement or 14,000 SY of full depth pavement at various locations. || JSP-96-04G || 1/4/2017 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0905.docx JSP0905] || Alternates for Slab Stabilization || This provision should be used when slab stabilization operations are included in the contract to define the bidding requirements of the different materials for this type of work. || JSP-09-05 || 10/21/2009 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2401.docx JSP2401] || Balanced Mix Design Requirements * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || JSP-24-01 || 3/18/2024 || 05/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9327.docx JSP9327] || Changeable Message Sign (Commission Furnished) || || JSP-93-27 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1805.docx NJSP1805] || Class VI Riprap * || * Limited Use. This provision is a revised Spec to better align with the need we have when rock much larger than the Rock Blanket Spec is needed. Contact Bridge Division &amp; Construction and Materials Division prior to use. || NJSP-18-05B || 6/20/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2102.docx NJSP2102] || Clean Water Act Section 404 Permit Requirements * || * Limited Use. For use by Design Division - Environmental Section only, as they will add this provision to the RES for required projects. || NJSP-21-02 || 1/15/2021 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0415.docx JSP0415] || Concrete Planing || This provision is to be used when concrete planing is specified. &lt;/br&gt; If there are questions on whether concrete planing should be included on a specific project, Construction and Materials Division should be consulted. || JSP-04-15 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1301.docx JSP1301] || Contract Liquidated Damages || This JSP is required on all projects except Job Order Contracts and must be JSP B in the set of JSPs. || JSP-13-01D || 4/9/2024 || 6/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0106.docx JSP0106] || Contractor Furnished/Commission Retained Temporary Type F Concrete Traffic Barrier || This provision should only be used when the district decides to retain contractor furnished barrier sections. If the district does not specifically intend to retain barrier sections, Sec 617 of the standard specifications covers Concrete Traffic Barrier. || JSP-01-06 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1542.docx NJSP1542] || Contractor Quality Control || This provision is required on all projects EXCEPT for JOCs and projects with Quality Management provision. || NJSP-15-42 || 4/20/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1521.docx NJSP1521] || Contractor Quality Control For Plant Mix Bituminous Surface Leveling || Required when project includes bid item 402-05.20 - Bituminous Pavement Mixture PG64-22 (Surface Leveling). QM or QC provisions are required when other types of asphalt or concrete paving are in a project. || NJSP-15-21A || 10/6/2015 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9908.docx JSP9908] || Demolition and Removal Contract || Must be included in demolition and removal contracts when MoDOT doesn't have possession of all parcels or an asbestos survey are not completed on all structures, prior to letting. NTP must be issued. || JSP-99-08 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1505.docx JSP1505] || Disposition of Existing Signal/Lighting and Network Equipment || To be used when signal/lighting or communication is to be removed by the contractor and retained by the commission. || JSP-15-05A || 5/1/2017 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9706.docx JSP9706] || Division 100 Revisions for Complex Projects || This provision is used on complex projects and those with major bridge work as determined by the State Design Engineer. Per 105.16 and 108.4 additional detail documentation is required. A+B Bidding (JSP-93-14) should not be used with this provision. || JSP-97-06 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1607.docx JSP1607] || Dynamic Late Merge Sysytem (Zipper Merge) || || JSP-16-07A || 12/10/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1905.docx NJSP1905] || Electronic Ticketing * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-19-05B || 4/9/2020 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9011.docx JSP9011] || Emergency Provisions and Incident Management || This provision is required on all projects and provides contact information for the local law enforcement and fire departments. || JSP-90-11A || 4/19/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2201.docx NJSP2201] || Full Depth Reclamation * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-22-01A || 3/14/2022 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0902.docx JSP0902] || General - Federal || This provision is required in all federally funded contracts. || JSP-09-02K || 4/22/2024 || 7/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0903.docx JSP0903] || General - State || This provision is required in all state funded contracts. || JSP-09-03K || 4/22/2024 || 7/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0904.docx JSP0904] || General - State Non-Prevailing Wages || Use this provision on any state funded non-construction project. || JSP-09-04K || 4/22/2024 || 7/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0401.docx JSP0401] || Geosynthetic Interlayer Specification for Highway Applications * || *Limited use. Only as Approved by Construction and Materials Division. &lt;/br&gt; The Geosynthetic Interlayer Specification is designed to provide a moisture barrier/stress relieving membrane to be placed beneath a hot-mix asphalt (HMA) Overlay. || JSP-04-01 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9709.docx JSP9709] || Geosynthetic Reinforced Soil Slope System || || JSP-97-09 || 5/20/2011 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1702.docx JSP1702] || Guardrail Grading Requirements || This provision is for use on projects that require grading for guardrail and end treatment replacements. || JSP-17-02B || 4/19/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2202.docx JSP2202] || Guardrail Posts in Concrete || Use this provision when guardrail posts are installed or removed from concrete pavement or drain basins. || JSP-22-02B || 5/18/2023 || 7/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1513.docx NJSP1513] || High Friction Surface Treatment || || NJSP-15-13B || 9/22/2015 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9704.docx JSP9704] || High Performance Concrete for Precast Bridge Units || || JSP-97-04 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2403.docx JSP2403] || High-Tension Guard Cable Barrier || (Previous JSP-06-07) - This provision should be used when high-tension guard cable is specified. || JSP-24-03 || 5/16/2024 || 7/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1903.docx NJSP1903] || Hot Applied Seal Coat * || *Limited use. Requires approval from by Construction and Materials Division || NJSP-19-03 || 6/20/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0202.docx JSP0202] || Hot-Mix Asphalt Overlay on Rubblized Concrete * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || JSP-02-02 || 10/9/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP8901.docx JSP8901] || Johnson Grass Control || || JSP-89-01 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1503.docx JSP1503] || Law Enforcement In The Workzone || For use on projects which will include workzone enforcement. || JSP-15-03 || 3/17/2015 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0305.docx JSP0305] || Liquidated Damages / Liquidated Savings Specified || This provision is for use to motivate the contractor to complete the work in a specific time frame as set up by the District. The description of the work should be complete and directly related to the Damage/Savings amount set up. || JSP-03-05A || 6/11/2021 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0417.docx JSP0417] || Liquidated Damages for Winter Months || This provision should be used on projects where the primary work can be performed during the winter months, such as bridge construction. || JSP-04-17A || 4/30/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9328.docx JSP9328] || Liquidated Damages Specified || This provision should be used when there is milestone date that must be met such as opening the road to traffic before a special event in the area. || JSP-93-28 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0306.docx JSP0306] || Liquidated Savings Specified || For use to motivate the contractor to complete the work in a specific time frame as set up by the District. Ensure that the description of the work in question is complete as possible and directly related to the Damage/Savings amount set up. || JSP-03-06A || 6/11/2021 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2101.docx NJSP2101] || Low Type Asphalt Requirements * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-21-01A || 7/26/2022 || 9/1/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2201.docx JSP2201] || Lump Sum Temporary Traffic Control || This provision allows qualifying temporary traffic control devices to be lumped together. || JSP-22-01A || 7/19/2023 || 10/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1704.docx NJSP1704] || Macrotexture Surface for Ultrathin Bonded Asphalt Wearing Surface Requirement * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-17-04A || 11/17/2017 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0413.docx JSP0413] || Masonry Construction || || JSP-04-13 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1539.docx NJSP1539] || Modified Bituminous Pavement Mixture (BP-2) || Allows districts to use modify BP-2 gradation to be laid thinner than 1.5 or 2&quot; || NJSP-15-39A || 9/23/2022 || 1/1/23<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1511.docx NJSP1511] || Modified Bonded Asphaltic Concrete Pavement * || * Limited Use. Requires approval from Construction and Materials prior to use. || NJSP-15-11C || 11/12/2021 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1806.docx JSP1806] || MoDOT Retained Guardrail || Use this provision when MoDOT wishes to retain guardrail that is being removed. || JSP-18-06 || 6/12/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1517.docx NJSP1517] || MoDOT’S Construction Workforce Program || Required for all projects that are assigned a OJT goal. || JSP-15-17A || 8/19/2016 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0011.docx JSP0011] || Mowing || Use this provision on projects requiring significant mowing during construction. District Maintenance should identify projects, mowing locations and No. of mowings. If only for specific areas, those areas need to be identified in the special provision. || JSP-00-11 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2202.docx NJSP2202] || Multi-Year, Multi-Location Project || This provision should only be used in proposals that have one Job Number for multiple overlay routes (locations) and the completion date is such that work is allowed to carry over into a second calendar year. || NJSP-22-02 || 4/20/2022 || 6/1/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0004.docx JSP0004] || NEMA TS2 Traffic Controller Assemblies || This provision is to be used only in special conditions after consulting with District Traffic and as directed or approved by General Headquarters. || JSP-00-04A || 5/24/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2105.docx NJSP2105] || No Open Burning || This provision should be used when open burning is prohibited. || NJSP-21-05 || 6/9/2021 ||<br /> |-<br /> | [https://epg.modot.org/forms/JSP/JSP2402.docx NJSP2402] || Non-Tracking Tack || This provision may be used on roadways located within an urban area where tracking from the tack coat operation would lead to aesthetic damage to the surrounding commercial driveways and parking lots. || JSP-24-02 || 3/20/2024 || 7/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1802.docx JSP1802] || Notice to Bidders of Funding by Third Party || This provision is required on any project with funding provided by others. || JSP-18-02A || 5/21/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9819.docx JSP9819] || Notice to Bidders of Third Party Concurrence in Award || This provision is required on any project with funding provided by others in which they have the right by agreement to concur in the award of the contract. || JSP-98-19 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0407.docx JSP0407] || Office for the Engineer || This provision resulted from implementation of the Performance Specifications. Was Sec 615 of the specs. || JSP-04-07 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1518.docx NJSP1518] || Optional Grading Concepts || || NJSP-15-18 || 3/20/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0606.docx JSP0606] || Optional Pavements || This provision should be used for projects which do not meet the criteria for Alt Pavements, specifically those with less than 7,500 SY of continuous full depth pavement or less than 14,000 SY of full depth pavement at various locations. || JSP-06-06H || 9/23/2022 || 1/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1303.docx JSP1303] || Optional Shoulder || Use this provision on shouldering projects that will allow for a concrete option when bituminous asphalt is specified. || JSP-13-03A || 9/29/2022 || 1/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1533.docx NJSP1533] || Optional Surface Treatment Prior to Asphalt Overlay * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-15-33D || 3/28/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1807.docx NJSP1807] || Optional Temporary Pavement Marking Paint || Use this provision and pay item with all overlay projects that have more than five (5) centerline miles of pavement requiring High Build Waterborne paint AND has a contract completion date of November 1 or later. || NJSP-18-07F || 5/13/2024 || 8/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0709.docx JSP0709] || Optional Traffic Signal Detectors || To be used when Optional Traffic Signal Detectors are specified. || JSP-07-09 || 1/3/2011 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0409.docx JSP0409] || Overhead Lighting of Signs || When lighting of overhead signs is required on a project, the following information along with special sheet “ Sign Lighting – Lighting Support Bracket” shall be inserted in the contract documents. || JSP-04-09 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1901.docx NJSP1901] || Partial Depth Concrete Pavement Repair Using Hot Applied Polymer Modified Repair Material *|| * Limited Use. Requires approval by Construction and Materials Division prior to use. || NJSP-19-01B || 1/25/2024 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1705.docx NJSP1705] || Pavement Smoothness for UBAWS * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-17-05A || 4/23/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1540.docx NJSP1540] || Permanent Aggregate Edge Treatment || May be used when treatment along the edge of a pavement or shoulder is included in an overlay project. Sec 2.1 is only for areas prone to washout. When 2.1 is used, pay item and quantity for 413-40.00, Bituminous Fog Seal, per gallon must be included. || NJSP-15-40B || 2/3/2022 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0408.docx JSP0408] || Placing State Owned Pipe || This provision resulted from implementation of the Performance Specifications. Was Sec 729 of the specs. || JSP-04-08 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1904.docx NJSP1904] || Polyester Polymer Concrete Overlay * ||* Limited use. Requires approval from Construction and Materials Division prior to use. || NJSP-19-04 || 9/13/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1601.docx JSP1601] || Post-Award Value Engineering Change Proposal Workshop * || * Limited use. Requires approval from Design Division prior to use. || JSP-16-01 || 1/8/2016 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0406.docx JSP0406] || Powder Coating * || * Limited use. Requires approval from Construction and Materials Division prior to use. || JSP-04-06 || 10/9/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9605.docx JSP9605] || Project Contact for Contractor/Bidder Questions || This provision is required on all projects. || JSP-96-05 || 4/19/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0708.docx JSP0708] || Protective Surface Treatment for Concrete - Penetrating Sealers * || * Limited use. Requires approval from Construction and Materials Division prior to use. || JSP-07-08B || 12/6/2016 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1522.docx NJSP1522] || Quality Management || This provision is required on all projects identified as complex by the district. || NJSP-15-22 || 7/1/2014 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2106.docx NJSP2106] || Radar Speed Advisory System || This provision should be used when Radar Speed Advisory System is specified. || NJSP-21-06 || 6/11/2021 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2303.docx JSP2303] || Rapid Penetrating Emulsion * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || JSP-23-03 || 12/5/2023 || 03/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0210.docx JSP0210] || Rapid Set Concrete Patching Material - Horizontal Repair || Formerly JSP-02-01A renamed to follow JSP numbering formatting. || JSP-02-10 || 1/3/2011 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0201.docx JSP0201] || Rapid Set Concrete Patching Material - Vertical and Overhead Repairs || || JSP-02-01|| 8/14/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1902.docx NJSP1902] || Rapid Strength Concrete for Pavement Repair * || *Limited use. Requires approval from Construction and Materials Division prior to use. || NJSP-19-02 || 6/20/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1710.docx NJSP1710] || Red Signal Ahead Sign With LED Light || This provision should be used when placing a red signal ahead sign with an attached LED assembly. || NJSP-17-10A || 2/21/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1706.docx NJSP1706] || Reinforcing Fibers for Bituminous Pavement Material * || * Limited Use. Requires approval from Construction and Materials Division prior to use; ADSR Test Methods Document required with Electronic Deliverables. || NJSP-17-06C || 8/1/2022 || <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1523.docx NJSP1523] || Rejuvenating Restorative Seal Treatment * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-15-23 || 2/1/2015 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9806.docx JSP9806] || Relocation of Portable Traffic Signal System || || JSP-98-06 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1201.docx JSP1201] || Removal and Delivery of Existing Signs || Use this provision when any existing roadway signs are to be removed from the project. || JSP-12-01C || 8/1/2023 || 11/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1701.docx JSP1701] || Required Combination of Calls || This provision is used when required projects with separate funding (ie: state funded and federal funded projects) are to be combined. || JSP-17-01A || 6/13/2024 || 7/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1606.docx NJSP1606] || Restrictions for Migratory Birds || Use of this provision should be coordinated with Design Division - Environmental Section. || NJSP-06-06A || 4/11/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1811.docx NJSP1811] || Rigid Geogrid Enhanced Aggregate or Rock Base * || * Limited Use. The intent of this provision is to use rigid geogrid with either a Type 5 or 7 Aggregate Base or with Rock Base (12” or 18”) as shown on the plans. Requires approval from Construction and Materials prior to use. || NJSP-18-11B || 3/12/2021 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1508.docx JSP1508] || Seal Coat Completion of Work || To be used in Seal Coat projects which span multiple seasons. || JSP-15-08 || 6/26/2015 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9705.docx JSP9705] || Section 404 Nationwide Permit Special Conditions || This provision is to be used with any Nationwide Permit when the Corps of Eng. District Engineer places special conditions on the use of the NW Permit. List any special conditions provided in the letter from the Corps authorizing use of the NW Permit. || JSP-97-05 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2003.docx NJSP2003] || Shaping Slopes Class III (Modified Material Requirements) || Use when additional stability is needed for erosion and/or lack of stability of Shaping Slopes Class III with steep in-slopes. || NJSP-20-03B || 1/6/2022 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1527.docx NJSP1527] || Shoulder Grading || || NJSP-15-27A || 1/27/2017 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0605.docx JSP0605] || Slurry and Residue Produced During Surface Treatment of PCCP and Bridge Decks || This provision should be used where diamond grinding or any other surface treatment that would produce slurry residue is specified. Any questions regarding the use of this provision should be directed to the Design Division - Environmental Section. || JSP-06-05A || 1/23/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0707.docx JSP0707] || Snowplowable Raised Pavement Marker Rehabilitation or Removal || This provision should be use when maintenance of SRPMs is included in a project. || JSP-07-07 || 8/7/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2107.docx JSP2107] || Special Consideration of Change Orders and Value Engineering || Use this provision when increased Federal Share has been approved by FHWA for an innovative technology or practice. || JSP-21-07 || 6/21/2021 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1506.docx JSP1506] || Standard Alternate Technical Concepts || To be used on projects using the Standard ATC process which allows prequalified contractors to bid contractor specific bid items through the approval process. || JSP-15-06 || 5/26/2015 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1801.docx JSP1801] || Supplemental Revisions || This provision is required in all contracts. || JSP-18-01BB || 5/14/2024 || 7/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1528.docx NJSP1528] || Surface Sealing Treatment || May be used on mainline pavement with an existing chip seal surface, on centerline joints, and on shoulder areas. This rescinds earlier guidance. &lt;/br&gt; Use with pay item 4099905, surface sealing treatment. || NJSP-15-28 || 2/22/2017 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1304.docx JSP1304] || Temporary Long Term Rumble Strips || Required when temporary long-term rumble strips are used on a project. Provides information for construction requirements, material information and basis of payment when using long term rumble strips on construction projects. || JSP-13-04C || 5/30/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0705.docx JSP0705] || Tree Clearing Restriction * || * Limited Use. Design Division - Environmental Section should be consulted prior to using this provision. || JSP-07-05B || 2/9/2023 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2304.docx JSP2304] || Truck Mounted Attenuator (TMA) for Stationary Activities || Use when requiring TMA for stationary work activity. (TMA for mobile operation, such as striping, is incidental.) || JSP-23-04 || 1/22/2024 || 4/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0410.docx JSP0410] || Use of Crossovers and Truck Entrances || || JSP-04-10 || 4/24/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9326.docx JSP9326] || Utilities || || JSP-93-26F || 12/1/2016 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2404.docx JSP2404] || Vegetative Barrier Pavement || This provision is used when installing new guard cable. || JSP-24-04 || 5/16/2024 || 7/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2203.docx JSP2203] || Void Reducing Asphalt Membrane for Longitudinal Joints (VRAM) || Use when MoDOT wishes to enhance longitudinal joint performance. Contact Construction &amp; Materials Division for additional information. || JSP-22-03A || 8/17/2023 || 12/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1507.docx JSP1507] || Winter Months Requirements || To be used for overlay projects that span multiple construction seasons. Developed for the CLC program. || JSP-15-07A || 4/30/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1532.docx NJSP1532] || Work Zone Intelligent Transportation System || To be used on projects whenever Intelligent Transportation Systems (ITS) will be used. || NJSP-15-32A || 6/6/2023 || 8/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0206.docx JSP0206] || Work Zone Traffic Management || This provision is required on all projects and must be provision &quot;C&quot; in the set of provisions. || JSP-02-06N || 4/19/2023 || 7/1/2023<br /> |}<br /> <br /> &lt;div id=&quot;JSP-LPA&quot;&gt;&lt;/div&gt;<br /> {| class=&quot;wikitable wikitable mw-collapsible mw-collapsed sortable&quot;<br /> |+ class=&quot;nowrap&quot; style=&quot;font-size:1.5em; text-align:left;&quot; | LPA<br /> |- <br /> ! Name !! JSP Title !! Explanatory Notes || Current Version !! Revision Date !! Effective Letting<br /> |- <br /> | [https://epg.modot.org/forms/JSP/LPA1501.docx LPA1501] || Acceptance of Precast Concrete Members and Panels || || LPA-15-01A || 10/6/2023 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1502.docx LPA1502] || Acceptance of Structural Steel || || LPA-15-02A || 10/6/2023 || <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1507.docx LPA1507] || ADA Compliance and Final Acceptance of Constructed Facilities || This provision is required on all projects with sidewalks or curb ramps. || LPA-15-07B || 10/6/2023 || <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1503.docx LPA1503] || Add Alternates || || LPA-15-03A || 10/6/2023 || <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1504.docx LPA1504] || Alternates For Pavements || || LPA-15-04A ||10/30/2023 || <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1509.docx LPA1509] || Liquidated Damages For Winter Months || || LPA-15-09A || 10/6/2023 || <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1510.docx LPA1510] || Liquidated Damages Specified for Entrance Closures || || LPA-15-10A || 10/6/2023 || <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1508.doc LPA1508] || Liquidated Damages Specified for Final Closeout Documentation (Final Payment Documents) || || LPA-15-08 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1808.docx LPA1808] || LPA Buy America Requirements || || LPA-18-08A || 2/10/2023 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA2301.docx LPA2301] || LPA Buy America Requirements Non-Iron and Steel || || LPA-23-01 || 10/6/2023 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1511.docx LPA1511] || Optional Pavements || || LPA-15-11A || 10/30/2023 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1513.docx LPA1513] || Utilities || || LPA-15-13A || 10/6/2023 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1512.doc LPA1512] || Work Zone Traffic Management Plan (Traffic Control) || || LPA-15-12 ||<br /> |}<br /> <br /> &lt;div id=&quot;JSP-Packages&quot;&gt;&lt;/div&gt;<br /> {| class=&quot;wikitable wikitable mw-collapsible mw-collapsed sortable&quot;<br /> |+ class=&quot;nowrap&quot; style=&quot;font-size:1.5em; text-align:left;&quot; | JSP Packages<br /> |-<br /> ! Name !! JSP Title !! Explanatory Notes !! Current Version !! Revision Date !! Effective Letting<br /> |-<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_ASPHALT_2024.docx JOC_ASPHALT_2024] || Asphalt Pavement Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2024 Calendar year. || JOC_ASPHALT_2024 || 2/2/2024 || 4/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_BRIDGE_2024.docx JOC_BRIDGE_2024] || Bridge Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2024 Calendar year. || JOC_BRIDGE_2024 || 2/2/2024 || 4/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/CLC_Book_Job_JSPs.docx CLC Book Job JSPs] || CLC Book Job JSPs || Use this JSP package when submitting FY 2025 CLC Book Job projects without plans. || CLC_Book_Job_JSPs_FY2025 || 5/22/2024 || 7/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/CLC_JSPs.docx CLC_JSPs] || CLC JSP Package || Use this JSP package on FY 2025 CLC projects. || CLC_JSPs_FY2025 || 5/22/2024 || 7/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_CONCRETE_2024.docx JOC_CONCRETE_2024] || Concrete Pavement Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2024 Calendar year. || JOC_CONCRETE_2024 || 2/2/2024 || 4/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_FENCE_2024.docx JOC_FENCE_2024] || Fence Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2024 Calendar year. || JOC_FENCE_2024 || 2/2/2024 || 4/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_GUARD_CABLE_2024.docx JOC_GUARD_CABLE_2024] || Guard Cable Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2024 Calendar year. || JOC_GUARD_CABLE_2024 || 2/2/2024 || 4/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_COMBINED_GUARDRAIL_GUARD_CABLE_2024.docx JOC_COMBINED_GUARDRAIL_GUARD_CABLE_2024] || Guardrail and Guard Cable Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2024 Calendar year. || JOC_GUARDRAIL_GUARD_CABLE_2024 || 2/2/2024 || 4/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_GUARDRAIL_2024.docx JOC_GUARDRAIL_2024] || Guardrail Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2024 Calendar year. || JOC_GUARDRAIL_2024 || 2/2/2024 || 4/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/Seal_Coat_Book_Job_JSPs.docx Seal_Coat_Book_Job_JSPs] || Seal Coat Book Job JSP Package || Use this JSP package when submitting FY 2025 Seal Coat Book Job projects without plans. || Seal_Coat_Book_Job_JSPs_FY2025 || 5/22/2024 || 7/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/Seal_Coat_JSPs.docx Seal_Coat_JSPs] || Seal Coat JSP Package || Use this JSP package with all FY 2025 Seal Coat projects. || Seal_Coat_JSPs_FY2025 || 5/22/2024 || 7/1/2024<br /> |}</div>

Hallej1 https://epgtest3.modot.org/index.php?title=Job_Special_Provisions&diff=53175 2023-12-06T13:52:26Z

<p>Hallej1: </p> <hr /> <div>&lt;div id=&quot;JSP-Provision&quot;&gt;&lt;/div&gt;<br /> {| class=&quot;wikitable wikitable mw-collapsible mw-collapsed sortable&quot; <br /> |+ class=&quot;nowrap&quot; style=&quot;font-size:1.5em; text-align:left;&quot; | Provision<br /> |- <br /> ! Name !! JSP Title !! Explanatory Notes !! Current Version !! Revision Date !! Effective Letting<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP-Formatting-Guide.docx JSP Formatting Guide] || _Roadway Job Special Provision Formatting Instructions || This format is to be used by all when writing provisions in order to create uniformity in project proposals. || JSP_Format_Guide || 4/3/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP_Roadway_Template.docx JSP_Roadway_Template] || _Roadway Job Special Provision Template || This template is to be used for Roadway Job Special Provisions. Choose the appropriate signature block and provide the necessary provisions according to the template provided. || Template || 4/20/2023 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0607.docx JSP0607] || 3 - or 4 - Strand High Tension Guard Cable || This provision should be used when high tension guard cable is specified. || JSP-06-07D || 11/3/2021 || <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2302.docx JSP2302] || 4-Inch Square Steel Sign Post || Use this provision to specify the details for a 4-inch square post which may be used to install single post exit gore signs, flat sheet signs 48” x 60” up to and not exceeding 48” x 96”, and community wayfinding signs at locations shown on the plans. || JSP-23-02 || 9/13/2023 || 12/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9314.docx JSP9314] || Accelerating the Completion of Closure Work (Incentive/Disincentive Clause) || This provision is commonly known as A+B bidding. || JSP-93-14C || 12/5/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1001.docx JSP1001] || ADA Compliance and Final Acceptance Of Constructed Facilities || This provision is required on all projects with sidewalks or curb ramps. || JSP-10-01C || 1/23/2023 || 3/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2301.docx JSP2301] || ADA Material Testing Frequency Modifications || This provision may be used on ADA corridor projects to reduce the testing requirements due to the limited material quantities associated with sidewalk improvements. || JSP-23-01 || 8/16/2023 || 12/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1203.docx JSP1203] || Add Alternate Section (Per Project) || || JSP-12-03A || 7/14/2016 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1602.docx JSP1602] || Adjusting Guardrail || For minor routes only. This provision is to be used when the substandard height guardrail will be raised to a minimum of 27 3/4&quot;. Repair of guardrail should be addressed with separate pay items. || JSP-16-02A || 4/19/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1509.docx JSP1509] || Airport Requirements || This provision is for use on projects near a public use airport or heliport or is more than 200 feet above existing ground level. || JSP-15-09 || 7/9/2015 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9604.docx JSP9604] || Alternate for Pavements || This provision should be used for projects with 7,500 SY of continuous full depth pavement or 14,000 SY of full depth pavement at various locations. || JSP-96-04G || 1/4/2017 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0905.docx JSP0905] || Alternates for Slab Stabilization || This provision should be used when slab stabilization operations are included in the contract to define the bidding requirements of the different materials for this type of work. || JSP-09-05 || 10/21/2009 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2001.docx NJSP2001] || Balanced Mix Design Performance Testing * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-20-01C || 8/31/2022 || 11/1/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2108.docx NJSP2108] || Balanced Mix Design Performance Testing for Job Mix Approval * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-21-08|| 11/17/2021 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9327.docx JSP9327] || Changeable Message Sign (Commission Furnished) || || JSP-93-27 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1805.docx NJSP1805] || Class VI Riprap * || * Limited Use. This provision is a revised Spec to better align with the need we have when rock much larger than the Rock Blanket Spec is needed. Contact Bridge Division &amp; Construction and Materials Division prior to use. || NJSP-18-05B || 6/20/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2102.docx NJSP2102] || Clean Water Act Section 404 Permit Requirements * || * Limited Use. For use by Design Division - Environmental Section only, as they will add this provision to the RES for required projects. || NJSP-21-02 || 1/15/2021 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0415.docx JSP0415] || Concrete Planing || This provision is to be used when concrete planing is specified. &lt;/br&gt; If there are questions on whether concrete planing should be included on a specific project, Construction and Materials Division should be consulted. || JSP-04-15 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1301.docx JSP1301] || Contract Liquidated Damages || This provision is required on all projects except Job Order Contracts and must be provision &quot;B&quot; in the set of provisions. || JSP-13-01C || 4/14/2023 || 6/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0106.docx JSP0106] || Contractor Furnished/Commission Retained Temporary Type F Concrete Traffic Barrier || This provision should only be used when the district decides to retain contractor furnished barrier sections. If the district does not specifically intend to retain barrier sections, Sec 617 of the standard specifications covers Concrete Traffic Barrier. || JSP-01-06 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1542.docx NJSP1542] || Contractor Quality Control || This provision is required on all projects EXCEPT for JOCs and projects with Quality Management provision. || NJSP-15-42 || 4/20/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1521.docx NJSP1521] || Contractor Quality Control For Plant Mix Bituminous Surface Leveling || Required when project includes bid item 402-05.20 - Bituminous Pavement Mixture PG64-22 (Surface Leveling). QM or QC provisions are required when other types of asphalt or concrete paving are in a project. || NJSP-15-21A || 10/6/2015 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9908.docx JSP9908] || Demolition and Removal Contract || Must be included in demolition and removal contracts when MoDOT doesn't have possession of all parcels or an asbestos survey are not completed on all structures, prior to letting. NTP must be issued. || JSP-99-08 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1505.docx JSP1505] || Disposition of Existing Signal/Lighting and Network Equipment || To be used when signal/lighting or communication is to be removed by the contractor and retained by the commission. || JSP-15-05A || 5/1/2017 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9706.docx JSP9706] || Division 100 Revisions for Complex Projects || This provision is used on complex projects and those with major bridge work as determined by the State Design Engineer. Per 105.16 and 108.4 additional detail documentation is required. A+B Bidding (JSP-93-14) should not be used with this provision. || JSP-97-06 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1607.docx JSP1607] || Dynamic Late Merge Sysytem (Zipper Merge) || || JSP-16-07A || 12/10/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1905.docx NJSP1905] || Electronic Ticketing * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-19-05B || 4/9/2020 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9011.docx JSP9011] || Emergency Provisions and Incident Management || This provision is required on all projects and provides contact information for the local law enforcement and fire departments. || JSP-90-11A || 4/19/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2201.docx NJSP2201] || Full Depth Reclamation * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-22-01A || 3/14/2022 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0902.docx JSP0902] || General - Federal || This provision is required in all federally funded contracts. || JSP-09-02J || 4/20/2023 || 7/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0903.docx JSP0903] || General - State || This provision is required in all state funded contracts. || JSP-09-03J || 4/20/2023 || 7/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0904.docx JSP0904] || General - State Non-Prevailing Wages || Use this provision on any state funded non-construction project. || JSP-09-04J || 4/20/2023 || 7/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0401.docx JSP0401] || Geosynthetic Interlayer Specification for Highway Applications * || *Limited use. Only as Approved by Construction and Materials Division. &lt;/br&gt; The Geosynthetic Interlayer Specification is designed to provide a moisture barrier/stress relieving membrane to be placed beneath a hot-mix asphalt (HMA) Overlay. || JSP-04-01 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9709.docx JSP9709] || Geosynthetic Reinforced Soil Slope System || || JSP-97-09 || 5/20/2011 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1702.docx JSP1702] || Guardrail Grading Requirements || This provision is for use on projects that require grading for guardrail and end treatment replacements. || JSP-17-02B || 4/19/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2202.docx JSP2202] || Guardrail Posts in Concrete || Use this provision when guardrail posts are installed or removed from concrete pavement or drain basins. || JSP-22-02B || 5/18/2023 || 7/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1513.docx NJSP1513] || High Friction Surface Treatment || || NJSP-15-13B || 9/22/2015 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9704.docx JSP9704] || High Performance Concrete for Precast Bridge Units || || JSP-97-04 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1903.docx NJSP1903] || Hot Applied Seal Coat * || *Limited use. Requires approval from by Construction and Materials Division || NJSP-19-03 || 6/20/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0202.docx JSP0202] || Hot-Mix Asphalt Overlay on Rubblized Concrete * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || JSP-02-02 || 10/9/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1810.docx NJSP1810] || Intelligent Compaction - Surface Leveling* || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-18-10 || 10/01/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1808.docx NJSP1808] || Intelligent Compaction * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-18-08C || 7/8/2021 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP8901.docx JSP8901] || Johnson Grass Control || || JSP-89-01 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1503.docx JSP1503] || Law Enforcement In The Workzone || For use on projects which will include workzone enforcement. || JSP-15-03 || 3/17/2015 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0305.docx JSP0305] || Liquidated Damages / Liquidated Savings Specified || This provision is for use to motivate the contractor to complete the work in a specific time frame as set up by the District. The description of the work should be complete and directly related to the Damage/Savings amount set up. || JSP-03-05A || 6/11/2021 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0417.docx JSP0417] || Liquidated Damages for Winter Months || This provision should be used on projects where the primary work can be performed during the winter months, such as bridge construction. || JSP-04-17A || 4/30/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9328.docx JSP9328] || Liquidated Damages Specified || This provision should be used when there is milestone date that must be met such as opening the road to traffic before a special event in the area. || JSP-93-28 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0306.docx JSP0306] || Liquidated Savings Specified || For use to motivate the contractor to complete the work in a specific time frame as set up by the District. Ensure that the description of the work in question is complete as possible and directly related to the Damage/Savings amount set up. || JSP-03-06A || 6/11/2021 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2101.docx NJSP2101] || Low Type Asphalt Requirements * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-21-01A || 7/26/2022 || 9/1/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2201.docx JSP2201] || Lump Sum Temporary Traffic Control || This provision allows qualifying temporary traffic control devices to be lumped together. || JSP-22-01A || 7/19/2023 || 10/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1704.docx NJSP1704] || Macrotexture Surface for Ultrathin Bonded Asphalt Wearing Surface Requirement * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-17-04A || 11/17/2017 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0413.docx JSP0413] || Masonry Construction || || JSP-04-13 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1539.docx NJSP1539] || Modified Bituminous Pavement Mixture (BP-2) || Allows districts to use modify BP-2 gradation to be laid thinner than 1.5 or 2&quot; || NJSP-15-39A || 9/23/2022 || 1/1/23<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1511.docx NJSP1511] || Modified Bonded Asphaltic Concrete Pavement * || * Limited Use. Requires approval from Construction and Materials prior to use. || NJSP-15-11C || 11/12/2021 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1806.docx JSP1806] || MoDOT Retained Guardrail || Use this provision when MoDOT wishes to retain guardrail that is being removed. || JSP-18-06 || 6/12/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1517.docx NJSP1517] || MoDOT’S Construction Workforce Program || Required for all projects that are assigned a OJT goal. || JSP-15-17A || 8/19/2016 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0011.docx JSP0011] || Mowing || Use this provision on projects requiring significant mowing during construction. District Maintenance should identify projects, mowing locations and No. of mowings. If only for specific areas, those areas need to be identified in the special provision. || JSP-00-11 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2202.docx NJSP2202] || Multi-Year, Multi-Location Project || This provision should only be used in proposals that have one Job Number for multiple overlay routes (locations) and the completion date is such that work is allowed to carry over into a second calendar year. || NJSP-22-02 || 4/20/2022 || 6/1/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0004.docx JSP0004] || NEMA TS2 Traffic Controller Assemblies || This provision is to be used only in special conditions after consulting with District Traffic and as directed or approved by General Headquarters. || JSP-00-04A || 5/24/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2105.docx NJSP2105] || No Open Burning || This provision should be used when open burning is prohibited. || NJSP-21-05 || 6/9/2021 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1802.docx JSP1802] || Notice to Bidders of Funding by Third Party || This provision is required on any project with funding provided by others. || JSP-18-02A || 5/21/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9819.docx JSP9819] || Notice to Bidders of Third Party Concurrence in Award || This provision is required on any project with funding provided by others in which they have the right by agreement to concur in the award of the contract. || JSP-98-19 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0407.docx JSP0407] || Office for the Engineer || This provision resulted from implementation of the Performance Specifications. Was Sec 615 of the specs. || JSP-04-07 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1518.docx NJSP1518] || Optional Grading Concepts || || NJSP-15-18 || 3/20/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0606.docx JSP0606] || Optional Pavements || This provision should be used for projects which do not meet the criteria for Alt Pavements, specifically those with less than 7,500 SY of continuous full depth pavement or less than 14,000 SY of full depth pavement at various locations. || JSP-06-06H || 9/23/2022 || 1/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1303.docx JSP1303] || Optional Shoulder || Use this provision on shouldering projects that will allow for a concrete option when bituminous asphalt is specified. || JSP-13-03A || 9/29/2022 || 1/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1533.docx NJSP1533] || Optional Surface Treatment Prior to Asphalt Overlay * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-15-33D || 3/28/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1807.docx NJSP1807] || Optional Temporary Pavement Marking Paint || Use this provision and pay item with all overlay projects that have more than five (5) centerline miles of pavement requiring High Build Waterborne paint AND has a contract completion date of November 1 or later. || NJSP-18-07E || 5/31/2023 || 8/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0709.docx JSP0709] || Optional Traffic Signal Detectors || To be used when Optional Traffic Signal Detectors are specified. || JSP-07-09 || 1/3/2011 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0409.docx JSP0409] || Overhead Lighting of Signs || When lighting of overhead signs is required on a project, the following information along with special sheet “ Sign Lighting – Lighting Support Bracket” shall be inserted in the contract documents. || JSP-04-09 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1901.docx NJSP1901] || Partial Depth Concrete Pavement Repair Using Hot Applied Polymer Modified Repair Material *|| * Limited Use. Requires approval by Construction and Materials Division prior to use. || NJSP-19-01A || 10/4/2021 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1705.docx NJSP1705] || Pavement Smoothness for UBAWS * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-17-05A || 4/23/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1809.docx NJSP1809] || Paver-Mounted Thermal Profiles * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-18-09B || 7/8/2021 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1540.docx NJSP1540] || Permanent Aggregate Edge Treatment || May be used when treatment along the edge of a pavement or shoulder is included in an overlay project. Sec 2.1 is only for areas prone to washout. When 2.1 is used, pay item and quantity for 413-40.00, Bituminous Fog Seal, per gallon must be included. || NJSP-15-40B || 2/3/2022 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0408.docx JSP0408] || Placing State Owned Pipe || This provision resulted from implementation of the Performance Specifications. Was Sec 729 of the specs. || JSP-04-08 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1904.docx NJSP1904] || Polyester Polymer Concrete Overlay * ||* Limited use. Requires approval from Construction and Materials Division prior to use. || NJSP-19-04 || 9/13/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1601.docx JSP1601] || Post-Award Value Engineering Change Proposal Workshop * || * Limited use. Requires approval from Design Division prior to use. || JSP-16-01 || 1/8/2016 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0406.docx JSP0406] || Powder Coating * || * Limited use. Requires approval from Construction and Materials Division prior to use. || JSP-04-06 || 10/9/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1609.docx JSP1609] || Prime Contractor Requirements || Requires the BCS Engineer's approval to use this JSP. || JSP-16-09 || 7/14/2016 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9605.docx JSP9605] || Project Contact for Contractor/Bidder Questions || This provision is required on all projects. || JSP-96-05 || 4/19/2018 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0708.docx JSP0708] || Protective Surface Treatment for Concrete - Penetrating Sealers * || * Limited use. Requires approval from Construction and Materials Division prior to use. || JSP-07-08B || 12/6/2016 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1522.docx NJSP1522] || Quality Management || This provision is required on all projects identified as complex by the district. || NJSP-15-22 || 7/1/2014 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2106.docx NJSP2106] || Radar Speed Advisory System || This provision should be used when Radar Speed Advisory System is specified. || NJSP-21-06 || 6/11/2021 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2303.docx JSP2303] || Rapid Penetrating Emulsion * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || JSP-23-03 || 12/5/2023 || 03/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0210.docx JSP0210] || Rapid Set Concrete Patching Material - Horizontal Repair || Formerly JSP-02-01A renamed to follow JSP numbering formatting. || JSP-02-10 || 1/3/2011 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0201.docx JSP0201] || Rapid Set Concrete Patching Material - Vertical and Overhead Repairs || || JSP-02-01|| 8/14/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1902.docx NJSP1902] || Rapid Strength Concrete for Pavement Repair * || *Limited use. Requires approval from Construction and Materials Division prior to use. || NJSP-19-02 || 6/20/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1710.docx NJSP1710] || Red Signal Ahead Sign With LED Light || This provision should be used when placing a red signal ahead sign with an attached LED assembly. || NJSP-17-10A || 2/21/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1706.docx NJSP1706] || Reinforcing Fibers for Bituminous Pavement Material * || * Limited Use. Requires approval from Construction and Materials Division prior to use; ADSR Test Methods Document required with Electronic Deliverables. || NJSP-17-06C || 8/1/2022 || <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1523.docx NJSP1523] || Rejuvenating Restorative Seal Treatment * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-15-23 || 2/1/2015 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9806.docx JSP9806] || Relocation of Portable Traffic Signal System || || JSP-98-06 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1201.docx JSP1201] || Removal and Delivery of Existing Signs || Use this provision when any existing roadway signs are to be removed from the project. || JSP-12-01C || 8/1/2023 || 11/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1606.docx NJSP1606] || Restrictions for Migratory Birds || Use of this provision should be coordinated with Design Division - Environmental Section. || NJSP-06-06A || 4/11/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1811.docx NJSP1811] || Rigid Geogrid Enhanced Aggregate or Rock Base * || * Limited Use. The intent of this provision is to use rigid geogrid with either a Type 5 or 7 Aggregate Base or with Rock Base (12” or 18”) as shown on the plans. Requires approval from Construction and Materials prior to use. || NJSP-18-11B || 3/12/2021 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1508.docx JSP1508] || Seal Coat Completion of Work || To be used in Seal Coat projects which span multiple seasons. || JSP-15-08 || 6/26/2015 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9705.docx JSP9705] || Section 404 Nationwide Permit Special Conditions || This provision is to be used with any Nationwide Permit when the Corps of Eng. District Engineer places special conditions on the use of the NW Permit. List any special conditions provided in the letter from the Corps authorizing use of the NW Permit. || JSP-97-05 || 10/5/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2003.docx NJSP2003] || Shaping Slopes Class III (Modified Material Requirements) || Use when additional stability is needed for erosion and/or lack of stability of Shaping Slopes Class III with steep in-slopes. || NJSP-20-03B || 1/6/2022 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1527.docx NJSP1527] || Shoulder Grading || || NJSP-15-27A || 1/27/2017 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0605.docx JSP0605] || Slurry and Residue Produced During Surface Treatment of PCCP and Bridge Decks || This provision should be used where diamond grinding or any other surface treatment that would produce slurry residue is specified. Any questions regarding the use of this provision should be directed to the Design Division - Environmental Section. || JSP-06-05A || 1/23/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0707.docx JSP0707] || Snowplowable Raised Pavement Marker Rehabilitation or Removal || This provision should be use when maintenance of SRPMs is included in a project. || JSP-07-07 || 8/7/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2107.docx JSP2107] || Special Consideration of Change Orders and Value Engineering || Use this provision when increased Federal Share has been approved by FHWA for an innovative technology or practice. || JSP-21-07 || 6/21/2021 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1506.docx JSP1506] || Standard Alternate Technical Concepts || To be used on projects using the Standard ATC process which allows prequalified contractors to bid contractor specific bid items through the approval process. || JSP-15-06 || 5/26/2015 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1801.docx JSP1801] || Supplemental Revisions || This provision is required in all contracts. || JSP-18-01AA || 10/27/2023 || 12/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1528.docx NJSP1528] || Surface Sealing Treatment || May be used on mainline pavement with an existing chip seal surface, on centerline joints, and on shoulder areas. This rescinds earlier guidance. &lt;/br&gt; Use with pay item 4099905, surface sealing treatment. || NJSP-15-28 || 2/22/2017 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1304.docx JSP1304] || Temporary Long Term Rumble Strips || Required when temporary long-term rumble strips are used on a project. Provides information for construction requirements, material information and basis of payment when using long term rumble strips on construction projects. || JSP-13-04C || 5/30/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0705.docx JSP0705] || Tree Clearing Restriction * || * Limited Use. Design Division - Environmental Section should be consulted prior to using this provision. || JSP-07-05B || 2/9/2023 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0410.docx JSP0410] || Use of Crossovers and Truck Entrances || || JSP-04-10 || 4/24/2007 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9326.docx JSP9326] || Utilities || || JSP-93-26F || 12/1/2016 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2203.docx JSP2203] || Void Reducing Asphalt Membrane for Longitudinal Joints (VRAM) || Use when MoDOT wishes to enhance longitudinal joint performance. Contact Construction &amp; Materials Division for additional information. || JSP-22-03A || 8/17/2023 || 12/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1507.docx JSP1507] || Winter Months Requirements || To be used for overlay projects that span multiple construction seasons. Developed for the CLC program. || JSP-15-07A || 4/30/2019 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1532.docx NJSP1532] || Work Zone Intelligent Transportation System || To be used on projects whenever Intelligent Transportation Systems (ITS) will be used. || NJSP-15-32A || 6/6/2023 || 8/1/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0206.docx JSP0206] || Work Zone Traffic Management || This provision is required on all projects and must be provision &quot;C&quot; in the set of provisions. || JSP-02-06N || 4/19/2023 || 7/1/2023<br /> |}<br /> <br /> &lt;div id=&quot;JSP-LPA&quot;&gt;&lt;/div&gt;<br /> {| class=&quot;wikitable wikitable mw-collapsible mw-collapsed sortable&quot;<br /> |+ class=&quot;nowrap&quot; style=&quot;font-size:1.5em; text-align:left;&quot; | LPA<br /> |- <br /> ! Name !! JSP Title !! Current Version !! Revision Date !! Effective Letting<br /> |- <br /> | [https://epg.modot.org/forms/JSP/LPA1501.docx LPA1501] || Acceptance of Precast Concrete Members and Panels || LPA-15-01A || 10/6/2023 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1502.docx LPA1502] || Acceptance of Structural Steel || LPA-15-02A || 10/6/2023 || <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1507.docx LPA1507] || ADA Compliance and Final Acceptance of Constructed Facilities || LPA-15-07B || 10/6/2023 || <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1503.docx LPA1503] || Add Alternates || LPA-15-03A || 10/6/2023 || <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1504.docx LPA1504] || Alternates For Pavements || LPA-15-04A ||10/30/2023 || <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1509.docx LPA1509] || Liquidated Damages For Winter Months || LPA-15-09A || 10/6/2023 || <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1510.docx LPA1510] || Liquidated Damages Specified for Entrance Closures || LPA-15-10A || 10/6/2023 || <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1508.doc LPA1508] || Liquidated Damages Specified for Final Closeout Documentation (Final Payment Documents) || LPA-15-08 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1808.docx LPA1808] || LPA Buy America Requirements || LPA-18-08A || 2/10/2023 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA2301.docx LPA1808] || LPA Buy America Requirements Non-Iron and Steel || LPA-23-01 || 10/6/2023 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1511.docx LPA1511] || Optional Pavements || LPA-15-11A || 10/30/2023 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1513.docx LPA1513] || Utilities || LPA-15-13A || 10/6/2023 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1512.doc LPA1512] || Work Zone Traffic Management Plan (Traffic Control) || LPA-15-12 ||<br /> |}<br /> <br /> &lt;div id=&quot;JSP-Packages&quot;&gt;&lt;/div&gt;<br /> {| class=&quot;wikitable wikitable mw-collapsible mw-collapsed sortable&quot;<br /> |+ class=&quot;nowrap&quot; style=&quot;font-size:1.5em; text-align:left;&quot; | JSP Packages<br /> |-<br /> ! Name !! JSP Title !! Explanatory Notes !! Revision Date !! Effective Letting<br /> |-<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_ASPHALT_2023.docx JOC_ASPHALT_2023] || Asphalt Pavement Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 7/14/2023 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_ASPHALT_2024.docx JOC_ASPHALT_2024] || Asphalt Pavement Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2024 Calendar year. || 10/30/2023 || 1/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_BRIDGE_2023.docx JOC_BRIDGE_2023] || Bridge Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 7/14/2023 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_BRIDGE_2024.docx JOC_BRIDGE_2024] || Bridge Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2024 Calendar year. || 10/30/2023 || 1/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/CLC_Book_Job_JSPs.docx CLC Book Job JSPs] || CLC Book Job JSPs || Use this JSP package when submitting FY 2024 CLC Book Job projects without plans. || 7/14/2023 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/CLC_JSPs.docx CLC_JSPs] || CLC JSP Package || Use this JSP package on FY 2024 CLC projects. || 7/14/2023 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_CONCRETE_2023.docx JOC_CONCRETE_2023] || Concrete Pavement Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 7/14/2023 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_CONCRETE_2024.docx JOC_CONCRETE_2024] || Concrete Pavement Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2024 Calendar year. || 10/30/2023 || 1/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_FENCE_2023.docx JOC_FENCE_2023] || Fence JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 7/14/2023 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_FENCE_2024.docx JOC_FENCE_2024] || Fence JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2024 Calendar year. || 10/30/2023 || 1/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_GUARD_CABLE_2023.docx JOC_GUARD_CABLE_2023] || Guard Cable Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 7/14/2023 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_GUARD_CABLE_2024.docx JOC_GUARD_CABLE_2024] || Guard Cable Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2024 Calendar year. || 10/30/2023 || 1/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_GUARDRAIL_2023.docx JOC_GUARDRAIL_2023] || Guardrail Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 7/14/2023 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_GUARDRAIL_2024.docx JOC_GUARDRAIL_2024] || Guardrail Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2024 Calendar year. || 10/30/2023 || 1/1/2024<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/Seal_Coat_Book_Job_JSPs.docx Seal_Coat_Book_Job_JSPs] || Seal Coat Book Job JSP Package || Use this JSP package when submitting FY 2024 Seal Coat Book Job projects without plans. || 7/14/2023 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/Seal_Coat_JSPs.docx Seal_Coat_JSPs] || Seal Coat JSP Package || Use this JSP package with all FY 2024 Seal Coat projects. || 7/14/2023 ||<br /> |}</div>

Hallej1 https://epgtest3.modot.org/index.php?title=Category:153_Agreements_and_Contracts&diff=52755 2023-07-25T13:07:16Z

<p>Hallej1: /* 153.1.6 Step 5, Final Execution of Agreement */</p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:10px; border:2px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;340px&quot; align=&quot;right&quot; <br /> |-<br /> |'''Standard Boilerplate Agreement Reference Tables'''<br /> |-<br /> |[[153.4 Administrative|Administrative]]<br /> |-<br /> |[[153.5 Bridge|Bridge]]<br /> |-<br /> |[[153.6 Chief Counsel's Office|Chief Counsel's Office]]<br /> |-<br /> |[[153.7 Construction and Materials|Construction and Materials]]<br /> |-<br /> |[[153.8 Customer Relations|Customer Relations]]<br /> |-<br /> |[[153.9 Design|Design]]<br /> |-<br /> |[[153.10 Design – Escrow|Design – Escrow]]<br /> |-<br /> |[[153.11 Financial Services|Financial Services]]<br /> |-<br /> |[[153.12 General Services|General Services]]<br /> |-<br /> |[[153.13 Highway Safety|Highway Safety]]<br /> |-<br /> |[[153.14 Human Resources|Human Resources]]<br /> |-<br /> |[[153.15 Information Systems|Information Systems]]<br /> |-<br /> |[[153.16 Maintenance|Maintenance]]<br /> |-<br /> |[[153.17 Medical Board Employee Benefits|Medical Board Employee Benefits]]<br /> |-<br /> |[[153.18 Motor Carrier Services|Motor Carrier Services]]<br /> |-<br /> |[[153.19 Multimodal|Multimodal]]<br /> |-<br /> |[[153.20 Right of Way|Right of Way]]<br /> |-<br /> |[[153.21 Traffic|Traffic]]<br /> |-<br /> |[[153.22 Transportation Planning|Transportation Planning]]<br /> |-<br /> |[[153.23 Utility|Utility]]<br /> |}<br /> <br /> ==153.1 The Agreement Process==<br /> <br /> The agreement process consist of five steps: 1) Draft the agreement, 2) MoDOT's internal review of the draft agreement, 3) Chief Counsel’s Office (CCO) review, 4) Approval and execution by the other party, and 5) Final execution of the agreement. This article provides details on each step and other important information needed to properly execute agreements. A [[media:153 Agreements Process 2016.doc|simplified chart]] of the process is available. Standard multi-use agreements (except for TR22 Excavation Permit and TR54 Excavation Permit Local Government) stored in the [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements SharePoint site] will be drafted, reviewed, executed and tracked within the eAgreements SharePoint site. One-Time Use Agreements are not stored in eAgreements and must follow the guidelines in the [[media:153 CCO Contracts Manual.pdf|CCO Contracts Manual]].<br /> <br /> ===153.1.1 Things to Know Before Beginning the Process===<br /> <br /> Every drafter should have a certain level of [[#153.1.1.6 Training|training]] and an understanding of:<br /> <br /> :*[[media:153 CCO Contracts Manual.pdf|CCO Contracts Manual]]<br /> :*[http://sharepoint/support/CC/HomePageDocs/AOL%20-%20Policy.pdf Acceptance of Liability Policy]<br /> :*[https://www.modot.org/sites/default/files/documents/008-01-01-EXECUTION%20OF%20DOCUMENTS.pdf The Execution of Documents Policy] <br /> :*[http://www.modot.org/about/MHTCPolicies.html MHTC Policies] and <br /> :*the [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements SharePoint site]. <br /> <br /> ====153.1.1.1 [[media:153 CCO Contracts Manual.pdf|CCO Contracts Manual]]====<br /> The CCO Contract Manual details the history and goals of the contract review process, the different types of agreements, the components of agreements, and the contract review procedures and policies. This manual should be referred to whenever there are any questions about any of those topics and to gain an understanding of Chief Counsel’s review process. Although standard boilerplate agreements should be used word for word, if the need arises, please also consult this manual prior to making any changes to a standard boilerplate agreement. This manual provides guidance and reasoning for the different parts of an agreement. If it is determined changes are required, please refer to section ''3(J) Drafting Tips for Preparing Form Contracts'' for best practices on writing agreements.<br /> <br /> ====153.1.1.2 [http://sharepoint/support/CC/HomePageDocs/AOL%20-%20Policy.pdf Acceptance of Liability Policy]====<br /> <br /> This policy addresses liability issues beyond the regular standard of doing business and provides a framework for review and consideration of liability issues prior to entering into an agreement.<br /> <br /> The general rule is that Missouri Highways and Transportation Commission (MHTC) will not accept the liability of another person or organization.<br /> <br /> ====153.1.1.3 [https://www.modot.org/sites/default/files/documents/008-01-01-EXECUTION%20OF%20DOCUMENTS.pdf The Execution of Documents Policy]====<br /> Generally, all agreements need to be executed by MHTC. The Execution of Documents Policy lists the exceptions to this rule. This policy lists who the Commission has delegated authority to execute contracts. The Commission also delegates authority for approval and/or execution of documents throughout [http://www.modot.org/about/MHTCPolicies.html its policies]. Refer to [[#153.1.1.4 MHTC Policies|EPG 153.1.1.4 MHTC Policies]] for more information.<br /> <br /> ====153.1.1.4 [http://www.modot.org/about/MHTCPolicies.html MHTC Policies]====<br /> The Commission delegates authority for approval and/or execution of documents throughout the MHTC policies. In those cases where the Commission has delegated its authority for approval and/or execution of specific documents or documents related to a specific subject, please refer to the respective subject. For example, see “Highways – Traffic Control” for policies related to signs.<br /> <br /> ====153.1.1.5 [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements SharePoint Site]====<br /> The eAgreements SharePoint site exists to centralize storage, collect electronic data, automate workflow processes and aid process management for agreements between MoDOT and external parties. Standard multi-use agreements (except for TR22 Excavation Permit and TR54 Excavation Permit Local Government) stored in the eAgreements SharePoint site will be drafted, reviewed, executed and tracked within the eAgreements SharePoint Site. One-Time Use Agreements are not stored in eAgreements and must follow the guidelines in the [[media:153 CCO Contracts Manual.pdf|CCO Contracts Manual]].<br /> <br /> ====153.1.1.6 Training====<br /> Before beginning the agreement process the drafter needs to have the appropriate level of training. Please visit [http://lsglm700.learnsoft.com/LSGLM/Login/MODOTlogin.aspx MoDOT-U] or consult your supervisor to ensure you have the recommended training. This training should provide drafters with a level of knowledge to make them capable of preparing, routing and properly storing the agreements.<br /> <br /> ===153.1.2 Step 1, Draft the Agreement===<br /> <br /> This step begins when a need arises for an agreement to be drafted. The time to complete this step will vary. This step is considered complete when it is submitted for [[#153.1.3 Step 2, Internal Review of the Draft Agreement|internal review (Step 2)]].<br /> <br /> ====153.1.2.1 Standard Boilerplate Agreements====<br /> First, the appropriate standard boilerplate agreement must be chosen. All current approved standard boilerplate agreement forms can be found on the [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements SharePoint site]. These forms should be used without change as they are CCO approved templates. If the boilerplate language of the approved standard form agreement has been modified, the draft must be sent to the [https://modotgov.sharepoint.com/sites/cc/Shared%20Documents/Forms/AllItems.aspx?id=%2Fsites%2Fcc%2FShared%20Documents%2FHomePageDocs%2FProfessional%20Services%20Directory%2Epdf&amp;parent=%2Fsites%2Fcc%2FShared%20Documents%2FHomePageDocs assigned attorney representative] for comments and tentative approval as to form. See [[#153.2 Standard Boilerplate Agreement Reference Tables|EPG 153.2 Standard Boilerplate Agreement Reference Tables]] for additional details on each available standard boilerplate agreement.<br /> <br /> ====153.1.2.2 Drafter’s Roles and Responsibilities====<br /> The drafter has several roles and responsibilities throughout the agreement process. The drafter sees the agreement from beginning to end. The responsibilities of the drafter in Step 1 are:<br /> <br /> :* Selection of the appropriate the [http://sp/sites/eagreements/SitePages/Home.aspx standard boiler plate agreement] to address the mutual understanding between MoDOT/MHTC and the executing party or parties. <br /> :* Review MoDOT/MHTC policies that relate to the agreement and contact CCO with any questions as needed.<br /> :* When available, reference the checklist specific to the agreement being drafted to be sure all items in the checklist have been adequately addressed.<br /> :* When sending the draft agreement to other executing party/parties for preliminary review, any changes by the other party/parties to the agreement requires review by CCO.<br /> <br /> ===153.1.3 Step 2, MoDOT's Internal Review of the Draft Agreement===<br /> <br /> This step is essential to ensure that all policies are being followed and that each affected department or division is given a chance to review the agreement. See [[#153.2 Standard Boilerplate Agreement Reference Tables|EPG 153.2 Standard Boilerplate Agreement Reference Tables]] for list of reviewers by standard boilerplate agreement. This step is considered complete when both the reviewers and drafter are satisfied with the agreement. Please allow sufficient time for reviews when determining timelines when final signatures are necessary.<br /> <br /> ====153.1.3.1 Drafter’s Roles and Responsibilities====<br /> The responsibilities of the drafter in Step 2 are:<br /> <br /> :* Submit draft agreement to the reviewers, including any explanation of irregularities through the eAgreements SharePoint site. <br /> :* The drafter shall follow policy at all times. The drafter shall consider all of the reviewer’s comments and provide reasoning to the reviewer if the comment is not being incorporated.<br /> <br /> ====153.1.3.2 Reviewer’s Roles and Responsibilities====<br /> The reviewers may differ from agreement to agreement. See [[#153.2 Standard Boilerplate Agreement Reference Tables|EPG 153.2 Standard Boilerplate Agreement Reference Tables]] for the list of appropriate reviews for the agreement being used.<br /> <br /> :* Review agreements and provide comments within 5 business days through the eAgreements SharePoint site.<br /> :* When reviewing the agreement, provide comments on items pertinent to your division.<br /> :* If the reviewer has no comments, a response is still required. “No comment” is acceptable.<br /> <br /> ====153.1.3.3 Agreements Written By Other Entities====<br /> Agreements drafted by other entities (FAA, FHWA, USDOT, Corps of Engineers, other state agencies, etc.), that use the other entities’ agreement template (i.e. bi-state agreement) must be reviewed by the Agreements Review Group through email and then routed to CCO with the MHTC Contract Submittal Form found in Microsoft Word templates. The other entities’ template is not included in eAgreements, therefore, these other entity agreements will not follow the eAgreements process. CCO will route the agreement to the Director’s Office and Commission Secretary’s Office, as applicable. After attestation and execution the Commission Secretary’s Office will upload the fully executed agreement into the eAgreements Record Center.<br /> <br /> ===153.1.4 Step 3, Chief Counsel’s Office (CCO) Review===<br /> <br /> Once the drafter has received and incorporated all necessary revisions to the draft agreement, the drafter will submit the draft agreement to CCO for review through the eAgreements SharePoint site. CCO will then have 5 business days to review the draft agreement and address any legal issues through the eAgreements SharePoint site. If CCO requires any significant changes to the draft agreement, the agreement may need to be submitted again for [[#153.1.3 Step 2, MoDOT's Internal Review of the Draft Agreement|internal review (Step 2)]]. <br /> <br /> '''Drafter’s Roles and Responsibilities'''<br /> <br /> The responsibility of the drafter in Step 3 is to send agreement to appropriate CCO contact for review and preliminary approval.<br /> <br /> ===153.1.5 Step 4, Approval and Execution by the Other Party===<br /> <br /> Once all revisions have been made to the agreement, the agreement is ready for approval and execution by the other party. <br /> <br /> '''Drafter’s Roles and Responsibilities'''<br /> <br /> The responsibilities of the drafter in Step 4 are:<br /> <br /> :* Develop final draft and submit to other party/parties for execution.<br /> :* Any changes from the other party or parties may require the agreement to be reviewed again by the reviewers and CCO.<br /> :* Ensure that any necessary acknowledgment pages are included with the submitted agreement to the other party or parties as referenced in [[#153.2 Standard Boilerplate Agreement Reference Tables|EPG 153.2 Standard Boilerplate Agreement Reference Tables]].<br /> :* If an ordinance is required, remind the executing party to include a copy of it with the partially executed agreements.<br /> <br /> ===153.1.6 Step 5, Final Execution of Agreement===<br /> <br /> When the agreement has been returned by the other party, the agreement is ready for execution. When applicable, the agreement is approved as to form by CCO, executed, and attested to by the Commission Secretary’s Office. Refer to the [https://www.modot.org/sites/default/files/documents/008-01-01-EXECUTION%20OF%20DOCUMENTS.pdf The Execution of Documents Policy] and [http://www.modot.org/about/MHTCPolicies.html MHTC Policies] to determine who is responsible for execution. CCO has provided a [https://modotgov.sharepoint.com/:w:/r/sites/cc/_layouts/15/Doc.aspx?sourcedoc=%7BCCD88FD1-D302-4009-8842-1BD8974BE0F7%7D&amp;file=CCO_Approved_Standard_Form_List.doc&amp;wdLOR=c73A28B59-1B1C-4785-AD7F-70C5E6981A8E&amp;action=default&amp;mobileredirect=true list of standard agreements] that do not require approval as to form. [[#153.2 Standard Boilerplate Agreement Reference Tables|EPG 153.2 Standard Boilerplate Agreement Reference Tables]] are also available as a guide.<br /> <br /> ====153.1.6.1 Drafter’s Roles and Responsibilities====<br /> The responsibilities of the drafter in Step 5 are:<br /> <br /> :* When required, send agreement to the appropriate [https://modotgov.sharepoint.com/sites/cc/Shared%20Documents/Forms/AllItems.aspx?id=%2Fsites%2Fcc%2FShared%20Documents%2FHomePageDocs%2FProfessional%20Services%20Directory%2Epdf&amp;parent=%2Fsites%2Fcc%2FShared%20Documents%2FHomePageDocs Central Office contact or CCO attorney] for final approval as to form and final signatures. <br /> :* Attach the Property Page from the eAgreements SharePoint site to all agreements.<br /> <br /> ====153.1.6.2 eAgreements SharePoint Site Properties Page====<br /> The Properties Page from the eAgreements SharePoint site should be attached to each agreement when submitted for execution. See the [http://sp/sites/eagreements/TrainingDocuments/Forms/AllItems.aspx eAgreements SharePoint site Manual] to access the Properties Page. The Properties Page takes the place of the MHTC Contract Submittal Form.<br /> <br /> ==153.2 Standard Boilerplate Agreement Reference Tables==<br /> <br /> These tables are to be used as a reference only. They aid in determining the appropriate agreement form to be used. The tables and links within the tables should be used as a guide. Please refer to [[media:153 CCO Contracts Manual.pdf|CCO Contracts Manual]], [http://sharepoint/support/CC/HomePageDocs/AOL%20-%20Policy.pdf Acceptance of Liability Policy], [https://www.modot.org/sites/default/files/documents/008-01-01-EXECUTION%20OF%20DOCUMENTS.pdf The Execution of Documents Policy] and [http://www.modot.org/about/MHTCPolicies.html MHTC Policies] for all questions about policy.<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |width=&quot;375&quot;|[[153.4 Administrative|EPG 153.4 Administrative]]||width=&quot;375&quot;|[[153.5 Bridge|EPG 153.5 Bridge]]<br /> |-<br /> |width=&quot;375&quot;|[[153.6 Chief Counsel's Office|EPG 153.6 Chief Counsel's Office]]||width=&quot;375&quot;|[[153.7 Construction and Materials|EPG 153.7 Construction and Materials]]<br /> |-<br /> |[[153.8 Customer Relations|EPG 153.8 Customer Relations]]|||[[153.8 Design|EPG 153.9 Design]]<br /> |-<br /> |[[153.10 Design – Escrow|EPG 153.10 Design – Escrow]]|||[[153.11 Financial Services|EPG 153.11 Financial Services]]<br /> |-<br /> |[[153.12 General Services|EPG 153.12 General Services]]|||[[153.13 Highway Safety|EPG 153.13 Highway Safety]]<br /> |-<br /> |[[153.14 Human Resources|EPG 153.14 Human Resources]]|||[[153.15 Information Systems|EPG 153.15 Information Systems]]<br /> |-<br /> |[[153.16 Maintenance|EPG 153.16 Maintenance]]|||[[153.17 Medical Board Employee Benefits|EPG 153.17 Medical Board Employee Benefits]]<br /> |-<br /> |[[153.18 Motor Carrier Services|EPG 153.18 Motor Carrier Services]]|||[[153.19 Multimodal|EPG 153.19 Multimodal]]<br /> |-<br /> |[[153.20 Right of Way|EPG 153.20 Right of Way]]|||[[153.21 Traffic|EPG 153.21 Traffic]]<br /> |-<br /> |[[153.22 Transportation Planning|EPG 153.22 Transportation Planning]]|||[[153.23 Utility|EPG 153.23 Utility]]<br /> |}<br /> <br /> ==153.3 Retention Schedule==<br /> <br /> The executed agreement should not be kept longer than specified in the [[media:153.3 Retention.xls|Retention Schedule]]. [http://sharepoint/facilitation/CT/FS_Arch/default.aspx Financial Services] is the custodian of the Retention Schedule. All agreements in the eAgreements SharePoint site will be retained according to the Retention Schedule and automatically purged according to the Retention Schedule.</div>

Hallej1 https://epgtest3.modot.org/index.php?title=Category:153_Agreements_and_Contracts&diff=52754 2023-07-25T13:06:31Z

<p>Hallej1: /* 153.1.6.1 Drafter’s Roles and Responsibilities */</p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:10px; border:2px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;340px&quot; align=&quot;right&quot; <br /> |-<br /> |'''Standard Boilerplate Agreement Reference Tables'''<br /> |-<br /> |[[153.4 Administrative|Administrative]]<br /> |-<br /> |[[153.5 Bridge|Bridge]]<br /> |-<br /> |[[153.6 Chief Counsel's Office|Chief Counsel's Office]]<br /> |-<br /> |[[153.7 Construction and Materials|Construction and Materials]]<br /> |-<br /> |[[153.8 Customer Relations|Customer Relations]]<br /> |-<br /> |[[153.9 Design|Design]]<br /> |-<br /> |[[153.10 Design – Escrow|Design – Escrow]]<br /> |-<br /> |[[153.11 Financial Services|Financial Services]]<br /> |-<br /> |[[153.12 General Services|General Services]]<br /> |-<br /> |[[153.13 Highway Safety|Highway Safety]]<br /> |-<br /> |[[153.14 Human Resources|Human Resources]]<br /> |-<br /> |[[153.15 Information Systems|Information Systems]]<br /> |-<br /> |[[153.16 Maintenance|Maintenance]]<br /> |-<br /> |[[153.17 Medical Board Employee Benefits|Medical Board Employee Benefits]]<br /> |-<br /> |[[153.18 Motor Carrier Services|Motor Carrier Services]]<br /> |-<br /> |[[153.19 Multimodal|Multimodal]]<br /> |-<br /> |[[153.20 Right of Way|Right of Way]]<br /> |-<br /> |[[153.21 Traffic|Traffic]]<br /> |-<br /> |[[153.22 Transportation Planning|Transportation Planning]]<br /> |-<br /> |[[153.23 Utility|Utility]]<br /> |}<br /> <br /> ==153.1 The Agreement Process==<br /> <br /> The agreement process consist of five steps: 1) Draft the agreement, 2) MoDOT's internal review of the draft agreement, 3) Chief Counsel’s Office (CCO) review, 4) Approval and execution by the other party, and 5) Final execution of the agreement. This article provides details on each step and other important information needed to properly execute agreements. A [[media:153 Agreements Process 2016.doc|simplified chart]] of the process is available. Standard multi-use agreements (except for TR22 Excavation Permit and TR54 Excavation Permit Local Government) stored in the [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements SharePoint site] will be drafted, reviewed, executed and tracked within the eAgreements SharePoint site. One-Time Use Agreements are not stored in eAgreements and must follow the guidelines in the [[media:153 CCO Contracts Manual.pdf|CCO Contracts Manual]].<br /> <br /> ===153.1.1 Things to Know Before Beginning the Process===<br /> <br /> Every drafter should have a certain level of [[#153.1.1.6 Training|training]] and an understanding of:<br /> <br /> :*[[media:153 CCO Contracts Manual.pdf|CCO Contracts Manual]]<br /> :*[http://sharepoint/support/CC/HomePageDocs/AOL%20-%20Policy.pdf Acceptance of Liability Policy]<br /> :*[https://www.modot.org/sites/default/files/documents/008-01-01-EXECUTION%20OF%20DOCUMENTS.pdf The Execution of Documents Policy] <br /> :*[http://www.modot.org/about/MHTCPolicies.html MHTC Policies] and <br /> :*the [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements SharePoint site]. <br /> <br /> ====153.1.1.1 [[media:153 CCO Contracts Manual.pdf|CCO Contracts Manual]]====<br /> The CCO Contract Manual details the history and goals of the contract review process, the different types of agreements, the components of agreements, and the contract review procedures and policies. This manual should be referred to whenever there are any questions about any of those topics and to gain an understanding of Chief Counsel’s review process. Although standard boilerplate agreements should be used word for word, if the need arises, please also consult this manual prior to making any changes to a standard boilerplate agreement. This manual provides guidance and reasoning for the different parts of an agreement. If it is determined changes are required, please refer to section ''3(J) Drafting Tips for Preparing Form Contracts'' for best practices on writing agreements.<br /> <br /> ====153.1.1.2 [http://sharepoint/support/CC/HomePageDocs/AOL%20-%20Policy.pdf Acceptance of Liability Policy]====<br /> <br /> This policy addresses liability issues beyond the regular standard of doing business and provides a framework for review and consideration of liability issues prior to entering into an agreement.<br /> <br /> The general rule is that Missouri Highways and Transportation Commission (MHTC) will not accept the liability of another person or organization.<br /> <br /> ====153.1.1.3 [https://www.modot.org/sites/default/files/documents/008-01-01-EXECUTION%20OF%20DOCUMENTS.pdf The Execution of Documents Policy]====<br /> Generally, all agreements need to be executed by MHTC. The Execution of Documents Policy lists the exceptions to this rule. This policy lists who the Commission has delegated authority to execute contracts. The Commission also delegates authority for approval and/or execution of documents throughout [http://www.modot.org/about/MHTCPolicies.html its policies]. Refer to [[#153.1.1.4 MHTC Policies|EPG 153.1.1.4 MHTC Policies]] for more information.<br /> <br /> ====153.1.1.4 [http://www.modot.org/about/MHTCPolicies.html MHTC Policies]====<br /> The Commission delegates authority for approval and/or execution of documents throughout the MHTC policies. In those cases where the Commission has delegated its authority for approval and/or execution of specific documents or documents related to a specific subject, please refer to the respective subject. For example, see “Highways – Traffic Control” for policies related to signs.<br /> <br /> ====153.1.1.5 [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements SharePoint Site]====<br /> The eAgreements SharePoint site exists to centralize storage, collect electronic data, automate workflow processes and aid process management for agreements between MoDOT and external parties. Standard multi-use agreements (except for TR22 Excavation Permit and TR54 Excavation Permit Local Government) stored in the eAgreements SharePoint site will be drafted, reviewed, executed and tracked within the eAgreements SharePoint Site. One-Time Use Agreements are not stored in eAgreements and must follow the guidelines in the [[media:153 CCO Contracts Manual.pdf|CCO Contracts Manual]].<br /> <br /> ====153.1.1.6 Training====<br /> Before beginning the agreement process the drafter needs to have the appropriate level of training. Please visit [http://lsglm700.learnsoft.com/LSGLM/Login/MODOTlogin.aspx MoDOT-U] or consult your supervisor to ensure you have the recommended training. This training should provide drafters with a level of knowledge to make them capable of preparing, routing and properly storing the agreements.<br /> <br /> ===153.1.2 Step 1, Draft the Agreement===<br /> <br /> This step begins when a need arises for an agreement to be drafted. The time to complete this step will vary. This step is considered complete when it is submitted for [[#153.1.3 Step 2, Internal Review of the Draft Agreement|internal review (Step 2)]].<br /> <br /> ====153.1.2.1 Standard Boilerplate Agreements====<br /> First, the appropriate standard boilerplate agreement must be chosen. All current approved standard boilerplate agreement forms can be found on the [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements SharePoint site]. These forms should be used without change as they are CCO approved templates. If the boilerplate language of the approved standard form agreement has been modified, the draft must be sent to the [https://modotgov.sharepoint.com/sites/cc/Shared%20Documents/Forms/AllItems.aspx?id=%2Fsites%2Fcc%2FShared%20Documents%2FHomePageDocs%2FProfessional%20Services%20Directory%2Epdf&amp;parent=%2Fsites%2Fcc%2FShared%20Documents%2FHomePageDocs assigned attorney representative] for comments and tentative approval as to form. See [[#153.2 Standard Boilerplate Agreement Reference Tables|EPG 153.2 Standard Boilerplate Agreement Reference Tables]] for additional details on each available standard boilerplate agreement.<br /> <br /> ====153.1.2.2 Drafter’s Roles and Responsibilities====<br /> The drafter has several roles and responsibilities throughout the agreement process. The drafter sees the agreement from beginning to end. The responsibilities of the drafter in Step 1 are:<br /> <br /> :* Selection of the appropriate the [http://sp/sites/eagreements/SitePages/Home.aspx standard boiler plate agreement] to address the mutual understanding between MoDOT/MHTC and the executing party or parties. <br /> :* Review MoDOT/MHTC policies that relate to the agreement and contact CCO with any questions as needed.<br /> :* When available, reference the checklist specific to the agreement being drafted to be sure all items in the checklist have been adequately addressed.<br /> :* When sending the draft agreement to other executing party/parties for preliminary review, any changes by the other party/parties to the agreement requires review by CCO.<br /> <br /> ===153.1.3 Step 2, MoDOT's Internal Review of the Draft Agreement===<br /> <br /> This step is essential to ensure that all policies are being followed and that each affected department or division is given a chance to review the agreement. See [[#153.2 Standard Boilerplate Agreement Reference Tables|EPG 153.2 Standard Boilerplate Agreement Reference Tables]] for list of reviewers by standard boilerplate agreement. This step is considered complete when both the reviewers and drafter are satisfied with the agreement. Please allow sufficient time for reviews when determining timelines when final signatures are necessary.<br /> <br /> ====153.1.3.1 Drafter’s Roles and Responsibilities====<br /> The responsibilities of the drafter in Step 2 are:<br /> <br /> :* Submit draft agreement to the reviewers, including any explanation of irregularities through the eAgreements SharePoint site. <br /> :* The drafter shall follow policy at all times. The drafter shall consider all of the reviewer’s comments and provide reasoning to the reviewer if the comment is not being incorporated.<br /> <br /> ====153.1.3.2 Reviewer’s Roles and Responsibilities====<br /> The reviewers may differ from agreement to agreement. See [[#153.2 Standard Boilerplate Agreement Reference Tables|EPG 153.2 Standard Boilerplate Agreement Reference Tables]] for the list of appropriate reviews for the agreement being used.<br /> <br /> :* Review agreements and provide comments within 5 business days through the eAgreements SharePoint site.<br /> :* When reviewing the agreement, provide comments on items pertinent to your division.<br /> :* If the reviewer has no comments, a response is still required. “No comment” is acceptable.<br /> <br /> ====153.1.3.3 Agreements Written By Other Entities====<br /> Agreements drafted by other entities (FAA, FHWA, USDOT, Corps of Engineers, other state agencies, etc.), that use the other entities’ agreement template (i.e. bi-state agreement) must be reviewed by the Agreements Review Group through email and then routed to CCO with the MHTC Contract Submittal Form found in Microsoft Word templates. The other entities’ template is not included in eAgreements, therefore, these other entity agreements will not follow the eAgreements process. CCO will route the agreement to the Director’s Office and Commission Secretary’s Office, as applicable. After attestation and execution the Commission Secretary’s Office will upload the fully executed agreement into the eAgreements Record Center.<br /> <br /> ===153.1.4 Step 3, Chief Counsel’s Office (CCO) Review===<br /> <br /> Once the drafter has received and incorporated all necessary revisions to the draft agreement, the drafter will submit the draft agreement to CCO for review through the eAgreements SharePoint site. CCO will then have 5 business days to review the draft agreement and address any legal issues through the eAgreements SharePoint site. If CCO requires any significant changes to the draft agreement, the agreement may need to be submitted again for [[#153.1.3 Step 2, MoDOT's Internal Review of the Draft Agreement|internal review (Step 2)]]. <br /> <br /> '''Drafter’s Roles and Responsibilities'''<br /> <br /> The responsibility of the drafter in Step 3 is to send agreement to appropriate CCO contact for review and preliminary approval.<br /> <br /> ===153.1.5 Step 4, Approval and Execution by the Other Party===<br /> <br /> Once all revisions have been made to the agreement, the agreement is ready for approval and execution by the other party. <br /> <br /> '''Drafter’s Roles and Responsibilities'''<br /> <br /> The responsibilities of the drafter in Step 4 are:<br /> <br /> :* Develop final draft and submit to other party/parties for execution.<br /> :* Any changes from the other party or parties may require the agreement to be reviewed again by the reviewers and CCO.<br /> :* Ensure that any necessary acknowledgment pages are included with the submitted agreement to the other party or parties as referenced in [[#153.2 Standard Boilerplate Agreement Reference Tables|EPG 153.2 Standard Boilerplate Agreement Reference Tables]].<br /> :* If an ordinance is required, remind the executing party to include a copy of it with the partially executed agreements.<br /> <br /> ===153.1.6 Step 5, Final Execution of Agreement===<br /> <br /> When the agreement has been returned by the other party, the agreement is ready for execution. When applicable, the agreement is approved as to form by CCO, executed, and attested to by the Commission Secretary’s Office. Refer to the [https://www.modot.org/sites/default/files/documents/008-01-01-EXECUTION%20OF%20DOCUMENTS.pdf The Execution of Documents Policy] and [http://www.modot.org/about/MHTCPolicies.html MHTC Policies] to determine who is responsible for execution. CCO has provided a [http://sharepoint/support/CC/CCO%20Contracts/MISC_DOCS/CCO_Approved_Standard_Form_List.doc list of standard agreements] that do not require approval as to form. [[#153.2 Standard Boilerplate Agreement Reference Tables|EPG 153.2 Standard Boilerplate Agreement Reference Tables]] are also available as a guide.<br /> <br /> ====153.1.6.1 Drafter’s Roles and Responsibilities====<br /> The responsibilities of the drafter in Step 5 are:<br /> <br /> :* When required, send agreement to the appropriate [https://modotgov.sharepoint.com/sites/cc/Shared%20Documents/Forms/AllItems.aspx?id=%2Fsites%2Fcc%2FShared%20Documents%2FHomePageDocs%2FProfessional%20Services%20Directory%2Epdf&amp;parent=%2Fsites%2Fcc%2FShared%20Documents%2FHomePageDocs Central Office contact or CCO attorney] for final approval as to form and final signatures. <br /> :* Attach the Property Page from the eAgreements SharePoint site to all agreements.<br /> <br /> ====153.1.6.2 eAgreements SharePoint Site Properties Page====<br /> The Properties Page from the eAgreements SharePoint site should be attached to each agreement when submitted for execution. See the [http://sp/sites/eagreements/TrainingDocuments/Forms/AllItems.aspx eAgreements SharePoint site Manual] to access the Properties Page. The Properties Page takes the place of the MHTC Contract Submittal Form.<br /> <br /> ==153.2 Standard Boilerplate Agreement Reference Tables==<br /> <br /> These tables are to be used as a reference only. They aid in determining the appropriate agreement form to be used. The tables and links within the tables should be used as a guide. Please refer to [[media:153 CCO Contracts Manual.pdf|CCO Contracts Manual]], [http://sharepoint/support/CC/HomePageDocs/AOL%20-%20Policy.pdf Acceptance of Liability Policy], [https://www.modot.org/sites/default/files/documents/008-01-01-EXECUTION%20OF%20DOCUMENTS.pdf The Execution of Documents Policy] and [http://www.modot.org/about/MHTCPolicies.html MHTC Policies] for all questions about policy.<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |width=&quot;375&quot;|[[153.4 Administrative|EPG 153.4 Administrative]]||width=&quot;375&quot;|[[153.5 Bridge|EPG 153.5 Bridge]]<br /> |-<br /> |width=&quot;375&quot;|[[153.6 Chief Counsel's Office|EPG 153.6 Chief Counsel's Office]]||width=&quot;375&quot;|[[153.7 Construction and Materials|EPG 153.7 Construction and Materials]]<br /> |-<br /> |[[153.8 Customer Relations|EPG 153.8 Customer Relations]]|||[[153.8 Design|EPG 153.9 Design]]<br /> |-<br /> |[[153.10 Design – Escrow|EPG 153.10 Design – Escrow]]|||[[153.11 Financial Services|EPG 153.11 Financial Services]]<br /> |-<br /> |[[153.12 General Services|EPG 153.12 General Services]]|||[[153.13 Highway Safety|EPG 153.13 Highway Safety]]<br /> |-<br /> |[[153.14 Human Resources|EPG 153.14 Human Resources]]|||[[153.15 Information Systems|EPG 153.15 Information Systems]]<br /> |-<br /> |[[153.16 Maintenance|EPG 153.16 Maintenance]]|||[[153.17 Medical Board Employee Benefits|EPG 153.17 Medical Board Employee Benefits]]<br /> |-<br /> |[[153.18 Motor Carrier Services|EPG 153.18 Motor Carrier Services]]|||[[153.19 Multimodal|EPG 153.19 Multimodal]]<br /> |-<br /> |[[153.20 Right of Way|EPG 153.20 Right of Way]]|||[[153.21 Traffic|EPG 153.21 Traffic]]<br /> |-<br /> |[[153.22 Transportation Planning|EPG 153.22 Transportation Planning]]|||[[153.23 Utility|EPG 153.23 Utility]]<br /> |}<br /> <br /> ==153.3 Retention Schedule==<br /> <br /> The executed agreement should not be kept longer than specified in the [[media:153.3 Retention.xls|Retention Schedule]]. [http://sharepoint/facilitation/CT/FS_Arch/default.aspx Financial Services] is the custodian of the Retention Schedule. All agreements in the eAgreements SharePoint site will be retained according to the Retention Schedule and automatically purged according to the Retention Schedule.</div>

Hallej1 https://epgtest3.modot.org/index.php?title=Category:153_Agreements_and_Contracts&diff=52753 2023-07-25T13:05:38Z

<p>Hallej1: /* 153.1.2.1 Standard Boilerplate Agreements */</p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:10px; border:2px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;340px&quot; align=&quot;right&quot; <br /> |-<br /> |'''Standard Boilerplate Agreement Reference Tables'''<br /> |-<br /> |[[153.4 Administrative|Administrative]]<br /> |-<br /> |[[153.5 Bridge|Bridge]]<br /> |-<br /> |[[153.6 Chief Counsel's Office|Chief Counsel's Office]]<br /> |-<br /> |[[153.7 Construction and Materials|Construction and Materials]]<br /> |-<br /> |[[153.8 Customer Relations|Customer Relations]]<br /> |-<br /> |[[153.9 Design|Design]]<br /> |-<br /> |[[153.10 Design – Escrow|Design – Escrow]]<br /> |-<br /> |[[153.11 Financial Services|Financial Services]]<br /> |-<br /> |[[153.12 General Services|General Services]]<br /> |-<br /> |[[153.13 Highway Safety|Highway Safety]]<br /> |-<br /> |[[153.14 Human Resources|Human Resources]]<br /> |-<br /> |[[153.15 Information Systems|Information Systems]]<br /> |-<br /> |[[153.16 Maintenance|Maintenance]]<br /> |-<br /> |[[153.17 Medical Board Employee Benefits|Medical Board Employee Benefits]]<br /> |-<br /> |[[153.18 Motor Carrier Services|Motor Carrier Services]]<br /> |-<br /> |[[153.19 Multimodal|Multimodal]]<br /> |-<br /> |[[153.20 Right of Way|Right of Way]]<br /> |-<br /> |[[153.21 Traffic|Traffic]]<br /> |-<br /> |[[153.22 Transportation Planning|Transportation Planning]]<br /> |-<br /> |[[153.23 Utility|Utility]]<br /> |}<br /> <br /> ==153.1 The Agreement Process==<br /> <br /> The agreement process consist of five steps: 1) Draft the agreement, 2) MoDOT's internal review of the draft agreement, 3) Chief Counsel’s Office (CCO) review, 4) Approval and execution by the other party, and 5) Final execution of the agreement. This article provides details on each step and other important information needed to properly execute agreements. A [[media:153 Agreements Process 2016.doc|simplified chart]] of the process is available. Standard multi-use agreements (except for TR22 Excavation Permit and TR54 Excavation Permit Local Government) stored in the [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements SharePoint site] will be drafted, reviewed, executed and tracked within the eAgreements SharePoint site. One-Time Use Agreements are not stored in eAgreements and must follow the guidelines in the [[media:153 CCO Contracts Manual.pdf|CCO Contracts Manual]].<br /> <br /> ===153.1.1 Things to Know Before Beginning the Process===<br /> <br /> Every drafter should have a certain level of [[#153.1.1.6 Training|training]] and an understanding of:<br /> <br /> :*[[media:153 CCO Contracts Manual.pdf|CCO Contracts Manual]]<br /> :*[http://sharepoint/support/CC/HomePageDocs/AOL%20-%20Policy.pdf Acceptance of Liability Policy]<br /> :*[https://www.modot.org/sites/default/files/documents/008-01-01-EXECUTION%20OF%20DOCUMENTS.pdf The Execution of Documents Policy] <br /> :*[http://www.modot.org/about/MHTCPolicies.html MHTC Policies] and <br /> :*the [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements SharePoint site]. <br /> <br /> ====153.1.1.1 [[media:153 CCO Contracts Manual.pdf|CCO Contracts Manual]]====<br /> The CCO Contract Manual details the history and goals of the contract review process, the different types of agreements, the components of agreements, and the contract review procedures and policies. This manual should be referred to whenever there are any questions about any of those topics and to gain an understanding of Chief Counsel’s review process. Although standard boilerplate agreements should be used word for word, if the need arises, please also consult this manual prior to making any changes to a standard boilerplate agreement. This manual provides guidance and reasoning for the different parts of an agreement. If it is determined changes are required, please refer to section ''3(J) Drafting Tips for Preparing Form Contracts'' for best practices on writing agreements.<br /> <br /> ====153.1.1.2 [http://sharepoint/support/CC/HomePageDocs/AOL%20-%20Policy.pdf Acceptance of Liability Policy]====<br /> <br /> This policy addresses liability issues beyond the regular standard of doing business and provides a framework for review and consideration of liability issues prior to entering into an agreement.<br /> <br /> The general rule is that Missouri Highways and Transportation Commission (MHTC) will not accept the liability of another person or organization.<br /> <br /> ====153.1.1.3 [https://www.modot.org/sites/default/files/documents/008-01-01-EXECUTION%20OF%20DOCUMENTS.pdf The Execution of Documents Policy]====<br /> Generally, all agreements need to be executed by MHTC. The Execution of Documents Policy lists the exceptions to this rule. This policy lists who the Commission has delegated authority to execute contracts. The Commission also delegates authority for approval and/or execution of documents throughout [http://www.modot.org/about/MHTCPolicies.html its policies]. Refer to [[#153.1.1.4 MHTC Policies|EPG 153.1.1.4 MHTC Policies]] for more information.<br /> <br /> ====153.1.1.4 [http://www.modot.org/about/MHTCPolicies.html MHTC Policies]====<br /> The Commission delegates authority for approval and/or execution of documents throughout the MHTC policies. In those cases where the Commission has delegated its authority for approval and/or execution of specific documents or documents related to a specific subject, please refer to the respective subject. For example, see “Highways – Traffic Control” for policies related to signs.<br /> <br /> ====153.1.1.5 [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements SharePoint Site]====<br /> The eAgreements SharePoint site exists to centralize storage, collect electronic data, automate workflow processes and aid process management for agreements between MoDOT and external parties. Standard multi-use agreements (except for TR22 Excavation Permit and TR54 Excavation Permit Local Government) stored in the eAgreements SharePoint site will be drafted, reviewed, executed and tracked within the eAgreements SharePoint Site. One-Time Use Agreements are not stored in eAgreements and must follow the guidelines in the [[media:153 CCO Contracts Manual.pdf|CCO Contracts Manual]].<br /> <br /> ====153.1.1.6 Training====<br /> Before beginning the agreement process the drafter needs to have the appropriate level of training. Please visit [http://lsglm700.learnsoft.com/LSGLM/Login/MODOTlogin.aspx MoDOT-U] or consult your supervisor to ensure you have the recommended training. This training should provide drafters with a level of knowledge to make them capable of preparing, routing and properly storing the agreements.<br /> <br /> ===153.1.2 Step 1, Draft the Agreement===<br /> <br /> This step begins when a need arises for an agreement to be drafted. The time to complete this step will vary. This step is considered complete when it is submitted for [[#153.1.3 Step 2, Internal Review of the Draft Agreement|internal review (Step 2)]].<br /> <br /> ====153.1.2.1 Standard Boilerplate Agreements====<br /> First, the appropriate standard boilerplate agreement must be chosen. All current approved standard boilerplate agreement forms can be found on the [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements SharePoint site]. These forms should be used without change as they are CCO approved templates. If the boilerplate language of the approved standard form agreement has been modified, the draft must be sent to the [https://modotgov.sharepoint.com/sites/cc/Shared%20Documents/Forms/AllItems.aspx?id=%2Fsites%2Fcc%2FShared%20Documents%2FHomePageDocs%2FProfessional%20Services%20Directory%2Epdf&amp;parent=%2Fsites%2Fcc%2FShared%20Documents%2FHomePageDocs assigned attorney representative] for comments and tentative approval as to form. See [[#153.2 Standard Boilerplate Agreement Reference Tables|EPG 153.2 Standard Boilerplate Agreement Reference Tables]] for additional details on each available standard boilerplate agreement.<br /> <br /> ====153.1.2.2 Drafter’s Roles and Responsibilities====<br /> The drafter has several roles and responsibilities throughout the agreement process. The drafter sees the agreement from beginning to end. The responsibilities of the drafter in Step 1 are:<br /> <br /> :* Selection of the appropriate the [http://sp/sites/eagreements/SitePages/Home.aspx standard boiler plate agreement] to address the mutual understanding between MoDOT/MHTC and the executing party or parties. <br /> :* Review MoDOT/MHTC policies that relate to the agreement and contact CCO with any questions as needed.<br /> :* When available, reference the checklist specific to the agreement being drafted to be sure all items in the checklist have been adequately addressed.<br /> :* When sending the draft agreement to other executing party/parties for preliminary review, any changes by the other party/parties to the agreement requires review by CCO.<br /> <br /> ===153.1.3 Step 2, MoDOT's Internal Review of the Draft Agreement===<br /> <br /> This step is essential to ensure that all policies are being followed and that each affected department or division is given a chance to review the agreement. See [[#153.2 Standard Boilerplate Agreement Reference Tables|EPG 153.2 Standard Boilerplate Agreement Reference Tables]] for list of reviewers by standard boilerplate agreement. This step is considered complete when both the reviewers and drafter are satisfied with the agreement. Please allow sufficient time for reviews when determining timelines when final signatures are necessary.<br /> <br /> ====153.1.3.1 Drafter’s Roles and Responsibilities====<br /> The responsibilities of the drafter in Step 2 are:<br /> <br /> :* Submit draft agreement to the reviewers, including any explanation of irregularities through the eAgreements SharePoint site. <br /> :* The drafter shall follow policy at all times. The drafter shall consider all of the reviewer’s comments and provide reasoning to the reviewer if the comment is not being incorporated.<br /> <br /> ====153.1.3.2 Reviewer’s Roles and Responsibilities====<br /> The reviewers may differ from agreement to agreement. See [[#153.2 Standard Boilerplate Agreement Reference Tables|EPG 153.2 Standard Boilerplate Agreement Reference Tables]] for the list of appropriate reviews for the agreement being used.<br /> <br /> :* Review agreements and provide comments within 5 business days through the eAgreements SharePoint site.<br /> :* When reviewing the agreement, provide comments on items pertinent to your division.<br /> :* If the reviewer has no comments, a response is still required. “No comment” is acceptable.<br /> <br /> ====153.1.3.3 Agreements Written By Other Entities====<br /> Agreements drafted by other entities (FAA, FHWA, USDOT, Corps of Engineers, other state agencies, etc.), that use the other entities’ agreement template (i.e. bi-state agreement) must be reviewed by the Agreements Review Group through email and then routed to CCO with the MHTC Contract Submittal Form found in Microsoft Word templates. The other entities’ template is not included in eAgreements, therefore, these other entity agreements will not follow the eAgreements process. CCO will route the agreement to the Director’s Office and Commission Secretary’s Office, as applicable. After attestation and execution the Commission Secretary’s Office will upload the fully executed agreement into the eAgreements Record Center.<br /> <br /> ===153.1.4 Step 3, Chief Counsel’s Office (CCO) Review===<br /> <br /> Once the drafter has received and incorporated all necessary revisions to the draft agreement, the drafter will submit the draft agreement to CCO for review through the eAgreements SharePoint site. CCO will then have 5 business days to review the draft agreement and address any legal issues through the eAgreements SharePoint site. If CCO requires any significant changes to the draft agreement, the agreement may need to be submitted again for [[#153.1.3 Step 2, MoDOT's Internal Review of the Draft Agreement|internal review (Step 2)]]. <br /> <br /> '''Drafter’s Roles and Responsibilities'''<br /> <br /> The responsibility of the drafter in Step 3 is to send agreement to appropriate CCO contact for review and preliminary approval.<br /> <br /> ===153.1.5 Step 4, Approval and Execution by the Other Party===<br /> <br /> Once all revisions have been made to the agreement, the agreement is ready for approval and execution by the other party. <br /> <br /> '''Drafter’s Roles and Responsibilities'''<br /> <br /> The responsibilities of the drafter in Step 4 are:<br /> <br /> :* Develop final draft and submit to other party/parties for execution.<br /> :* Any changes from the other party or parties may require the agreement to be reviewed again by the reviewers and CCO.<br /> :* Ensure that any necessary acknowledgment pages are included with the submitted agreement to the other party or parties as referenced in [[#153.2 Standard Boilerplate Agreement Reference Tables|EPG 153.2 Standard Boilerplate Agreement Reference Tables]].<br /> :* If an ordinance is required, remind the executing party to include a copy of it with the partially executed agreements.<br /> <br /> ===153.1.6 Step 5, Final Execution of Agreement===<br /> <br /> When the agreement has been returned by the other party, the agreement is ready for execution. When applicable, the agreement is approved as to form by CCO, executed, and attested to by the Commission Secretary’s Office. Refer to the [https://www.modot.org/sites/default/files/documents/008-01-01-EXECUTION%20OF%20DOCUMENTS.pdf The Execution of Documents Policy] and [http://www.modot.org/about/MHTCPolicies.html MHTC Policies] to determine who is responsible for execution. CCO has provided a [http://sharepoint/support/CC/CCO%20Contracts/MISC_DOCS/CCO_Approved_Standard_Form_List.doc list of standard agreements] that do not require approval as to form. [[#153.2 Standard Boilerplate Agreement Reference Tables|EPG 153.2 Standard Boilerplate Agreement Reference Tables]] are also available as a guide.<br /> <br /> ====153.1.6.1 Drafter’s Roles and Responsibilities====<br /> The responsibilities of the drafter in Step 5 are:<br /> <br /> :* When required, send agreement to the appropriate [http://sharepoint/support/CC/HomePageDocs/Attorney%20Services%20Directory.pdf Central Office contact or CCO attorney] for final approval as to form and final signatures. <br /> :* Attach the Property Page from the eAgreements SharePoint site to all agreements.<br /> <br /> ====153.1.6.2 eAgreements SharePoint Site Properties Page====<br /> The Properties Page from the eAgreements SharePoint site should be attached to each agreement when submitted for execution. See the [http://sp/sites/eagreements/TrainingDocuments/Forms/AllItems.aspx eAgreements SharePoint site Manual] to access the Properties Page. The Properties Page takes the place of the MHTC Contract Submittal Form.<br /> <br /> ==153.2 Standard Boilerplate Agreement Reference Tables==<br /> <br /> These tables are to be used as a reference only. They aid in determining the appropriate agreement form to be used. The tables and links within the tables should be used as a guide. Please refer to [[media:153 CCO Contracts Manual.pdf|CCO Contracts Manual]], [http://sharepoint/support/CC/HomePageDocs/AOL%20-%20Policy.pdf Acceptance of Liability Policy], [https://www.modot.org/sites/default/files/documents/008-01-01-EXECUTION%20OF%20DOCUMENTS.pdf The Execution of Documents Policy] and [http://www.modot.org/about/MHTCPolicies.html MHTC Policies] for all questions about policy.<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |width=&quot;375&quot;|[[153.4 Administrative|EPG 153.4 Administrative]]||width=&quot;375&quot;|[[153.5 Bridge|EPG 153.5 Bridge]]<br /> |-<br /> |width=&quot;375&quot;|[[153.6 Chief Counsel's Office|EPG 153.6 Chief Counsel's Office]]||width=&quot;375&quot;|[[153.7 Construction and Materials|EPG 153.7 Construction and Materials]]<br /> |-<br /> |[[153.8 Customer Relations|EPG 153.8 Customer Relations]]|||[[153.8 Design|EPG 153.9 Design]]<br /> |-<br /> |[[153.10 Design – Escrow|EPG 153.10 Design – Escrow]]|||[[153.11 Financial Services|EPG 153.11 Financial Services]]<br /> |-<br /> |[[153.12 General Services|EPG 153.12 General Services]]|||[[153.13 Highway Safety|EPG 153.13 Highway Safety]]<br /> |-<br /> |[[153.14 Human Resources|EPG 153.14 Human Resources]]|||[[153.15 Information Systems|EPG 153.15 Information Systems]]<br /> |-<br /> |[[153.16 Maintenance|EPG 153.16 Maintenance]]|||[[153.17 Medical Board Employee Benefits|EPG 153.17 Medical Board Employee Benefits]]<br /> |-<br /> |[[153.18 Motor Carrier Services|EPG 153.18 Motor Carrier Services]]|||[[153.19 Multimodal|EPG 153.19 Multimodal]]<br /> |-<br /> |[[153.20 Right of Way|EPG 153.20 Right of Way]]|||[[153.21 Traffic|EPG 153.21 Traffic]]<br /> |-<br /> |[[153.22 Transportation Planning|EPG 153.22 Transportation Planning]]|||[[153.23 Utility|EPG 153.23 Utility]]<br /> |}<br /> <br /> ==153.3 Retention Schedule==<br /> <br /> The executed agreement should not be kept longer than specified in the [[media:153.3 Retention.xls|Retention Schedule]]. [http://sharepoint/facilitation/CT/FS_Arch/default.aspx Financial Services] is the custodian of the Retention Schedule. All agreements in the eAgreements SharePoint site will be retained according to the Retention Schedule and automatically purged according to the Retention Schedule.</div>

Hallej1 https://epgtest3.modot.org/index.php?title=Job_Special_Provisions&diff=52452 2023-04-10T14:29:57Z

<p>Hallej1: </p> <hr /> <div>{| class=&quot;wikitable wikitable mw-collapsible mw-collapsed sortable&quot; <br /> |+ class=&quot;nowrap&quot; style=&quot;font-size:1.5em; text-align:left;&quot; | Provision<br /> |- <br /> ! Name !! JSP Title !! Explanatory Notes !! Current Version !! Revision Date<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP-Formatting-Guide.docx JSP Formatting Guide] || _Roadway Job Special Provision Formatting Instructions || This format is to be used by all when writing provisions in order to create uniformity in project proposals. || JSP_Format_Guide || 4/3/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP_Roadway_Template.docx JSP_Roadway_Template] || _Roadway Job Special Provision Template || This template is to be used for Roadway Job Special Provisions. Choose the appropriate signature block and provide the necessary provisions according to the template provided. || Template || 11/30/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0607.docx JSP0607] || 3 - or 4 - Strand High Tension Guard Cable || This provision should be used when high tension guard cable is specified. || JSP-06-07D || 11/3/2021 <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9314.docx JSP9314] || Accelerating the Completion of Closure Work (Incentive/Disincentive Clause) || This provision is commonly known as A+B bidding. || JSP-93-14C || 12/5/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1001.docx JSP1001] || ADA Compliance and Final Acceptance Of Constructed Facilities || This provision is required on all projects with sidewalks or curb ramps. || JSP-10-01C || 1/23/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1203.docx JSP1203] || Add Alternate Section (Per Project) || || JSP-12-03A || 7/14/2016<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1602.docx JSP1602] || Adjusting Guardrail || For minor routes only. This provision is to be used when the substandard height guardrail will be raised to a minimum of 27 3/4&quot;. Repair of guardrail should be addressed with separate pay items. || JSP-16-02A || 4/19/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1509.docx JSP1509] || Airport Requirements || This provision is for use on projects near a public use airport or heliport or is more than 200 feet above existing ground level. || JSP-15-09 || 7/9/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9604.docx JSP9604] || Alternate for Pavements || This provision should be used for projects with 7,500 SY of continuous full depth pavement or 14,000 SY of full depth pavement at various locations. || JSP-96-04G || 1/4/2017<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0905.docx JSP0905] || Alternates for Slab Stabilization || This provision should be used when slab stabilization operations are included in the contract to define the bidding requirements of the different materials for this type of work. || JSP-09-05 || 10/21/2009<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2001.docx NJSP2001] || Balanced Mix Design Performance Testing * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-20-01C || 8/31/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2108.docx NJSP2108] || Balanced Mix Design Performance Testing for Job Mix Approval * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-21-08|| 11/17/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9327.docx JSP9327] || Changeable Message Sign (Commission Furnished) || || JSP-93-27 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1805.docx NJSP1805] || Class VI Riprap * || * Limited Use. This provision is a revised Spec to better align with the need we have when rock much larger than the Rock Blanket Spec is needed. Contact Bridge Division &amp; Construction and Materials Division prior to use. || NJSP-18-05B || 6/20/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2102.docx NJSP2102] || Clean Water Act Section 404 Permit Requirements * || * Limited Use. For use by Design Division - Environmental Section only, as they will add this provision to the RES for required projects. || NJSP-21-02 || 1/15/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0415.docx JSP0415] || Concrete Planing || This provision is to be used when concrete planing is specified. &lt;/br&gt; If there are questions on whether concrete planing should be included on a specific project, Construction and Materials Division should be consulted. || JSP-04-15 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1301.docx JSP1301] || Contract Liquidated Damages || This provision is required on all projects except Job Order Contracts and must be provision &quot;B&quot; in the set of provisions. || JSP-13-01B || 4/1/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0106.docx JSP0106] || Contractor Furnished/Commission Retained Temporary Type F Concrete Traffic Barrier || This provision should only be used when the district decides to retain contractor furnished barrier sections. If the district does not specifically intend to retain barrier sections, Sec 617 of the standard specifications covers Concrete Traffic Barrier. || JSP-01-06 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1542.docx NJSP1542] || Contractor Quality Control || This provision is required on all projects EXCEPT for JOCs and projects with Quality Management provision. || NJSP-15-42 || 4/20/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1521.docx NJSP1521] || Contractor Quality Control For Plant Mix Bituminous Surface Leveling || Required when project includes bid item 402-05.20 - Bituminous Pavement Mixture PG64-22 (Surface Leveling). QM or QC provisions are required when other types of asphalt or concrete paving are in a project. || NJSP-15-21A || 10/6/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9908.docx JSP9908] || Demolition and Removal Contract || Must be included in demolition and removal contracts when MoDOT doesn't have possession of all parcels or an asbestos survey are not completed on all structures, prior to letting. NTP must be issued. || JSP-99-08 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1505.docx JSP1505] || Disposition of Existing Signal/Lighting and Network Equipment || To be used when signal/lighting or communication is to be removed by the contractor and retained by the commission. || JSP-15-05A || 5/1/2017<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9706.docx JSP9706] || Division 100 Revisions for Complex Projects || This provision is used on complex projects and those with major bridge work as determined by the State Design Engineer. Per 105.16 and 108.4 additional detail documentation is required. A+B Bidding (JSP-93-14) should not be used with this provision. || JSP-97-06 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1607.docx JSP1607] || Dynamic Late Merge Sysytem (Zipper Merge) || || JSP-16-07A || 12/10/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1905.docx NJSP1905] || Electronic Ticketing * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-19-05B || 4/9/2020<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9011.docx JSP9011] || Emergency Provisions and Incident Management || This provision is required on all projects and provides contact information for the local law enforcement and fire departments. || JSP-90-11A || 4/19/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2201.docx NJSP2201] || Full Depth Reclamation * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-22-01A || 3/14/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0902.docx JSP0902] || General - Federal || This provision is required in all federally funded contracts. || JSP-09-02H || 4/21/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0903.docx JSP0903] || General - State || This provision is required in all state funded contracts. || JSP-09-03H || 4/21/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0904.docx JSP0904] || General - State Non-Prevailing Wages || Use this provision on any state funded non-construction project. || JSP-09-04H || 4/21/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0401.docx JSP0401] || Geosynthetic Interlayer Specification for Highway Applications * || *Limited use. Only as Approved by Construction and Materials Division. &lt;/br&gt; The Geosynthetic Interlayer Specification is designed to provide a moisture barrier/stress relieving membrane to be placed beneath a hot-mix asphalt (HMA) Overlay. || JSP-04-01 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9709.docx JSP9709] || Geosynthetic Reinforced Soil Slope System || || JSP-97-09 || 5/20/2011<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1702.docx JSP1702] || Guardrail Grading Requirements || This provision is for use on projects that require grading for guardrail and end treatment replacements. || JSP-17-02B || 4/19/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2202.docx JSP2202] || Guardrail Posts in Concrete || Use this provision when guardrail posts are installed or removed from concrete pavement or drain basins. || JSP-22-02 || 11/30/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1513.docx NJSP1513] || High Friction Surface Treatment || || NJSP-15-13B || 9/22/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9704.docx JSP9704] || High Performance Concrete for Precast Bridge Units || || JSP-97-04 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1903.docx NJSP1903] || Hot Applied Seal Coat * || *Limited use. Requires approval from by Construction and Materials Division || NJSP-19-03 || 6/20/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0202.docx JSP0202] || Hot-Mix Asphalt Overlay on Rubblized Concrete * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || JSP-02-02 || 10/9/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1808.docx NJSP1808] || Intelligent Compaction - Surface Leveling * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-18-10 || 10/1/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1810.docx NJSP1810] || Intelligent Compaction * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-18-08C || 7/8/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP8901.docx JSP8901] || Johnson Grass Control || || JSP-89-01 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1503.docx JSP1503] || Law Enforcement In The Workzone || For use on projects which will include workzone enforcement. || JSP-15-03 || 3/17/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0305.docx JSP0305] || Liquidated Damages / Liquidated Savings Specified || This provision is for use to motivate the contractor to complete the work in a specific time frame as set up by the District. The description of the work should be complete and directly related to the Damage/Savings amount set up. || JSP-03-05A || 6/11/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0417.docx JSP0417] || Liquidated Damages for Winter Months || This provision should be used on projects where the primary work can be performed during the winter months, such as bridge construction. || JSP-04-17A || 4/30/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9328.docx JSP9328] || Liquidated Damages Specified || This provision should be used when there is milestone date that must be met such as opening the road to traffic before a special event in the area. || JSP-93-28 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0306.docx JSP0306] || Liquidated Savings Specified || For use to motivate the contractor to complete the work in a specific time frame as set up by the District. Ensure that the description of the work in question is complete as possible and directly related to the Damage/Savings amount set up. || JSP-03-06A || 6/11/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2101.docx NJSP2101] || Low Type Asphalt Requirements * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-21-01A || 7/26/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1515.docx NJSP1515] || Low-Tracking or Non-Tracking Tack Coat || This provision may be used on roadways located within an urban area where tracking from the tack coat operation would lead to aesthetic damage to the surrounding commercial driveways and parking lots. || NJSP-15-15H || 8/2/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2201.docx JSP2201] || Lump Sum Temporary Traffic Control || This provision allows qualifying temporary traffic control devices to be lumped together. || JSP-22-01 || 11/21/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1704.docx NJSP1704] || Macrotexture Surface for Ultrathin Bonded Asphalt Wearing Surface Requirement * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-17-04A || 11/17/2017<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0413.docx JSP0413] || Masonry Construction || || JSP-04-13 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1539.docx NJSP1539] || Modified Bituminous Pavement Mixture (BP-2) || Allows districts to use modify BP-2 gradation to be laid thinner than 1.5 or 2&quot; || NJSP-15-39A || 9/23/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1511.docx NJSP1511] || Modified Bonded Asphaltic Concrete Pavement * || * Limited Use. Requires approval from Construction and Materials prior to use. || NJSP-15-11C || 11/12/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1806.docx JSP1806] || MoDOT Retained Guardrail || Use this provision when MoDOT wishes to retain guardrail that is being removed. || JSP-18-06 || 6/12/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1517.docx NJSP1517] || MoDOT’S Construction Workforce Program || Required for all projects listed on the Construction Workforce Program Project List. &lt;/br&gt; Contact PM for details. || JSP-15-17A || 8/19/2016<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0011.docx JSP0011] || Mowing || Use this provision on projects requiring significant mowing during construction. District Maintenance should identify projects, mowing locations and No. of mowings. If only for specific areas, those areas need to be identified in the special provision. || JSP-00-11 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2202.docx NJSP2202] || Multi-Year, Multi-Location Project || This provision should only be used in proposals that have one Job Number for multiple overlay routes (locations) and the completion date is such that work is allowed to carry over into a second calendar year. || NJSP-22-02 || 4/20/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0004.docx JSP0004] || NEMA TS2 Traffic Controller Assemblies || This provision is to be used only in special conditions after consulting with District Traffic and as directed or approved by General Headquarters. || JSP-00-04A || 5/24/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2105.docx NJSP2105] || No Open Burning || This provision should be used when open burning is prohibited. || NJSP-21-05 || 6/9/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1802.docx JSP1802] || Notice to Bidders of Funding by Third Party || This provision is required on any project with funding provided by others. || JSP-18-02A || 5/21/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9819.docx JSP9819] || Notice to Bidders of Third Party Concurrence in Award || This provision is required on any project with funding provided by others in which they have the right by agreement to concur in the award of the contract. || JSP-98-19 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0407.docx JSP0407] || Office for the Engineer || This provision resulted from implementation of the Performance Specifications. Was Sec 615 of the specs. || JSP-04-07 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1518.docx NJSP1518] || Optional Grading Concepts || || NJSP-15-18 || 3/20/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0606.docx JSP0606] || Optional Pavements || This provision should be used for projects which do not meet the criteria for Alt Pavements, specifically those with less than 7,500 SY of continuous full depth pavement or less than 14,000 SY of full depth pavement at various locations. || JSP-06-06H || 9/23/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1303.docx JSP1303] || Optional Shoulder || Use this provision on shouldering projects that will allow for a concrete option when bituminous asphalt is specified. || JSP-13-03A || 9/29/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1533.docx NJSP1533] || Optional Surface Treatment Prior to Asphalt Overlay * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-15-33D || 3/28/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1807.docx NJSP1807] || Optional Temporary Pavement Marking Paint || Use this provision and pay item with all overlay projects that have more than five (5) centerline miles of pavement requiring High Build Waterborne paint AND has a contract completion date of November 1 or later. || NJSP-18-07D || 5/19/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0709.docx JSP0709] || Optional Traffic Signal Detectors || To be used when Optional Traffic Signal Detectors are specified. || JSP-07-09 || 1/3/2011<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0409.docx JSP0409] || Overhead Lighting of Signs || When lighting of overhead signs is required on a project, the following information along with special sheet “ Sign Lighting – Lighting Support Bracket” shall be inserted in the contract documents. || JSP-04-09 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1901.docx NJSP1901] || Partial Depth Concrete Pavement Repair Using Hot Applied Polymer Modified Repair Material *|| * Limited Use. Requires approval by Construction and Materials Division prior to use. || NJSP-19-01A || 10/4/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1705.docx NJSP1705] || Pavement Smoothness for UBAWS * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-17-05A || 4/23/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1809.docx NJSP1809] || Paver-Mounted Thermal Profiles * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-18-09B || 7/8/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1540.docx NJSP1540] || Permanent Aggregate Edge Treatment || May be used when treatment along the edge of a pavement or shoulder is included in an overlay project. Sec 2.1 is only for areas prone to washout. When 2.1 is used, pay item and quantity for 413-40.00, Bituminous Fog Seal, per gallon must be included. || NJSP-15-40B || 2/3/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0408.docx JSP0408] || Placing State Owned Pipe || This provision resulted from implementation of the Performance Specifications. Was Sec 729 of the specs. || JSP-04-08 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1904.docx NJSP1904] || Polyester Polymer Concrete Overlay * ||* Limited use. Requires approval from Construction and Materials Division prior to use. || NJSP-19-04 || 9/13/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1601.docx JSP1601] || Post-Award Value Engineering Change Proposal Workshop * || * Limited use. Requires approval from Design Division prior to use. || JSP-16-01 || 1/8/2016<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0406.docx JSP0406] || Powder Coating * || * Limited use. Requires approval from Construction and Materials Division prior to use. || JSP-04-06 || 10/9/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1609.docx JSP1609] || Prime Contractor Requirements || Requires the BCS Engineer's approval to use this JSP. || JSP-16-09 || 7/14/2016<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9605.docx JSP9605] || Project Contact for Contractor/Bidder Questions || This provision is required on all projects. || JSP-96-05 || 4/19/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0708.docx JSP0708] || Protective Surface Treatment for Concrete - Penetrating Sealers * || * Limited use. Requires approval from Construction and Materials Division prior to use. || JSP-07-08B || 12/6/2016<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1522.docx NJSP1522] || Quality Management || This provision is required on all projects identified as complex by the district. || NJSP-15-22 || 7/1/2014<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2106.docx NJSP2106] || Radar Speed Advisory System || This provision should be used when Radar Speed Advisory System is specified. || NJSP-21-06 || 6/11/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0210.docx JSP0210] || Rapid Set Concrete Patching Material - Horizontal Repair || Formerly JSP-02-01A renamed to follow JSP numbering formatting. || JSP-02-10 || 1/3/2011<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0201.docx JSP0201] || Rapid Set Concrete Patching Material - Vertical and Overhead Repairs || || JSP-02-01|| 8/14/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1902.docx NJSP1902] || Rapid Strength Concrete for Pavement Repair * || *Limited use. Requires approval from Construction and Materials Division prior to use. || NJSP-19-02 || 6/20/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1710.docx NJSP1710] || Red Signal Ahead Sign With LED Light || This provision should be used when placing a red signal ahead sign with an attached LED assembly. || NJSP-17-10A || 2/21/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1706.docx NJSP1706] || Reinforcing Fibers for Bituminous Pavement Material * || * Limited Use. Requires approval from Construction and Materials Division prior to use; ADSR Test Methods Document required with Electronic Deliverables. || NJSP-17-06C || 8/1/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1523.docx NJSP1523] || Rejuvenating Restorative Seal Treatment * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-15-23 || 2/1/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9806.docx JSP9806] || Relocation of Portable Traffic Signal System || || JSP-98-06 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1201.docx JSP1201] || Removal and Delivery of Existing Signs || Use this provision when any existing roadway signs are to be removed from the project. || JSP-12-01B || 7/12/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1701.docx JSP1701] || Required Combination of Calls || This provision is used when required projects with separate funding (ie: state funded and federal funded) projects are to be combined. || JSP-17-01 || 5/1/2017<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1606.docx NJSP1606] || Restrictions for Migratory Birds || Use of this provision should be coordinated with Design Division - Environmental Section. || NJSP-06-06A || 4/11/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1811.docx NJSP1811] || Rigid Geogrid Enhanced Aggregate or Rock Base * || * Limited Use. The intent of this provision is to use rigid geogrid with either a Type 5 or 7 Aggregate Base or with Rock Base (12” or 18”) as shown on the plans. Requires approval from Construction and Materials prior to use. || NJSP-18-11B || 3/12/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1508.docx JSP1508] || Seal Coat Completion of Work || To be used in Seal Coat projects which span multiple seasons. || JSP-15-08 || 6/26/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9705.docx JSP9705] || Section 404 Nationwide Permit Special Conditions || This provision is to be used with any Nationwide Permit when the Corps of Eng. District Engineer places special conditions on the use of the NW Permit. List any special conditions provided in the letter from the Corps authorizing use of the NW Permit. || JSP-97-05 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2003.docx NJSP2003] || Shaping Slopes Class III (Modified Material Requirements) || Use when additional stability is needed for erosion and/or lack of stability of Shaping Slopes Class III with steep in-slopes. || NJSP-20-03B || 1/6/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1527.docx NJSP1527] || Shoulder Grading || || NJSP-15-27A || 1/27/2017<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0605.docx JSP0605] || Slurry and Residue Produced During Surface Treatment of PCCP and Bridge Decks || This provision should be used where diamond grinding or any other surface treatment that would produce slurry residue is specified. Any questions regarding the use of this provision should be directed to the Design Division - Environmental Section. || JSP-06-05A || 1/23/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0707.docx JSP0707] || Snowplowable Raised Pavement Marker Rehabilitation or Removal || This provision should be use when maintenance of SRPMs is included in a project. || JSP-07-07 || 8/7/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2107.docx JSP2107] || Special Consideration of Change Orders and Value Engineering || Use this provision when increased Federal Share has been approved by FHWA for an innovative technology or practice. || JSP-21-07 || 6/21/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1506.docx JSP1506] || Standard Alternate Technical Concepts || To be used on projects using the Standard ATC process which allows prequalified contractors to bid contractor specific bid items through the approval process. || JSP-15-06 || 5/26/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1801.docx JSP1801] || Supplemental Revisions || This provision is required in all contracts. || JSP-18-01X || 11/30/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1528.docx NJSP1528] || Surface Sealing Treatment || May be used on mainline pavement with an existing chip seal surface, on centerline joints, and on shoulder areas. This rescinds earlier guidance. &lt;/br&gt; Use with pay item 4099905, surface sealing treatment. || NJSP-15-28 || 2/22/2017<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1304.docx JSP1304] || Temporary Long Term Rumble Strips || Required when temporary long-term rumble strips are used on a project. Provides information for construction requirements, material information and basis of payment when using long term rumble strips on construction projects. || JSP-13-04C || 5/30/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0705.docx JSP0705] || Tree Clearing Restriction * || * Limited Use. Design Division - Environmental Section should be consulted prior to using this provision. || JSP-07-05B || 2/9/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0410.docx JSP0410] || Use of Crossovers and Truck Entrances || || JSP-04-10 || 4/24/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9326.docx JSP9326] || Utilities || || JSP-93-26F || 12/1/2016<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2203.docx JSP2203] || Void Reducing Asphalt Membrane for Longitudinal Joints (VRAM) || Use when MoDOT wishes to enhance longitudinal joint performance. Contact Construction &amp; Materials Division for additional information. || JSP-22-03 || 11/30/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1507.docx JSP1507] || Winter Months Requirements || To be used for overlay projects that span multiple construction seasons. Developed for the CLC program. || JSP-15-07A || 4/30/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1532.docx NJSP1532] || Work Zone Intelligent Transportation System || || NJSP-15-32 || 3/20/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0206.docx JSP0206] || Work Zone Traffic Management || This provision is required on all projects and must be provision &quot;C&quot; in the set of provisions. || JSP-02-06M || 7/6/2022<br /> |}<br /> <br /> {| class=&quot;wikitable wikitable mw-collapsible mw-collapsed sortable&quot;<br /> |+ class=&quot;nowrap&quot; style=&quot;font-size:1.5em; text-align:left;&quot; | LPA<br /> |- <br /> ! Name !! JSP Title !! Current Version !! Revision Date<br /> |- <br /> | [https://epg.modot.org/forms/JSP/LPA1501.docx LPA1501] || Acceptance of Precast Concrete Members and Panels || LPA-15-01 || <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1502.docx LPA1502] || Acceptance of Structural Steel || LPA-15-02 || <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1507.docx LPA1507] || ADA Compliance and Final Acceptance of Constructed Facilities || LPA-15-07A || 2/9/2023 <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1503.docx LPA1503] || Add Alternates || LPA-15-03 || 8/19/2013<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1504.docx LPA1504] || Alternates For Pavements || LPA-15-04 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1505.doc LPA1505] || Guidelines for Obtaining Environmental Clearance for Project Specific Locations || LPA-15-05 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1509.doc LPA1509] || Liquidated Damages For Winter Months || LPA-15-09 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1510.docx LPA1510] || Liquidated Damages Specified for Entrance Closures || LPA-15-10 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1508.doc LPA1508] || Liquidated Damages Specified for Final Closeout Documentation (Final Payment Documents) || LPA-15-08 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1808.docx LPA1808] || LPA Buy America Requirements || LPA-18-08 || 2/10/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1511.doc LPA1511] || Optional Pavements || LPA-15-11 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1506.doc LPA1506] || Safety Requirements || LPA-15-06 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1513.doc LPA1513] || Utilities || LPA-15-13 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1512.doc LPA1512] || Work Zone Traffic Management Plan (Traffic Control) || LPA-15-12 ||<br /> |}<br /> <br /> {| class=&quot;wikitable wikitable mw-collapsible mw-collapsed sortable&quot;<br /> |+ class=&quot;nowrap&quot; style=&quot;font-size:1.5em; text-align:left;&quot; | JSP Packages<br /> |-<br /> ! Name !! JSP Title !! Explanatory Notes !! Revision Date<br /> |-<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_ASPHALT_2023.docx JOC_ASPHALT_2023] || Asphalt Pavement Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 12/13/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_BRIDGE_2023.docx JOC_BRIDGE_2023] || Bridge Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 12/13/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/CLC_Book_Job_JSPs.docx CLC Book Job JSPs] || CLC Book Job JSPs || Use this JSP package when submitting FY 2023 CLC Book Job projects without plans. || 5/16/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/CLC_JSPs.doc CLC_JSPs] || CLC JSP Package || Use this JSP package on FY 2023 CLC projects. || 5/16/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_CONCRETE_2023.docx JOC_CONCRETE_2023] || Concrete Pavement Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 12/13/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_FENCE_2023.docx JOC_FENCE_2023] || Fence JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 12/13/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_GUARD_CABLE_2023.docx JOC_GUARD_CABLE_2023] || Guard Cable Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 12/13/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_GUARDRAIL_2023.docx JOC_GUARDRAIL_2023] || Guardrail Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 1/19/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/Seal_Coat_Book_Job_JSPs.doc Seal_Coat_Book_Job_JSPs] || Seal Coat Book Job JSP Package || Use this JSP package when submitting FY 2023 Seal Coat Book Job projects without plans. || 5/16/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/Seal_Coat_JSPs.doc Seal_Coat_JSPs] || Seal Coat JSP Package || Use this JSP package with all FY 2023 Seal Coat projects. || 5/16/2022<br /> |}</div>

Hallej1 https://epgtest3.modot.org/index.php?title=Category:108_Prosecution_and_Progress&diff=52350 2023-02-28T20:00:35Z

<p>Hallej1: /* 108.11 Termination of Contract for Convenience of the Commission */ errata- change left-over to leftover</p> <hr /> <div>[[image:108.jpg|right|425px]]<br /> It is the responsibility of the contractor to furnish adequate forces for meeting specified project schedules as well as quality requirements. The Resident Engineer should bring unsatisfactory progress to the contractor's attention in writing. Send copies of such letters to the District Engineer and Construction &amp; Materials. If the contractor fails to respond in keeping with the intent of [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 108], the matter must be brought immediately to the attention of the district office and the Division of [http://sp/sites/cm/Pages/default.aspx Construction and Materials].<br /> <br /> This article also discusses critical and key [[:category:108 Prosecution and Progress#108.16 Project Dates|project dates]] and [[:category:108 Prosecution and Progress#108.7.1 Extensions or Adjustments of Time|extensions or adjustments of time]] when progress is adversely affected by items beyond a contractor’s control. <br /> <br /> ==108.1 Subletting of Contract (for Sec 108.1)==<br /> <br /> The prime contractor is obligated to do a specified portion of the work, as indicated in [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 108.1.1]. Any exception to this clause of the contract must be approved by the Division of [http://sharepoint/systemdelivery/cm/Pages/default.aspx Construction and Materials] and a change order must be issued to establish the revised terms. <br /> <br /> Specifications permit the contractor to utilize approved subcontractors to perform up to 60 per cent of the work under subcontract agreement. The Commission is not a party to the subcontract agreement, but holds final approval on all subcontract requests. <br /> <br /> ===108.1.1 Review and Approval of a Subcontract Request ===<br /> <br /> When a contractor desires to sublet a portion of the work, the request will be submitted to the resident engineer on [https://epg.modot.org/forms/CM/Request_to_Subcontract_C_220.pdf Request to Subcontract Work (Form C-220)]. The resident engineer, or a designee assigned by the District Construction Engineer, shall perform the following review on all subcontract requests:<br /> <br /> :'''1.''' Check all information on the header for accuracy and determine if the request a) involves a 2&lt;sup&gt;nd&lt;/sup&gt; tier relationship, b) is for a DBE subcontractor, or c) includes any line item with a unit price or quantity that differs from the contract. If any of those three situations apply, then the request must include the subcontract agreement between the prime and the sub. For 2&lt;sup&gt;nd&lt;/sup&gt; tier requests, the agreement between the 1&lt;sup&gt;st&lt;/sup&gt; and 2&lt;sup&gt;nd&lt;/sup&gt; tier subcontractor should also be submitted.<br /> &lt;div id=&quot;2. For DBE requests,&quot;&gt;&lt;/div&gt;<br /> :'''2.''' For DBE requests, verify that the unit price and quantity matches what is on the DBE Identification Submittal Form. For more information on DBE requests, refer to the article on DBE Subcontracting. If additional DBE subcontractors, suppliers, manufacturers or brokers are proposed by the prime contractor after the project commences, the engineer should work with the contractor to complete the [https://epg.modot.org/forms/CM/DBE_Substitution_Form.pdf “DBE Termination, Substitution or Additional Request” form] so that the total utilization of DBEs can be accounted for on the project towards MoDOT’s overall statewide DBE goal attainment. In addition, any added DBEs need to be evaluated for CUF.<br /> <br /> :'''3.''' The Line No. and Description should be as shown in the contract. If the Quantity and Subcontracted Unit Price differ from the values in the contract, ensure they match what is in the subcontract agreement between the prime and sub. This is necessary since the total percent sublet is determined by subcontracted prices and quantity of the 1&lt;sup&gt;st&lt;/sup&gt; tier subcontracts. <br /> <br /> :'''4.''' Verify that all 1st tier requests include all work they plan to perform, as well as all work they plan to sublet to a 2&lt;sup&gt;nd&lt;/sup&gt; tier sub. The 2&lt;sup&gt;nd&lt;/sup&gt; tier request will only list items the 2&lt;sup&gt;nd&lt;/sup&gt; tier plans to perform. See [[#108.1.2 Second Tier Subcontracting|EPG 108.1.2 Second Tier Subcontracting]] and [[#108.1.3 Disadvantaged Business Enterprises (DBE) Subcontracting|EPG 108.1.3 Disadvantaged Business Enterprise Subcontracting]] for more information.<br /> &lt;div id=&quot;5.&quot;&gt;&lt;/div&gt;<br /> :'''5.''' Verify that the requested subcontractor is on the approved Subcontractor List on the [https://www.modot.org/bid-opening-info Bid Opening Info page] under the Documents section and is qualified as a DBE (if the DBE box is checked) on the [https://www6.modot.mo.gov/MRCC/Home/PublicSearch MRCC directory page]. Refer unapproved subcontractors to the [https://www.modot.org/perform-subcontracting-work Perform Subcontracting Work webpage]. If the requested subcontractor is performing a Professional Service, refer to [[#108.1.4 Professional Service|EPG 108.1.4 Professional Service]]. <br /> <br /> :'''6.''' For Federal Aid projects, verify that the subcontract request is accompanied with a completed Subcontractor Certification Regarding Affirmative Action form, and a document listing the name, address, and telephone number of the subcontractor's EEO Officer on the subcontractor’s letterhead.<br /> <br /> :'''7.''' Confirm the request has been signed by an authorized representative of the prime contractor.<br /> <br /> :'''8.''' [http://www.fhwa.dot.gov/programadmin/contracts/index.cfm FHWA 1273] (required federal contract provisions) is included in all federal aid contracts, and it is the prime contractor’s responsibility to ensure that all subcontract agreements also include a copy of FHWA 1273. The reviewer should perform a random check on the submitted subcontract agreements to help ensure the prime is meeting this requirement.<br /> <br /> :'''9.''' If all information is correct and all requirements are met, promptly enter the subcontract information into AASHTOWARE Project (AWP). Verify that the subcontract limit has not been exceeded (A pop-up notice will occur in AWP). Apply the MoDOT approval signature to the form. Save the approved subcontract request electronically according to current policy, with an electronic copy sent to the contractor as an attachment to an email.<br /> <br /> :'''10.''' If any of the information on the form is incorrect, or if approval cannot be granted for any reason, the contractor should be notified immediately with an explanation so they can correct the form or take other actions to proceed without delay.<br /> <br /> Once the subcontract request is approved and work begins, work performed by the subcontractor will be recorded in AWP daily on the Daily Work Reports (DWR) work items tab, with the subcontractor designated on the contractor line.<br /> <br /> ====Subletting Limitation====<br /> The self-perform requirement for prime contractors is set at a minimum of 40% by specification. The federal requirement for prime contractor self-perform work is 30%. The reason MoDOT has a higher requirement is to discourage project brokering. Project brokering is when a large contractor low bids numerous projects and then subcontracts the work to local contractors at a lower price. This practice reduces competition which is detrimental to MoDOT and our small contractors. <br /> <br /> However, there are circumstances whereby the nature of the work the 40% self-perform requirement is not practical. For example, if a project is comprised of 50% bridges and 50% roadway work, the bridge contractors may bid as the prime and subcontract the roadway work. Alternately, the roadway contractor may bid as a prime and subcontract the bridge work. The project may have a 15% DBE goal and some specialty work items are typically not performed by a prime contractor. So, from this example the most that one of these bidders can self-perform is 35%. The only way to achieve 40% self-perform is to have the prime put the subcontractor’s workers on their payroll or for the prime to purchase all the materials for the subcontractors. Neither of these options are beneficial to MoDOT or the contractor. So, the core teams should look at the nature of the work and if warranted can lower the requirement to 30% by JSP. A non-standard JSP is available to lower the requirement to 30%.<br /> <br /> It may have not been obvious when the project was being developed that the self-perform requirement should have been lowered. In this situation the 40% requirement may be reduced to 30% by change order. The Resident Engineer should carefully review the nature of the work and circumstances of what work cannot be readily self-performed. The Construction and Materials Liaison should be consulted and concur on the self-perform requirement being lowered. The change order language to be used is as follows:<br /> <br /> :“This change order hereby deletes the limitation in Sec 108.1.1 that requires the contractor to self-perform no less than 40 percent of the total contract cost. In lieu of this requirement, the contractor shall self-perform no less than 30 percent of the total original contract price, as stated in the contract under FHWA-1273.<br /> <br /> :This change is being made at the contractor’s request in order to give the subcontractors the flexibility to include the cost of materials in the work they perform. This change also benefits the Commission as it simplifies internal processes for materials inspection and testing yet retains the FHWA limit on subcontracting.”<br /> <br /> ===108.1.2 Second Tier Subcontracting===<br /> <br /> Upon approval from the prime contractor, subcontractors may sublet a portion of their assigned work to another subcontractor. This relationship is called “2&lt;sup&gt;nd&lt;/sup&gt; tier subcontracting”. A separate C-220, submitted by the prime, is required for 2&lt;sup&gt;nd&lt;/sup&gt; tier subcontract requests. The contractor shall disclose the name of the 1&lt;sup&gt;st&lt;/sup&gt; tier subcontractor on the form. <br /> <br /> The C-220 for the 1&lt;sup&gt;st&lt;/sup&gt; tier subcontractor should list all of the work items they plan to perform, as well as all work they plan to sublet to their second tier subcontractors. The quantity and unit price for each line shall be that designated in the subcontract agreement between the prime contractor and the first tier subcontractor. The C-220 for the 2&lt;sup&gt;nd&lt;/sup&gt; tier subcontract work lists only the work the 2&lt;sup&gt;nd&lt;/sup&gt; tier sub will perform, and shows the quantity and price from the subcontract agreement between the 1&lt;sup&gt;st&lt;/sup&gt; and 2&lt;sup&gt;nd&lt;/sup&gt; tier subcontractors.<br /> <br /> AWP will use the total of all work sublet to 1st tier subcontractors to determine the total percent sublet. The total for the 2&lt;sup&gt;nd&lt;/sup&gt; tier work will not be included in that calculation since 2&lt;sup&gt;nd&lt;/sup&gt; tier work is already included in the 1&lt;sup&gt;st&lt;/sup&gt; tier total.<br /> <br /> ===108.1.3 Disadvantaged Business Enterprises (DBE) Subcontracting===<br /> <br /> Note that compliance with Sec 108.1.1 and DBE goals are distinctly separate issues and are based on different requirements, as stated in this article. Most contracts with federal participation include a goal for the amount of work to be awarded to [http://www.modot.org/business/contractor_resources/External_Civil_Rights/DBE_program.htm disadvantaged business enterprises (DBE)]. At the time of bid, all bidders are required to list on the [https://www.modot.org/sites/default/files/documents/101_DBE_Identification_Submittal_Form.pdf DBE Identification Submittal Form] all proposed DBE subcontractors, suppliers and haulers to be used on that contract, including the amount for each line item on each subcontract. If the totals do not meet or exceed the goal, the bidder must document all good faith efforts to meet the goal. After award of the contract, MoDOT's [http://sharepoint/systemdelivery/ec/Pages/default.aspx External Civil Rights Division] must approve any change to the DBE commitment. In addition, all bidders must submit the [https://epg.modot.org/forms/CM/DBE_and_non_DBE_Subcontractor_Reporting_Form.pdf DBE and Non-DBE Subcontractor Reporting Form]. The DBE and Non-DBE Subcontractor Reporting Form will be due by the last day of the month of the letting being reported.<br /> &lt;div id=&quot;Once a project is awarded,&quot;&gt;&lt;/div&gt;<br /> Once a project is awarded, the contractor must submit a Request to Subcontract Work on Form C-220 to the RE for all DBE subcontractors listed on the DBE Identification Submittal Form with the bid. There may be changes proposed with a C-220 that require ECR pre-approval and others that do not. If additional DBE subcontractors, suppliers, manufacturers or brokers are proposed by the prime contractor after the project commences, the engineer should work with the contractor to complete the [https://www.modot.org/sites/default/files/documents/DBE_Substitution_Form_0.pdf DBE Termination, Substitution or Additional Request form] so that the total utilization of DBEs can be accounted for on the project towards MoDOT’s overall statewide DBE goal attainment. In addition, any added DBEs need to be evaluated for CUF. <br /> <br /> The following are items that require ECR approval:<br /> :* Contractor proposes to eliminate one or more DBEs initially committed on the DBE submittal form,<br /> :* Contractor proposes a reduction in the quantities for DBE firms initially committed on the DBE submittal form,<br /> :* If DBEs are working in a 2&lt;sup&gt;nd&lt;/sup&gt; tier capacity.<br /> <br /> The following are items that do not require ECR approval:<br /> :* Propose additional DBE’s beyond the DBE firms initially committed on the DBE submittal form,<br /> :* Increased quantities for DBE’s from what was originally committed on the DBE submittal form.<br /> <br /> Additional work items can be added to any DBE subcontractor, and additional DBE subcontractors can be utilized for other work items, but no DBE work disclosed on the DBE Identification Submittal Form can be changed without approval from MoDOT's External Civil Rights division.<br /> <br /> Any work subcontracted from a 1&lt;sup&gt;st&lt;/sup&gt; tier DBE contractor to a 2&lt;sup&gt;nd&lt;/sup&gt; tier non-DBE contractor will not count towards the DBE contract goal.<br /> <br /> Compliance with the DBE goal is determined by the amounts shown on the subcontract agreement between the prime contractor and the DBE subcontractor, and later verified by the actual amount paid to that DBE once the work is complete.<br /> <br /> ===108.1.4 Professional Service===<br /> <br /> Contractors sometimes hire a Professional Service to perform a support function to one or more line items of work. Use of a Professional Service does not typically require submittal of Form C-220, unless the work is directly tied to a contract line item. For example, Surveying/Staking is considered a Professional Service that does require a Form C-220 when there is a contract line item for that work. When the Surveying/Staking is considered incidental, no Form C-220 is required. The contractor or subcontractor utilizing a Professional Service is responsible for providing insurance coverage for this work if the Professional Service does not have sufficient coverage. Some professional service work may not require registration as a subcontractor. See [https://epg.modot.org/index.php?title=Category:110_State_and_Federal_Wage_Rates_and_Other_Requirements#110.3_Prevailing_Wages_and_Records_.28Guidance_for_Sec_110.3.29 EPG 110.3 Prevailing Wages and Records] for more information on Professional Services.<br /> <br /> ====Professional Service Contract Labor====<br /> Contractors sometimes hire a company to provide trade workers for their workforce. These companies charge a fee to the contractor for providing workers and they pay the workers directly. This is permissible. Since the contract is for workforce and not contracting to perform line item work there is no subcontract required. Insurance for the workers would be covered under the contractor hiring them. The workers would fall under the prevailing wage rate. Their rate of pay for prevailing wage rate is what the worker receives and not what the contractor is paying for their services. Therefore the mark up paid to the labor supplier cannot be used as part of the prevailing wage rate determination. The workers would be paid by the company supplying the worker. So the payroll from that company is what is submitted to the Resident Engineer. It should be submitted along with the prime or subcontractors payroll and not separately.<br /> <br /> ===108.1.5 Rental Equipment===<br /> <br /> Sometimes the contractor will rent equipment from other contractors to perform work on the project. To avoid the possibility of unauthorized subcontracting, the payroll should be checked to confirm that the contractor is paying the wages of operators and supervision. Checking may also be accomplished during routine labor interviews by determining who pays the operator's wages. The findings of such checking procedures should be noted in the project DWR. In lieu of such checking, the resident engineer may accept a written statement over the contractor's signature that all operators and supervisors are carried on the contractor's payroll. These procedures are not necessary for equipment rented from recognized rental agencies that are not also in the highway construction business. Further explanation of Owner Operator can be found in [https://epg.modot.org/index.php?title=Category:110_State_and_Federal_Wage_Rates_and_Other_Requirements#110.3_Prevailing_Wages_and_Records_.28Guidance_for_Sec_110.3.29 EPG 110.3 Prevailing Wages and Records]. <br /> <br /> ===108.1.6 Termination of a Subcontract===<br /> <br /> Occasionally it becomes necessary for the contractor to terminate a subcontract. The Commission recognizes cancellation of previously approved subcontracts when the contractor provides: <br /> <br /> :a. A statement over the signatures of the contractor and the subcontractor that they have mutually agreed to cancel the subcontract, or <br /> <br /> :b. A certified copy of the contractor's written notice to the subcontractor of cancellation for cause. <br /> <br /> After a subcontract has been cancelled, the percentages of work sublet to date should be adjusted. The work involved in the canceled subcontract quite often is proposed to be sublet again. If condition (a) or (b), above, has been met, the proposal should then be handled as a normal request for approval of subcontract. <br /> <br /> If the contractor requests replacement of a DBE subcontractor, approval must first be obtained from the External Civil Rights Division. <br /> <br /> If any subcontractor is replaced for any reason, the existing subcontract item(s) of work for that subcontractor are removed from AWP. Remarks indicating the reason for the revision are included in the record. No revision of the original C-220 is required. The new subcontractor shall be added using the normal C-220 subcontract process documenting the items of work to be performed.<br /> <br /> ==108.2 Notice to Proceed (for Sec 108.2)==<br /> [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 108.2] provides information on notice to proceed. Early notice to proceed may be granted with the approval of the Division of Construction and Materials.<br /> <br /> ==108.3 Prosecution of Work==<br /> [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 108.3] provides information on prosecution of work. <br /> <br /> ==108.4 Progress Schedules==<br /> Refer to [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 108.4] for information on progress schedules. <br /> <br /> ==108.5 Labor, Methods and Equipment==<br /> [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 108.5] provides information on labor, methods and equipment.<br /> <br /> ==108.6 Temporary Suspension of Work==<br /> Refer to [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 108.6] for information on temporary suspension of work. <br /> <br /> ==108.7 Contract Time for Completion of the Work==<br /> [[image:108.2.1.jpg|right|450px]]<br /> ===108.7.1 Extensions or Adjustments of Time===<br /> <br /> [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 108.7] provides a basis for granting adjustments, suspensions or extensions of time when progress is adversely affected by items beyond the contractor's control. Sec. 108.7.1 covers extensions of time for calendar day or calendar date contracts and refers to weighted time tables on file in the office of the Commission. Weighted timetables (for contracts with and without time exclusions) and examples of proper use are shown in [[:Category:108 Prosecution and Progress#108.7.2 Table for Contracts with No Time Exclusion|Tables 108.7.2]] and [[:Category:108 Prosecution and Progress#108.7.3 Table for Contracts with Time Exclusion|108.7.3]] and [[:Category:108 Prosecution and Progress#108.7.4 Examples|EPG 108.7.4 Examples]].<br /> <br /> Such requests should be evaluated by the [[:category:105 Control of Work#105.9 Authority and Duties of Resident Engineer (Sec 105.9)|resident engineer]] and sent to the District Engineer along with a detailed study and recommendation. The district may discuss the request with [http://sp/sites/cm/Pages/default.aspx Construction &amp; Materials] before rendering a decision. Requests from the contractor for major adjustments, suspensions, or extensions of time require thorough study by the resident engineer. In many cases the basis for the request is not subject to a clear-cut policy decision.<br /> <br /> It is necessary that these procedures be followed to ensure uniform administration of the liquidated damage provisions of our contracts.<br /> <br /> When it is not possible to grant the contractor's request, a thorough report should be sent to Construction &amp; Materials to recover liquidated damages.<br /> <br /> ====108.7.1.1 Assessment of Liquidated Damages and Exceptions====<br /> {|style=&quot;padding: 0.3em; margin-left:7px; border:2px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;435px&quot; align=&quot;right&quot; <br /> |-<br /> |'''[http://sp/sites/CM/FormServerTemplates/Liquidated_Damages_Guidance.pdf Guidance for Assessment of Liquidated Damages''']<br /> |}<br /> Contract time for project completion should be administered in accordance with [https://www.modot.org/missouri-standard-specifications-highway-construction#page=4 Sec 108.7] as well as all applicable job special provisions. At a minimum, all contracts should have a JSP for Contract Liquidated Damages that identifies the time limits along with penalties for both Road User Costs and Contract Administrative Costs. A [http://sp/sites/CM/FormServerTemplates/Liquidated_Damages_Guidance.pdf guide for assessment of liquidated damages] is available.<br /> <br /> Contract time for specific milestone events, such as a road closure, should be administered as specified in the contract Liquidated Damages Specified JSP for that event. Sec 108.7 does not apply to specific milestone events, therefore, liquidated damages are generally charged 7 days/week with no waivers for weekends and holidays. Refer to the terms in the contract Liquidated Damages Specified JSP and administer accordingly. <br /> <br /> Measurement of contract time for project completion ends when the contractor completes all work, including all corrections listed on the Semi-Final Inspection Form (C-236). The RE sometimes lists “exceptions” on the form. Exceptions are tasks or acceptance periods that are contractually allowed to occur after the contract completion date without penalty. For a list of common exceptions, refer to [[:Category:105 Control of Work#105.15.1.2 Exceptions|EPG 105.15.1.2 Exceptions]]. Some exceptions may require a date range attached to the task. For example, removal of the Point of Presence signs should be done approximately 90 days after the semi-final inspection, so the RE should specify a two-week period for the POP sign removal, approximately 90 days out. As that date approaches, the RE should remind the contractor of the looming deadline to remove the signs to avoid having the count of time reinstated and damages assessed.<br /> <br /> More details are available in the following Quick Reference Guides: [[:Category:101 Standard Forms#CO Milestones|Milestones]] and [[:Category:101 Standard Forms#CO Contract Times|Contract Times]].<br /> <br /> ====108.7.1.2 Consideration of Time Extensions or Suspensions====<br /> <br /> Contractors are presumed to have made provisions in their bids for any anticipated delays in procurement of materials. Contract time extensions or suspension of working days should not be based on unsupported claims of delays in delivery of materials. Consideration may be given to delays caused by unusual market conditions such as an industry-wide strike, natural disaster, or area-wide shortage that arises after award of the contract and prevents procurement of materials within the allowable time for contract completion. It will be necessary to evaluate any claim for time extension based on material shortages to determine if the delays were, in fact, beyond the control of the contractor or the fabricator.<br /> <br /> ====108.7.1.3 Progress Schedules====<br /> Per [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 108.4], the contractor is required to provide the Resident Engineer with an initial Progress Schedule prior to or at the pre-construction meeting. The request for the initial schedule is included in the [https://epg.modot.org/forms/CM/PreCon_Letter_Federal.pdf Pre Con Letter-Federal] and [https://epg.modot.org/forms/CM/PreCon_Letter_State.pdf Pre Con Letter-State]. Contracts are generally set up as Completion Day or Completion Date projects; however, there may be some rare instances where a contract will be set up as a Working Day project. Regardless of the method of contract time, the progress schedule shall include an activities bar chart showing the major items of work throughout the life of the project. The initial Progress Schedule is very critical in establishing the basis for the planned work and should account for all limitations that are known at that point in time. It should be thoroughly reviewed for compliance with Sec 108.4, should demonstrate continuous prosecution of the work, achievement of any required milestones and indicate overall project completion within the allotted time. Acceptance of the initial Progress Schedule, and all subsequent progress schedules, will be made by the Resident Engineer.<br /> <br /> Once the initial schedule is accepted, if the work plan changes or the contractor falls significantly behind schedule, the Resident Engineer should require a revised schedule be submitted in accordance with Sec 108.4.2.1 and Sec 108.4.4. The revised schedule should clearly show a plan to ensure project completion within the allowable time. Likewise, should an excusable delay occur, the RE should issue the appropriate time adjustment change order and require a revised schedule.<br /> <br /> If progress towards completion within the allowable time is in jeopardy, and the cause is due to inexcusable failures by the contractor (see common failures below), a letter should be submitted to the contractor, with a copy to the surety, informing them of the possibility of being declared in default of the contract if the contractor does not proceed with a remedy within ten days of the notice. The State Construction and Materials Engineer should be informed of this notice. If after ten days the contractor has not adequately proceeded with a remedy, the State Construction and Materials Engineer will work with the district and the Chief Counsel’s office to determine the next course of action, which may include declaring the contractor to be in default.<br /> <br /> Common contractor failures that could affect schedule and lead to Default of Contract:<br /> <br /> :1. Failure to mobilize and begin work on time.<br /> :2. Failure to provide sufficient resources (workers and/or equipment) to maintain sufficient progress.<br /> :3. Unacceptable work that requires extensive time to repair or replace.<br /> :4. Contractor delay caused by a refusal to remedy work deemed unacceptable.<br /> :5. Contractor vacates project or discontinues work on the major operation.<br /> :6. Contractor fails to return to the project in a reasonable time following a stoppage of work.<br /> :7. A stoppage of work is issued for non-compliance with a contract requirement.<br /> :8. A federal and or state legal action taken against the contractor.<br /> <br /> =====Two-Week Schedule=====<br /> In addition to maintaining a current project Progress Schedule, each week the contractor is required to provide the Resident Engineer with a dynamic two-week look-ahead schedule. This two-week schedule is the basis (i.e. agenda) for discussion at the weekly progress meetings. It provides current details that are important in planning and scheduling resources over the following days, including upcoming traffic control changes and inspection resources. This schedule is very important for coordination efforts. It can be in any format acceptable to the RE, but should not be waived except during planned pauses or low activity levels in the work and the RE agrees it is not necessary.<br /> <br /> ===108.7.2 Table for Contracts with No Time Exclusion===<br /> {| border=&quot;1&quot; class=&quot;wikitable&quot; style=&quot;text-align:center&quot;<br /> |+&lt;center&gt;'''Table 108.7.2 Weighted Time Table for Contracts with No Time Exclusion (to be used with EPG 108.7.4)'''&lt;/center&gt;<br /> ! style=&quot;background:#BEBEBE&quot; width=&quot;65&quot;|Day !! style=&quot;background:#BEBEBE&quot;|January !! style=&quot;background:#BEBEBE&quot;|February !! style=&quot;background:#BEBEBE&quot; width=&quot;65&quot;|March !! style=&quot;background:#BEBEBE&quot; width=&quot;65&quot;|April !! style=&quot;background:#BEBEBE&quot; width=&quot;65&quot;|May !! style=&quot;background:#BEBEBE&quot; width=&quot;65&quot;|June!! style=&quot;background:#BEBEBE&quot; width=&quot;65&quot;|July!! style=&quot;background:#BEBEBE&quot;|August !! style=&quot;background:#BEBEBE&quot;|September !! style=&quot;background:#BEBEBE&quot;|October !! style=&quot;background:#BEBEBE&quot;|November !! style=&quot;background:#BEBEBE&quot;|December<br /> |-<br /> |'''1'''|| 0|| 32|| 88|| 154|| 244|| 356|| 487|| 614|| 738|| 834|| 919|| 978<br /> |-<br /> |''' 2'''|| 1|| 34|| 90|| 157||247|| 360 ||492 ||618|| 742|| 837|| 921|| 979<br /> |-<br /> |''' 3''' ||2||36|| 92||160||250 ||364 ||497 ||622 ||746|| 840 ||923|| 980<br /> |-<br /> |''' 4''' ||3 ||38|| 94|| 163|| 253|| 368|| 497|| 626|| 750|| 843|| 925|| 981 <br /> |-<br /> |'''5'''|| 4|| 40|| 96|| 166|| 256|| 372|| 502|| 630|| 754|| 846|| 927|| 982<br /> |-<br /> |''' 6'''|| 5|| 42|| 98|| 169|| 259|| 376|| 507 ||634|| 758|| 849|| 929 ||983<br /> |-<br /> |''' 7'''|| 6|| 44|| 100 ||172|| 262|| 380|| 512|| 638 ||762|| 852|| 931|| 984<br /> |-<br /> |''' 8''' ||7|| 46 ||102 ||175 ||265|| 384|| 517|| 642|| 765 ||855|| 933|| 985 <br /> |-<br /> |'''9 '''||8 ||48||104 ||178 ||268|| 388|| 522|| 646|| 768|| 858 ||935|| 986<br /> |-<br /> |''' 10'''|| 9|| 50|| 106 ||181 ||271 ||392 ||526|| 650 ||771|| 861 ||937|| 987<br /> |-<br /> |'''11'''|| 10 ||52|| 108|| 184|| 274|| 396|| 530|| 654|| 774 ||864|| 939|| 988<br /> |-<br /> |'''12'''|| 11 ||54 ||110 ||187|| 277|| 400|| 534|| 658|| 777|| 867|| 941|| 989<br /> |-<br /> |''' 13'''||12|| 56 ||112 ||190|| 280 ||404|| 538|| 662|| 780|| 870|| 943|| 990 <br /> |-<br /> |'''14''' ||13 ||58 ||114|| 193|| 284 ||408|| 542|| 666|| 783|| 873|| 945|| 991 <br /> |-<br /> |'''15''' ||14|| 60 ||116|| 196|| 288 ||412|| 546|| 670|| 786 ||876|| 947|| 992<br /> |-<br /> |''' 16'''|| 15 ||62 ||118|| 199|| 292 ||416|| 550|| 674|| 789|| 879 ||949|| 993<br /> |-<br /> |''' 17'''|| 16 ||64|| 120|| 202 ||296|| 420 ||554|| 678|| 792|| 882 ||951|| 994<br /> |-<br /> |''' 18'''|| 17|| 66|| 122 ||205 ||300|| 424|| 558|| 682|| 795|| 885|| 953|| 995<br /> |-<br /> |''' 19''' ||18|| 68|| 124|| 208|| 304|| 428|| 562|| 686|| 798 ||888|| 955|| 996<br /> |-<br /> |''' 20'''|| 19|| 70|| 126 ||211 ||308 ||432|| 566|| 690 ||801|| 891|| 957|| 997<br /> |-<br /> |''' 21'''|| 20|| 72|| 128|| 214||312 ||437|| 570|| 694 ||804|| 894|| 959|| 998<br /> |-<br /> |''' 22'''|| 21|| 74|| 130|| 217||316|| 442|| 574|| 698 ||807|| 897|| 961|| 999<br /> |-<br /> |''' 23''' ||22 ||76|| 132 ||220|| 320|| 447|| 578|| 702|| 810 ||900 ||963|| 1000 <br /> |-<br /> |'''24''' ||23|| 78 ||134|| 223 ||324|| 452 ||582|| 706 ||813|| 903|| 965|| 1000<br /> |-<br /> |''' 25'''|| 24|| 80 ||136|| 226 ||328|| 457||586 ||710|| 816|| 905|| 967 ||1000 <br /> |-<br /> |'''26''' ||25|| 82||138|| 229 ||332 ||462|| 590|| 714|| 819||907|| 969|| 1000<br /> |-<br /> |''' 27'''|| 26 ||84|| 140 ||232 ||336|| 467 ||594 ||718 ||822|| 909|| 971|| 1000 <br /> |-<br /> |'''28'''|| 27|| 86|| 142|| 235|| 340|| 472|| 598|| 722 ||825 ||911 ||973 ||1000<br /> |-<br /> |''' 29''' ||28|| 86 ||145 ||238 ||344 ||477|| 602|| 726|| 828|| 913 ||975|| 1000 <br /> |-<br /> |'''30''' ||29 || ||148|| 241|| 348|| 482 ||606|| 730|| 831|| 915 ||977|| 1000<br /> |-<br /> |'''31'''|| 30|| || 151|| || 352|| || 610 ||734 || ||917|| || 1000<br /> |}<br /> <br /> ===108.7.3 Table for Contracts with Time Exclusion===<br /> <br /> {| border=&quot;1&quot; class=&quot;wikitable&quot; style=&quot;text-align:center&quot;<br /> |+&lt;center&gt;'''Table 108.7.3 Weighted Time Table for Contracts with Time Exclusion, as of 5/10/2006 (to be used with EPG 108.7.4)'''&lt;/center&gt;<br /> ! style=&quot;background:#BEBEBE&quot;|Day !! style=&quot;background:#BEBEBE&quot; width=&quot;82&quot;|March !! style=&quot;background:#BEBEBE&quot; width=&quot;82&quot;|April !! style=&quot;background:#BEBEBE&quot; width=&quot;82&quot;|May !! style=&quot;background:#BEBEBE&quot; width=&quot;82&quot;|June!! style=&quot;background:#BEBEBE&quot; width=&quot;82&quot;|July!! style=&quot;background:#BEBEBE&quot; width=&quot;82&quot;|August !! style=&quot;background:#BEBEBE&quot;|September !! style=&quot;background:#BEBEBE&quot;|October !! style=&quot;background:#BEBEBE&quot;|November !! style=&quot;background:#BEBEBE&quot;|December<br /> |-<br /> |'''1'''|| ||24 ||102 ||198|| 316|| 457 ||610 ||758|| 887 ||971<br /> |-<br /> |''' 2''' || ||26|| 105|| 202 ||321|| 462 ||615|| 763|| 890|| 974<br /> |-<br /> |''' 3'''|| || 28|| 108|| 205|| 325|| 466 ||620|| 767|| 893|| 977<br /> |-<br /> |''' 4'''|| ||30|| 111|| 209|| 330|| 471|| 625|| 771|| 895|| 980 <br /> |-<br /> |'''5'''|| || 32 ||114 ||213|| 334 ||476|| 630|| 776 ||898|| 983 <br /> |-<br /> |'''6'''|| || 34 ||117 ||217|| 339 ||480|| 635|| 780|| 901 ||985 <br /> |-<br /> |'''7'''|| || 36 ||120 ||221||343|| 485 ||640|| 784|| 904 ||987 <br /> |-<br /> |'''8'''|| || 38 ||123 ||225 ||348 ||490||645|| 789 ||906 ||989 <br /> |-<br /> |'''9'''|| || 40 ||126|| 229 ||352|| 495|| 650 ||793 ||909|| 991 <br /> |-<br /> |'''10'''|| || 42 ||129|| 233 ||357 ||500 ||655||797 ||912|| 993 <br /> |-<br /> |'''11'''|| || 44 ||132||236 ||361 ||505|| 660|| 802|| 915|| 995 <br /> |-<br /> |'''12''' || || 46|| 135 ||240|| 366 ||510|| 665||806 ||917|| 997 <br /> |-<br /> |'''13'''|| || 49 ||138||244 ||370 ||515|| 670||810|| 920|| 999 <br /> |-<br /> |'''14''' || || 52|| 141|| 248 ||375|| 520 ||675|| 815 ||923 ||1000 <br /> |-<br /> |'''15'''|| 0|| 54 ||144 ||252 ||379|| 525|| 680 ||819 ||926 || <br /> |-<br /> |'''16'''|| 1||57|| 147 ||256 ||384 ||530|| 685|| 823|| 928|| <br /> |-<br /> |'''17'''|| 2 ||60 ||150|| 260 ||388 ||535|| 690|| 827 ||931 || <br /> |-<br /> |'''18'''|| 3 ||63|| 153 ||264 ||393 ||540 ||695 ||832 ||934 || <br /> |-<br /> |'''19'''|| 4 ||66|| 156 ||268 ||397|| 545|| 700|| 836 ||937 || <br /> |-<br /> |'''20''' ||5 ||69 ||159|| 272 ||402|| 550 ||705|| 840 ||940 || <br /> |-<br /> |'''21''' ||6 ||72||162 ||276 ||406 ||555 ||710|| 844 ||942 || <br /> |-<br /> |'''22''' ||7 ||75|| 165 ||280||411 ||560|| 715 ||848 ||945 || <br /> |-<br /> |'''23'''|| 8 ||78|| 168||284|| 415 ||565 ||720|| 852|| 948 || <br /> |-<br /> |'''24''' ||9 ||81|| 171|| 288|| 420|| 570 ||724 ||856|| 951 || <br /> |-<br /> |'''25''' ||10 ||84|| 174 ||292|| 424|| 575|| 729 ||860||954 || <br /> |-<br /> |'''26''' ||12 ||87|| 177 ||296|| 429|| 580 ||734 ||864 ||957 || <br /> |-<br /> |'''27''' ||14|| 90|| 180 ||300|| 433 ||585|| 739 ||868|| 960 || <br /> |-<br /> |'''28''' ||16 ||93|| 183||304 ||438 ||590|| 744|| 872 ||963 || <br /> |-<br /> |'''29''' ||18 ||96 ||186 ||308|| 442 ||595|| 749|| 876|| 966 || <br /> |-<br /> |'''30'''|| 20 ||99 ||190||312|| 447|| 600|| 753|| 880 ||968 || <br /> |-<br /> |'''31'''|| 22|| ||194|| || 452|| 605|| || 884|| || <br /> |-<br /> |style=&quot;background:#BEBEBE&quot;|'''Monthly'''|| style=&quot;background:#BEBEBE&quot;|22 ||style=&quot;background:#BEBEBE&quot;|77||style=&quot;background:#BEBEBE&quot;| 95|| style=&quot;background:#BEBEBE&quot;|118||style=&quot;background:#BEBEBE&quot;| 140||style=&quot;background:#BEBEBE&quot;| 153 ||style=&quot;background:#BEBEBE&quot;|148|| style=&quot;background:#BEBEBE&quot;|131||style=&quot;background:#BEBEBE&quot;| 84|| style=&quot;background:#BEBEBE&quot;|32 <br /> |-<br /> |style=&quot;background:#BEBEBE&quot;|'''Cumulative''' ||style=&quot;background:#BEBEBE&quot;|22|| style=&quot;background:#BEBEBE&quot;|99||style=&quot;background:#BEBEBE&quot;|194 ||style=&quot;background:#BEBEBE&quot;|312 ||style=&quot;background:#BEBEBE&quot;|452||style=&quot;background:#BEBEBE&quot;|605|| style=&quot;background:#BEBEBE&quot;|753|| style=&quot;background:#BEBEBE&quot;|884|| style=&quot;background:#BEBEBE&quot;|968|| style=&quot;background:#BEBEBE&quot;|1000<br /> |}<br /> <br /> ===108.7.4 Examples===<br /> <br /> Five examples are provided, below.<br /> <br /> ====Example 1====<br /> <br /> Assume the following: <br /> Project costs overrun 2.6%. Contract completion date – September 1. Notice to proceed date – May 5. No time will be charged December 15 to March 15. <br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |From weighted time table: || <br /> |-<br /> |Completion date Sept. 1 ||610 Units<br /> |-<br /> |Notice to Proceed May 5 || &lt;u&gt;-114 Units&lt;/u&gt; <br /> |-<br /> |Total Contract Units for Project ||496 Units <br /> |-<br /> | ||<br /> |-<br /> |<br /> |-<br /> |496 * 2.6% = 12.9 (Adjustment for Overrun), so use 13 Units ||<br /> |-<br /> | ||<br /> |-<br /> |Contract Completion Sept. 1 ||610 Units <br /> |-<br /> |Added time due to overrun ||&lt;u&gt;+ 13 Units&lt;/u&gt; <br /> |-<br /> |Revised completion date units|| 623 Units<br /> |-<br /> |colspan=&quot;2&quot;|&lt;center&gt;'''So, from table the revised completion date is September 4.'''&lt;/center&gt; <br /> |}<br /> <br /> ====Example 2====<br /> <br /> Assume the following: <br /> Contract completion date – December 1. Project was delayed from July 10 through August 5. No time will be charged December 15 to March 15. <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |From weighted time table: || ||<br /> |-<br /> | Completion date Dec. 1 || ||971 Units<br /> |-<br /> |Units at August 5|| 476 Units|| <br /> |-<br /> |Units at July 10 || &lt;u&gt;-357 Units&lt;/u&gt; ||<br /> |-<br /> |Units during delay || 119 Units||<br /> |-<br /> | || || &lt;u&gt;+ 119 Units&lt;/u&gt;<br /> |-<br /> |Revised completion date units|| || 1090 Units<br /> |-<br /> |colspan=&quot;3&quot;|&lt;center&gt;'''So from table, the revised completion date is April 27.'''&lt;/center&gt; <br /> |}<br /> <br /> ====Example 3====<br /> <br /> Assume the following: <br /> Project costs overrun 2.6%. Contract completion date – September 1. Notice to proceed date – May 5. Time will be charged December 15 to March 15. <br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |From weighted time table: || <br /> |-<br /> |Completion date Sept. 1 ||738 Units<br /> |-<br /> |Notice to Proceed May 5 || &lt;u&gt;-256 Units&lt;/u&gt;<br /> |-<br /> |<br /> |-<br /> |Total Contract Units for Project|| 482 Units<br /> |-<br /> |<br /> |-<br /> |482 * 2.6% = 13.9 (Adjustment for Overrun), so use 14 Units||<br /> |-<br /> |<br /> |-<br /> |Contract Completion Sept. 1|| 738 Units <br /> |-<br /> |Added time due to overrun || &lt;u&gt;+ 14 Units&lt;/u&gt;<br /> |-<br /> |Revised completion date units|| 752 Units<br /> |-<br /> |colspan=&quot;2&quot;|&lt;center&gt;'''So from table, the revised completion date is September 5.'''&lt;/center&gt; <br /> |}<br /> <br /> ====Example 4====<br /> <br /> Assume the following: <br /> Contract completion date – December 1. Project was delayed from July 5 through August 5. Time will be charged December 15 to March 15. <br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |From weighted time table: || <br /> |-<br /> |Completion date Dec. 1|| || 978 Units<br /> |-<br /> |Units at August 5|| 630 Units ||<br /> |-<br /> |Units at July 5|| &lt;u&gt;-502 Units&lt;/u&gt; ||<br /> |-<br /> |Units during delay ||128 Units ||<br /> |-<br /> | || ||&lt;u&gt;+ 128 Units&lt;/u&gt;<br /> |-<br /> |Revised completion date units|| ||1106 Units<br /> |-<br /> | colspan=&quot;3&quot;|&lt;center&gt;'''So from table, the revised completion date is March 10'''&lt;/center&gt; <br /> |}<br /> <br /> ====Example 5====<br /> <br /> Assume the following:<br /> Project costs overrun 10%. Contract completion date – October 1. Notice to proceed date – March 5. Working days allowed = 10. Weighted time table units available for project = 60. No time will be charged December 15 to March 15. <br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot; width=&quot;400&quot; <br /> |-<br /> |From weighted time table: || <br /> |-<br /> |Total Contract Units for Project ||60 Units <br /> |-<br /> |60 * 10% = 6 (Adjustment for Overrun), so use 6 Units||<br /> |-<br /> |<br /> |-<br /> |Contract Completion Oct. 1|| 758 Units<br /> |-<br /> |Added time due to overrun|| &lt;u&gt;+ 6 Units&lt;/u&gt; <br /> |-<br /> |Revised completion date units|| 764 Units<br /> |-<br /> |colspan=&quot;2&quot;|&lt;center&gt;'''So from table, the revised completion date is October 3.'''&lt;/center&gt; <br /> |}<br /> [[image:108.2.jpg|center|725px]]<br /> <br /> ==108.8 Liquidated Damages for Failure or Delay in Completing Work on Time==<br /> <br /> Refer to [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 108.8] for information on liquidated damages. Instructions for handling milestone disincentives through AWP are provided in the [[:Category:101 Standard Forms#CO Milestones|AWP CO Milestones]].<br /> <br /> ==108.9 Signal and Lighting Malfunctions==<br /> <br /> Refer to [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 108.9]for information on signal and lighting malfunctions, and what to do when an emergency repair is required.<br /> <br /> ==108.10 Default of Contract ==<br /> <br /> [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 108.10] provides information on what constitutes a default of contract and related issues. <br /> <br /> ==108.11 Termination of Contract for Convenience of the Commission==<br /> <br /> Refer to [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 108.11] for information on the termination of a contract.<br /> <br /> '''Guidance for [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 108.11.2 Settlement Provisions] (Particularly Settlement for Leftover Material on a Construction Project)'''<br /> <br /> When contract pay items are eliminated from the contract, the Resident Engineer should notify the contractor in writing as soon as possible so that the contractor can stop any unnecessary material purchases. If the material is delivered prior to notification, use the following guidance to settle the cost of returning or purchasing the material. If the cost of the material is significant, consult with the District Construction Engineer to discuss whether this resolution is appropriate.<br /> <br /> :1. Request that the contractor make every effort to return the material to the supplier. We should avoid adding inventory items to MoDOT maintenance lots if at all possible. Make payment to the contractor for the shipping cost, return shipping cost, plus any restocking fee charged by the manufacturer. To this total, add an amount equal to 5% of the invoice cost of the material to cover the contractor's general overhead expenses.<br /> <br /> :2. If the manufacturer will not accept the return, a negotiated settlement with the contractor can be made so that the contractor retains the material at the salvage value.<br /> <br /> :3. If the material cannot be returned or retained by the contractor, purchase of the material can be made. Delivery of the material should be made to the local maintenance facility. For this option, payment should be made to the contractor for the invoice cost of the material, plus 5% for overhead, plus shipping cost, plus any cost incurred by the contractor for delivering the material to the maintenance lot.<br /> <br /> ==108.12 Notice to Contractor and Surety==<br /> <br /> Refer to [[:Category:152 Contactor Bonding Responsibilities|EPG 152 Contactor Bonding Responsibilities]] and [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 108.12] for information on notice to the contractor when a contract has been terminated or default has occured.<br /> <br /> ==108.13 Termination of Contract for Misconduct==<br /> <br /> Refer to [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 108.13] for information on termination of a contract for misconduct. <br /> <br /> ==108.14 Determination of Compensation and Contract Time Extension for Excusable, Noncompensable and Compensable Delays==<br /> <br /> Refer to [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 108.14] for information related to delays in completing the work. <br /> <br /> ==108.15 Suspension of Work Directed by the Engineer==<br /> Refer to [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 108.15] for information related to a suspension of work as directed by the engineer. <br /> <br /> ==108.16 Project Dates==<br /> [[image:108.1.jpg|right|400px]]<br /> Project dates are divided into two groups: Informational Dates and Contract Site Times. A [[media:239 Project Timeline example 2020.docx|sample project timeline]] includes most of the project dates.<br /> <br /> ===108.16.1 Informational Dates===<br /> Informational dates are defined by each agency using AWP (AASHTOWARE Project) and may be used for any purpose. MoDOT has decided to use these dates for tracking significant contract events and to facilitate the final plans process. <br /> <br /> The person(s) responsible for entering the Informational dates and their definitions follow, listed alphabetical order of abbreviation in AWP: <br /> <br /> :'''1. Acceptance Date (ACCEPT-DT)''' – This is the Final Acceptance date as confirmed and documented by the District Construction &amp; Materials Engineer (DCE) on the [https://epg.modot.org/forms/CM/Final_Acceptance_C_239.pdf Final Acceptance Report (C-239)]. The DCE makes Final Acceptance after receiving the Final Inspection notice from the RE and confirming that all requirements listed in [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 105.15.2] have been met. Final Acceptance should be made as soon as possible after receiving the final documentation from the contractor, but no later than the 30 day maximum allowed per [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 105.10.7]. The Final Acceptance date (Actual) is entered by the District Final Plans and Reports Processor.<br /> :'''2. 105 – Date Approved by DBE (ADBE)''' – The date the External Civil Rights Division (ECR) approved the final DBE participation of the project. The Actual date is populated by the ECR – CM Division.<br /> :'''3. Award Date (AWRD-DT)''' - The date of action of the Commission accepting the bid of the lowest responsible bidder for the work, subject to the execution and approval of a satisfactory contract therefore and bond to secure the performance thereof, and to such other conditions as may be specified or as required by law. The Actual date passes into AWP during contract transition from Preconstruction to Construction.<br /> :'''4. Contract Items Complete Date (CICM)''' – This will be the same date as the date of the Final Payment letter from the Financial Services office. The Actual Date is entered by the Final Plans Reviewer.<br /> :'''5. Contract Closed for CRLMS Date (CRLMS-DT)''' - This date represents the review and approval of the final DBE participation for a contract. Entry of this date is necessary for the project data to be reported on the DBE Uniform Report. The Actual date is populated by ECR - CM Division.<br /> :'''6. 050 Date Final Plans Received at HQ (DFPR)''' - The projected date for this field is populated by the District Final Plans and Reports processor immediately following Final Inspection. This date is 2 weeks after the projected date the plans are due in the District Office (per guidance in #8). After the district check of the final plans is complete, the DFP&amp;RP shall notify the Final Plans Reviewer by email that the project is ready for final review and processing. After confirming that all needed documents are present in eProjects, the Final Plans Reviewer will enter the Actual date into this record to indicate the plans have been received by central office.<br /> :'''7. Execution Date (EXEC)''' - The date that the contract has been signed by all parties and approved by the Chief Counsel's Office. The contractor has 15 days from award to return an executed contract for execution by the commission. The actual execution date can be more or less than 15 days after award based on the time the contractor takes to return the contract and the time for review and execution by the commission. The actual date for this record passes through at time of contract transition from Preconstruction to Construction.<br /> &lt;div id=&quot;8. Date of Final Inspection&quot;&gt;&lt;/div&gt;<br /> :'''8. Date of Final Inspection''' - See Sec 105.10.7 and [[:Category:105 Control of Work#105.15.1.4 Acceptance for Maintenance (Final Inspection)|EPG 105.15.1.4 Acceptance for Maintenance (Final Inspection)]] for detail on the Final Inspection. This is the date of the Final Inspection, which is when all corrections and [[:Category:105 Control of Work#105.15.1.2 Exceptions|exceptions]] are complete on the last remaining project to be finally inspected in the contract. This date is important since it will be pulled from AWP by Cognos and listed on the Final Acceptance form. (See QRG [http://epg.modot.mo.gov/forms/CM/AWP_CO_Contract_Times.doc AWP CO Contract Times]). The Final Inspection Date (Projected and Actual) is entered into AWP by the Project Office.<br /> :'''9. 060 Date Final Plans Check is Complete (FPC)''' - The Final Plans Reviewer will enter this Actual date after completing the review of the final plans and passing them for final payment.<br /> :'''10. 040 Date Final Plans Recvd at District (FPR)''' - The &lt;u&gt;Projected&lt;/u&gt; date that final plans should be completed by the project office is entered by the District Final Plans and Reports Processor immediately following Final Inspection. The projected date should be based on guidance in #8 above. After the project office completes the final plans, the RE shall notify the DFP&amp;RP by email that the project is complete and ready for review by the district. After confirming all final documents are present in eProjects, the DFP&amp;RP shall enter the &lt;u&gt;Actual&lt;/u&gt; date final plans were received by the district.<br /> :'''11. Letting Date (LETD)''' - The date on which bids for the project are accepted and opened publicly by MoDOT. Date passes into AWP during the transition from Preconstruction to Construction.<br /> :'''12. 030 Project Data ready for Matls Summary (MCF)''' - The Projected and Actual date is entered by the project office when the last change order is approved or when it is determined that the current contract quantities are final. The date is used to notify district materials personnel that the materials summary may be completed. <br /> :'''13. Notice to Proceed Date (NTP)''' - The date on or before which prosecution of the work is to begin. This date is specified in the contract and is generally about 60 days after letting. If the contractor does not begin work by this date, the count of working days begins on this date. If the contractor starts before this date, the count of working days begins when the contractor starts work. Date passes into AWP during transition from Preconstruction to Construction.<br /> :'''14. Open to Traffic Date (OPTF)''' – Leave this field blank except for special program projects that are designated by the Division to have the “opening” date documented. When required, this date serves as a measure of progress towards completion of the special program. ''Smooth Road Initiative'' and ''Focus on Bridges'' are examples of past programs that required tracking of the Open to Traffic date. The Division will let the REs know what programs require tracking and what parameters constitute the project as being “Open to Traffic”.<br /> :'''15. 110 Date Received from DBE (RDBE)''' - The Final Plans Reviewer enters this Actual date when the final plans are received from [https://modotgov.sharepoint.com/sites/ec External Civil Rights] after their review. <br /> :'''16. 095 Materials Summary Approved by HQ (SAH)''' – The Actual date is entered by the Division of Construction and Materials after the materials summary is approved.<br /> :'''17. 100 Date Sent to DBE (SDBE)''' – The Final Plans Reviewer enters this Actual date when the final plans are sent to [https://modotgov.sharepoint.com/sites/ec External Civil Rights] for their review.<br /> :'''18. 080 Materials Summary Submitted to HQ (SSH)''' - Actual date is entered by District Materials when the materials summary is completed, uploaded to eProjects and available for review by the Central Office.<br /> :'''19. Work Begin Date (WKBG-DT)''' - This is the actual date the contractor begins work and is used by AWP as the start date for the count of contract time. This date is entered by the Project Office.<br /> <br /> ===108.16.2 Contract Site Times===<br /> Contract Site Times are records of the overall contract time-related information specific to contract. There are three types of contract site time records: Available Time, Calendar Time and Completion Date. These records are used for both the Overall Contract Time and for Milestones associated with the contracts. For more detail on administration of Contract Time, reference the following QRGs: [https://epg.modot.org/forms/CM/AWP_CO_Contract_Times.doc AWP CO Contract Times] and [https://epg.modot.org/forms/CM/AWP_CO_3ChangeOrderTimeExtension.doc Change Order Time Extension].</div>

Hallej1 https://epgtest3.modot.org/index.php?title=Category:134_Engineering_Professional_Services&diff=52349 2023-02-28T16:40:38Z

<p>Hallej1: </p> <hr /> <div>{| style=&quot;margin: 1em auto 1em auto&quot; align=&quot;right&quot;<br /> |-<br /> |[[Image:EPSG pic.jpg|right|400px]]<br /> |-<br /> |<br /> {| style=&quot;padding: 0.3em; text-align: left; margin-left:9px; border: 2px solid #cccccc; font-size: 95%; background:#f5f5f5&quot; width=&quot;395px&quot; align=&quot;right&quot; <br /> |-<br /> |align=&quot;center&quot;|'''Helpful Links for Engineering Policy'''<br /> |-<br /> |[http://www.modot.org/business/consultant_resources/BridgeSpecialProvisions.htm Bridge Special Provisions]<br /> |-<br /> |[http://www.modot.org/business/consultant_resources/bridgestandards.htm Bridge Standard Drawings]<br /> |-<br /> |[http://www.modot.org/business/standards_and_specs/geopakstandards.htm GEOPAK and Microstation Drawing Standards]<br /> |-<br /> |[http://www.modot.org/business/consultant_resources/ProjectCostEstimation.htm Project Cost Estimation]<br /> |-<br /> |[[:Category:321 Geotechnical Engineering|EPG 321 Geotechnical Engineering]]<br /> |-<br /> |[https://gpsweb3.modot.mo.gov/ MoDOT GPS Reference Station Network]<br /> |-<br /> |[https://www.modot.org/sites/default/files/documents/design/lpa/lpabrochure04.17.13.pdf Engineering Consultant Services Brochure]<br /> |} <br /> |}<br /> <br /> <br /> ==134.1 Introduction==<br /> <br /> In order to deliver projects, there may be occasions when additional engineering professional services and expertise are needed for a variety of reasons. EPG 134 Engineering Professional Services is a guide for soliciting, selecting and managing consultant contracts. Professional services are defined under the federal law, The Brooks Act, 40 USC 1102. Most consulting services used by MoDOT are included in the federal description of professional services, therefore MoDOT must follow the federal guidelines outlined in the Brooks Act for soliciting and selecting a consultant. All documentation related to the professional services procurement must be stored in eProjects under the “DE Consultant Document” content type.<br /> <br /> ===134.1.1 Federal Law===<br /> The Brooks Act, [https://www.gpo.gov/fdsys/pkg/USCODE-2012-title40/html/USCODE-2012-title40-subtitleI-chap11.htm 40 USC 1101 – 1104], [https://www.law.cornell.edu/cfr/text/23/172.3 23 CFR 172.3] (Public Law 92-582, 1972) and regulation found in [https://www.law.cornell.edu/cfr/text/23/172.5 23CFR172.5] requires agencies to “promote open competition by advertising, ranking, selecting and negotiating contracts based on demonstrated competence and qualifications for the type of engineering and design services being procured, and at a fair and reasonable price.” &lt;u&gt;This requirement applies to all Federal-aid Highway Program projects where engineering or design-related services are procured to develop a construction project.&lt;/u&gt; This is commonly referred to as Qualifications Based Selection or QBS, meaning a firm is chosen based on qualifications and not price.<br /> <br /> ===134.1.2 State Law===<br /> Commonly referred to as the “Mini-Brooks Act”, the State of Missouri, in [https://revisor.mo.gov/main/OneChapter.aspx?chapter=8 sections 8.285 thru 8.291 RsMO], requires Qualification Based Selection (QBS) for all architectural, engineering and land surveying professional services and reflects the language contained in the federal legislation. &lt;u&gt;This requirement applies to ALL projects in Missouri regardless if it contains federal funds or not.&lt;/u&gt; However, federal laws supersede state laws if federal funds are used on a project. <br /> <br /> ===134.1.3 Consultant Qualification===<br /> {| style=&quot;padding: 0.3em; text-align: left; margin-left:9px; border: 2px solid #cccccc; font-size: 95%; background:#f5f5f5&quot; width=&quot;375px&quot; align=&quot;right&quot; <br /> |-<br /> |align=&quot;center&quot;|'''Forms and Figures'''<br /> |-<br /> |[[media:134.2.2 Jan 2020.docx|Fig. 134.2.2 Processing Standard Consultant Contracts Checklist]]<br /> |-<br /> |[[media:134.2.2.2 2019.docx|Fig. 134.2.2.2, Solicitation and Request Letter]]<br /> |-<br /> |[[media:134.2.2.5.1 May 2017.doc|Fig. 134.2.2.5.1, Consultant Rating Form]]<br /> |-<br /> |[https://epg.modot.org/forms/DE%202017%20Forms/LPA/134.2.2.5.2.doc Fig. 134.2.2.5.2, Consultant Selection Rating Summary]<br /> |-<br /> |[[media:134.2.2.5.3 Oct 2021.docx|Fig. 134.2.2.5.3, Consultant Selection Approval Letter]]<br /> |-<br /> |[[media:134.2.2.5.4 2021.docx|Fig. 134.2.2.5.4, District/Division Approval of Short List]] <br /> |-<br /> |[https://epg.modot.org/forms/DE%202017%20Forms/LPA/134.2.2.5.5.doc Fig. 134.2.2.5.5, Sample Criteria and Point Values for Rating Presentations/Interviews]<br /> |-<br /> |[[media:134.2.2.5.6 2016.docx|Fig. 134.2.2.5.6, Invitation to Present]]<br /> |-<br /> |[[media:134.2.2.5.7 2016.docx|Fig. 134.2.2.5.7, Sample Letter to Interview ]]<br /> |-<br /> |[[media:134.2.4 July 11 2017.doc|Fig. 134.2.4 Processing On-Call/MOU Consultant Contracts Checklist]] <br /> |-<br /> |[[media:134.3.1 2017.doc|Fig. 134.3.1, District Checklist for Reviewing Executed Consultant Contracts]]<br /> |-<br /> |[[media:134.3.2 2021.pdf|Fig. 134.3.2, MoDOT Allowable Profit Curve]]<br /> |-<br /> |[https://epg.modot.org/forms/DE%202017%20Forms/LPA/134.3.6.1.1%20Common%20Unallowable%20Costs.pdf Fig. 134.3.6.1.1, Common Unallowable Costs]<br /> |-<br /> |[https://epg.modot.org/forms/DE%202017%20Forms/LPA/134.3.6.1.2.pdf Fig. 134.3.6.1.2, Overhead Schedule Example ]<br /> |-<br /> |[[media:134.4.1 2022.docx|Fig. 134.4.1, PSC Approval to Execute Contract ]]<br /> |-<br /> |[[media:134.4.2 2016.docx|Fig. 134.4.2, Notice to Proceed (NTP) Letter ]] <br /> |-<br /> |[[media:134_5_1_1_2021.xlsx|Fig. 134.5.1.1, Blank Consultant Invoice ]]<br /> |-<br /> |[[media:134.5.1.2 July 31, 2012.docx|Fig. 134.5.1.2, MoDOT Consultant Invoice Checklist ]] <br /> |- <br /> |[[media:134.5.1.3 2020.xlsx|Fig. 134.5.1.3, Blank Consultant Invoice - Hourly Rate Contracts (only)]] <br /> |- <br /> |[[media:134.5.1.4.docx|Fig. 134.5.1.4, MoDOT Consultant Invoice Checklist - Hourly Rate Contracts (only)]] <br /> |-<br /> |[[media:134.5.1.5 Sept 2012.xlsx|Fig. 134.5.1.5, Example Invoice ]] <br /> |-<br /> |[[media:134.5.2 2017.docx|Fig. 134.5.2, PSC Approval to Execute Supplemental Agreement ]]<br /> |-<br /> |align=&quot;center&quot;|'''Additional Information'''<br /> |-<br /> |[[237.14 Electronic Design Data Delivery (BIM Deliverables)#237.14.4 Specifications of Electronic Design Data for Consultants and MoDOT|EPG 237.14.4 Specifications of Electronic Design Data for Consultants and MoDOT]]<br /> |}<br /> All &lt;u&gt;prime consultants&lt;/u&gt; must be prequalified to perform engineering services on any project. To become prequalified, consultant firms must submit the following: <br /> <br /> :1. Statement of Qualifications (SOQ) <br /> :2. Registered to conduct business in the State of Missouri (Certificate of Good Standing) and hold a Certificate of Authority with the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors and Professional Landscape Architects. (Note: A Certificate of Authority is not required for sole proprietorships or partnerships. It is only required if the firm is incorporated or registered as a limited liability company. For sole proprietorships and/or partnerships, individual professional license certificates must be submitted in lieu of the Certificate of Authority. In addition, the Certificate of Authority is not required for firms that do work outside the jurisdiction of the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors and Professional Landscape Architects.)<br /> :3. Current E-Verify MOU and E-Verify Affidavit <br /> ::* E-Verify MOU – one-time submittal<br /> ::* E-Verify Affidavit - yearly<br /> :4. Current Annual Financial Prequalification with MoDOT<br /> ::* Step-by-step [https://www.modot.org/consultant-prequalification instruction for becoming prequalified] and a [https://www.modot.org/consultant-prequalification-list list of pre-qualified consultant firms] can be found on [https://www.modot.org/design-related-consultant-services MoDOT's Consultant Services webpage]. <br /> ::* This annual financial prequalification is valid for one year.<br /> &lt;div id=&quot;5. MoDOT Bridge Consultants Only (Not required for LPA Consultants)&quot;&gt;&lt;/div&gt; <br /> :5. &lt;u&gt;MoDOT Bridge Consultants Only (Not required for LPA Consultants)&lt;/u&gt;): All bridge plans for MoDOT projects must be signed and sealed by a professional engineer from a prequalified firm for bridge design (with the firm’s logo shown in the title block of the bridge plans). For consultants who wish to become prequalified to perform bridge design, the consultant must submit a Bridge Experience Profile and a Personal Bridge Experience Record. These forms can be found on [https://www.modot.org/bridge-information MoDOT's Consultant Resources webpage] and must be updated every 3 years. In addition, the consultant must have a QA/QC plan on file with MoDOT which must be updated every 3 years. The prime consultant is not required to be prequalified for bridge design &lt;u&gt;unless&lt;/u&gt; the scope of work performed by their firm includes bridge design. For more information, please contact MoDOT's Bridge Division. <br /> <br /> The prequalification process complies with AASHTO guidelines published in the [https://audit.transportation.org/wp-content/uploads/sites/14/2019/08/UAAG-3-FINAL.pdf ''Uniform Audit &amp; Accounting Guide, 2012 Edition'']. This prequalification process ensures projects are in compliance with state and federal regulations. <br /> <br /> The prequalification is only required for prime consultants. Subconsultants are strongly encouraged to become prequalified in order to reduce repetitive paperwork for future projects. For more information on subconsultant requirements see [[#134.3.5 Subconsultants|EPG 134.3.5 Subconsultants]].<br /> <br /> For prequalification requirements for LPA consultants, see [[136.4 Consultant Selection and Consultant Contract Management|EPG 136.4.1.5 Consultant Qualification]].<br /> &lt;div id=&quot;Non-Profit and Governmental Indirect Cost Rate Requirements&quot;&gt;&lt;/div&gt;<br /> <br /> '''Non-Profit and Governmental Indirect Cost Rate Requirements'''<br /> <br /> In order to claim indirect costs for grant reimbursement, each such sub-recipient is required to annually submit a signed cost allocation plan for review and acceptance by MoDOT. The rate must be audited by an independent certified public accountant (CPA) firm with experience in preparing cost allocation plans for non-profit or governmental organizations in accordance with [http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl 2 Code of Federal Regulations (CFR) 200]. <br /> <br /> Compliance with 2 CFR 200 requires MoDOT to review the following documents: <br /> <br /> :1. Cost allocation plan<br /> :2. Organization chart<br /> :3. Employee time sheet sample showing allocation of direct and indirect labor hours<br /> :4. Audited schedules of indirect costs and fringe benefits<br /> :5. Audited, reviewed or compiled financial statements<br /> :6. Certification of indirect costs<br /> :7. Listing of grants/contracts with MoDOT<br /> <br /> ===134.1.4 Conflict of Interest===<br /> A conflict of interest occurs when a consultant has a financial or personal interest in a project.<br /> <br /> MoDOT evaluates the following on a case-by-case basis<br /> :1. Whether or not a conflict of interest exists<br /> :2. Whether or not the conflict of interest can be avoided or neutralized <br /> :3. The appropriate steps to avoid or neutralize conflict of interest in evaluating the above, MoDOT uses the following in making such determinations.<br /> :* Section 105.452 RSMo 2000 and Section 105.454 RSMo. 2005 are general conflict of interest statutes applicable to all state officials and employees including MHTC members and MoDOT employees. These statutes prohibit actual conflicts of interest including, but not limited to:<br /> ::* favorably acting or refraining from acting on any matter or using decision making authority to obtain financial gain (§105.452(1), (4) and (5) RSMo. 2000);<br /> ::* disclosing and/or using confidential information obtained in his/her official capacity in any matter with the intent to result in financial gain (§105.452(2) and (3) RSMo. 2000);<br /> ::* performing any service for an agency in which he/she is an officer or employee or has supervisory authority for payment in excess of $500 per transaction or [$1500] $5000 per year without competitive bidding (§105.454(1), (3) RSMo. 2005); and<br /> ::* selling or leasing any property to an agency in which he/she is an officer or employee or has supervisory authority over for payment in excess of $500 per transaction or [$1500] $5000 per year without competitive bidding (§105.454(2), (3) RSMo. 2005). However, this provision does not apply to property that is condemned by the agency from its officer or employee (§105.466.3 RSMo. 2005).<br /> <br /> The Federal Highway Administration (FHWA) addresses Conflicts of Interest in relation to federally funded highway projects in general at 23 CFR §1.33. MoDOT adopts these rules for use on all federally funded contracts.<br /> <br /> ===134.1.5 Suspension/Debarment===<br /> All consultants receiving individual awards and all subrecipients/subconsultants must certify that the organization and its principles are not suspended or debarred. MoDOT’s Professional Services Coordinator will check SAM.gov / Exclusions to identify any consultants who have become suspended or debarred and will remove said consultant from the pre-qualified consultant list. Any consultant who becomes suspended or debarred shall not perform work on any MoDOT or LPA project.<br /> <br /> ===134.1.6 Frequently Asked Questions===<br /> A list of FAQs regarding consultant issues can be found on [http://www.fhwa.dot.gov/programadmin/172qa.cfm FHWA’s website].<br /> <br /> ===134.1.7 Workforce Diversity===<br /> Diversity includes all the characteristics and experiences that define each individual. Diversity includes a wide range of individual characteristics such as age, religion, gender, race, ethnicity, disability and sexual orientation. Diversity can also include such things as communication style, work style, economic status and geographic origin. MoDOT supports and encourages diversity within the transportation industry. MoDOT’s desire is for the diversity of its consultants and contractors to reflect the diversity of the citizens of Missouri.<br /> <br /> MoDOT’s engineering consultant solicitations require the consultant to describe their company’s approach to promoting and developing a diverse workforce. This category within the solicitation is a pass/fail category. An example of promoting and developing diversity is being involved with local secondary and higher education facilities to educate individuals in the field of engineering. Developing a cooperative/training program targeting the wide range of individual characteristics as listed above would be another example how firms are embracing workforce diversity. Continual efforts of encouraging a wide range of diverse individuals to the field of engineering will in turn develop a more diverse workforce.<br /> <br /> Workforce diversity within the consulting firm as a whole can sometimes vary drastically from the diversity within the project team producing the work. Assembling diverse project teams is a way to support workforce diversity. Engineering consulting firms will be required to report on the '''project team’s''' diversity in the workforce diversity verification section of the template invoice, [[media:134_5_1_1_2021.xlsx|Fig. 134.5.1.1, Blank Consultant Invoice]]. See [[#134.5.1.1 Workforce Diversity Verification|EPG 134.5.1.1]] for workforce diversity reporting requirements.<br /> <br /> Workforce diversity differs from Disadvantaged Business Enterprise (DBE). DBE focuses on firms owned and operated by socially and economically disadvantaged individuals. For more information on DBE, visit [https://www.modot.org/welcome-external-civil-rights MoDOT’s External Civil Rights webpage].<br /> <br /> ==134.2 Solicitation and Selection Process==<br /> When MoDOT needs consultant services, specific processes for soliciting and selecting a consultant must be followed. MoDOT must use the Qualifications Based Selection (QBS) for the procurement of engineering and design related services. This is mandated by both the federal and state law. See [[#134.1.1 Federal Law|EPG 134.1.1 Federal Law]] and [[#134.1.2 State Law|EPG 134.1.2 State Law]] for the applicable laws. If MoDOT does not follow the solicitation and selection process, federal funds could be jeopardized.<br /> <br /> ===134.2.1 Professional Services Committee (PSC)===<br /> The PSC ensures MoDOT follows state and federal laws for the use of professional services. The committee is composed of the Transportation Planning Director, State Design Engineer (chair) and the State Bridge Engineer. The committee may incorporate additional Division Directors/Engineers for contracts involving areas under their responsibility. <br /> <br /> MoDOT is committed to getting the “best value for every dollar spent”. This is accomplished in the consultant selection by using the QBS process and selecting the most qualified consultant not the lowest bidder. The PSC ensures MoDOT follows the QBS process for all MoDOT consultant procurements with the exception of the Design-Build projects where the Design Build Project Director is responsible for ensuring QBS is followed.<br /> <br /> PSC approval is required at the following stages: <br /> <br /> :1. The PSC approves the district or division engineer’s request to solicit consultants to provide professional services for MoDOT. The PSC also approves the dollar amount of PE/CE budgeted for this professional services contract.<br /> :2. For standard contracts and supplemental agreements, the PSC approves the negotiated number of task-hours and the “not to exceed” amount of the contract concurrent with the execution of the contract. The division liaisons review and provide comments prior to the PSC approval. <br /> :3. For on-call contracts, the PSC approves district and division consultant selections for master agreements.<br /> <br /> ===134.2.2 Consultant Solicitation and Selection Process - Standard Solicitation Method===<br /> Outlined below is the step-by-step process for Standard Consultant Solicitation and Selection Method. The standard solicitation method is used for most MoDOT Consultant projects. This method gives all consultants equal consideration during the solicitation process. [[media:134.2.2 Jan 2020.docx|Fig. 134.2.2 Processing Standard Consultant Contracts Checklist]] has been developed to help project managers through the paperwork process of hiring a consultant using the standard method.<br /> <br /> ====134.2.2.1 Solicitation and Selection Step 1 – PE Funding====<br /> After the need to procure a consultant has been identified, the MoDOT Project Manager (PM) or Contract Administrator (CA) must first ensure that Preliminary Engineering (PE) funds are identified in [[121.3 The Statewide Transportation Improvement Program (STIP)|the approved STIP]] or STIP amendment for this project and if applicable, the TIP or appropriate MoDOT Budget. The PM/CA should work with their District Planning Manager if there is a need to revise the STIP and/or TIP to adjust the funding levels to match the project costs.<br /> <br /> ====134.2.2.2 Solicitation and Selection Step 2 – PM/CA to Submit Solicitation &amp; Request Letter to PSC====<br /> The PM/CA will work with the core team members to develop a more detailed scope of services for the consultant contract. The PM/CA will also need to identify the following items prior to sending a request to solicit for a consultant services to the PSC:<br /> :'''1. Construction Project Information''' – Project Description<br /> :'''2. Construction Project Information''' – Fiscal Year for Construction Project Award<br /> :'''3. Construction Project Information''' – Estimated project construction amount<br /> :'''4. Scope of Services''' – Detailed description of anticipated consultant services. <br /> :'''5. Project Funding''' – Total consultant contract costs (not to exceed amount).<br /> :'''6. Project Funding''' – Total consultant contract costs broken down by fiscal year.<br /> :'''7. Project Funding''' – Anticipated budget to be used for consultant services.<br /> :'''8. Project Funding''' – State or federal funds for PE. All projects must be evaluated to determine if it will have federal assistance. Work with your Design Liaison Engineer to make this determination.<br /> :'''9. Project Funding''' – Amount of PE dollars in the STIP<br /> :'''10. Project Funding''' – Cost Share/Cost Participation Information or federal earmark (if applicable)<br /> :'''11. DBE Requirements''' –Once the scope of work is defined, the MoDOT PM/CA must obtain a DBE Goal by sending the appropriate project information to MoDOT External Civil Rights (ECR) for review at DBEConsultGoal@modot.mo.gov. The DBE goal shall be included in the PSC solicitation request letter and the solicitation itself. All consultant contracts &lt;u&gt;that utilize federal funds&lt;/u&gt; must be reviewed by ECR, regardless of the dollar amount of the contract. <br /> :'''12.''' Will consultant selection process include interviews or presentation – can be determined by the PSC <br /> :'''13. Period of Service''' – for the consultant contract.<br /> :'''14. Selection Process''' – for procurement of consultant (ex: Standard Solicitation, Modified Solicitation etc.). See [[#Consultant Presentations and Interviews|Consultant Presentations and Interviews]], below, to determine if they are needed.<br /> :'''15. Selection/Procurement Schedule''' – Anticipated schedule for procurement.<br /> :'''16. Anticipated Incentive/Disincentive Provisions''' – for the consultant contract (if applicable) See [[#134.5.6 Incentive and Disincentive Program|EPG 134.5.6 Incentive and Disincentive Program]].<br /> :'''17.''' The PM/CA should identify any additional division director(s) (e.g., Bridge, State Highway Safety and Traffic, Right of Way, Environmental, Construction, etc.) who may need to review and sign the PSC letter.<br /> <br /> All of the items listed above must be included in the [[media:134.2.2.2 2019.docx|Solicitation and Request Letter]] prepared by the PM/CA and sent to the Design Liaison and all needed divisions for review. Once all the reviews have been completed and all comments addressed, the letter is sent to the PSC via the email group CODEPSCReview with the names of all signers needed. The solicitation must not contain any information concerning task-hours, labor rates or cost information. If a maximum known dollar value is available to fund the professional services contract, the dollar value may be noted in the solicitation to avoid submission of letters by consultants unable to provide the services for the expenditure MoDOT has determined as reasonable for the projects. Cost information can only be considered '''''after''''' a consultant has been selected and a contract is being negotiated. The solicitation should contain ALL of the rating categories that will be used to rate the consultant. MoDOT must follow [https://revisor.mo.gov/main/OneSection.aspx?section=8.289&amp;bid=150&amp;hl= RsMO 8.289] when evaluating the consultant but additional criteria can be added as long as it is published in the solicitation. PM/CAs must indicate on the Solicitation and Request Letter if consultant services are being requested for planning studies for more than Asset Management improvements. More-than Asset Management planning studies must meet the following criteria:<br /> <br /> :1. District has demonstrated that its asset management goals can be met over the next ten years, and<br /> :2. District has the financial ability to fund, or has written commitment from another entity to fund the construction of a significant portion, or more, of any improvement resulting from the study within ten years of the initiation of the study, and<br /> :3. The region has prioritized the study along with roadway and bridge improvements and is willing to fund the study with STIP right of way and construction funds or funding from others, or<br /> :4. The cost of the study is funded by another entity, with minimal MoDOT funding involvement for oversight and guidance.<br /> <br /> The cost of more-than-TCOS planning studies will result in an adjustment to the district’s STIP right of way and construction funds, except for studies funded by other entities.<br /> <br /> ====134.2.2.3 Solicitation and Selection Step 3 – Central Office Review of Solicitation Request====<br /> After all district / division reviews are complete and comments addressed the [[media:134.2.2.2 2019.docx|Solicitation and Request Letter]] is emailed to the PSC at [mailto:CODEPSCreview CODEPSCreview] email group. The PSC members will review the request and sign for approval with the PSC chair making the final approval signature. Central Office will then post the solicitation/Request For Qualifications (RFQ) to the [http://www.modot.mo.gov/business/consultant_resources/consultant_home.htm MoDOT's Consultant Services Webpage]. An electronic notification of the RFQ is sent to Design Consultant Distribution List alerting interested parties of the opportunity.<br /> <br /> Consultant solicitations will be posted to MoDOT’s webpage twice a month, according to the [[media:134.2.2.3 RFQ calendar.pdf|RFQ Calendar]].<br /> <br /> ====134.2.2.4 Solicitation and Selection Step 4 – Consultant Response to the Solicitation/RFQ====<br /> Interested firms who wish to respond to the RFQ can submit a letter of interest. Cost information shall not be provided from the consultant at this time in the solicitation process. Cost can only be considered '''''after''''' a consultant is selected and the contract is being negotiated.<br /> <br /> ====134.2.2.5 Solicitation and Selection Step 5 – Selection of Consultant====<br /> After the RFQ submittal deadline, MoDOT will evaluate the letters of interest or SOQ. The PM/CA verifies all firms are prequalified. [https://www.modot.org/consultant-prequalification-list MoDOT's Approved Consultant Prequalification List] contains the prequalification information on the firms. According to state law [https://revisor.mo.gov/main/OneSection.aspx?section=8.289&amp;bid=150&amp;hl= RsMO 8.291], MoDOT must list a minimum of three highly qualified firms and then select the firm best qualified to perform the work, based on the rating criteria outlined in the RFQ. See [[#Consultant Presentations and Interviews|Consultant Presentations and Interviews]] below for more information on presentations and interviews. When fewer than three responses are received, it is suggested the RFQ be re-advertised at least once. However, if the PM/CA suspects the readvertisement would not likely produce additional respondents, they should reach out to firms who received the solicitation but did not respond to attempt to gain information as to why the firm(s) did not respond; and if they would be likely to respond if the advertisement were extended or not. A written summary of the phone conversations should be kept in the project file and presented to the PSC for approval to move forward with less than 3 or to readvertise. If fewer than three responses are received again or if the decision is made by the PSC not to readvertise, then the PM/CA and District Design Liaison must consider whether there was some aspect of the RFQ that was overly restrictive or otherwise had an adverse impact on the completion of the project. If the decision is made to proceed without readvertisement, then the district should document the RFQ requirements were not restrictive, it was adequately publicized, and the one or two firms who responded are qualified to perform the tasks outlined for the project. The selection team will then rate all firms based on the criteria outlined in the RFQ. Past performance evaluations may be considered as part of the firm’s evaluation. '''Price quotations shall not be requested or used for consideration prior to selecting a firm.''' Price can only be determined AFTER the consultant is selected. <br /> <br /> '''The Selection Team.''' The district and/or division forms a team to review the consultant responses and select a firm to provide the necessary services. In most cases, the team shall include at least three members, one of whom is from the Central Office (usually a Design, Construction or Structural Liaison Engineer). If a major component of the project is a specialty area supported only by Central Office staff, that division should be asked to participate as well. If the project is a project designated for federal involvement for any element related to Design or Construction Inspection, the Federal Highway Administration (FHWA) shall be offered the opportunity to participate as an observer. Should another entity (KDOT, IDOT, [https://www.modot.org/missouri-metropolitan-planning-organizations MPO], city, county, etc.) be funding part of the cost of the work that entity shall be offered the opportunity to participate as a member of the selection team. <br /> <br /> '''Rating/Scoring the Consultants.''' Consultants MUST be rated based on the rating criteria that was published in the advertised solicitation. Adding or deleting any rating criteria after the solicitation expires is not allowed. If PM/CA wishes to have the option to shortlist respondents, the short-listing procedures and the weighted rating criteria used to short-list respondents must be included in the solicitation.<br /> <br /> In order to short-list when presentations and interviews are not being conducted, a minimum of 10 respondents must be received, and the PM/CA shall have the ability to short-list down to a minimum of 3 qualified respondents. The rating criteria used to short-list shall include but is not limited to: The firms Pre-Qualification is current, Workforce Diversity, the firms listed experience as related to the advertised work, &amp; the firms project team’s accessibility &amp; availability. Shortlist scoring &amp; a written summary of the shortlist selection shall be included in the eProject file, or wherever project files are retained, along with the eventual final scoring &amp; selection of the most qualified firm.<br /> <br /> If it's determined and noted in the solicitation request that the PM/CA will conduct interviews or presentations with the consultants, see [[#Consultant Presentations and Interviews|Consultant Presentations and Interviews]] below for more information on how to rate and score the consultants. If interviews and/or presentations will not take place, the selection team can begin rating the consultants. The [[media:134.2.2.5.1 May 2017.doc|Consultant Rating Form, Fig. 134.2.2.5.1]], shall be used to rate and select the most qualified firm.<br /> <br /> Each member of the selection team will individually develop a numeric score to rate each firm using the categories listed in Fig. 134.2.2.5.1. The team will, as a group, compare these scores and discuss how they were determined. The team must reach consensus on the consultant to select. The team will create a rating summary as outlined in [https://epg.modot.org/forms/DE%202017%20Forms/LPA/134.2.2.5.2.doc Fig. 134.2.2.5.2] clearly indicating which firm has been recommended for selection and documenting the selection process. The documentation must include written text on how the scores were determined. This documentation will be kept in the eProject file. Once the recommended selected firm is determined, send the Selection Approval letter ([[media:134.2.2.5.3 Oct 2021.docx|Fig. 134.2.2.5.3]]) for approval to the District Engineer/Division Engineer. With approval from the District Engineer/Division Engineer, the team can notify the selected firm. After contacting the firm, a copy of all documentation must be sent to Central Office via the email group CODEPSCReview including the signed Approval letter (Fig. 134.2.2.5.3) of the selected firm. The final, approved selected firm will be posted on [http://www.modot.mo.gov/business/consultant_resources/consultant_home.htm MoDOT's Consultant Services webpage]. <br /> <br /> =====Consultant Presentations and Interviews=====<br /> Most projects do not require interviews or presentations. The PM/CA will verify all respondents are current with their pre-qualification status and will verify the respondents workforce diversity statement as a pass/fail. The selection team may then select the most qualified firm by scoring the respondents and choosing the top ranked firm. Specific conditions that allow the selection to take place &lt;u&gt;without&lt;/u&gt; interviews or presentations are as follows:<br /> <br /> :* The scope and cost of the contract is considered to be minor or routine in nature. <br /> :* The district or division is very familiar with the qualifications and capabilities of all the short-listed firms from previous services or presentations and believes presentations or interviews will not increase knowledge of the short-listed firms. <br /> :* The need for an accelerated selection process due to the critical nature of the contract. <br /> <br /> If interviews and/or presentations are required, the PM/CA will verify all respondents are current with their pre-qualification status, and will verify the respondents workforce diversity statement as a pass/fail. The selection team will then rate all the consultants based on the rating criteria published in the solicitation using [[media:134.2.2.5.1 May 2017.doc|Fig. 134.2.2.5.1]] and as outlined above under Rating/Scoring the Consultants. Then the selection team will select the top 3-5 highest scoring firms and place them on a short list for further evaluation during presentations and/or interviews. If the PM/CA wants to interview less than 3 firms, approval must be granted by the PSC. Once the recommended selected firms are determined, send [[media:134.2.2.5.4 2021.docx|District/Division Approval of Short List (Fig. 134.2.2.5.4)]] for approval to the District Engineer/Division Engineer. With approval from the District Engineer/Division Engineer, the team can notify the selected firms. After contacting the firms, a copy of all documentation must be sent to the Central Office via the email group CODEPSCReview including the District/Division Approval of Short List (Fig. 134.2.2.5.4) of the selected firms. The final, approved selected firms will be posted on MoDOT's Consultant Services webpage. See Consultant Presentations and Consultant Interviews, immediately below.<br /> <br /> '''Consultant Presentations.''' Before the presentations, the selection team must determine the scoring criteria ([https://epg.modot.org/forms/DE%202017%20Forms/LPA/134.2.2.5.5.doc Fig. 134.2.2.5.5]) to be used. These criteria can include many variables, but each element must be assigned a point value and expectations for assigning the maximum points should be developed. The PSC Chair is invited to attend the presentations. See the [[media:134.2.2.5.6 2016.docx|sample letter, Fig. 134.2.2.5.6]], inviting the consultant to present. <br /> <br /> After each consultant presentation, the selection team moves to a private location to discuss the presentation. Each member of the selection team will individually develop a numeric score to rate each firm based on the pre-determined criteria and scoring process. Although use of the example is not required, the criteria and scoring process must be determined prior to the actual presentation. The selection team will, as a group, compare these scores and discuss how they were determined; the selection team must reach consensus on the selected consultant. <br /> <br /> The selection team will create a rating summary [https://epg.modot.org/forms/DE%202017%20Forms/LPA/134.2.2.5.2.doc rating summary (Fig. 134.2.2.5.2)] for all the short-listed firms, clearly indicating which firm is recommended for final selection and documenting the selection process in the eProject file. The rating summary is only one tool used in the selection. Although selection of the highest scoring firm is not required, if it is not selected the reasons must be documented. This documentation will be kept in the eProject file. The final approved selected firm will be posted at [http://www.modot.mo.gov/business/consultant_resources/consultant_home.htm MoDOT's Consultant Services webpage]. <br /> <br /> '''Consultant Interviews.''' For a feasibility study, environmental assessment, environmental impact statement, major bridge design, major investment study, or at the PSC direction, the selection team should conduct interviews with the short-listed firms. This requires considerable preparatory work; however, the selection team can limit the number of consultant staff and specify particular individuals as well as the opening topics. (See [[media:134.2.2.5.7 2016.docx|Fig. 134.2.2.5.7 sample letter to interview]]). Before the interviews, the selection team must determine the interview questions along with a description of the correct type of answer. Depending on the complexity of the questions, 15 to 18 questions will fill the time allotted. Additionally, the scoring criteria must be pre-determined. These criteria can include many variables, but each element must be assigned a point value and expectations for allocating the maximum points should be developed. The PSC Chair is invited to attend the interviews. A sample format for an interview (with time guidelines) follows: <br /> <br /> During the interview, each selection team member individually scores the consultant as each question is answered. After each interview, the selection team discusses the consultant responses and averages the scores from the entire team. After the final interview, the team will, as a group, compare these scores and discuss how the firms rank; the selection team must reach consensus on the consultant to select. The selection team will create a rating summary clearly indicating which firm is recommended for selection and documenting the selection process. The rating summary is only one tool used in the selection. Although selection of the highest scoring firm is not required, if it is not selected the reasons must be documented. This documentation will be kept in the eProject file. The team must receive approval from the District or Division Engineer before notifying the selected consultant or any other parties. The final, approved selected firm will be posted on [http://www.modot.mo.gov/business/consultant_resources/consultant_home.htm MoDOT's Consultant Services webpage].<br /> <br /> ===134.2.3 Consultant Solicitation and Selection Process – Noncompetitive===<br /> There may be occasions when the standard QBS solicitation process is not appropriate. Each occasion will be evaluated on a project by project basis. Projects for which competition is determined to be inadequate after solicitation, emergency work affecting public safety or highly specialized knowledge that would result in a single consultant responding to the RFQ are candidates for Noncompetitive Procurement (23 CFR 172.7(a)(3)). Examples of specialized work are; hazardous waste services, wetland mitigation, urgent bridge projects and historic preservation services. The PM/CA will work with their Design Liaison Engineer to determine if a PSC Noncompetitive Approval is appropriate and if so, will complete and submit the [[media:134.2.2.2 2019.docx|Solicitation and Request Letter (Fig. 134.2.2.2)]] to PSC via the email group CODEPSCReview for PSC review and approval. <br /> <br /> The Noncompetitive Method may be appropriate for projects with any of the following conditions:<br /> <br /> :1. The critical nature of the work requires an accelerated selection process. The term “critical nature” refers to tasks required as a result of unanticipated events, legal actions or compliance with directives from regulatory agencies. However, the PSC Chair will consider these requests on a case by case basis.<br /> <br /> :2. The scope of services requires highly specialized knowledge and expertise that limits the number of qualified firms. Examples are underwater bridge inspection, designs to address environmental mitigation, and cultural resource investigations.<br /> <br /> :3. The work qualifies for the small purchase category. This category includes those contracts with a cost less than $25,000 and required services outside the work categories for an On-Call MOU contract.<br /> <br /> ===134.2.4 Consultant Solicitation and Selection Process – Standard Solicitation Method for On-Call Cost Plus Fixed Fee Contracts===<br /> <br /> Every three years MoDOT requests interested firms to respond to a Master Agreement RFQ, which lists specific work categories in a specific district or Central Office Division. The selected consultant is approved to only provide professional services under a Memorandum of Understanding (MOU) for the district/division in their selected work category. Each respective district/division evaluates the letters of interest from responding consultants, completes the consultant selection process, following [https://revisor.mo.gov/main/OneSection.aspx?section=8.289&amp;bid=150&amp;hl= RsMO 8.291], and requests PSC approval of the selected consultants. Once the PSC approves the selections, the Design Division drafts and executes a Master Agreement with each approved consultant and also maintains a list of consultants approved to provide services under the Master Agreement per district and/or division. The current on-call consultant list is available at [https://www.modot.org/consultant-prequalification-list MoDOT's Consultant Prequalification Requirements]. The following lists the specific work categories approved for the 2020-2023 Master Agreements: <br /> <br /> :'''District Work Categories'''<br /> <br /> ::1. Construction Materials Testing &amp; Inspection<br /> ::2. Roadway Design<br /> ::3. Surveying<br /> <br /> :'''Division Work Categories'''<br /> <br /> ::1. Bridge Deck Surveys<br /> ::2. Bridge Design<br /> ::3. Disadvantaged Business Enterprise (DBE)<br /> ::4. Environmental - Cultural Resources<br /> ::5. Environmental - Endangered Species<br /> ::6. Environmental - NEPA<br /> ::7. Environmental - Noise Studies<br /> ::8. General Services - Architectural/Interior Design<br /> ::9. General Services - Civil/Structural<br /> ::10. General Services - Mechanical/Electrical<br /> ::11. Geotechnical Engineering Services<br /> ::12. LiDAR &amp; Photogrammetry<br /> ::13. Pavement Friction Testing<br /> ::14. Value Engineering<br /> <br /> :'''Statewide District Use Categories'''<br /> <br /> ::1. Right of Way Acquisition &amp; Relocation Services <br /> ::2. SUE <br /> ::3. Traffic Engineering <br /> ::4. Traffic – Electrical Engineering <br /> ::5. Traffic – ITS Management &amp; Design <br /> ::6. Traffic – Safety Data Analysis <br /> ::7. Traffic – Structures <br /> ::8. Utility Accommodation &amp; Coordination <br /> <br /> Deletions or additions to the on-call consultant list require the PSC Chair’s approval. Approval to use a consultant other than on the district’s or division’s approved list may be granted upon written request to the PSC. [https://www.modot.org/consultant-prequalification-list MoDOT's Consultant Prequalification Requirements webpage] contains the lists of approved on-call consultants.<br /> <br /> Information on the financial prequalification process for consultants can be found on MoDOT's Consultant Prequalification Requirements webpage. Consulting firms must be financially prequalified for selection to the On-Call Consultant list and must maintain their prequalification throughout the three-year term of the Master Agreement. To execute an MOU with a consultant, the selected consultant must be pre-qualified and have current E-Verify on file.<br /> <br /> To ensure on-call contracts are used as intended, the PSC has established several guidelines: <br /> <br /> :1. All district MOUs must be approved by the Design Liaison Engineer prior to selection of an on-call consultant to ensure all other resources have been considered.<br /> <br /> :2. The Master Agreement may be executed for a maximum period of three years, although the master agreement may include provisions for a one-year extension at the end of the three-year period. <br /> <br /> :3. No single MOU will exceed a total cost of $200,000. Neither the district, nor Central Office, may, in any instance, execute multiple MOUs for a single job for services that exceeds a total of $200,000 in aggregate. MOUs within the $200,000 limit do not need prior PSC approval for execution and can be executed by the respective District Engineer or division engineer (up to $100,000) or a member of the Executive Committee (over $100,000). If an MOU is near the $200,000 limit, the Project Manager/Contract Administrator (PM/CA) shall contact their Design Liaison Engineer to determine if the project will follow the guidance of [[#134.2 Solicitation and Selection Process|EPG 134.2 Solicitation and Selection Process]]. <br /> &lt;div id=&quot;Master Agreement Execution Process&quot;&gt;&lt;/div&gt;<br /> <br /> &lt;u&gt;'''Master Agreement Execution Process'''&lt;/u&gt;<br /> <br /> Outlined below is the process of executing the Master Agreement for On-Call Contracts.<br /> <br /> :1. The RFQ is posted to the web and electronic notification is sent to interested parties listed on the Design Consultant distribution list.<br /> :2. The district/division rates and develops a list of selected consultants.<br /> :3. The PSC chair approves the selection of consultants for specific work categories in each district/division. <br /> :4. Only Approved Pre-Qualified Consultants are eligible for Master Agreement. The pre-qualification process also includes a review of the firm’s indirect cost rate. <br /> :5. Since the amount of future services to be performed under the agreement is unknown, the allowable fixed fee based upon direct labor cost is limited to 12 percent. <br /> :6. The Design Division develops a “Master Agreement” to be executed by the approved consultant(s). This agreement outlines the basic conditions of the contractual relationship and specifies the work category(ies). The Master Agreement is the foundation for a Memorandum of Understanding (MOU) that the district or division later executes with a consultant to address the need for a specific scope of services in a specific work category. When the agreement is created and saved in eAgreements, the system will auto-assign a new file name. This auto-assigned file name must be used as the agreement number, in the header, within the agreement itself. <br /> :7. Design Division drafts the Master Agreement in eAgreements and executes the Master Agreements [[media:134 Docusign.pdf|electronically through DocuSign]]. <br /> <br /> &lt;div id=&quot;The district then follows the procedures below&quot;&gt;&lt;/div&gt;<br /> <br /> The district or division then follows the procedures below for executing individual MOUs to obtain services as the need arises. <br /> &lt;div id=&quot;MoDOT MOU Execution Process &quot;&gt;&lt;/div&gt;<br /> &lt;u&gt;'''MoDOT MOU Execution Process'''&lt;/u&gt;<br /> <br /> [[media:134.2.4 July 11 2017.doc|Fig. 134.2.4 Processing On-Call/MOU Consultant Contracts Checklist]] has been created to guide project managers through the process of hiring an on-call consultant through close- out of the MOU. <br /> <br /> Outlined below is the process of executing an MOU for On-Call Contracts. <br /> <br /> :1. '''All MOUs will be federally funded, therefore, the Project Manager/Contract Administrator (PM/CA) must choose the federal MOU contract from the [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements SharePoint site], unless approved by the PSC to use a state funded MOU contract (state funded MOU contracts may be used if the funding source is the District/Division budget).'''<br /> :2. All District MOU’s must be reviewed and approved by the assigned Design Liaison Engineer prior to selection of an on-call consultant to ensure all other resources have been considered.<br /> :3. PM/CA to choose the MOU contract from the eAgreements SharePoint site.<br /> :The federal MOU contract must be used for all MOU’s unless approved by the PSC to use a state funded MOU contract (state funded MOU contracts may be used if the funding source is the District/Division budget). When the agreement is created and saved in eAgreements, the system will auto-assign a new file name. This auto-assigned file name must be used as the agreement number, in the header, within the agreement itself.<br /> :4. Development of Scope of Services and DBE Requirements – Once the scope of work is defined, the MoDOT PM/CA must obtain a DBE Goal by sending the appropriate project information (including scope, county, estimated construction cost, and potential subcontracting opportunities) to MoDOT External Civil Rights (ECR) for review at DBEConsultGoal@modot.mo.gov. Once the DBE goal has been established by ECR, it shall be included in the MOU. All consultant contracts &lt;u&gt;that utilize federal funds&lt;/u&gt; must be reviewed by ECR, regardless of the dollar amount of the contract. If the prime consultant or any sub-consultants are DBE firms, the DBE section must be filled out. If the prime or subs are not DBE firms, the DBE section can be left blank. <br /> :5. The PM/CA will review the on-call consultant list and choose a consultant based on the scope of services that has been developed and DBE goal established. The on-call consultant list is found on the [https://www.modot.org/consultant-prequalification-list MoDOT Website – Consultant Services – Consultant Prequalification Requirements]. <br /> <br /> :'''Note: Only firms that are prequalified with MoDOT financially can be chosen from the on-call consultant list. Firms must update their information yearly in order to stay current on their prequalification. MoDOT’s consultant prequalification list can be found on the [https://www.modot.org/consultant-prequalification-list MoDOT Website – Consultant Services – Consultant Prequalification Requirements]. '''<br /> <br /> :6. Consultant agreements are to be sent to the assigned Design Liaison Engineer for “Review by Staff” in eAgreements. <br /> &lt;div id=&quot;7. DBE Concurrence must be obtained&quot;&gt;&lt;/div&gt;<br /> :7. DBE Concurrence must be obtained from External Civil Rights prior to sending a federally funded MOU to the consultant for execution. The PM/CA will send External Civil Rights (email group '''DBEConcurrence''') as a “Reviewer”, along with the assigned Liaison Engineer, when processing the agreement for “Review by Staff” in eAgreements. ECR will respond to the email notification if any additional DBE information is needed - including, but not limited to, specific DBE details, such as name of DBE firm, DBE Goal, dollar amount of DBE participation, Exhibits such as Scope of Services, Fee Estimate, etc. <br /> :8. After receiving the DBE Concurrence from External Civil Rights, the PM/CA will send the MOU to the consultant for execution. Agreements may be executed by wet signatures or [[media:134 Docusign.pdf|electronic signatures in DocuSign]]. Electronic signatures are encouraged to expedite the execution process.<br /> :9. The respective District Engineer, division engineer or Executive Committee member will execute the MOU as described in MHTC Policy &quot;Delegation of Authority for Approval and Execution of Documents&quot;. <br /> :10. If using electronic signatures, copies of the fully executed agreement will be distributed to the recipients entered into DocuSign (see below for the Central Office Divisions that must receive a copy of the fully executed agreement).<br /> <br /> :If using wet signatures, the PM/CA is responsible for uploading a copy of the fully executed MOU in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements], sending the consultant a copy of the fully executed agreement, and sending a link to the fully executed agreement to the appropriate Central Office Divisions. (See Item 9, below, for the Central Office Divisions that must receive a copy of the fully executed agreement.) <br /> <br /> :11. The PM/CA must email an electronic link to the fully executed agreement to the following Central Office Divisions: <br /> ::* Financial Services Division (email group '''Obligate''' with message '''“Obligate - please obligate funds for the fully executed agreement”''' and provide any specific funding details here, as applicable).<br /> ::* Design Division (email group '''CODEPSCReview''' with message '''“CODEPSCReview - fully executed agreement for your records”'''). <br /> <br /> :'''Note:''' If federal funds are used, the PM/CA must wait for email notifications from the following Central Office Divisions before issuing NTP to the consultant:<br /> ::* Financial Services indicating the obligation of funds is complete. <br /> ::* External Civil Rights (ECR) indicating concurrence in DBE participation.<br /> <br /> :12. The PM/CA will send the [[media:134.4.2 2016.docx|NTP letter (Fig 134.4.2)]] to the consultant AFTER:<br /> ::* Receiving DBE concurrence from External Civil Rights <br /> ::* Execution of the contract <br /> ::* Obligation of federal funds by Financial Services.<br /> <br /> ==134.3 Consultant Contract Negotiation==<br /> Tasks, hours and price are negotiated after a consultant is selected and notified. During this process, price can be considered. Firms must be listed on the Approved Annual Financial Pre-Qualification List in order to provide professional services to MoDOT. '''Additional scope beyond what was advertised in the RFQ cannot be negotiated into the contract.''' <br /> <br /> The selected firm will use the provisional overhead rate that was accepted by MoDOT during the firm’s prequalification process with MoDOT. If the firm elects to voluntarily reduce their overhead rate, the following language must be incorporated into the contract: <br /> <br /> :“The Company has voluntarily reduced its overhead rate to ___%. This rate will be used on all billings. Upon completion of these services outlined under this Agreement the final payment for these items will be based on accounting records of the Consultant incurred during the period of the Agreement. MoDOT reserves the right to require the actual audited overhead rates be used if those rates are less than the voluntarily reduced rate noted previously.”<br /> <br /> ===134.3.1 Engineering Services Contract (ESC)===<br /> Contract negotiation should follow the schedule provided in the solicitation. Consult Chief Council’s Office CCO early in the negotiation phase for any proposed changes in the boilerplate agreement language. Modifications to the standard agreement language may be considered only where no other compromise can be reached to successfully negotiate the agreement, and '''must be approved “as to form” by CCO.''' If the PM/CA works with their Regional Counsel to approve the revisions to the boilerplate agreement, that Regional Counsel will need to approve the partially executed contract “as to form”. In general, no changes are allowed to the ESC.<br /> <br /> The standard engineering services contracts (ESCs) can be found in the [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements SharePoint site]. ESCs must follow the eAgreements process for drafting, reviewing and executing, as defined in [[:Category:153 Agreements and Contracts|EPG 153 Agreements and Contracts]] and the [http://sp/sites/eagreements/TrainingDocuments/Forms/AllItems.aspx eAgreements Training Manual]. In addition, the appropriate approvals must be obtained through the Professional Services Committee (PSC) process. When the agreement is created and saved in eAgreements, the system will auto-assign a new file name. This auto-assigned file name must be used as the agreement number, in the header, within the agreement itself.<br /> <br /> The MoDOT unit responsible for the contract, either the district or the division, provides the consultant with an electronic PDF copy of the tentative contract. The tentative scope of services (including [[237.14 Electronic Design Data Delivery (BIM Deliverables)#237.14.4 Specifications of Electronic Design Data for Consultants and MoDOT|Specifications of Electronic Design Data for Consultants and MoDOT]]) may be provided in a non-PDF electronic format. The PM/CA is responsible for completing the Consultant Contracts. Contract language must be approved by CCO input prior to execution of the contract. <br /> <br /> After reviewing the tentative contract and scope of services, the consultant prepares a proposal containing a detailed estimate of cost that includes task-hours, basic pay rates, pre-qualification accepted overhead rates, direct costs and fixed fee. Each of these items is reviewed by MoDOT to ensure it is reasonable with respect to the type of work involved and anticipated size of the contract. PM/CAs are responsible for the quality and content of professional services agreements. [[media:134.3.1 2017.doc|Fig. 134.3.1, District Checklist for Reviewing Consultant Contracts]] is a tool provided for PM/CAs to utilize while reviewing contracts.<br /> <br /> Prior to receiving &amp; negotiating the Scope and Fee from the selected firm, the PM/CA shall develop an Independent Cost Estimate (ICE) in compliance with 23 code of Federal Regulations (CFR) Part 172.7(a)(1)(v)(B) to serve as the basis for the negotiation of the contract. <br /> <br /> After the PM/CA and consultant agree to the terms of the agreement, the PM/CA converts the Word document to a pdf file in eAgreements. The pdf file should include the Scope of Services and Exhibits. <br /> <br /> ====134.3.1.1 Liability Insurance====<br /> The MoDOT Standard Consultant Contract language includes provisions for the amount of liability insurance that the consultant must provide to cover claims that may result from errors, omissions, or negligent acts of the consultant. Insurance Certificate of Liability must meet [http://insurance.mo.gov/industry/sovimmunity.php Missouri’s Sovereign Immunity Limits]. In rare instances, the PM/CA may request an Acceptance of MHTC Liability to reduce the insurance requirements on the consultants. This process must obtain PSC approval and follow the procedures outlined in the Acceptance of MHTC Liability, available through the CCO, depending on the nature and complexity of the services. <br /> <br /> A copy of the certificate of liability insurance for the prime consultant is to be requested by the PM/CA and kept in the project files with the executed contract. It is the responsibility of the consultant to meet the insurance requirements of the contract. Receipt of the consultant’s certificate of insurance liability does not imply approval of the amounts. <br /> <br /> ====134.3.1.2 Payment Bond====<br /> State statute requires that in the event that any subconsultants are used to supply at least twenty five thousand dollars ($25,000) worth of materials and/or labor not within the scope of environmental assessment services or licensed professional services as defined by [https://revisor.mo.gov/main/OneChapter.aspx?chapter=327 Chapter 327, RSMo], the consultant shall require any such subconsultants to provide laborers and materialmen with adequate bond security. <br /> <br /> The payment bond value shall equal the amount of the total subcontracted non-engineering services and applicable direct costs. If there is uncertainty about whether an item of work is considered as non-engineering or as an applicable direct cost, it should be included in the amount covered by the payment bond. Fully document all decisions regarding contracted services not included in the payment bond amount and retain in the project file until the contract has been closed and audited for final payments. A copy of the payment bond is to be requested by the project manager and kept in the district project files with the executed contract. <br /> <br /> For more information on the payment bond language, refer to [[153.9 Design|DE01 Consultant Services Master Agreement (All_Fees)]].<br /> <br /> ===134.3.2 Fixed Fee Review===<br /> The fixed fee is the profit to the consultant. It is based on the scope, complexity of the project, contract duration, risk to the consultant, amount of sub consultant management, and professional nature of the services as well as the size and type of contract. Fixed fees are calculated based upon direct salary cost. Direct salary cost includes direct labor, overhead on direct labor, plus general and administrative overhead. It does not include travel expenses, printing, miscellaneous expenses or sub consultant costs. The Facilities Capital Cost of Money Rate (FCCM) shall not be included in the fixed fee calculation. The percentage of the fixed fee to the direct salary cost must not exceed the maximum allowable profit curve shown in [[media:134.3.2 2021.pdf| Fig. 134.3.2 MoDOT Allowable Profit Curve]]. For standard solicitation contracts, the maximum allowable profit is capped at 15 percent, even if calculated to be higher. For consultant contracts that potentially include multiple future phases, the fixed fee will be based on the estimated total direct salary cost for the current phase plus all future phases. For MOU contracts, the maximum allowable profit is 12 percent as agreed to in the Consultant Services Master Agreement, DE01. The maximum subconsultant fixed fee for MOUs is also capped at 12 percent.<br /> <br /> Fixed fees shall not be calculated on direct expenses. Sub consultants are a direct expense to the prime consultant. Therefore, sub consultant expenses are not included in the fixed fee calculations for the prime consultant. It should be noted the “fixed fee” is a fixed dollar amount and will be paid in full at the conclusion of the contract, even if the consultant does not use all the hours in the contract. Therefore, care should be taken to not overestimate man-hours.<br /> <br /> ===134.3.3 Task-Hours Review===<br /> In order to establish a measure of “Fair &amp; Reasonable” a pre-negotiation estimate is required by federal regulations in 2 CFR 200.324. The MoDOT PM/CA shall develop an estimate based on the task-hours that MoDOT would require to perform the same service. The consultant task-hour estimate is reviewed and compared to the MoDOT estimate. The consultant’s fee proposal submittal must include detailed hours and cost breakdowns by sub-task and by job title. For any subtask on the scope, it should be known how many different people, how many hours per person, any direct expenses, etc. for the prime and any subs. Negotiations should occur to assure that task-hours in the contract are comparable to the MoDOT estimated hours and those from similar projects. PMs should confer with the appropriate Central Office liaison for concurrence with the review.<br /> <br /> ===134.3.4 Basis of Payment===<br /> The majority of Design Consultant Engineering Services Contracts are actual cost contracts. This means that all costs submitted for payment must be based on actual wages, overhead. Federal regulations ([https://www.acquisition.gov/far/part-16#FAR_16_102 FAR Part 16.102]) prohibit the use of cost plus a percentage of cost or percentage of construction costs as a method of compensation. The following methods may be used as the basis of payment in a contract:<br /> <br /> :* Actual Cost Plus Fixed Fee (majority of contracts)<br /> :* Specific rates of pay (for emergency situations only)<br /> :* Lump Sum (prior approval required).<br /> <br /> Each Subcontractor or subconsultant must be identified in the contract. Subcontractor expenses should also be calculated based upon actual costs. Prompt payment of subconsultants is required per [https://www.acquisition.gov/far/part-32#FAR_Subpart_32_9 FAR Subpart 32.9].<br /> <br /> Per [[#134.3.5.1 Subconsultant Cost Exceeding $25,000|EPG 134.3.5.1]], if the consultant is using a subconsultant with a cost exceeding $25,000, then the subconsultant shall include a detailed estimate of cost and a detailed overhead rate schedule (cost plus fixed fee breakdown).<br /> <br /> Per [[#134.3.5.2 Subconsultant Cost NOT Exceeding $25,000|EPG 134.3.5.2]], if the consultant is using a subconsultant with a cost that DOES NOT exceed $25,000 then a letter quote from the subconsultant can be submitted with the engineering service contract.<br /> <br /> Retainage is not allowed as a routine part of the contract i.e. blanket retainage is prohibited. Payment may be withheld on any particular work item that has not been completed in accordance with the contract. This can include work incidental to the work item, and required documentation directly related to the work.<br /> <br /> Direct costs must be estimated using current Privately Owned Vehicle (POV) mileage reimbursement rates and per diem rates for Missouri. These rates can be found on the following web pages. <br /> <br /> Mileage, subsistence and lodging must follow federal travel regulation guidelines. <br /> :* [http://www.gsa.gov/portal/content/100715 Current POV Mileage Reimbursable Rates]<br /> :* [https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-rates-results/?action=perdiems_report&amp;state=MO&amp;fiscal_year=2022&amp;zip=&amp;city= Current Per Diem Rates for Missouri]<br /> <br /> ===134.3.5 Subconsultants===<br /> The use of subconsultants is allowed provided that each firm is identified in the engineering services contract. DBE firms should be listed under Disadvantaged Business Enterprise (DBE) Requirements, and other subconsultants should be listed in Subconsultants. The use of 2&lt;sup&gt;nd&lt;/sup&gt; and 3&lt;sup&gt;rd&lt;/sup&gt; Tier subconsultants is not allowed, that is, only the prime consultant can have subconsultants, the subconsultants cannot have subconsultants. Subconsultants do not have to be prequalified but it is strongly encouraged especially if the subconsultants routinely performs work &gt;$25,000. <br /> <br /> ====134.3.5.1 Subconsultant Cost Exceeding $25,000====<br /> If the consultant is using a subconsultant with a cost exceeding $25,000, then the subconsultant shall include a detailed estimate of cost and a detailed overhead rate schedule (cost plus fixed fee breakdown). [https://epg.modot.org/forms/DE%202017%20Forms/LPA/134.3.6.1.1%20Common%20Unallowable%20Costs.pdf Fig. 134.3.6.1.1] lists common unallowable costs. If the subconsultant is prequalified, the overhead rate listed must be the current overhead rate accepted by MoDOT through the annual financial prequalification process. In this case, a detailed overhead rate schedule would not be required.<br /> <br /> If the subconsultant is not pre-qualified with MoDOT then the firm shall also include their [[media:134.3.5.1 Form.pdf|Consultant Certification of Indirect Cost Form]]. Each subconsultant in this category must show its overhead in the required format. [https://epg.modot.org/forms/DE%202017%20Forms/LPA/134.3.6.1.2.pdf Fig. 134.3.6.1.2] provides an example Overhead Schedule. The detailed overhead rate schedule should be reviewed for possible unallowable costs per [https://www.acquisition.gov/far/part-31 FAR Part 31.2], [https://epg.modot.org/forms/DE%202017%20Forms/LPA/134.3.6.1.1%20Common%20Unallowable%20Costs.pdf Fig. 134.3.6.1.1] lists common unallowable costs. The prime consultant is responsible for ensuring that all subconsultants comply with state and federal regulations, such as E-Verify, and are registered to do business in Missouri.<br /> <br /> ====134.3.5.2 Subconsultant Cost NOT Exceeding $25,000====<br /> If the consultant is using a subconsultant with a cost that DOES NOT exceed $25,000 then a letter quote from the subconsultant can be submitted with the engineering service contract. The letter should quote the subconsultant’s cost shown in Exhibit III of the consultant contract. It is preferred however, that the subconsultants have cost plus fixed fee break down. If the subconsultant is not pre-qualified with MoDOT, the firm shall also include their [[media:134.3.5.1 Form.pdf|Consultant Certification of Indirect Cost Form]]. The prime consultant is responsible for ensuring that all subconsultants comply with state and federal regulations, such as E-Verify, and are registered to do business in Missouri.<br /> <br /> ===134.3.6 Ceasing Negotiation===<br /> If the district/division cannot negotiate a reasonable price with the consultant selected, they can formally cease negotiations with a formal written letter and begin negotiations with the next most qualified firm. After the district/division has ceased negotiations with the selected firm and have started negotiations with the next most qualified firm, they cannot go back to the first firm and start another round of negotiations; this is looked upon as price shopping and is unallowable. See the [http://www.fhwa.dot.gov/programadmin/consultant.cfm FHWA Consultant Services webpage] for more information. If a contract cannot be negotiated with the second consultant, MoDOT may choose to negotiate with the third most qualified consultant. At any time, all proposals may be rejected and MoDOT can re-advertise the project with a revised scope.<br /> <br /> ===134.3.7 Negotiation Documentation===<br /> All correspondence with the consultant during the course of the negotiations shall be documented and included in the eProject file for the consultant contract, including all email correspondence. Document in writing all verbal communication and personal visits with the consultant regarding the contract negotiations and include in the eProject file. These records shall be maintained for a period of three years after the final voucher is submitted in FMIS by Financial Services. If any litigation, claim, negotiation, audit or other action involving the records is started before the expiration of the three-year period, the records are retained until completion of the action and resolution of all issues arising from it or until the end of the three-year period, whichever is later.<br /> <br /> ===134.3.8 Contract Assurances===<br /> Prior to executing a contract with a consultant, MoDOT will assure the following: <br /> <br /> :1. The consultant has been apprised of all applicable technical work requirements and administrative controls, including those of the FHWA and any other agencies that may have jurisdictions over the project. <br /> :2. After selection, the firm was provided all pertinent information relative to the desired engineering services or other professional services requested. The tentative contract set out the scope of the services in sufficient detail to provide the consultant with a definite knowledge of the services and results expected. The consultant was instructed to submit a proposal that indicated clearly identifiable, sufficiently detailed, and easily auditable charges for the work and/or units of work. These proposed charges (rates and man-hours) were reviewed for acceptability before negotiations proceeded. <br /> :3. Contracts include a requirement for a three-year retention of records after the final voucher is submitted in FMIS by Financial Services. On actual cost contracts, the consultant was informed that records must be open for inspection by authorized government personnel.<br /> <br /> ==134.4 Contract Approval, Execution and Distribution==<br /> Once the district and the division agree to the man-hours, salary rates, overhead rates, direct costs, and fixed fee, the information is submitted to the PSC for review and approval, via the email group CODEPSCReview. See [[media:134.4.1 2022.docx|Fig. 134.4.1]]. The submittal letter to the PSC documents that the above procedures have been followed and the requirements of Brooks Act, [http://www.fhwa.dot.gov/programadmin/23cfr172.cfm 23 CFR 172] and [https://revisor.mo.gov/main/OneChapter.aspx?chapter=8&amp;lhn=y RSMO Section 8] have been satisfied. When approved by the PSC, the standard contract language, the scope of services and the consultant’s cost proposal are made part of a formal agreement for execution. <br /> <br /> Consultant agreements are to be sent to the assigned Liaison Engineers for “Review by Staff” in eAgreements. <br /> &lt;div id=&quot;DBE Concurrence must be obtained from External&quot;&gt;&lt;/div&gt; <br /> DBE Concurrence must be obtained from External Civil Rights prior to sending a federally funded agreement to the consultant for execution. The PM/CA will include External Civil Rights (email group '''DBEConcurrence''') as a “Reviewer”, along with the assigned Liaison Engineers, when processing the agreement for “Review by Staff” in eAgreements. External Civil Rights will respond to the email notification if any additional DBE information is needed - including, but not limited to, specific DBE details, such as name of DBE firm, DBE Goal, dollar amount of DBE participation, Exhibits such as Scope of Services, Fee Estimate, etc. <br /> <br /> After receiving the DBE Concurrence from External Civil Rights, the contract may be executed. MHTC authorization to execute the contract may be obtained in one of following ways: <br /> <br /> :1. Projects in the Statewide Transportation Improvement Program (STIP) <br /> :The Commission’s approval of the STIP includes delegation of authority to execute professional services contracts for projects contained in the STIP. The execution of agreements is done either by electronic or wet signature. Instructions are included in the eAgreements Training Manual and summarized below. <br /> <br /> :2. Projects Not Included in the STIP <br /> :To obtain authorization to execute contracts for projects that are not included in the approved STIP and have a contract ceiling exceeding $25,000, the contracts must be presented to the MHTC at a regularly scheduled monthly meeting. The appropriate division places these contracts on the Commission agenda for the next meeting. The District Engineer or division engineer should be prepared to discuss this item at the Commission meeting in case questions arise. After obtaining authorization to execute the contract from the Commission, the contract administrator then proceeds with the execution process. <br /> <br /> &lt;u&gt;Execution and Distribution of the Professional Services Contract&lt;/u&gt;<br /> <br /> The Professional Services Contract shall be executed [[media:134 Docusign.pdf|electronically in DocuSign]]:<br /> <br /> :* Electronic Signatures – Signing agreements electronically in DocuSign will expedite the execution process. The PM/CA must add all recipients in the DocuSign site that need to sign and/or receive an electronic copy (see below) of the fully executed agreement. <br /> <br /> The PM/CA must send an electronic copy of the fully executed agreement to various Central Office Divisions. For electronically executed agreements, this is done by cc:/ in DocuSign. The following are the Central Office Divisions that must be notified:<br /> <br /> :* Financial Services Division (email group '''Obligate''' with message '''“Obligate - please obligate funds for the fully executed agreement and please advise when we can give a NTP”''' and provide any specific funding details here, as applicable).<br /> :* Design Division (email group '''CODEPSCReview''' with message '''“CODEPSCReview - fully executed agreement for your records”'''). <br /> <br /> '''Note:''' If federal funds are used, the PM/CA must wait for email notifications from the following Central Office Divisions before issuing Notice to Proceed the consultant:<br /> :* Financial Services indicating the obligation of funds is complete<br /> :* External Civil Rights (ECR) indicating concurrence in DBE participation.<br /> <br /> If federal funds were used to finance the contract, Financial Services submits a copy of the executed contract to the FHWA Finance Section for approval. Federal funds will not be paid for charges to the contract prior to FHWA approval. Any supplemental agreements are also submitted to the FHWA after execution. <br /> <br /> &lt;u&gt;Notice to Proceed Letter&lt;/u&gt;<br /> <br /> The PM/CA is responsible for sending a [[media:134.4.2 2016.docx|Notice to Proceed (NTP) Letter (Fig. 134.4.2)]] to the consultant. The NTP cannot be sent prior to:<br /> <br /> :* Receiving DBE concurrence from External Civil Rights. <br /> :* Execution of the contract.<br /> <br /> ==134.5 Consultant Contract Administration==<br /> A MoDOT employee will be assigned as the PM/CA for each contract, including contracts in which the services are for project management of a construction project or for contract administration. MoDOT's PM/CA is responsible for administering the contract and overseeing the consultant’s progress towards the provision of services required by the contract. Some of these responsibilities are: <br /> <br /> :1. Scheduling and attending progress meetings with the consultant and being involved in decisions leading to change orders or supplemental agreements. <br /> :2. Being familiar with the qualifications and responsibilities of the consultant’s staff. <br /> :3. Assuring that costs billed are consistent with the acceptability and performance of the consultant’s work. <br /> :4. Monitoring the consultant’s operations, as necessary, and adequately documenting contract performance (prior to final settlement of the contract) for later use. <br /> :5. Conducting interim technical and audit evaluations as deemed necessary during the performance of the consultant contract. <br /> :6. Completing performance evaluations in the Design Consultant Database at major milestones and at the completion of the contract. An evaluation is to be completed at least annually. <br /> :7. Notifying the Design Division, Financial Services and AI when a project is complete and finalized. The PM/CA should make arrangements with the Resident Engineer to be notified when construction is complete. <br /> <br /> ===134.5.1 Invoicing===<br /> The consultant files a monthly invoice and progress report to the PM/CA. The [[media:134_5_1_1_2021.xlsx|invoice template found in Fig. 134.5.1.1]] must be used for all consultant contracts. Prime consultant invoices '''must''' use Fig. 134.5.1.1. Sub-consultants who have a contract with the prime that is greater than $25,000 must either use Fig. 134.5.1.1 or provide all the information that is listed in this figure to be considered acceptable. Each invoice must be submitted with the necessary supporting documentation and must be numbered in sequential order and label the final invoice as FINAL. The invoice shall be based on the total incurred cost during the invoice period. Invoices should identify each task in the scope of work, as well as the employees and hours spent on each task during the billing period. Direct costs must also be shown by task. The [[media:134.5.1.2 July 31, 2012.docx|MoDOT Consultant Invoice Checklist (Fig 134.5.1.2)]] can be used as tools to ensure all proper documentation is in place for each invoice in order for the invoice to be accepted and paid. [[media:134.5.1.5 Sept 2012.xlsx|Fig. 134.5.1.5]] is available as an example of a filled-out invoice.<br /> <br /> The PM/CA should make every effort to see that the consultant is paid in a timely manner, the goal being 30 days. Missouri law states that the consultant is entitled to interest if the invoice is not paid in 45 days. The 45-day period starts when all questions about the invoice have been addressed and agreed to by both parties. <br /> &lt;div id=&quot;The PM/CA uploads a copy&quot;&gt;&lt;/div&gt;<br /> The PM/CA uploads a copy of the invoice to Financial Services' [https://modotgov.sharepoint.com/sites/fs_contractual Contractual Payments Library] following the [[media:Contractual_Library_Instructions-2022.pdf|step-by-step instructions]], which includes the PM/CA indicating the invoice as having been reviewed, thus approving it for payment. [[media:134.2.2 Jan 2020.docx|Fig. 134.2.2]] and [[media:134.2.4 July 11 2017.doc|Fig. 134.2.4]] are checklists to help PM/CAs with the paperwork process for Standard and On-call contracts, including invoicing.<br /> <br /> The following metadata fields are required: <br /> :* Name (J#, invoice#, Consultant abbrev.)<br /> :* Job No. (include the J)<br /> :* Financial No. (if known)<br /> :* Agreement No. (eAgreements)<br /> :* Payee/Vendor<br /> :* Invoice Date<br /> :* Invoice Number<br /> :* Invoice Amount<br /> :* Final Invoice (if applicable)<br /> :* District/Division/Office<br /> :* Reviewed and Approved (checkbox)<br /> :* Reviewed and Approved By<br /> :* Activity Code<br /> :* Link to eAgreements (first invoice only)<br /> :* Payment Status (default to New Entry)<br /> :* Comment (if necessary).<br /> <br /> The following are the most frequently used activity codes:<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |'''Activity'''||width=&quot;15&quot;| ||'''Description'''<br /> |-<br /> |align=&quot;center&quot;|R351|| ||Conceptual Plans<br /> |-<br /> |align=&quot;center&quot;|R352|| ||Surveying/Mapping<br /> |-<br /> |align=&quot;center&quot;|R354|| ||Preliminary Plans<br /> |-<br /> |align=&quot;center&quot;|R356|| ||Final Design Plans<br /> |-<br /> |align=&quot;center&quot;|R358|| ||Final Construction Plans<br /> |-<br /> |align=&quot;center&quot;|R35A|| ||Support – Build New Hwys &amp; Bridges<br /> |}<br /> <br /> If the contract encompasses more than one job number, or if there are separate invoices, each invoice will need to be uploaded separately and the partnering jobs listed in the comment section of the metadata. When the last invoice is submitted for payment, the final invoice checkbox should be checked. This notifies Financial Services that the contract is complete. (See [[#134.5.3 Consultant Contract Close-Out|EPG 134.5.3 Consultant Contract Close-Out]]).<br /> <br /> If the consultant project/agreement has more than 4 jobs associated with it, the PM/CA will continue to submit the Consultant invoices to Financial Services electronically by utilizing the Contractual Payments system.<br /> <br /> Design-Build (contractor) invoices and non-contractual invoices will continue to be submitted electronically by email to Financial Services at '''Contractual.Payments@modot.mo.gov.''' However the design-build consultant invoices should be submitted using the Contractual Payments Library.<br /> <br /> If errors are found on the consultant invoice, the PM/CA should contact the consultant and request a corrected invoice. The PM/CA should never change an invoice. The invoice should be sent back to the consultant for corrects and '''they must re-date the invoice''' and re-submit to MoDOT. If the consultant makes an error and requests more reimbursement than allowed by the contract, the PM/CA may submit the invoice and authorize payment of an amount less than the invoice requests. The reasons for paying an amount different than the invoice requests must be clearly documented in the cover letter. <br /> <br /> If the period of service in the contract has lapsed, a letter to extend the period of service signed by both MoDOT and the consultant must be completed prior to paying any invoices. For hourly-rate contracts the period of service is defined in the MOU not the Master Agreement.<br /> &lt;div id=&quot;Consultant invoices for projects&quot;&gt;&lt;/div&gt;<br /> Consultant invoices for projects administered by the [https://modotgov.sharepoint.com/sites/br Bridge Division] should be submitted electronically by the consultant directly to '''BRInvoiceAdmin@modot.mo.gov''' and the Structural Liaison Engineer assigned to the project should be copied on the email.<br /> <br /> Electronic payments to a consultant may be set up by submitting an “Electronic Funds Transfer” form. Information is available at [https://missouribuys.mo.gov/ MissouriBUYS].<br /> <br /> ====134.5.1.1 Workforce Diversity Verification====<br /> The workforce diversity verification section of the template invoice ([[media:134_5_1_1_2021.xlsx|Fig. 134.5.1.1, Blank Consultant Invoice ]]) must be filled out. The verification summary should contain the '''project team’s''' diversity, not the company wide diversity. For reporting purposes, females and minorities are the only diversity categories that must be reported in the verification summary. The following groups are considered to be minorities: Black, Hispanic, Asian, American Indian, Native Hawaiian or Pacific Islander. The report is based on the hours worked by minorities and women during each invoicing period.<br /> <br /> ===134.5.2 Supplemental Agreements===<br /> Supplemental agreements are used to add/delete work within the scope of services that was advertised in the RFQ. Supplemental agreements cannot be used to increase the scope of work outside the solicitation/RFQ or to increase overhead or fixed fee. For example, a no cost supplemental agreement can be executed to extend the period of service as outlined in the original consultant contract.<br /> <br /> Each supplemental agreement must include new subconsultants, and modifications to the scope of services, new cost estimates and schedule or period of service adjustments as applicable.<br /> <br /> Costs associated with these modifications to the scope of services may be covered by the unit costs included in the original contract or by a newly negotiated cost in the supplemental agreement. Direct costs and overhead costs for the services contained in the supplemental agreement should reflect the costs that will be in effect during the performance of the service. <br /> &lt;div id=&quot;Once it is determined that the scope of services&quot;&gt;&lt;/div&gt;<br /> <br /> Once it is determined that the scope of services needs modification, the PM/CA follows the same negotiation process for the supplemental agreement that is followed for new contracts through submission to the PSC, via the email group CODEPSCReview. Any modifications to the scope of services, whether it results in a change in cost or not, must be included in an approved supplemental agreement. If a DBE goal was established in the original contract it will continue to apply. The agreement must be executed prior to the consultant receiving authorization to proceed with the modified scope of services. Supplemental Agreements for extension of time, with no additional cost, are not required to be submitted through the PSC. The district or division director has the delegation of authority to sign the Supplemental Agreement if the total contract is below $100,000. If the combined original contract cost and the supplemental agreement cost are above $100,000, then a member of the Executive Committees must sign the supplemental agreement. The executed copy of the Supplemental Agreement must be submitted through CODEPSCReview. <br /> <br /> When a supplemental agreement is necessary, additional funds to cover the added costs in the contract must be identified from the appropriate budget category and be approved as a necessary expenditure. <br /> <br /> Supplemental agreements shall be sent to the assigned Liaison Engineers for “Review by Staff” in eAgreements. <br /> &lt;div id=&quot;DBE Concurrence must be obtained from External Civil&quot;&gt;&lt;/div&gt;<br /> DBE Concurrence must be obtained from External Civil Rights prior to sending a federally funded agreement to the consultant for execution. The PM/CA will include External Civil Rights (email group '''DBEConcurrence''') as a “Reviewer”, along with the assigned Liaison Engineers, when processing the agreement for “Review by Staff” in eAgreements. External Civil Rights will respond to the email notification if any additional DBE information is needed - including, but not limited to, specific DBE details, such as name of DBE firm, DBE Goal, dollar amount of DBE participation, Exhibits such as Scope of Services, Fee Estimate, etc. <br /> <br /> After receiving the DBE Concurrence from External Civil Rights, the contract may be executed. The contract information is submitted to the PSC via the email group CODEPSCReview using [[media:134.5.2 2017.docx|PSC Approval to Execute Supplemental Agreement, <br /> Fig. 134.5.2]]. After PSC approval, the PM/CA will execute the supplemental agreement. The supplemental agreement is executed [[media:134 Docusign.pdf|electronically in DocuSign]]:<br /> <br /> :* Electronic Signatures – Signing agreements electronically in DocuSign will expedite the execution process. The PM/CA must add all recipients in the DocuSign site that need to sign and/or receive an electronic copy (see below) of the fully executed supplemental agreement. <br /> <br /> The PM/CA must send an electronic copy of the fully executed supplemental agreement to various Central Office Divisions. For electronically executed agreements, this is done by cc:/ in DocuSign. The following are the Central Office Divisions that must be notified:<br /> <br /> :* Financial Services Division (email group '''Obligate''' with message '''“Obligate - please obligate funds for the fully executed agreement”''' and provide any specific funding details here, as applicable).<br /> :* Design Division (email group '''CODEPSCReview''' with message '''“CODEPSCReview - fully executed agreement for your records”'''). <br /> <br /> '''Note:''' If federal funds are used, the PM/CA must wait for email notifications from the following Central Office Divisions before issuing Notice to Proceed to the consultant:<br /> :* Financial Services indicating the obligation of funds is complete<br /> :* External Civil Rights (ECR) indicating concurrence in DBE participation<br /> <br /> If federal funds were used to finance the contract, Financial Services submits a copy of the executed contract to the FHWA Finance Section for approval. Federal funds will not be paid for charges to the contract prior to FHWA approval. Any supplemental agreements are also submitted to the FHWA after execution.<br /> <br /> &lt;u&gt;Notice to Proceed Letter &lt;/u&gt;<br /> <br /> The PM/CA is responsible for sending a [[media:134.4.2 2016.docx|Notice to Proceed (NTP) Letter (Fig. 134.4.2)]] to the consultant. The NTP cannot be sent prior to: <br /> :* Receiving DBE concurrence from External Civil Rights. <br /> :* Execution of the contract <br /> :* Obligation of federal funds by Financial Services.<br /> <br /> ===134.5.3 Consultant Contract Close-Out===<br /> To close out a consultant contract the PM/CA must notify Design, External Civil Rights and Financial Services that the last invoice is the FINAL invoice and no further payments will be processed. The PM/CA must change the Agreement Status to “Completed” in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements] to initiate the retention schedule of the document and to accurately track open/closed contracts. See [[#134.5.1 Invoicing|EPG 134.5.1 Invoicing]] for information on invoicing and the appropriate email addresses to send the FINAL invoices. Contracts include a requirement for a three-year retention of records after the final voucher is submitted in FMIS by Financial Services.<br /> <br /> '''Final Audit.''' MoDOT conducts a final audit to determine total allowable contract costs, unless the contract is on a firm, fixed-price basis. Allowable cost principles are identified based on the experience of MoDOT personnel in administering past contracts and in accordance with applicable requirements of 2 CFR 200.400, Federal Acquisition Regulation (FAR), and [http://www.fhwa.dot.gov/programadmin/23cfr172.cfm 23 CFR 172, Administration of Engineering and Design Related Service Contracts]. <br /> <br /> The PM/CA is responsible for notifying Design when the contract is substantially complete. The final audit may be conducted any time after the project is let; the consultant contract need not be completed for the final audit to be conducted. <br /> <br /> Should MoDOT agree prior to contract execution that it is necessary for a consultant to purchase special equipment, materials, or property to accomplish the required services, MoDOT will establish a before and after value and will receive an appropriate credit for any residual values. This credit is passed on to FHWA.<br /> <br /> ===134.5.4 Consultant Performance Appraisals===<br /> The MoDOT PM/CA must perform an [http://netprod3/DesignConsultant/Questionnaire Online Evaluation] of the consultant’s performance under any engineering services contract with MoDOT at each project milestone and at a minimum, on an annual basis during the term of the consultant’s services provided by the contract. Input for the evaluation should be requested from other divisions that may have project experience with the company, such as the Environmental section, or Construction Division. MoDOT’s PM/CA also completes a final comprehensive evaluation of the consultant’s performance within 30 days after contract completion. The evaluation is included in the project file. MoDOT personnel complete another evaluation of the consultant’s performance within 30 days of completion of the construction phase of the project. The evaluation must contain written comments on how the evaluation was determined. All evaluation comments must be factual and not based upon personal opinion, i.e. all comments must be able to be backed up by actual facts.<br /> <br /> Upon completing any evaluation, furnish a copy to the consultant prior to meeting with the district or division project manager to discuss the evaluation. These evaluations are included in MoDOT’s Design Consultant Database and are used during consideration of the consultant for future work assignments. The PM/CA is defined as the project manager, or other person who is responsible for reviewing and approving the consultant’s invoices.<br /> <br /> ===134.5.5 Restitution for Errors and Omissions===<br /> At times, errors or omissions in the project design or in the information provided for the project may become evident during a project’s bidding or construction phases. When this occurs, the causes surrounding the errors or omissions are investigated to determine a final resolution, which may require financial restitution. A face-to-face meeting between the DE and the consultant will take place to discuss the situation. <br /> <br /> The procedure for investigating errors or omissions is: <br /> <br /> :1. Contractor/RE initializes a change order with the reason code – CD ([https://epg.modot.mo.gov/files/b/b4/Recovery_of_Cost_Due_to_Consultant_Design_Error.doc Consultant Design Error]). The RE and PM from Construction and Design review the change order and develop recommendation for action and assessment of both direct and indirect costs. <br /> <br /> :2. The District Construction and Material Engineer and the District Engineer review and provide comments. <br /> <br /> :3. The District Engineer reviews and makes final district recommendations. Form is forwarded to the Construction Division. <br /> <br /> :4. The Construction Division Liaison Engineer, the Design Division Liaison Engineer and CCO jointly make the final decision regarding pursuit of reimbursement. The district is informed of the decision. <br /> <br /> :5. If the decision is to pursue recovery of costs, then CCO drafts a “Letter of Notice” for the District Engineer’s signature. <br /> <br /> :6. The District Engineer sends the Letter of Notice to the Financial Services Division – Accounts Receivable Section (FS A/R) requesting an invoice be created. A copy is to be sent to the Design Division. <br /> <br /> :7. Upon receipt of DE’s Letter of Notice to the design consultant, Financial Services Division will create an invoice for the claim and submit it directly to the design consultant with the Letter of Notice. The revenue source code of 1814-05 “Design Consultant Claims” will be used to track reimbursement by design consultants. <br /> <br /> :8. If the consultant does not respond by the “respond by date” in the Letter of Notice, then the Design Liaison Engineer presents the background information to senior management, who decides whether to begin legal proceedings to pursue reimbursement of costs. If legal proceedings are pursued, the Design Liaison Engineer notifies Financial Services Division – Accounts Receivable. <br /> <br /> Should formal dispute resolution as detailed in [[#134.6 Dispute Resolution|EPG 134.6 Dispute Resolution]] be initiated during the above procedure, the following steps will ensure MoDOT receives payment: <br /> <br /> :1. The PM/CA, with the help of CCO, prepares and provides the FS Director with a letter from the State Design Engineer to the consultant indicating the Dispute Resolution Committee’s (DRC) decision and the dollar amount of restitution. <br /> <br /> :2. The FS Director prepares an invoice for the restitution payment and sends it to the consultant with the letter from the State Design Engineer. A copy of the letter and invoice is provided to the Design Division and the district. These documents indicate the payment is made to Department of Revenue – Credit State Road Fund and mailed to: <br /> <br /> :::Missouri Department of Transportation <br /> :::Financial Services<br /> :::P.O. Box 270 <br /> :::Jefferson City, Mo. 65102 <br /> <br /> :The FS Director will track the invoice to ensure payment is received from the consultant in a timely manner.<br /> <br /> ===134.5.6 Incentive and Disincentive Program===<br /> <br /> MoDOT has instituted an incentive and disincentive program with the consulting industry to assure that consultants: <br /> <br /> :1. Deliver the most cost-efficient design that provides the right solution to the identified need (i.e., Practical Design) <br /> :2. Deliver quality plans <br /> :3. Deliver the roadway and bridge design plans on time as required in the contract <br /> :4. Prepare construction cost estimates that are within an acceptable range of the contract award amount.<br /> <br /> The incentive and/or disincentives vary according to the listed category. This program will not be used on every MoDOT roadway and bridge design contract. The incentive and disincentives will be used in whole or in part on major projects that are critical to MoDOT accountability with the public. Fifty percent of the fixed fee is the maximum disincentive that can be incurred. When the district requests approval from the PSC chair to solicit consultant services, the approval will specify whether the contract will or will not include the incentive/disincentive program. Project specific incentives and disincentives will be noted in the contract agreement. <br /> <br /> '''Cost-effective Design (Practical Design) and Quality Plans.''' The consultant’s performance on delivering the most cost-efficient design that provides the right solution for the identified need will become a part of the consultant performance evaluation. Quality of Plans will be based on the score for overall performance. <br /> <br /> Evaluation scores must be considered on all future contract selections. Consultants who perform poorly or who do not deliver cost-effective designs will not be considered for future contracts until they demonstrate to MoDOT that significant changes have been made within their company to address the concerns. The PSC will monitor this performance and MoDOT staff will be kept informed on the status of any firms that are not being allowed to compete for projects. <br /> <br /> '''Deliver Roadway and Bridge Design Plans on Time. '''<br /> <br /> :'''Right of Way Plans.''' The project manager should use the flowchart below to determine whether the incentives or disincentive are applicable based on the scheduled delivery date contained in the current contract or supplemental agreement. If changes are made by MoDOT that impact scheduling, the letting date may be re-negotiated .<br /> <br /> [[Image:Design Plan Delivery Flow Chart.png|center|600px]]<br /> <br /> <br /> :'''Final Plans, Surveys, and Estimates.''' The project manager should use the flowchart below to determine whether the incentive or disincentive is applicable based on the scheduled delivery date contained in the current contract or supplemental agreement. If changes are made by MoDOT that impact scheduling, the letting date will be re-negotiated. <br /> <br /> [[Image:PS&amp;E Delivery Flow Chart.png|center|600px]]<br /> <br /> <br /> :'''Accurate Cost Estimates''' are critical for MoDOT to be able to deliver the program promised to the public. Program estimates are published in the STIP and each district programs sufficient projects each year to spend every dollar allocated. Poor estimating causes MoDOT numerous problems at letting. Once the project budget has been set it is then the design consultant’s responsibility to design a good project that satisfies the purpose and need within that budget. The project manager should use the flowchart below to determine whether the consultant qualifies for an incentive or disincentive based on their project estimates. <br /> <br /> [[Image:Incentive Disincentive Decision Flow Chart.png|center|600px]]<br /> <br /> <br /> ==134.6 Dispute Resolution==<br /> <br /> [[Image:134.3.3.jpg|center|750px]]<br /> <br /> Once a consultant is selected to work for MoDOT, circumstances may arise that lead to a dispute between MoDOT’s PM/CA and the consultant. In most cases, a complete understanding and recognition of each party’s concerns will result in successful resolution of the disagreement. However, when that is not the case, this [[#Dispute Resolution Process (DRP)|dispute resolution procedure]] is used. <br /> <br /> The relationship between the consultant and MoDOT is a professional contractual relationship. All parties to the contract should understand the dispute resolution process. The PM/CA and the consultant should make every attempt to fully understand the dispute and express honest statements of fact prior to initiating formal dispute resolution. In this context, the PM/CA is defined as the person who authorizes MoDOT’s payment of the consultant invoices. <br /> <br /> Before initiating formal dispute resolution, the following activities should occur: <br /> <br /> :1. The district engineer, or division engineer (hereinafter indicated by “DE”) prepares a letter to the consultant outlining the contested issues. <br /> <br /> :2. The disputing parties (project manager level for both MoDOT and consultant) participate in a face-to-face meeting. <br /> <br /> :3. The consulting firm conveys the firm’s recommendations for resolving the dispute. <br /> <br /> :4. MoDOT’s representative discusses the consultant’s proposed resolution and responds in a letter, either accepting the proposal or offering a rebuttal. <br /> <br /> :5. MoDOT and the consultant attempt to negotiate a settlement. <br /> <br /> If the PM/CA and the consultant reach an agreement that provides the consultant with payment greater, or less than the contract maximum, the PM/CA needs to initiate a supplemental agreement and follow normal procedures to get the supplemental agreement executed, including approval by the PSC. If no settlement is forthcoming, formal dispute resolution is initiated. <br /> <br /> ===134.6.1 Initiating Formal Dispute Resolution===<br /> When attempts between the PM/CA and the consultant have failed to resolve the disagreement, the consultant should enumerate the firm’s concerns in a letter to the DE, thereby initiating formal dispute resolution. A Dispute Resolution File should be started by the PM/CA. <br /> <br /> Disagreements may arise over the scope of services, fees, hours, the consultant evaluation, errors and omissions, or other issues. Initiation of the resolution process will in no way be reflected on negatively in the consultant’s performance evaluation. The consultant’s letter to the DE should specifically outline the disagreement and the consultant’s view of the issues. This detailed letter must include: <br /> <br /> :1. A clear description of the items that are being disputed <br /> :2. What the consultant desires to resolve the dispute <br /> :3. Background—the sequence of events that led to the dispute <br /> :4. Documentation to support the request <br /> :5. All correspondence between the parties relating to the items in dispute (including e-mail) <br /> :6. A listing of previous attempts to resolve the issue (including e-mail) <br /> :7. A copy of the contract and any supplemental agreements <br /> <br /> Upon receiving the consultant’s letter and documentation, the DE will have the PM/CA prepare a similar letter, also addressed to the DE, outlining the administrator’s view of the disagreement with particular attention to the information in the consultant’s letter. MoDOT may also initiate formal dispute resolution by the PM/CA sending a letter, under the DE’s signature, to the consultant contact listed in the contract. The consultant should be directed to respond to the department’s letter. As a courtesy, the PM/CA should notify the consultant project manager before writing this letter. <br /> <br /> ===134.6.2 Dispute Review by District or Division Engineer===<br /> The PM/CA transmits the letter documenting the issues of the dispute, with the consultant’s letter attached, to MoDOT’s DE for review. In addition, the DE also notifies the Assistant Chief Engineer and the State Design Engineer that formal dispute resolution has been initiated. With this notice, the State Design Engineer begins tracking the dispute resolution process. Whenever the two parties in the dispute reach a resolution, the State Design Engineer should be notified of the following: <br /> <br /> :1. Where in the process resolution was reached <br /> :2. The date resolution was reached <br /> :3. What resolution was reached <br /> <br /> The DE evaluates the information in the letters, discussing it with the PM/CA and the consultant project manager as necessary. <br /> <br /> ===134.6.3 Meeting of the Two Parties===<br /> The DE arranges a meeting with the consultant principal. If an agreement is reached after discussion between the DE and the consultant principal, the DE provides a letter to the firm indicating the terms of the agreement. However if agreement is still not reached, the dispute may be taken to the Dispute Resolution Committee. <br /> <br /> ===134.6.4 Dispute Resolution Committee===<br /> The Dispute Resolution Committee (DRC) is comprised of the Assistant Chief Engineer (acting as chair), Director of External Civil Rights, and Chief Financial Officer. In preparation for the DRC’s meeting, the DE will share written details of the formal dispute resolution’s outcome to this point with the State Design Engineer who then facilitates the DRC procedures. The committee will review this information together with other background information, including the original letters from the PM/CA and the consultant project manager outlining the dispute. When the committee meets, all representatives of the disputing parties are given the opportunity to attend. The DRC discusses the issues with the disputing parties and tries to reach a resolution satisfactory to both parties. If a resolution cannot be reached, an offer of mediation is made to the two parties. Should both parties agree to use mediation to settle the claim, they will share the cost of mediation equally. <br /> <br /> If an agreement is reached, the DRC sends the consultant a letter outlining the resolution of the dispute. <br /> <br /> ===134.6.5 Mediation===<br /> A mediator is an outside party who facilitates a discussion between the disputing parties and enables them to explore options to reach agreement. Responsibility for dispute resolution is solely that of MoDOT and the consultant. The mediator has knowledge of the process and the general terms of the dispute but is not intimately knowledgeable of all project details. <br /> <br /> After the consultant has accepted MoDOT’s offer for mediation, the State Design Engineer is responsible for making arrangements for a mediator. This includes selecting an approved mediator from a list (developed jointly by ACEC and MoDOT) and arranging the time and place of the meeting. Participants at the meeting are limited to the DE, the DRC’s chair, the consultant principal, and the mediator. Others, including the PM/CA and the consultant project manager, are not active participants in this meeting but may provide information if the mediator so requests. Legal representation is optional. The disputing parties are responsible for their own costs associated with the mediation but will share all expenses associated with the mediator equally. <br /> <br /> Should the mediation result in the dispute’s resolution, the DRC sends the consultant a letter explaining the resolution of the dispute. However, should the mediation not result in resolution of the dispute, the issue is forwarded to MoDOT's Chief Engineer for final action. <br /> <br /> ===134.6.6 Final Decision by the DRC===<br /> When mediation fails, the State Design Engineer will notify the DRC and MoDOT’s Chief Engineer and provide any additional information gathered during the mediation process. The Chief Engineer will review the information provided and if desired, meet with the members of the DRC to discuss the results of the dispute resolution process up to that point. Upon decision by the Chief Engineer, the State Design Engineer provides a letter to the DE and the consultant principal informing them of the decision. When the consultant receives the letter from the State Design Engineer outlining the decision of the Chief Engineer, the firm may respond; however, formal dispute resolution will have been completed and MoDOT will not entertain further appeals from the consultant. <br /> <br /> &lt;div id=&quot;Dispute Resolution Process (DRP)&quot;&gt;&lt;/div&gt; <br /> <br /> <br /> [[Image:134.3.3.7.jpg|center|650px]]<br /> &lt;font color = &quot;white&quot;&gt;ko&lt;/font color = &quot;white&quot;&gt; <br /> &lt;center&gt;'''Dispute Resolution Process (DRP)'''&lt;/center&gt;<br /> &lt;font color = &quot;white&quot;&gt;ko&lt;/font color = &quot;white&quot;&gt;</div>

Hallej1 https://epgtest3.modot.org/index.php?title=Job_Special_Provisions&diff=52348 2023-02-28T16:30:13Z

<p>Hallej1: </p> <hr /> <div>{| class=&quot;wikitable wikitable mw-collapsible mw-collapsed sortable&quot; <br /> |+ class=&quot;nowrap&quot; style=&quot;font-size:1.5em; text-align:left;&quot; | Provision<br /> |- <br /> ! Name !! JSP Title !! Explanatory Notes !! Current Version !! Revision Date<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP-Formatting-Guide.docx JSP Formatting Guide] || _Roadway Job Special Provision Formatting Instructions || This format is to be used by all when writing provisions in order to create uniformity in project proposals. || JSP_Format_Guide || 4/3/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP_Roadway_Template.docx JSP_Roadway_Template] || _Roadway Job Special Provision Template || This template is to be used for Roadway Job Special Provisions. Choose the appropriate signature block and provide the necessary provisions according to the template provided. || Template || 11/30/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0607.docx JSP0607] || 3 - or 4 - Strand High Tension Guard Cable || This provision should be used when high tension guard cable is specified. || JSP-06-07D || 11/3/2021 <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9314.docx JSP9314] || Accelerating the Completion of Closure Work (Incentive/Disincentive Clause) || This provision is commonly known as A+B bidding. || JSP-93-14C || 12/5/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1001.docx JSP1001] || ADA Compliance and Final Acceptance Of Constructed Facilities || This provision is required on all projects with sidewalks or curb ramps. || JSP-10-01C || 1/23/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1203.docx JSP1203] || Add Alternate Section (Per Project) || || JSP-12-03A || 7/14/2016<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1602.docx JSP1602] || Adjusting Guardrail || For minor routes only. This provision is to be used when the substandard height guardrail will be raised to a minimum of 27 3/4&quot;. Repair of guardrail should be addressed with separate pay items. || JSP-16-02A || 4/19/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1509.docx JSP1509] || Airport Requirements || This provision is for use on projects near a public use airport or heliport or is more than 200 feet above existing ground level. || JSP-15-09 || 7/9/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9604.docx JSP9604] || Alternate for Pavements || This provision should be used for projects with 7,500 SY of continuous full depth pavement or 14,000 SY of full depth pavement at various locations. || JSP-96-04G || 1/4/2017<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0905.docx JSP0905] || Alternates for Slab Stabilization || This provision should be used when slab stabilization operations are included in the contract to define the bidding requirements of the different materials for this type of work. || JSP-09-05 || 10/21/2009<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2001.docx NJSP2001] || Balanced Mix Design Performance Testing * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-20-01C || 8/31/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2108.docx NJSP2108] || Balanced Mix Design Performance Testing for Job Mix Approval * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-21-08|| 11/17/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9327.docx JSP9327] || Changeable Message Sign (Commission Furnished) || || JSP-93-27 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1805.docx NJSP1805] || Class VI Riprap * || * Limited Use. This provision is a revised Spec to better align with the need we have when rock much larger than the Rock Blanket Spec is needed. Contact Bridge Division &amp; Construction and Materials Division prior to use. || NJSP-18-05B || 6/20/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2102.docx NJSP2102] || Clean Water Act Section 404 Permit Requirements * || * Limited Use. For use by Design Division - Environmental Section only, as they will add this provision to the RES for required projects. || NJSP-21-02 || 1/15/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0415.docx JSP0415] || Concrete Planing || This provision is to be used when concrete planing is specified. &lt;/br&gt; If there are questions on whether concrete planing should be included on a specific project, Construction and Materials Division should be consulted. || JSP-04-15 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1301.docx JSP1301] || Contract Liquidated Damages || This provision is required on all projects except Job Order Contracts and must be provision &quot;B&quot; in the set of provisions. || JSP-13-01B || 4/1/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0106.docx JSP0106] || Contractor Furnished/Commission Retained Temporary Type F Concrete Traffic Barrier || This provision should only be used when the district decides to retain contractor furnished barrier sections. If the district does not specifically intend to retain barrier sections, Sec 617 of the standard specifications covers Concrete Traffic Barrier. || JSP-01-06 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1542.docx NJSP1542] || Contractor Quality Control || This provision is required on all projects EXCEPT for JOCs and projects with Quality Management provision. || NJSP-15-42 || 4/20/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1521.docx NJSP1521] || Contractor Quality Control For Plant Mix Bituminous Surface Leveling || Required when project includes bid item 402-05.20 - Bituminous Pavement Mixture PG64-22 (Surface Leveling). QM or QC provisions are required when other types of asphalt or concrete paving are in a project. || NJSP-15-21A || 10/6/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9908.docx JSP9908] || Demolition and Removal Contract || Must be included in demolition and removal contracts when MoDOT doesn't have possession of all parcels or an asbestos survey are not completed on all structures, prior to letting. NTP must be issued. || JSP-99-08 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1505.docx JSP1505] || Disposition of Existing Signal/Lighting and Network Equipment || To be used when signal/lighting or communication is to be removed by the contractor and retained by the commission. || JSP-15-05A || 5/1/2017<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9706.docx JSP9706] || Division 100 Revisions for Complex Projects || This provision is used on complex projects and those with major bridge work as determined by the State Design Engineer. Per 105.16 and 108.4 additional detail documentation is required. A+B Bidding (JSP-93-14) should not be used with this provision. || JSP-97-06 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1607.docx JSP1607] || Dynamic Late Merge Sysytem (Zipper Merge) || || JSP-16-07A || 12/10/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1905.docx NJSP1905] || Electronic Ticketing * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-19-05B || 4/9/2020<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9011.docx JSP9011] || Emergency Provisions and Incident Management || This provision is required on all projects and provides contact information for the local law enforcement and fire departments. || JSP-90-11A || 4/19/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2201.docx NJSP2201] || Full Depth Reclamation * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-22-01A || 3/14/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0902.docx JSP0902] || General - Federal || This provision is required in all federally funded contracts. || JSP-09-02H || 4/21/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0903.docx JSP0903] || General - State || This provision is required in all state funded contracts. || JSP-09-03H || 4/21/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0904.docx JSP0904] || General - State Non-Prevailing Wages || Use this provision on any state funded non-construction project. || JSP-09-04H || 4/21/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0401.docx JSP0401] || Geosynthetic Interlayer Specification for Highway Applications * || *Limited use. Only as Approved by Construction and Materials Division. &lt;/br&gt; The Geosynthetic Interlayer Specification is designed to provide a moisture barrier/stress relieving membrane to be placed beneath a hot-mix asphalt (HMA) Overlay. || JSP-04-01 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9709.docx JSP9709] || Geosynthetic Reinforced Soil Slope System || || JSP-97-09 || 5/20/2011<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1702.docx JSP1702] || Guardrail Grading Requirements || This provision is for use on projects that require grading for guardrail and end treatment replacements. || JSP-17-02B || 4/19/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2202.docx JSP2202] || Guardrail Posts in Concrete || Use this provision when guardrail posts are installed or removed from concrete pavement or drain basins. || JSP-22-02 || 11/30/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1513.docx NJSP1513] || High Friction Surface Treatment || || NJSP-15-13B || 9/22/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9704.docx JSP9704] || High Performance Concrete for Precast Bridge Units || || JSP-97-04 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1903.docx NJSP1903] || Hot Applied Seal Coat * || *Limited use. Requires approval from by Construction and Materials Division || NJSP-19-03 || 6/20/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0202.docx JSP0202] || Hot-Mix Asphalt Overlay on Rubblized Concrete * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || JSP-02-02 || 10/9/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1808.docx NJSP1808] || Intelligent Compaction - Surface Leveling * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-18-10 || 10/1/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1810.docx NJSP1810] || Intelligent Compaction * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-18-08C || 7/8/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP8901.docx JSP8901] || Johnson Grass Control || || JSP-89-01 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1503.docx JSP1503] || Law Enforcement In The Workzone || For use on projects which will include workzone enforcement. || JSP-15-03 || 3/17/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0305.docx JSP0305] || Liquidated Damages / Liquidated Savings Specified || This provision is for use to motivate the contractor to complete the work in a specific time frame as set up by the District. The description of the work should be complete and directly related to the Damage/Savings amount set up. || JSP-03-05A || 6/11/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0417.docx JSP0417] || Liquidated Damages for Winter Months || This provision should be used on projects where the primary work can be performed during the winter months, such as bridge construction. || JSP-04-17A || 4/30/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9328.docx JSP9328] || Liquidated Damages Specified || This provision should be used when there is milestone date that must be met such as opening the road to traffic before a special event in the area. || JSP-93-28 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0306.docx JSP0306] || Liquidated Savings Specified || For use to motivate the contractor to complete the work in a specific time frame as set up by the District. Ensure that the description of the work in question is complete as possible and directly related to the Damage/Savings amount set up. || JSP-03-06A || 6/11/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2101.docx NJSP2101] || Low Type Asphalt Requirements * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-21-01A || 7/26/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1515.docx NJSP1515] || Low-Tracking or Non-Tracking Tack Coat || This provision may be used on roadways located within an urban area where tracking from the tack coat operation would lead to aesthetic damage to the surrounding commercial driveways and parking lots. || NJSP-15-15H || 8/2/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2201.docx JSP2201] || Lump Sum Temporary Traffic Control || This provision allows qualifying temporary traffic control devices to be lumped together. || JSP-22-01 || 11/21/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1704.docx NJSP1704] || Macrotexture Surface for Ultrathin Bonded Asphalt Wearing Surface Requirement * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-17-04A || 11/17/2017<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0413.docx JSP0413] || Masonry Construction || || JSP-04-13 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1539.docx NJSP1539] || Modified Bituminous Pavement Mixture (BP-2) || Allows districts to use modify BP-2 gradation to be laid thinner than 1.5 or 2&quot; || NJSP-15-39A || 9/23/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1511.docx NJSP1511] || Modified Bonded Asphaltic Concrete Pavement * || * Limited Use. Requires approval from Construction and Materials prior to use. || NJSP-15-11C || 11/12/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1806.docx JSP1806] || MoDOT Retained Guardrail || Use this provision when MoDOT wishes to retain guardrail that is being removed. || JSP-18-06 || 6/12/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1517.docx NJSP1517] || MoDOT’S Construction Workforce Program || Required for all projects listed on the Construction Workforce Program Project List. &lt;/br&gt; Contact PM for details. || JSP-15-17A || 8/19/2016<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0011.docx JSP0011] || Mowing || Use this provision on projects requiring significant mowing during construction. District Maintenance should identify projects, mowing locations and No. of mowings. If only for specific areas, those areas need to be identified in the special provision. || JSP-00-11 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2202.docx NJSP2202] || Multi-Year, Multi-Location Project || This provision should only be used in proposals that have one Job Number for multiple overlay routes (locations) and the completion date is such that work is allowed to carry over into a second calendar year. || NJSP-22-02 || 4/20/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0004.docx JSP0004] || NEMA TS2 Traffic Controller Assemblies || This provision is to be used only in special conditions after consulting with District Traffic and as directed or approved by General Headquarters. || JSP-00-04A || 5/24/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2105.docx NJSP2105] || No Open Burning || This provision should be used when open burning is prohibited. || NJSP-21-05 || 6/9/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1802.docx JSP1802] || Notice to Bidders of Funding by Third Party || This provision is required on any project with funding provided by others. || JSP-18-02A || 5/21/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9819.docx JSP9819] || Notice to Bidders of Third Party Concurrence in Award || This provision is required on any project with funding provided by others in which they have the right by agreement to concur in the award of the contract. || JSP-98-19 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0407.docx JSP0407] || Office for the Engineer || This provision resulted from implementation of the Performance Specifications. Was Sec 615 of the specs. || JSP-04-07 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1518.docx NJSP1518] || Optional Grading Concepts || || NJSP-15-18 || 3/20/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0606.docx JSP0606] || Optional Pavements || This provision should be used for projects which do not meet the criteria for Alt Pavements, specifically those with less than 7,500 SY of continuous full depth pavement or less than 14,000 SY of full depth pavement at various locations. || JSP-06-06H || 9/23/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1303.docx JSP1303] || Optional Shoulder || Use this provision on shouldering projects that will allow for a concrete option when bituminous asphalt is specified. || JSP-13-03A || 9/29/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1533.docx NJSP1533] || Optional Surface Treatment Prior to Asphalt Overlay * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-15-33D || 3/28/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1807.docx NJSP1807] || Optional Temporary Pavement Marking Paint || Use this provision and pay item with all overlay projects that have more than five (5) centerline miles of pavement requiring High Build Waterborne paint AND has a contract completion date of November 1 or later. || NJSP-18-07D || 5/19/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0709.docx JSP0709] || Optional Traffic Signal Detectors || To be used when Optional Traffic Signal Detectors are specified. || JSP-07-09 || 1/3/2011<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0409.docx JSP0409] || Overhead Lighting of Signs || When lighting of overhead signs is required on a project, the following information along with special sheet “ Sign Lighting – Lighting Support Bracket” shall be inserted in the contract documents. || JSP-04-09 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1901.docx NJSP1901] || Partial Depth Concrete Pavement Repair Using Hot Applied Polymer Modified Repair Material *|| * Limited Use. Requires approval by Construction and Materials Division prior to use. || NJSP-19-01A || 10/4/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1705.docx NJSP1705] || Pavement Smoothness for UBAWS * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-17-05A || 4/23/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1809.docx NJSP1809] || Paver-Mounted Thermal Profiles * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-18-09B || 7/8/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1540.docx NJSP1540] || Permanent Aggregate Edge Treatment || May be used when treatment along the edge of a pavement or shoulder is included in an overlay project. Sec 2.1 is only for areas prone to washout. When 2.1 is used, pay item and quantity for 413-40.00, Bituminous Fog Seal, per gallon must be included. || NJSP-15-40B || 2/3/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0408.docx JSP0408] || Placing State Owned Pipe || This provision resulted from implementation of the Performance Specifications. Was Sec 729 of the specs. || JSP-04-08 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1904.docx NJSP1904] || Polyester Polymer Concrete Overlay * ||* Limited use. Requires approval from Construction and Materials Division prior to use. || NJSP-19-04 || 9/13/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1601.docx JSP1601] || Post-Award Value Engineering Change Proposal Workshop * || * Limited use. Requires approval from Design Division prior to use. || JSP-16-01 || 1/8/2016<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0406.docx JSP0406] || Powder Coating * || * Limited use. Requires approval from Construction and Materials Division prior to use. || JSP-04-06 || 10/9/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1609.docx JSP1609] || Prime Contractor Requirements || Requires the BCS Engineer's approval to use this JSP. || JSP-16-09 || 7/14/2016<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9605.docx JSP9605] || Project Contact for Contractor/Bidder Questions || This provision is required on all projects. || JSP-96-05 || 4/19/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0708.docx JSP0708] || Protective Surface Treatment for Concrete - Penetrating Sealers * || * Limited use. Requires approval from Construction and Materials Division prior to use. || JSP-07-08B || 12/6/2016<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1522.docx NJSP1522] || Quality Management || This provision is required on all projects identified as complex by the district. || NJSP-15-22 || 7/1/2014<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2106.docx NJSP2106] || Radar Speed Advisory System || This provision should be used when Radar Speed Advisory System is specified. || NJSP-21-06 || 6/11/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0210.docx JSP0210] || Rapid Set Concrete Patching Material - Horizontal Repair || Formerly JSP-02-01A renamed to follow JSP numbering formatting. || JSP-02-10 || 1/3/2011<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0201.docx JSP0201] || Rapid Set Concrete Patching Material - Vertical and Overhead Repairs || || JSP-02-01|| 8/14/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1902.docx NJSP1902] || Rapid Strength Concrete for Pavement Repair * || *Limited use. Requires approval from Construction and Materials Division prior to use. || NJSP-19-02 || 6/20/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1710.docx NJSP1710] || Red Signal Ahead Sign With LED Light || This provision should be used when placing a red signal ahead sign with an attached LED assembly. || NJSP-17-10A || 2/21/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1706.docx NJSP1706] || Reinforcing Fibers for Bituminous Pavement Material * || * Limited Use. Requires approval from Construction and Materials Division prior to use; ADSR Test Methods Document required with Electronic Deliverables. || NJSP-17-06C || 8/1/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1523.docx NJSP1523] || Rejuvenating Restorative Seal Treatment * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-15-23 || 2/1/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9806.docx JSP9806] || Relocation of Portable Traffic Signal System || || JSP-98-06 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1201.docx JSP1201] || Removal and Delivery of Existing Signs || Use this provision when any existing roadway signs are to be removed from the project. || JSP-12-01B || 7/12/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1701.docx JSP1701] || Required Combination of Calls || This provision is used when required projects with separate funding (ie: state funded and federal funded) projects are to be combined. || JSP-17-01 || 5/1/2017<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1606.docx NJSP1606] || Restrictions for Migratory Birds || Use of this provision should be coordinated with Design Division - Environmental Section. || NJSP-06-06A || 4/11/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1811.docx NJSP1811] || Rigid Geogrid Enhanced Aggregate or Rock Base * || * Limited Use. The intent of this provision is to use rigid geogrid with either a Type 5 or 7 Aggregate Base or with Rock Base (12” or 18”) as shown on the plans. Requires approval from Construction and Materials prior to use. || NJSP-18-11B || 3/12/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1508.docx JSP1508] || Seal Coat Completion of Work || To be used in Seal Coat projects which span multiple seasons. || JSP-15-08 || 6/26/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9705.docx JSP9705] || Section 404 Nationwide Permit Special Conditions || This provision is to be used with any Nationwide Permit when the Corps of Eng. District Engineer places special conditions on the use of the NW Permit. List any special conditions provided in the letter from the Corps authorizing use of the NW Permit. || JSP-97-05 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2003.docx NJSP2003] || Shaping Slopes Class III (Modified Material Requirements) || Use when additional stability is needed for erosion and/or lack of stability of Shaping Slopes Class III with steep in-slopes. || NJSP-20-03B || 1/6/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1527.docx NJSP1527] || Shoulder Grading || || NJSP-15-27A || 1/27/2017<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0605.docx JSP0605] || Slurry and Residue Produced During Surface Treatment of PCCP and Bridge Decks || This provision should be used where diamond grinding or any other surface treatment that would produce slurry residue is specified. Any questions regarding the use of this provision should be directed to the Design Division - Environmental Section. || JSP-06-05A || 1/23/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0707.docx JSP0707] || Snowplowable Raised Pavement Marker Rehabilitation or Removal || This provision should be use when maintenance of SRPMs is included in a project. || JSP-07-07 || 8/7/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2107.docx JSP2107] || Special Consideration of Change Orders and Value Engineering || Use this provision when increased Federal Share has been approved by FHWA for an innovative technology or practice. || JSP-21-07 || 6/21/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1506.docx JSP1506] || Standard Alternate Technical Concepts || To be used on projects using the Standard ATC process which allows prequalified contractors to bid contractor specific bid items through the approval process. || JSP-15-06 || 5/26/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1801.docx JSP1801] || Supplemental Revisions || This provision is required in all contracts. || JSP-18-01X || 11/30/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1528.docx NJSP1528] || Surface Sealing Treatment || May be used on mainline pavement with an existing chip seal surface, on centerline joints, and on shoulder areas. This rescinds earlier guidance. &lt;/br&gt; Use with pay item 4099905, surface sealing treatment. || NJSP-15-28 || 2/22/2017<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1304.docx JSP1304] || Temporary Long Term Rumble Strips || Required when temporary long-term rumble strips are used on a project. Provides information for construction requirements, material information and basis of payment when using long term rumble strips on construction projects. || JSP-13-04C || 5/30/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0705.docx JSP0705] || Tree Clearing Restriction * || * Limited Use. Design Division - Environmental Section should be consulted prior to using this provision. || JSP-07-05B || 2/9/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0410.docx JSP0410] || Use of Crossovers and Truck Entrances || || JSP-04-10 || 4/24/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9326.docx JSP9326] || Utilities || || JSP-93-26F || 12/1/2016<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2203.docx JSP2203] || Void Reducing Asphalt Membrane for Longitudinal Joints (VRAM) || Use when MoDOT wishes to enhance longitudinal joint performance. Contact Construction &amp; Materials Division for additional information. || JSP-22-03 || 11/30/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1507.docx JSP1507] || Winter Months Requirements || To be used for overlay projects that span multiple construction seasons. Developed for the CLC program. || JSP-15-07A || 4/30/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1532.docx NJSP1532] || Work Zone Intelligent Transportation System || || NJSP-15-32 || 3/20/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0206.docx JSP0206] || Work Zone Traffic Management || This provision is required on all projects and must be provision &quot;C&quot; in the set of provisions. || JSP-02-06M || 7/6/2022<br /> |}<br /> <br /> {| class=&quot;wikitable wikitable mw-collapsible mw-collapsed sortable&quot;<br /> |+ class=&quot;nowrap&quot; style=&quot;font-size:1.5em; text-align:left;&quot; | LPA<br /> |- <br /> ! Name !! JSP Title !! Current Version !! Revision Date<br /> |- <br /> | [https://epg.modot.org/forms/JSP/LPA1501.docx LPA1501] || Acceptance of Precast Concrete Members and Panels || LPA-15-01 || <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1502.docx LPA1502] || Acceptance of Structural Steel || LPA-15-02 || <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1507.docx LPA1507] || ADA Compliance and Final Acceptance of Constructed Facilities || LPA-15-07A || 2/9/2023 <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1503.docx LPA1503] || Add Alternates || LPA-15-03 || 8/19/2013<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1504.docx LPA1504] || Alternates For Pavements || LPA-15-04 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1505.doc LPA1505] || Guidelines for Obtaining Environmental Clearance for Project Specific Locations || LPA-15-05 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1509.doc LPA1509] || Liquidated Damages For Winter Months || LPA-15-09 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1510.docx LPA1510] || Liquidated Damages Specified for Entrance Closures || LPA-15-10 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1508.doc LPA1508] || Liquidated Damages Specified for Final Closeout Documentation (Final Payment Documents) || LPA-15-08 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1808.docx LPA1808] || LPA Buy America Requirements || LPA-18-08 || 8/16/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1511.doc LPA1511] || Optional Pavements || LPA-15-11 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1506.doc LPA1506] || Safety Requirements || LPA-15-06 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1513.doc LPA1513] || Utilities || LPA-15-13 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1512.doc LPA1512] || Work Zone Traffic Management Plan (Traffic Control) || LPA-15-12 ||<br /> |}<br /> <br /> {| class=&quot;wikitable wikitable mw-collapsible mw-collapsed sortable&quot;<br /> |+ class=&quot;nowrap&quot; style=&quot;font-size:1.5em; text-align:left;&quot; | JSP Packages<br /> |-<br /> ! Name !! JSP Title !! Explanatory Notes !! Revision Date<br /> |-<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_ASPHALT_2023.docx JOC_ASPHALT_2023] || Asphalt Pavement Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 12/13/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_BRIDGE_2023.docx JOC_BRIDGE_2023] || Bridge Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 12/13/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/CLC_Book_Job_JSPs.docx CLC Book Job JSPs] || CLC Book Job JSPs || Use this JSP package when submitting FY 2023 CLC Book Job projects without plans. || 5/16/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/CLC_JSPs.doc CLC_JSPs] || CLC JSP Package || Use this JSP package on FY 2023 CLC projects. || 5/16/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_CONCRETE_2023.docx JOC_CONCRETE_2023] || Concrete Pavement Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 12/13/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_FENCE_2023.docx JOC_FENCE_2023] || Fence JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 12/13/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_GUARD_CABLE_2023.docx JOC_GUARD_CABLE_2023] || Guard Cable Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 12/13/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_GUARDRAIL_2023.docx JOC_GUARDRAIL_2023] || Guardrail Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 1/19/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/Seal_Coat_Book_Job_JSPs.doc Seal_Coat_Book_Job_JSPs] || Seal Coat Book Job JSP Package || Use this JSP package when submitting FY 2023 Seal Coat Book Job projects without plans. || 5/16/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/Seal_Coat_JSPs.doc Seal_Coat_JSPs] || Seal Coat JSP Package || Use this JSP package with all FY 2023 Seal Coat projects. || 5/16/2022<br /> |}</div>

Hallej1 https://epgtest3.modot.org/index.php?title=Job_Special_Provisions&diff=52325 2023-02-10T18:38:32Z

<p>Hallej1: </p> <hr /> <div>{| class=&quot;wikitable wikitable mw-collapsible mw-collapsed sortable&quot; <br /> |+ class=&quot;nowrap&quot; style=&quot;font-size:1.5em; text-align:left;&quot; | Provision<br /> |- <br /> ! Name !! JSP Title !! Explanatory Notes !! Current Version !! Revision Date<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP-Formatting-Guide.docx JSP Formatting Guide] || _Roadway Job Special Provision Formatting Instructions || This format is to be used by all when writing provisions in order to create uniformity in project proposals. || JSP_Format_Guide || 4/3/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP_Roadway_Template.docx JSP_Roadway_Template] || _Roadway Job Special Provision Template || This template is to be used for Roadway Job Special Provisions. Choose the appropriate signature block and provide the necessary provisions according to the template provided. || Template || 11/30/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0607.docx JSP0607] || 3 - or 4 - Strand High Tension Guard Cable || This provision should be used when high tension guard cable is specified. || JSP-06-07D || 11/3/2021 <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9314.docx JSP9314] || Accelerating the Completion of Closure Work (Incentive/Disincentive Clause) || This provision is commonly known as A+B bidding. || JSP-93-14C || 12/5/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1001.docx JSP1001] || ADA Compliance and Final Acceptance Of Constructed Facilities || This provision is required on all projects with sidewalks or curb ramps. || JSP-10-01C || 1/23/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1203.docx JSP1203] || Add Alternate Section (Per Project) || || JSP-12-03A || 7/14/2016<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1602.docx JSP1602] || Adjusting Guardrail || For minor routes only. This provision is to be used when the substandard height guardrail will be raised to a minimum of 27 3/4&quot;. Repair of guardrail should be addressed with separate pay items. || JSP-16-02A || 4/19/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1509.docx JSP1509] || Airport Requirements || This provision is for use on projects near a public use airport or heliport or is more than 200 feet above existing ground level. || JSP-15-09 || 7/9/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9604.docx JSP9604] || Alternate for Pavements || This provision should be used for projects with 7,500 SY of continuous full depth pavement or 14,000 SY of full depth pavement at various locations. || JSP-96-04G || 1/4/2017<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0905.docx JSP0905] || Alternates for Slab Stabilization || This provision should be used when slab stabilization operations are included in the contract to define the bidding requirements of the different materials for this type of work. || JSP-09-05 || 10/21/2009<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2001.docx NJSP2001] || Balanced Mix Design Performance Testing * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-20-01C || 8/31/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2108.docx NJSP2108] || Balanced Mix Design Performance Testing for Job Mix Approval * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-21-08|| 11/17/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9327.docx JSP9327] || Changeable Message Sign (Commission Furnished) || || JSP-93-27 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1805.docx NJSP1805] || Class VI Riprap * || * Limited Use. This provision is a revised Spec to better align with the need we have when rock much larger than the Rock Blanket Spec is needed. Contact Bridge Division &amp; Construction and Materials Division prior to use. || NJSP-18-05B || 6/20/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2102.docx NJSP2102] || Clean Water Act Section 404 Permit Requirements * || * Limited Use. For use by Design Division - Environmental Section only, as they will add this provision to the RES for required projects. || NJSP-21-02 || 1/15/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0415.docx JSP0415] || Concrete Planing || This provision is to be used when concrete planing is specified. &lt;/br&gt; If there are questions on whether concrete planing should be included on a specific project, Construction and Materials Division should be consulted. || JSP-04-15 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1301.docx JSP1301] || Contract Liquidated Damages || This provision is required on all projects except Job Order Contracts and must be provision &quot;B&quot; in the set of provisions. || JSP-13-01B || 4/1/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0106.docx JSP0106] || Contractor Furnished/Commission Retained Temporary Type F Concrete Traffic Barrier || This provision should only be used when the district decides to retain contractor furnished barrier sections. If the district does not specifically intend to retain barrier sections, Sec 617 of the standard specifications covers Concrete Traffic Barrier. || JSP-01-06 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1542.docx NJSP1542] || Contractor Quality Control || This provision is required on all projects EXCEPT for JOCs and projects with Quality Management provision. || NJSP-15-42 || 4/20/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1521.docx NJSP1521] || Contractor Quality Control For Plant Mix Bituminous Surface Leveling || Required when project includes bid item 402-05.20 - Bituminous Pavement Mixture PG64-22 (Surface Leveling). QM or QC provisions are required when other types of asphalt or concrete paving are in a project. || NJSP-15-21A || 10/6/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9908.docx JSP9908] || Demolition and Removal Contract || Must be included in demolition and removal contracts when MoDOT doesn't have possession of all parcels or an asbestos survey are not completed on all structures, prior to letting. NTP must be issued. || JSP-99-08 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1505.docx JSP1505] || Disposition of Existing Signal/Lighting and Network Equipment || To be used when signal/lighting or communication is to be removed by the contractor and retained by the commission. || JSP-15-05A || 5/1/2017<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9706.docx JSP9706] || Division 100 Revisions for Complex Projects || This provision is used on complex projects and those with major bridge work as determined by the State Design Engineer. Per 105.16 and 108.4 additional detail documentation is required. A+B Bidding (JSP-93-14) should not be used with this provision. || JSP-97-06 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1607.docx JSP1607] || Dynamic Late Merge Sysytem (Zipper Merge) || || JSP-16-07A || 12/10/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1905.docx NJSP1905] || Electronic Ticketing * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-19-05B || 4/9/2020<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9011.docx JSP9011] || Emergency Provisions and Incident Management || This provision is required on all projects and provides contact information for the local law enforcement and fire departments. || JSP-90-11A || 4/19/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2201.docx NJSP2201] || Full Depth Reclamation * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-22-01A || 3/14/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0902.docx JSP0902] || General - Federal || This provision is required in all federally funded contracts. || JSP-09-02H || 4/21/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0903.docx JSP0903] || General - State || This provision is required in all state funded contracts. || JSP-09-03H || 4/21/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0904.docx JSP0904] || General - State Non-Prevailing Wages || Use this provision on any state funded non-construction project. || JSP-09-04H || 4/21/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0401.docx JSP0401] || Geosynthetic Interlayer Specification for Highway Applications * || *Limited use. Only as Approved by Construction and Materials Division. &lt;/br&gt; The Geosynthetic Interlayer Specification is designed to provide a moisture barrier/stress relieving membrane to be placed beneath a hot-mix asphalt (HMA) Overlay. || JSP-04-01 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9709.docx JSP9709] || Geosynthetic Reinforced Soil Slope System || || JSP-97-09 || 5/20/2011<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1702.docx JSP1702] || Guardrail Grading Requirements || This provision is for use on projects that require grading for guardrail and end treatment replacements. || JSP-17-02B || 4/19/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2202.docx JSP2202] || Guardrail Posts in Concrete || Use this provision when guardrail posts are installed or removed from concrete pavement or drain basins. || JSP-22-02 || 11/30/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1513.docx NJSP1513] || High Friction Surface Treatment || || NJSP-15-13B || 9/22/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9704.docx JSP9704] || High Performance Concrete for Precast Bridge Units || || JSP-97-04 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1903.docx NJSP1903] || Hot Applied Seal Coat * || *Limited use. Requires approval from by Construction and Materials Division || NJSP-19-03 || 6/20/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0202.docx JSP0202] || Hot-Mix Asphalt Overlay on Rubblized Concrete * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || JSP-02-02 || 10/9/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1808.docx NJSP1808] || Intelligent Compaction - Surface Leveling * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-18-10 || 10/1/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1810.docx NJSP1810] || Intelligent Compaction * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-18-08C || 7/8/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP8901.docx JSP8901] || Johnson Grass Control || || JSP-89-01 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1503.docx JSP1503] || Law Enforcement In The Workzone || For use on projects which will include workzone enforcement. || JSP-15-03 || 3/17/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0305.docx JSP0305] || Liquidated Damages / Liquidated Savings Specified || This provision is for use to motivate the contractor to complete the work in a specific time frame as set up by the District. The description of the work should be complete and directly related to the Damage/Savings amount set up. || JSP-03-05A || 6/11/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0417.docx JSP0417] || Liquidated Damages for Winter Months || This provision should be used on projects where the primary work can be performed during the winter months, such as bridge construction. || JSP-04-17A || 4/30/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9328.docx JSP9328] || Liquidated Damages Specified || This provision should be used when there is milestone date that must be met such as opening the road to traffic before a special event in the area. || JSP-93-28 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0306.docx JSP0306] || Liquidated Savings Specified || For use to motivate the contractor to complete the work in a specific time frame as set up by the District. Ensure that the description of the work in question is complete as possible and directly related to the Damage/Savings amount set up. || JSP-03-06A || 6/11/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2101.docx NJSP2101] || Low Type Asphalt Requirements * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-21-01A || 7/26/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1515.docx NJSP1515] || Low-Tracking or Non-Tracking Tack Coat || This provision may be used on roadways located within an urban area where tracking from the tack coat operation would lead to aesthetic damage to the surrounding commercial driveways and parking lots. || NJSP-15-15H || 8/2/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2201.docx JSP2201] || Lump Sum Temporary Traffic Control || This provision allows qualifying temporary traffic control devices to be lumped together. || JSP-22-01 || 11/21/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1704.docx NJSP1704] || Macrotexture Surface for Ultrathin Bonded Asphalt Wearing Surface Requirement * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-17-04A || 11/17/2017<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0413.docx JSP0413] || Masonry Construction || || JSP-04-13 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1539.docx NJSP1539] || Modified Bituminous Pavement Mixture (BP-2) || Allows districts to use modify BP-2 gradation to be laid thinner than 1.5 or 2&quot; || NJSP-15-39A || 9/23/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1511.docx NJSP1511] || Modified Bonded Asphaltic Concrete Pavement * || * Limited Use. Requires approval from Construction and Materials prior to use. || NJSP-15-11C || 11/12/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1806.docx JSP1806] || MoDOT Retained Guardrail || Use this provision when MoDOT wishes to retain guardrail that is being removed. || JSP-18-06 || 6/12/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1517.docx NJSP1517] || MoDOT’S Construction Workforce Program || Required for all projects listed on the Construction Workforce Program Project List. &lt;/br&gt; Contact PM for details. || JSP-15-17A || 8/19/2016<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0011.docx JSP0011] || Mowing || Use this provision on projects requiring significant mowing during construction. District Maintenance should identify projects, mowing locations and No. of mowings. If only for specific areas, those areas need to be identified in the special provision. || JSP-00-11 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2202.docx NJSP2202] || Multi-Year, Multi-Location Project || This provision should only be used in proposals that have one Job Number for multiple overlay routes (locations) and the completion date is such that work is allowed to carry over into a second calendar year. || NJSP-22-02 || 4/20/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0004.docx JSP0004] || NEMA TS2 Traffic Controller Assemblies || This provision is to be used only in special conditions after consulting with District Traffic and as directed or approved by General Headquarters. || JSP-00-04A || 5/24/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2105.docx NJSP2105] || No Open Burning || This provision should be used when open burning is prohibited. || NJSP-21-05 || 6/9/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1802.docx JSP1802] || Notice to Bidders of Funding by Third Party || This provision is required on any project with funding provided by others. || JSP-18-02A || 5/21/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9819.docx JSP9819] || Notice to Bidders of Third Party Concurrence in Award || This provision is required on any project with funding provided by others in which they have the right by agreement to concur in the award of the contract. || JSP-98-19 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0407.docx JSP0407] || Office for the Engineer || This provision resulted from implementation of the Performance Specifications. Was Sec 615 of the specs. || JSP-04-07 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1518.docx NJSP1518] || Optional Grading Concepts || || NJSP-15-18 || 3/20/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0606.docx JSP0606] || Optional Pavements || This provision should be used for projects which do not meet the criteria for Alt Pavements, specifically those with less than 7,500 SY of continuous full depth pavement or less than 14,000 SY of full depth pavement at various locations. || JSP-06-06H || 9/23/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1303.docx JSP1303] || Optional Shoulder || Use this provision on shouldering projects that will allow for a concrete option when bituminous asphalt is specified. || JSP-13-03A || 9/29/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1533.docx NJSP1533] || Optional Surface Treatment Prior to Asphalt Overlay * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-15-33D || 3/28/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1807.docx NJSP1807] || Optional Temporary Pavement Marking Paint || Use this provision and pay item with all overlay projects that have more than five (5) centerline miles of pavement requiring High Build Waterborne paint AND has a contract completion date of November 1 or later. || NJSP-18-07D || 5/19/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0709.docx JSP0709] || Optional Traffic Signal Detectors || To be used when Optional Traffic Signal Detectors are specified. || JSP-07-09 || 1/3/2011<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0409.docx JSP0409] || Overhead Lighting of Signs || When lighting of overhead signs is required on a project, the following information along with special sheet “ Sign Lighting – Lighting Support Bracket” shall be inserted in the contract documents. || JSP-04-09 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1901.docx NJSP1901] || Partial Depth Concrete Pavement Repair Using Hot Applied Polymer Modified Repair Material *|| * Limited Use. Requires approval by Construction and Materials Division prior to use. || NJSP-19-01A || 10/4/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1705.docx NJSP1705] || Pavement Smoothness for UBAWS * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-17-05A || 4/23/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1809.docx NJSP1809] || Paver-Mounted Thermal Profiles * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-18-09B || 7/8/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1540.docx NJSP1540] || Permanent Aggregate Edge Treatment || May be used when treatment along the edge of a pavement or shoulder is included in an overlay project. Sec 2.1 is only for areas prone to washout. When 2.1 is used, pay item and quantity for 413-40.00, Bituminous Fog Seal, per gallon must be included. || NJSP-15-40B || 2/3/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0408.docx JSP0408] || Placing State Owned Pipe || This provision resulted from implementation of the Performance Specifications. Was Sec 729 of the specs. || JSP-04-08 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1904.docx NJSP1904] || Polyester Polymer Concrete Overlay * ||* Limited use. Requires approval from Construction and Materials Division prior to use. || NJSP-19-04 || 9/13/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1601.docx JSP1601] || Post-Award Value Engineering Change Proposal Workshop * || * Limited use. Requires approval from Design Division prior to use. || JSP-16-01 || 1/8/2016<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0406.docx JSP0406] || Powder Coating * || * Limited use. Requires approval from Construction and Materials Division prior to use. || JSP-04-06 || 10/9/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1609.docx JSP1609] || Prime Contractor Requirements || Requires the BCS Engineer's approval to use this JSP. || JSP-16-09 || 7/14/2016<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9605.docx JSP9605] || Project Contact for Contractor/Bidder Questions || This provision is required on all projects. || JSP-96-05 || 4/19/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0708.docx JSP0708] || Protective Surface Treatment for Concrete - Penetrating Sealers * || * Limited use. Requires approval from Construction and Materials Division prior to use. || JSP-07-08B || 12/6/2016<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1522.docx NJSP1522] || Quality Management || This provision is required on all projects identified as complex by the district. || NJSP-15-22 || 7/1/2014<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2106.docx NJSP2106] || Radar Speed Advisory System || This provision should be used when Radar Speed Advisory System is specified. || NJSP-21-06 || 6/11/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0210.docx JSP0210] || Rapid Set Concrete Patching Material - Horizontal Repair || Formerly JSP-02-01A renamed to follow JSP numbering formatting. || JSP-02-10 || 1/3/2011<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0201.docx JSP0201] || Rapid Set Concrete Patching Material - Vertical and Overhead Repairs || || JSP-02-01|| 8/14/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1902.docx NJSP1902] || Rapid Strength Concrete for Pavement Repair * || *Limited use. Requires approval from Construction and Materials Division prior to use. || NJSP-19-02 || 6/20/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1710.docx NJSP1710] || Red Signal Ahead Sign With LED Light || This provision should be used when placing a red signal ahead sign with an attached LED assembly. || NJSP-17-10A || 2/21/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1706.docx NJSP1706] || Reinforcing Fibers for Bituminous Pavement Material * || * Limited Use. Requires approval from Construction and Materials Division prior to use; ADSR Test Methods Document required with Electronic Deliverables. || NJSP-17-06C || 8/1/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1523.docx NJSP1523] || Rejuvenating Restorative Seal Treatment * || * Limited Use. Requires approval from Construction and Materials Division prior to use. || NJSP-15-23 || 2/1/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9806.docx JSP9806] || Relocation of Portable Traffic Signal System || || JSP-98-06 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1201.docx JSP1201] || Removal and Delivery of Existing Signs || Use this provision when any existing roadway signs are to be removed from the project. || JSP-12-01B || 7/12/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1701.docx JSP1701] || Required Combination of Calls || This provision is used when required projects with separate funding (ie: state funded and federal funded) projects are to be combined. || JSP-17-01 || 5/1/2017<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1606.docx NJSP1606] || Restrictions for Migratory Birds || Use of this provision should be coordinated with Design Division - Environmental Section. || NJSP-06-06A || 4/11/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1811.docx NJSP1811] || Rigid Geogrid Enhanced Aggregate or Rock Base * || * Limited Use. The intent of this provision is to use rigid geogrid with either a Type 5 or 7 Aggregate Base or with Rock Base (12” or 18”) as shown on the plans. Requires approval from Construction and Materials prior to use. || NJSP-18-11B || 3/12/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1508.docx JSP1508] || Seal Coat Completion of Work || To be used in Seal Coat projects which span multiple seasons. || JSP-15-08 || 6/26/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9705.docx JSP9705] || Section 404 Nationwide Permit Special Conditions || This provision is to be used with any Nationwide Permit when the Corps of Eng. District Engineer places special conditions on the use of the NW Permit. List any special conditions provided in the letter from the Corps authorizing use of the NW Permit. || JSP-97-05 || 10/5/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP2003.docx NJSP2003] || Shaping Slopes Class III (Modified Material Requirements) || Use when additional stability is needed for erosion and/or lack of stability of Shaping Slopes Class III with steep in-slopes. || NJSP-20-03B || 1/6/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1527.docx NJSP1527] || Shoulder Grading || || NJSP-15-27A || 1/27/2017<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0605.docx JSP0605] || Slurry and Residue Produced During Surface Treatment of PCCP and Bridge Decks || This provision should be used where diamond grinding or any other surface treatment that would produce slurry residue is specified. Any questions regarding the use of this provision should be directed to the Design Division - Environmental Section. || JSP-06-05A || 1/23/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0707.docx JSP0707] || Snowplowable Raised Pavement Marker Rehabilitation or Removal || This provision should be use when maintenance of SRPMs is included in a project. || JSP-07-07 || 8/7/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2107.docx JSP2107] || Special Consideration of Change Orders and Value Engineering || Use this provision when increased Federal Share has been approved by FHWA for an innovative technology or practice. || JSP-21-07 || 6/21/2021<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1506.docx JSP1506] || Standard Alternate Technical Concepts || To be used on projects using the Standard ATC process which allows prequalified contractors to bid contractor specific bid items through the approval process. || JSP-15-06 || 5/26/2015<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1801.docx JSP1801] || Supplemental Revisions || This provision is required in all contracts. || JSP-18-01X || 11/30/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1528.docx NJSP1528] || Surface Sealing Treatment || May be used on mainline pavement with an existing chip seal surface, on centerline joints, and on shoulder areas. This rescinds earlier guidance. &lt;/br&gt; Use with pay item 4099905, surface sealing treatment. || NJSP-15-28 || 2/22/2017<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1304.docx JSP1304] || Temporary Long Term Rumble Strips || Required when temporary long-term rumble strips are used on a project. Provides information for construction requirements, material information and basis of payment when using long term rumble strips on construction projects. || JSP-13-04C || 5/30/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0705.docx JSP0705] || Tree Clearing Restriction * || * Limited Use. Design Division - Environmental Section should be consulted prior to using this provision. || JSP-07-05B || 2/9/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0410.docx JSP0410] || Use of Crossovers and Truck Entrances || || JSP-04-10 || 4/24/2007<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP9326.docx JSP9326] || Utilities || || JSP-93-26F || 12/1/2016<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP2203.docx JSP2203] || Void Reducing Asphalt Membrane for Longitudinal Joints (VRAM) || Use when MoDOT wishes to enhance longitudinal joint performance. Contact Construction &amp; Materials Division for additional information. || JSP-22-03 || 11/30/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP1507.docx JSP1507] || Winter Months Requirements || To be used for overlay projects that span multiple construction seasons. Developed for the CLC program. || JSP-15-07A || 4/30/2019<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/NJSP1532.docx NJSP1532] || Work Zone Intelligent Transportation System || || NJSP-15-32 || 3/20/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JSP0206.docx JSP0206] || Work Zone Traffic Management || This provision is required on all projects and must be provision &quot;C&quot; in the set of provisions. || JSP-02-06M || 7/6/2022<br /> |}<br /> <br /> {| class=&quot;wikitable wikitable mw-collapsible mw-collapsed sortable&quot;<br /> |+ class=&quot;nowrap&quot; style=&quot;font-size:1.5em; text-align:left;&quot; | LPA<br /> |- <br /> ! Name !! JSP Title !! Current Version !! Revision Date<br /> |- <br /> | [https://epg.modot.org/forms/JSP/LPA1501.docx LPA1501] || Acceptance of Precast Concrete Members and Panels || LPA-15-01 || <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1502.docx LPA1502] || Acceptance of Structural Steel || LPA-15-02 || <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1507.docx LPA1507] || ADA Compliance and Final Acceptance of Constructed Facilities || LPA-15-07A || 2/9/2023 <br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1503.docx LPA1503] || Add Alternates || LPA-15-03 || 8/19/2013<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1504.docx LPA1504] || Alternates For Pavements || LPA-15-04 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1505.doc LPA1505] || Guidelines for Obtaining Environmental Clearance for Project Specific Locations || LPA-15-05 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1509.doc LPA1509] || Liquidated Damages For Winter Months || LPA-15-09 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1510.docx LPA1510] || Liquidated Damages Specified for Entrance Closures || LPA-15-10 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1508.doc LPA1508] || Liquidated Damages Specified for Final Closeout Documentation (Final Payment Documents) || LPA-15-08 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1808.docx LPA1808] || LPA Buy America Requirements || LPA-18-08 || 8/16/2018<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1511.doc LPA1511] || Optional Pavements || LPA-15-11 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1506.doc LPA1506] || Safety Requirements || LPA-15-06 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1513.doc LPA1513] || Utilities || LPA-15-13 ||<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/LPA1512.doc LPA1512] || Work Zone Traffic Management Plan (Traffic Control) || LPA-15-12 ||<br /> |}<br /> <br /> {| class=&quot;wikitable wikitable mw-collapsible mw-collapsed sortable&quot;<br /> |+ class=&quot;nowrap&quot; style=&quot;font-size:1.5em; text-align:left;&quot; | JSP Packages<br /> |-<br /> ! Name !! JSP Title !! Explanatory Notes !! Revision Date<br /> |-<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_ASPHALT_2023.docx JOC_ASPHALT_2023] || Asphalt Pavement Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 12/13/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_BRIDGE_2023.docx JOC_BRIDGE_2023] || Bridge Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 12/13/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/CLC_Book_Job_JSPs.docx CLC Book Job JSPs] || CLC Book Job JSPs || Use this JSP package when submitting FY 2023 CLC Book Job projects without plans. || 5/16/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/CLC_JSPs.docx CLC_JSPs] || CLC JSP Package || Use this JSP package on FY 2023 CLC projects. || 5/16/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_CONCRETE_2023.docx JOC_CONCRETE_2023] || Concrete Pavement Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 12/13/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_FENCE_2023.docx JOC_FENCE_2023] || Fence JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 12/13/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_GUARD_CABLE_2023.docx JOC_GUARD_CABLE_2023] || Guard Cable Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 12/13/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/JOC_GUARDRAIL_2023.docx JOC_GUARDRAIL_2023] || Guardrail Repair JOC JSP Package || This JSP Package should be used for the JOC contracts let in the 2023 Calendar year. || 1/19/2023<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/Seal_Coat_Book_Job_JSPs.docx Seal_Coat_Book_Job_JSPs] || Seal Coat Book Job JSP Package || Use this JSP package when submitting FY 2023 Seal Coat Book Job projects without plans. || 5/16/2022<br /> |- style=&quot;vertical-align:top;&quot;<br /> | [https://epg.modot.org/forms/JSP/Seal_Coat_JSPs.docx Seal_Coat_JSPs] || Seal Coat JSP Package || Use this JSP package with all FY 2023 Seal Coat projects. || 5/16/2022<br /> |}</div>

Hallej1 https://epgtest3.modot.org/index.php?title=Category:753_Bridge_Inspection_Rating&diff=52313 2023-02-07T15:53:28Z

<p>Hallej1: </p> <hr /> <div>{| align=&quot;right&quot;<br /> |-<br /> |[[Image:753 800 Bridge PR.jpg|175px]]||[[Image:753 Bridge photo.jpg|170px]]<br /> |-<br /> |[[Image:753 Pubic Mtg.gif|175px]] ||[[Image:753 Ratings Graph.gif|182px]]<br /> |}<br /> <br /> The Bridge Inspection Rating guidance shall be used by MoDOT's internal staff, as well as consultants, contractors, local agencies and may be used by other department of transportation agencies as a reference. The guidance was developed to ensure uniformity in the inventory and appraisal of all bridges within the state of Missouri. It defines the general guidelines and processes of MoDOT's Non-State Bridge Inspection program along with giving specific load rating procedures for bridges in Missouri. <br /> <br /> In case of conflict or apparent error the user should advise the State Bridge Office in Jefferson City.<br /> <br /> The guidance is provided in Acrobat Reader format. To use the guidance as it is intended, you will need to download the Free Adobe [http://adobe.com/products/acrobat/readstep.html Adobe Acrobat Reader] from Adobe's web site.<br /> <br /> ----<br /> <br /> {| style=&quot;margin:1em auto 1em auto&quot; border=&quot;1&quot; class=&quot;wikitable&quot; align=&quot;center&quot; style=&quot;text-align:center&quot;<br /> |+ '''Bridge Inspection Rating Guidance'''<br /> | [[media:Bridgetableofcontents.pdf|Table of Contents]] ||style=&quot;background:#99FFFF&quot;| <br /> |-<br /> | [[media:Bridgesection1english.pdf|EPG 753.1 (Section 1)]] || align=&quot;left&quot;|Recording and Coding Guide for the Structure Inventory and Appraisal of the Nation's Bridges <br /> |-<br /> | [[media:Bridgesection 2.pdf|EPG 753.2 (Section 2)]] || align=&quot;left&quot;|Critical Inspection Findings Missouri Bridge and Culvert Rating Guidelines Figures<br /> |-<br /> | [[media:Bridgesection 3.pdf|EPG 753.3 (Section 3)]] || align=&quot;left&quot;|Inspection and Reporting Aids <br /> |-<br /> | EPG 753.4 (Section 4)|| align=&quot;left&quot;|See Section 15 (formerly Rating Off-System Bridges) <br /> |-<br /> | [[media:Bridgesection 5.pdf|EPG 753.5 (Section 5)]] || align=&quot;left&quot;|Inspection of Fracture Critical Bridge Members<br /> |-<br /> | [[media:Bridgesection 6.pdf|EPG 753.6 (Section 6)]] || align=&quot;left&quot;|Legal Aspects of Public Work <br /> |-<br /> | [[media:Bridgeappendix.pdf|EPG 753.7 Appendix]] || align=&quot;left&quot;|Various Forms and Figures <br /> |-<br /> | [[media:EPG_753.15.pdf|EPG 753.15 (Section 15)]] || align=&quot;left&quot;|Bridge Inspection Rating Manual <br /> |}<br /> <br /> If you have any questions or comments regarding this guidance please email the Bridge Management Engineer at [mailto:BRINV@modot.mo.gov BRINV@modot.mo.gov].</div>

Hallej1 https://epgtest3.modot.org/index.php?title=642.8_Sidewalk_Design_Criteria&diff=52157 2022-12-27T14:53:55Z

<p>Hallej1: </p> <hr /> <div><br /> <br /> {|style=&quot;padding: 0.3em; margin-left:15px; border:2px solid #a9a9a9; text-align:left; font-size: 95%; background:#f5f5f5&quot; width=&quot;260px&quot; align=&quot;right&quot; <br /> |-style=&quot;background:#f5f5f5&quot; <br /> |colspan=&quot;2&quot; align=&quot;center&quot;|'''Figures'''<br /> |-<br /> |colspan=&quot;2&quot;|[[Media:642.1 Figure2 Sidewalk Handrails.pdf|Sidewalk Handrail Detail]]<br /> |-<br /> |colspan=&quot;2&quot; align=&quot;center&quot;|'''Typical Urban Roadway Sections'''<br /> |-<br /> |colspan=&quot;2&quot;|[[media:231 4 Lane Major Urban Roadway.pdf|4 Lane Major Urban Roadway]]<br /> |-<br /> |colspan=&quot;2&quot;|[[media:231 4 Lane Minor Urban Roadway.pdf|4 Lane Minor Urban Roadway]]<br /> |-<br /> |colspan=&quot;2&quot;|[[media:231 2 Lane Minor Urban Roadway.pdf|2 Lane Minor Urban Roadway]]<br /> |-<br /> |colspan=&quot;2&quot; align=&quot;center&quot;|'''Additional Resources'''<br /> |-<br /> |colspan=&quot;2&quot;|[http://www.access-board.gov/guidelines-and-standards Access Board Guidelines and Standards] <br /> |-<br /> |colspan=&quot;2&quot;|[http://www.ada.gov/2010ADAstandards_index.htm Americans with Disabilities Act Access Guidelines (ADAAG), 2010]<br /> |-<br /> |colspan=&quot;2&quot;|[https://epg.modot.org/forms/CM/ADA_Checklist.pdf ADA Checklist (PDF)]<br /> |-<br /> |colspan=&quot;2&quot;|[https://epg.modot.org/forms/CM/ADA_Checklist.docx ADA Checklist (MS Word)]<br /> |-<br /> |colspan=&quot;2&quot;|FHWA's ''Designing Sidewalks and Trails for Access'': [https://www.fhwa.dot.gov/environment/bicycle_pedestrian/publications/sidewalks/ Part I] [https://www.fhwa.dot.gov/environment/bicycle_pedestrian/publications/sidewalk2/ Part II]<br /> |-<br /> |colspan=&quot;2&quot;|[http://www.mutcd.fhwa.dot.gov/ Manual on Uniform traffic Control Devices - signals]<br /> |-<br /> |colspan=&quot;2&quot;|MoDOT's Internet Website:<br /> |-<br /> | ||[https://www.modot.mo.gov/othertransportation/bike_ped/Bikepedintro.htm MoDOT's Bike/Ped webpage]<br /> |-<br /> | || [https://www.modot.org/bicycle-and-pedestrian-links MoDOT's Bike/Ped Useful links]<br /> |-<br /> | ||[https://www.modot.org/media/16671 MoDOT's Concrete Curb Ramp Special Sheet]<br /> |-<br /> | ||[https://www.modot.org/media/16874 Standard Plan 608.10]<br /> |-<br /> | ||[https://www.modot.org/media/16880 Standard Plan 609.00]<br /> |-<br /> |colspan=&quot;2&quot;|[https://www.access-board.gov/prowag/ Public Right of Way Access Guidelines, PROWAG (Best Practices)]:<br /> |-<br /> |width=&quot;30&quot;| ||[http://www.dot.state.mn.us/trafficeng/workzone/ADA/DRAFT-TPARGuidelines.pdf TPAR Information]<br /> |-<br /> | ||[https://www.access-board.gov/prowag/planning-and-design-for-alterations/ Special Report: Accessible Public Rights of Way Planning and Designing for Alterations, 2007]<br /> |}<br /> A sidewalk is designed to meet a variety of characteristics that have a direct impact on usability, such as grade, cross slope, width, surface type, etc. Even mildly difficult features in combination can make a sidewalk hard to access for someone with a disability. Sidewalk design criteria are based on providing access to all pedestrian users to the maximum extent feasible. This policy is in accordance with federal standards set out by the US Department of Justice, based on recommendations of the US Access Board. Refer to [https://www.fhwa.dot.gov/environment/bicycle_pedestrian/guidance/policy_accom.cfm US DOT Policy] for further discussion.<br /> <br /> To better understand some of the challenges faced by disabled users, [http://www.access-board.gov/guidelines-and-standards/streets-sidewalks/public-rights-of-way/guidance-and-research/accessible-sidewalks-video-series?highlight=WyJ2aWRlbyJd four U.S. Access Board videos] showing design issues for pedestrians with disabilities. The videos cover:<br /> <br /> :1. Design issues for pedestrians who use wheelchairs (10:00).<br /> <br /> :2. Design issues for pedestrians with ambulatory impairments (7:51).<br /> <br /> :3. Design issues for pedestrians with low vision (11:24).<br /> <br /> :4. Design issues for pedestrians who are blind (11:19).<br /> <br /> When sidewalks are constructed the following basic items will be considered (detailed design information follows later on in this article): <br /> <br /> * [[:Category:231 Typical Section Elements for Roadways|Sidewalks]] or pedestrian paths will be accessible to the maximum extent feasible to all people according to the Americans with Disabilities Act of 1990 (ADA). <br /> <br /> * Barrier curb. Refer to [https://www.modot.org/media/16880 Standard Plan 609.00]. When sidewalks are constructed, a barrier curb is sufficient to separate pedestrians from vehicular traffic on low-speed roadways (posted speed of 45 mph or less). At higher speeds, a vehicle can mount a barrier curb at a relatively flat impact angle. In the event a sidewalk located adjacent to a high-speed roadway is necessary, another type of physical separation between the vehicle and the pedestrian will be considered. Guardrail and concrete traffic barriers are two of the options that may be considered. <br /> <br /> * In rural areas where it is necessary to accommodate pedestrian movements, a paved shoulder at least 6 ft. wide may be used. The cross slope must be 1.0% (minimum) to 2.0%.<br /> <br /> * A sidewalk located at least 2 ft. from a curb should be a minimum of 5 ft. wide. Exceptions may be made for local conditions, but ADA requirements must be met.<br /> <br /> * A sidewalk proposed within 2 ft. of a curb will be placed adjacent to the curb and be a minimum of 6 ft. wide. Exceptions may be made, but ADA requirements must be met.<br /> <br /> * For sidewalk widths less than 5 ft., a 5 ft. by 5 ft. passing space is to be provided at intervals no greater than 200 ft.<br /> <br /> * The cross slope on all accessible routes must be 1.0% minimum to 2.0% maximum. <br /> <br /> * The running slope should be as flat as possible, up to a maximum of 5%. However, sidewalks may follow the slope of the adjacent roadway if less than 5% is technically infeasible.<br /> <br /> * Sidewalks across private and commercial approaches will be the same thickness as the paved approach and will maintain less than 2.0% cross slope. Accessible routes across side streets and alleys will be less than 2.0% on new construction and reconstruction projects. Less than 2.0% cross slope will be maintained across streets and alleys where feasible on all alteration projects.<br /> <br /> * A clear airspace of 80 in. above the sidewalk will be maintained free of tree limbs, signs, fountains, poles or planters. Protrusions into the area of the sidewalk must not exceed 4 in. Where the curb is separated from the parallel sidewalk by a parkway (border), all house walks will be extended across the parkway (see [https://www.modot.org/media/16874 Standard Plan 608.10]). Housewalks will be 4 in. thick and at least 3 ft. wide. <br /> <br /> * Steps to a house will be at least 3 ft. wide. Steps and housewalks will match the width of the existing housewalk. Steps other than house steps will be of sufficient width to fit a particular situation. Stairs located on MHTC right of way will be replaced with ADA-compliant curb ramps, where technically feasible, or an alternate route may be provided.<br /> <br /> * Additional guidance regarding sidewalk design can be found in the AASHTO publication ''Guide for the Planning, Design, and Operation of Pedestrian Facilities'', the FHWA publication ''Designing Sidewalks and Trails for Access'': [https://www.fhwa.dot.gov/environment/bicycle_pedestrian/publications/sidewalks/ Part I] and [https://www.fhwa.dot.gov/environment/bicycle_pedestrian/publications/sidewalk2/ Part II], or Access Board's [https://www.access-board.gov/prowag/planning-and-design-for-alterations/ ''Accessible Public Rights-of-Way Planning and Designing for Alterations''].<br /> <br /> ==642.8.1 Sidewalk Location and Width==<br /> <br /> In developed areas on low-speed roadways (posted speed of 45 mph or less), sidewalks are to be separated from the travelway by a barrier curb (see [https://www.modot.org/media/16880 Standard Plan 609.00]). At higher speeds, a vehicle can mount a barrier curb at a relatively flat impact angle. <br /> [[image:642.1.2.1.jpg|right|350px|thumb|&lt;center&gt;'''&quot;...stable, firm and slip resistant...&quot; &quot;...minimize surface discontinuities...&quot;'''&lt;/center&gt;]] <br /> In the event a sidewalk is located adjacent to a high-speed roadway, another type of physical separation between the vehicle and the pedestrian such as a guardrail or concrete traffic barrier will be considered. <br /> <br /> Sidewalks are not to be designated on paved shoulders located behind a mountable curb; nor shall paved shoulders be designated or striped as a pedestrian pathway, however if pedestrian use is anticipated, efforts should be made to meet ADA standards wherever possible, such as a 2% cross slope. <br /> <br /> Sidewalks are to be at least 5 ft. wide. However, if necessary due to geometric constraints, the width of the sidewalk may be reduced to 4 ft. minimum width, as required in PROWAG, by completing the Design Exception process. A 2 ft. grass strip or planting area should separate the sidewalk from the curb. A sidewalk proposed within 2 ft. of a curb will be placed adjacent to the curb and be at least 6 ft. wide. There are exceptions: sidewalk width may be reduced to meet site constraints; however, ADA requires a minimum width of 4 ft. to be provided in all cases (PROWAG R301.3.1).<br /> <br /> When a project alters the right of way space, the existing ADA elements within the limits of the project shall be made to comply with the applicable requirements for new construction to the maximum extent feasible (per PROWAG R202.3). This will include repairs and upgrades to existing sidewalks so the facilities provide a continuous minimum width of 4 ft. with a maximum cross slope of 2.00% (per PROWAG R301). <br /> <br /> For sidewalks narrower than 5 ft., 5 ft. x 5 ft. passing spaces need to be provided at intervals that are no greater than 200 feet. Such features as driveways, building entrances, parking lots and sidewalk intersections are considered acceptable passing spaces if they are 5 ft. x 5 ft. and meet the 2 per cent maximum cross slope requirements. <br /> [[image:642.1.2.jpg|right|720px|thumb|&lt;center&gt;'''Figure 642.8.2 Clearances and obstructions for pedestrian access routes'''&lt;/center&gt;]]<br /> <br /> ==642.8.2 Clearances and Obstructions==<br /> <br /> The width of the accessible sidewalk route should meet the requirements above. Obstructions are objects within the pedestrian access route that reduce the clearance width, protrude into the circulation route, or limit the vertical passage space or of a sidewalk. These guidelines apply to permanent and temporary objects.<br /> <br /> The full width of the circulation path should be free of protruding objects, if possible. Permanent, stationary objects are not to project into the pedestrian access route more than 4 in. from 27 in. to 80 in. above the ground. <br /> <br /> Freestanding objects mounted on posts, pylons, etc., may overhang a maximum of 12 in. from 27 in. and 80 in. above the ground, although this situation should be avoided whenever possible. Figure 642.8.2 illustrates this protected zone.<br /> <br /> [[image:642.1.2.2.jpg|right|300px]]<br /> Obstacles below 27 in. are not to reduce the sidewalk width to less than 3 ft. Obstacles reducing the sidewalk circulation path (width) below 5 ft., but not less than 3 ft., should be corrected, but if not, documented why the sidewalk width was reduced and the obstacle was not moved or corrected at that location<br /> <br /> ==642.8.3 Sidewalk Surfaces==<br /> [[image:642.1.3 changes in level.jpg|left|175px]]<br /> Surfaces of sidewalks and all parts of the pedestrian network must be stable, firm and slip-resistant. Care must be taken to provide an even and level surface. Highly textured surfaces such as cobblestones may cause discomfort for a disabled person with a spinal injury.<br /> <br /> Changes in levels up to ¼ in. may be vertical and without edge treatment. Changes in levels between ¼ in. and ½ in. will be beveled with a slope no greater than 1V:2H (2:1). Level differences greater than ½ in. need to be removed or ramped. <br /> <br /> Over time, sidewalks may settle, become worn, or fall victim to people or nature. Maintaining a safe surface for everyone is very important. When the sidewalk is not owned or maintained by MoDOT, but may be adjacent to one that is, it is important to notify the proper authority that [[171.4 Shoulders and Approaches#S&amp;A(A2) Sidewalks|maintenance]] is needed. <br /> <br /> Some examples of sidewalks distresses/deficiencies requiring correction are:<br /> <br /> * '''Step separation.''' A vertical displacement of ½ in. or greater at any point on the walkway that could cause pedestrians to trip or prevent the wheels of a wheelchair or stroller from rolling smoothly.<br /> <br /> * '''Badly cracked concrete.''' Holes and rough spots ranging from hairline cracks to indentations wider than ½ in.<br /> <br /> * '''Spalled areas.''' Fragments of concrete or other building material detached from larger structures.<br /> <br /> * '''Settled areas that trap water.''' Sidewalk segments with depressions, reverse cross slopes, or other indentations that make the sidewalk path lower than the curb. These depressions trap silt and water on the sidewalk and reduce the slip resistant nature of the surface.<br /> <br /> * '''Tree root damage.''' Roots from trees growing in adjacent landscaping that cause the walkway surface to buckle and crack. <br /> <br /> * '''Vegetation overgrowth.''' Groundcover, trees, or shrubs on properties or setbacks adjacent to the path that have not been pruned can encroach onto the path and create obstacles.<br /> <br /> <br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |[[image:642.1 Cracked Concrete.jpg|375px|thumb|&lt;center&gt;'''Cracked concrete'''&lt;/center&gt;]]||[[image:642.1 Step Separation.jpg|375px|thumb|&lt;center&gt;'''Step separation'''&lt;/center&gt;]]<br /> |-<br /> |[[image:642.1 Drainage Vegetation.jpg|375px|thumb|&lt;center&gt;'''Drainage/vegetation'''&lt;/center&gt;]]||[[image:642.1 Protruding Branches.jpg|375px|thumb|&lt;center&gt;'''Protruding Branches'''&lt;/center&gt;]]<br /> |}<br /> {| style=&quot;margin: 1em auto 1em auto&quot; align=right<br /> |-<br /> |[[image:642.1 manholes.jpg|right|200px]]||[[image:642.1 drainage.jpg|right|220px]]<br /> |}<br /> Utility covers, such as for manholes, drainage or water meters, need to have a slip resistant top, as much as possible, and meet changes in level criteria. Lifting holes on covers need to be less than ½ inch in diameter or be satisfactorily plugged so a cane cannot get lodged in the hole. If grates are located in the sidewalk or other walkways paths, the grates will have spacing no greater than ½ in. wide in one direction. If grates have elongated openings, then the grates will be placed so that the long dimension is perpendicular to the dominant direction of travel. Refer to Figure 642.8.3. <br /> <br /> [[image:Figure 642.1.3 grates.jpg|center|700px|thumb|&lt;center&gt;'''Figure 642.8.3'''&lt;/center&gt;]]<br /> <br /> ==642.8.4 Running Slope, or Grade==<br /> <br /> The running slope, or grade is defined as the slope parallel to the direction of travel, with the running grade defined as the average grade along a continuous grade. The grade of a sidewalk should be as level as possible allowing easy use by travelers. For pedestrian facilities on public access routes, the running grade of sidewalks will be a maximum of 5%. If this is technically infeasible, the sidewalk may be consistent with the running grade of the adjacent roadway. If the sidewalk cannot be kept at the same grade as the adjacent roadway and the grade is greater than 5%, the sidewalk may be considered a ramp and designed in accordance with [[642.2 Sidewalk Ramp and Curb Ramp Design Criteria|EPG 642.2 Sidewalk Ramp and Curb Ramp Design Criteria]]. <br /> <br /> The rate of change in grade, the algebraic difference, measured over 2 ft. intervals, is not to exceed 13%. An example of a 13% change in grade is shown in Figure 642.8.4.1. Figure 642.8.4.2 illustrate how excessive slopes impact wheelchairs.<br /> <br /> [[image:Figure 642.1.4.1.jpg|center|650px|thumb|&lt;center&gt;'''Figure 642.8.4.1. The gutter slopes counter to the slope of the curb ramp to promote drainage.'''&lt;/center&gt;]]<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |[[image:Figure 642.1.4.2.1.jpg|350px|thumb|&lt;center&gt;'''Excessive slope differences between a gutter and a ramp can cause wheelchairs to flip over backward'''&lt;/center&gt;]]||[[image:Figure 642.1.4.2.2.jpg|300px|thumb|&lt;center&gt;'''Excessive slope differences between gutter and ramp can cause wheelchairs to tip forward'''&lt;/center&gt;]]<br /> |-<br /> |colspan=&quot;2&quot;|&lt;center&gt;'''Figure 642.8.4.2'''&lt;/center&gt;<br /> |}<br /> <br /> ==642.8.5 Cross Slopes==<br /> <br /> Cross slope is defined as the slope measured perpendicular to the direction of travel. A minimum slope of 1% should be provided to allow proper drainage. When necessary the maximum 2% cross slope allowed by ADA standards may be used. Cross slopes of less than 2% are desirable to provide easier passage and to allow for some construction tolerance and settlement. Sidewalks with a cross slope greater than 2% are noncompliant and must be made compliant by whatever means necessary and including replacement.<br /> <br /> Cross slopes are very difficult for some people with mobility impairments to negotiate because it is harder to travel across sloped surfaces than horizontal surfaces. People with mobility impairments who are ambulatory or use manual wheelchairs must exert significantly more energy than other pedestrians to traverse sloped surfaces. Both powered and manual wheelchairs can become unstable and/or difficult to control on sloped surfaces. Whenever possible, slopes are minimized to improve access for people with mobility impairments.<br /> <br /> ==642.8.6 Landings==<br /> <br /> Landings are level areas built to provide pedestrians with a place to rest or make turning maneuvers, or where it is necessary to have a level, stable area to allow access to another feature such as a pedestrian pushbutton. The slope of a landing should allow for drainage and be designed and built with a minimum 1% slope and may not exceed a slope of 2.0% in any direction.<br /> <br /> For more information on the use of landings in ramp design refer to [[642.2 Sidewalk Ramp and Curb Ramp Design Criteria#642.2.1 Slope and Rise of Sidewalk Ramps|EPG 642.2.1 Slope and Rise of Sidewalk Ramps]]. For more information on the use of landings with regard to curb ramps, refer to [[642.2 Sidewalk Ramp and Curb Ramp Design Criteria#642.2.2 Curb Ramps|EPG 642.2.2 Curb Ramps]].<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> [[category:642 Pedestrian Facilities|642.08]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=Category:150_Quality_Management&diff=52156 2022-12-27T14:52:59Z

<p>Hallej1: </p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:10px; border:2px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;425px&quot; align=&quot;right&quot; <br /> |-<br /> |&lt;center&gt;'''[https://www.modot.org/media/17175 MoDOT Sharepoint - Partner Sign In]'''<br /> |-<br /> |'''___'''<br /> |-<br /> |'''Quality Management Information '''<br /> |-<br /> |[https://www.modot.org/media/17173 Digital Signature for Adobe Pro 10 (Contractors)]<br /> |-<br /> |[https://www.modot.org/media/17175 QM Training for Contractors]<br /> |-<br /> |'''Quality Management Documents '''<br /> |-<br /> |[https://www.modot.org/media/13219 MoDOT ITP Plan]<br /> |-<br /> |[https://www.modot.org/media/13220 Sample Quality Management Plan]<br /> |-<br /> |[https://www.modot.org/media/13221 Sample Weekly Schedule] <br /> |-<br /> |'''Checklists '''<br /> |-<br /> |[https://epg.modot.org/forms/CM/ADA_Checklist.pdf ADA Checklist (PDF)]<br /> |-<br /> |[https://epg.modot.org/forms/CM/ADA_Checklist.docx ADA Checklist (MS Word)]<br /> |-<br /> |[https://www.modot.org/media/978 ITS Checklist]<br /> |-<br /> |[https://www.modot.org/media/980 Lane Closure Checklist]<br /> |-<br /> |[https://www.modot.org/media/979 Hold Points]<br /> |-<br /> |[https://www.modot.org/section-200-checklists Section 200 Checklist]<br /> |-<br /> |[https://www.modot.org/section-300-checklists Section 300 Checklist]<br /> |-<br /> |[https://www.modot.org/section-400-checklists Section 400 Checklist]<br /> |-<br /> |[https://www.modot.org/section-500-checklists Section 500 Checklist]<br /> |-<br /> |[https://www.modot.org/section-600-checklists Section 600 Checklist]<br /> |-<br /> |[https://www.modot.org/section-700-checklists Section 700 Checklist]<br /> |-<br /> |[https://www.modot.org/section-800-checklists Section 800 Checklist]<br /> |-<br /> |[https://www.modot.org/section-900-checklists Section 900 Checklist]<br /> |-<br /> |'''Forms '''<br /> |-<br /> |[https://www.modot.org/media/13253 Absorption Worksheet] <br /> |-<br /> |[https://www.modot.org/media/13255 Concrete Pour Card] <br /> |-<br /> |[https://www.modot.org/media/13256 Concrete Placement Test Record] <br /> |-<br /> |[https://www.modot.org/media/13258 Consensus Tests]<br /> |-<br /> |[https://www.modot.org/media/981 Corrective Action Request]<br /> |-<br /> |[https://www.modot.org/media/13259 Daily Inspection Report]<br /> |-<br /> |[https://www.modot.org/media/13265 DCP Test] <br /> |-<br /> |[https://www.modot.org/media/982 Ditch Liner] <br /> |-<br /> |[https://www.modot.org/media/13266 Embankment Monitoring] <br /> |-<br /> |[https://www.modot.org/media/13267 Embankment Protection] <br /> |-<br /> |[https://www.modot.org/media/13275 Gradation Worksheet] <br /> |-<br /> |[https://www.modot.org/media/983 Land Disturbance Inspection Record] (MoDOT performs this inspection) <br /> |-<br /> |[https://www.modot.org/media/13306 Low Slump Concrete] <br /> |-<br /> |[https://www.modot.org/media/13277 Materials Receiving Inspection Report]<br /> |-<br /> |[https://www.modot.org/media/13278 Materials Request for Transfer] <br /> |-<br /> |[https://www.modot.org/media/13281 Nonconformance Report (NCR)]<br /> |-<br /> |[https://www.modot.org/media/13282 Plasticity Index Worksheet] <br /> |-<br /> |[https://www.modot.org/media/984 Profilograph Report]<br /> |-<br /> |[https://www.modot.org/media/13283 Rock Base Density and Thickness] <br /> |-<br /> |[https://www.modot.org/media/985 Sample Labels]<br /> |-<br /> |[https://www.modot.org/media/13285 Standard Proctor Test] <br /> |-<br /> |[https://www.modot.org/media/13286 Subgrade Density] <br /> |-<br /> |[https://www.modot.org/media/986 Temporary Erosion Control] <br /> |-<br /> |[https://www.modot.org/media/13287 Traffic Control Devices]<br /> |-<br /> |[https://www.modot.org/media/13288 Traffic Control Inspection Report] <br /> |-<br /> |[https://www.modot.org/media/13289 Uniformity of Concrete Worksheet]<br /> |-<br /> |'''Contractor Reporting E2O'''<br /> |-<br /> |[https://www.modot.org/media/987 Aggregates]<br /> |-<br /> |[https://www.modot.org/media/988 Asphalt Surfaces]<br /> |-<br /> |[https://www.modot.org/media/989 Culvert Performance]<br /> |-<br /> |[https://www.modot.org/media/990 Earthwork]<br /> |-<br /> |[https://www.modot.org/media/13313 Miscellaneous Concrete]<br /> |-<br /> |[https://www.modot.org/media/992 Non-Superpave Asphalt]<br /> |-<br /> |[https://www.modot.org/media/993 Superpave Asphalt]<br /> |-<br /> |[https://www.modot.org/media/994 TSRs]<br /> |}<br /> <br /> Quality Management (QM) is a pro-active and efficient method of incorporating quality into the planning and scheduling of all project activities. The contractor works together with the engineer to develop a quality management plan that ensures the quality of materials and workmanship meets or exceeds the contract requirements. This comprehensive plan is dynamic and is specific to the project.<br /> [[image:Main Page 2 June 6, 2014.jpg|left|350px]]<br /> The contractor assumes the primary role of managing quality and performs the quality control inspection and testing. This role includes documenting all inspection and testing, as well as material receiving. The engineer provides quality assurance to verify the contractor is providing adequate quality management per the contract requirements.<br /> <br /> Pre-activity meetings are held before the start of each new activity to discuss the work plan for that activity, including any required inspection and testing. Hold points are established at specific stages for the engineer to review the inspection and testing for compliance before the work can proceed. The contractor provides a schedule each week that identifies the activities planned for the next two weeks, including anticipated hold points. <br /> <br /> Good quality management saves time and money. The inclusion of quality in the contractor’s planning process reduces the likelihood for re-work. Giving the contractor the primary role for inspection and testing eliminates duplication of quality control and opens up more opportunities for efficiencies.<br /> &lt;div id=&quot;Basic steps in the QM process&quot;&gt;&lt;/div&gt;<br /> <br /> Basic steps in the QM process:<br /> <br /> :* A base [http://www.modot.org/quality Inspection and Test plan (ITP)] is provided by MoDOT. The base ITP, which includes a complete list of work items, is reduced by the contractor to only include the work items needed for the project. Additions to the ITP may be necessary for any unique items or Job Special Provisions requirements.<br /> <br /> :* Contractor prepares and submits a draft Quality Management Plan (QMP) to the Resident Engineer at least two weeks prior to the pre-construction conference. A [https://www.modot.org/media/13220 sample plan] is available.<br /> <br /> :* Resident Engineer reviews the draft QMP provides feedback to the contractor on any additions or changes. A meeting may be necessary to review details.<br /> <br /> :* The approved QMP is used to guide the contractor QC staff in their Quality Management duties.<br /> <br /> :* To store project QC documents, the contractor utilizes a MoDOT-provided SharePoint site.<br /> <br /> :* The contractor provides all Quality Control, in accordance with the Quality Management Job Special Provision and the QMP. MoDOT conducts Quality Assurance to verify the performance and accuracy of QC.<br /> <br /> :* All necessary QC documentation must be uploaded to the file sharing site for the work performed each pay period in order for the engineer to process payment.<br /> <br /> :* Modifications to the Quality Management Plan may be necessary as the work progresses.<br /> <br /> :* A review is necessary at project closeout to verify that all required documentation is present.<br /> <br /> ==150.1 Project Documentation==<br /> <br /> This article provides details on the Document Control Procedure requirements for producing and uploading Quality Management documents to a MoDOT-provided storage site. MoDOT utilizes Microsoft SharePoint® for management of these documents; however, contractors do not need to purchase this software to upload documents. Users who are not familiar with Microsoft SharePoint® might find it beneficial to acquire some basic training to better understand some of the many features of this software. MoDOT does not provide training, but there are several online venders who do. Contractors are required to use Microsoft Excel® and Microsoft Word® with some documents. To set up an account in MoDOT’s SharePoint site, send a request to CMQMSupport@modot.mo.gov.<br /> <br /> ===150.1.1 Folder Structure ===<br /> <br /> MoDOT will set up each project folder with the standard file structure for organizing the contractor Quality Management documents. The folders and subfolders should not be altered or renamed, however, additional folders/subfolders may be added as deemed necessary with approval by the resident engineer or inspector, provided the addition does not exceed the maximum URL amount of 255 characters. This standard folder structure is necessary to facilitate file searches and develop consistency.<br /> <br /> ===150.1.2 File Naming Convention===<br /> <br /> This article describes the required file naming convention for all contractor Quality Management documents uploaded to the MoDOT SharePoint site. Each file shall begin with the following: '''ContractNo_JobNo_Date''', unless otherwise specified. For example: 140221-B01_J3P0001C_YYYYMMDD. This consistent file naming practice facilitates file searches and prevents overwriting of existing files if the user has inadvertently navigated to the wrong folder. The date format (YYYYMMDD ) ensures the files remain in chronological order. When multiple reports of the same file type are created in the same day, add a two digit number to the end of the file name to differentiate (_01, _02, etc.) For example: 140221-B01_J3P0001C_20140608_Traffic_Control_Inspection_Report_01. All file name lengths are limited to 75 characters maximum. <br /> <br /> Use an underscore (&quot;_&quot;) in place of a space between words if file names have more than one word. Capitalize each word of the file name. For example: My_File_Name.docx. The use of hyphens or dashes to separate words should be avoided.<br /> [[image:150.1.2.jpg|right|350px]]<br /> Any documentation not listed in this article should follow the established naming convention, with the addition of file descriptions. For example: 140221-B01_J3P0001C_20140328_glassbeadcert.pdf. The file description should be long enough to identify the content, yet remain within the 75 character limit.<br /> <br /> Following is additional detail on how to organize the QM documents in each of the folders:<br /> <br /> '''Checklists: '''<br /> <br /> The “Checklists” folder is the required storage location for all inspection checklists. The standard inspection checklist forms, shown in the side bar, are pre-named with the correct file description. The [https://www.modot.org/media/17176 Required Naming Convention for Checklists], a list of the correct file name for each checklist, is available. Use the standard format described above for the naming convention.<br /> <br /> '''Corrective Action Requests:'''<br /> <br /> A [https://www.modot.org/media/981 CAR form] is available for initiating and tracking Corrective Action Requests.<br /> <br /> '''Daily Inspection Report (DIR): '''<br /> <br /> The “DIR” folder is the required storage location for all [http://www.modot.org/business/contractor_resources/Quality_Management/Daily%20Inspection%20Report.pdf Daily Inspection Reports]. Following is the file naming convention for the DIR:<br /> <br /> [[image:105.23.1.3 DIR.jpg|center|310px]] <br /> <br /> '''Electronic Payrolls: '''<br /> <br /> Refer to [http://epg.modot.org/index.php?title=Category:110_State_and_Federal_Wage_Rates_and_Other_Requirements#110.3_Prevailing_Wages_and_Records_.28Guidance_for_Sec_110.3.29 EPG 110.3 Prevailing Wages and Records] for guidance on electronic payrolls. This folder is optional and only used if the contractor prefers to submit digitally signed electronic payrolls rather than mailing ink-signed originals. All payrolls in this folder must be digitally signed.<br /> <br /> '''Land Disturbance Inspection (MoDOT):'''<br /> <br /> This folder is optional, but can be used to distribute the project Land Disturbance Inspection Records to the contractor. The MoDOT inspector is responsible for performing the land disturbance inspection, recording the information on the form, and distributing the form to the contractor. The contractor is responsible for reviewing the form and taking the necessary actions, if required. Following is the file naming convention for this record and the summary: <br /> <br /> [[image:105.23.1.3 Land.jpg|400px|center]]<br /> <br /> <br /> '''Materials Inspection:'''<br /> <br /> The “MaterialsInspection” folder is the prime folder for the following four subfolders: <br /> <br /> :&lt;u&gt;Certifications:&lt;/u&gt;<br /> <br /> :The “Certifications” folder is the required storage location for all material certifications. Below is the naming convention for a certification report: <br /> <br /> [[image:105.23.1.3 cert.jpg|center|430px]]<br /> <br /> :&lt;u&gt;Material Receiving Inspection Reports:&lt;/u&gt;<br /> <br /> :The “MaterialReceivalReports” folder is the required storage location for all [https://www.modot.org/media/13277 Material Receiving Inspection Reports]. Following is the naming convention for a receiving report:<br /> <br /> [[image:105.23.1.3 material.jpg|center|400px]]<br /> <br /> :&lt;u&gt;QC Testing Results:&lt;/u&gt;<br /> <br /> :The “QCTestingResults” folder is the required storage location for all test reports. Links to the standard test report forms are shown in the side bar. The [https://www.modot.org/media/17177 Required Naming Conventions for Forms], the naming convention for these reports, is available.<br /> <br /> :&lt;u&gt;Requests for Transfer:&lt;/u&gt;<br /> <br /> :The “RequestsforTransfer” folder is the storage location for all [https://www.modot.org/media/13278 requests to transfer inspected material] from other projects. Below is the file naming convention for this report:<br /> <br /> [[image:105.23.1.3 request.jpg|center|520px]]<br /> <br /> :&lt;u&gt;NCRs:&lt;/u&gt;<br /> <br /> :The “NCRs” folder has two subfolders to store “pending” and “resolved” Non-conformance Reports. Following is the file naming convention for NCRs: <br /> <br /> [[image:105.23.1.3 resolved.jpg|center|440px]]<br /> <br /> :&lt;u&gt;Photos and Videos:&lt;/u&gt;<br /> <br /> :The “PhotosVideos” folder is an optional folder for MoDOT and the contractor to share project photos and videos. Following is the file naming convention for photos and videos:<br /> <br /> [[image:105.23.1.3 photos.jpg|center|500px]]<br /> <br /> :&lt;u&gt;QMP:&lt;/u&gt;<br /> <br /> :The “QMP” folder is the required storage location for the project Quality Management Plan (QMP) and any revised plans. A [https://www.modot.org/media/13220 sample QMP] is available. Following is the file naming convention for the original QMP:<br /> <br /> [[image:105.23.1.3 qmp.jpg|center|340px]]<br /> <br /> :Below is the file naming convention for revised QMPs:<br /> <br /> [[image:105.23.1.3 qmp2.jpg|center|360px]]<br /> <br /> :&lt;u&gt;Safety Plan:&lt;/u&gt;<br /> <br /> :The “SafetyPlan” folder is the required storage location for the project Safety Plan and any revised plans. Following is the file naming convention for the Safety Plan (for revised plans, add _R1, _R2, etc.):<br /> <br /> [[image:105.23.1.3 safety.jpg|center|385px]]<br /> <br /> :&lt;u&gt;Traffic Control Reports:&lt;/u&gt;<br /> <br /> :The “TrafficControlReports” folder is the required storage location for all [http://www.modot.org/business/contractor_resources/Quality_Management/Traffic%20Control%20Inspection%20Report.pdf Traffic Control Inspection Reports] and the [https://www.modot.org/media/980 MOT Lane Closure Checklists]. Following is the file naming convention for each report:<br /> <br /> [[image:105.23.1.3 traffic.jpg|center|500px]]<br /> <br /> :&lt;u&gt;Work Plan:&lt;/u&gt;<br /> <br /> :The “WorkPlan” folder is the required storage location for the Work Plan on each work activity. Use the standard format described above for the naming convention.<br /> <br /> :&lt;u&gt;Work Schedules:&lt;/u&gt;<br /> <br /> :The “WorkSchedules” folder contains two subfolders, one for the Project Schedule and one for the Weekly Schedule. A [https://www.modot.org/media/13221 sample Weekly Schedule] is available. Use the standard format described above for the naming convention.<br /> <br /> ==150.2 Quality Management AASHTOWARE Project Reporting – MoDOT Staff Only==<br /> <br /> An AASHTOWARE Project (AWP) sample record shall be created for all QC, QA and QC/QA retained samples. Test data shall be reported on the appropriate templates under the Tests tab on the AWP record. The representative quantity shall be reported under the Contract tab on the AWP record for the QC samples. The quantity under the Contract tab on the record for the QA independent and QC/QA retained samples shall be “0”. The representative quantity for the test sample will be reported on the Basic Sample Data Tab. When available, the Excel2Oracle spreadsheets should be used by both MoDOT staff and contractors.</div>

Hallej1 https://epgtest3.modot.org/index.php?title=LPA:136.13_LPA_Policy_Changes&diff=52124 2022-12-19T18:18:00Z

<p>Hallej1: </p> <hr /> <div>&lt;!-- <br /> INSTRUCTIONS FOR ADDING A DEFAULT DIVISION STYLE OF BOXES<br /> <br /> 1) Copy the next 4 lines of code below<br /> 2) Paste code below where you want to insert your update<br /> 3) Update the Date and Text <br /> <br /> &lt;div style=&quot;margin: 15px; border:1px solid black; width:97%; background-color:white; padding:5px; border-radius:5px; box-shadow:10px 10px 5px #888888&quot;&gt;September 20, 1971<br /> ----<br /> TEXT FOR RECENT UPDATES SHOULD BE IN THIS AREA<br /> &lt;/div&gt;<br /> <br /> --&gt;<br /> &lt;!-- ADD NEW CONTENT BELOW THIS LINE --&gt;<br /> <br /> &lt;div style=&quot;margin: 15px; border:1px solid black; width:97%; background-color:white; padding:5px; border-radius:5px; box-shadow:10px 10px 5px #888888&quot;&gt;December 19, 2022<br /> ----<br /> Updated Consultant Selection Criteria to the [[media:Fig._136.4.2_2022.doc|Fig. 136.4.2, Consultant Selection Criteria]]. <br /> &lt;/div&gt;<br /> <br /> &lt;div style=&quot;margin: 15px; border:1px solid black; width:97%; background-color:white; padding:5px; border-radius:5px; box-shadow:10px 10px 5px #888888&quot;&gt;November 01, 2022<br /> ----<br /> Updated required Supplemental Revisions JSP to the [[media:136.9.1_2019_REV103122.xlsx|Fig. 136.9.1, Final PS&amp;E Submittal Checklist]].<br /> &lt;/div&gt;<br /> &lt;div style=&quot;margin: 15px; border:1px solid black; width:97%; background-color:white; padding:5px; border-radius:5px; box-shadow:10px 10px 5px #888888&quot;&gt;November 01, 2022<br /> ----<br /> Modified [[LPA:136.1 Introduction#136.1.3.2 Preliminary and Final Design|EPG 136.1.3.2]], [[LPA:136.7 Design#136.7.2.1.6.1 Minimum Plan Requirements|EPG 136.7.2.1.6.1]], and [[LPA:136.7 Design#136.7.2.2.5.1 General Guidance|EPG 136.7.2.2.5.1]]. Added clarification of the requirement to have LPA preliminary plans reviewed and approved prior to submitting ROW plans for review and approval and provide the approval on a specific memo. <br /> &lt;/div&gt;<br /> &lt;div style=&quot;margin: 15px; border:1px solid black; width:97%; background-color:white; padding:5px; border-radius:5px; box-shadow:10px 10px 5px #888888&quot;&gt;October 4, 2022<br /> ----<br /> Updated [[media:Fig_136-3-28.docx|Fig. 136.3.28, Soft Match Credit Pre-Approval Form]]<br /> &lt;/div&gt;<br /> &lt;div style=&quot;margin: 15px; border:1px solid black; width:97%; background-color:white; padding:5px; border-radius:5px; box-shadow:10px 10px 5px #888888&quot;&gt;September 6, 2022<br /> ----<br /> Updated checklist to clarify standard operating procedure in [[LPA:136.6 Environmental and Cultural Requirements#136.6.4.5.2.1 Sponsor Responsibilities|136.6.4.5.2.1 Sponsor Responsibilities]]<br /> &lt;/div&gt;<br /> &lt;div style=&quot;margin: 15px; border:1px solid black; width:97%; background-color:white; padding:5px; border-radius:5px; box-shadow:10px 10px 5px #888888&quot;&gt;July 6, 2022<br /> ----<br /> Updated [[media:Fig.136.3.19_July2022.pdf|Fig. 136.3.19, Current BEAP Consultant List]] and [[media:Figure_136.3.20,_07_2022.docx|Fig. 136.3.20, BEAP Project Tracking Form]]<br /> &lt;/div&gt;<br /> &lt;div style=&quot;margin: 15px; border:1px solid black; width:97%; background-color:white; padding:5px; border-radius:5px; box-shadow:10px 10px 5px #888888&quot;&gt;June 21, 2022<br /> ----<br /> In [[LPA:136.9 Plans, Specs and Estimates (PSE)#136.9.2.10 ADA Checklist|EPG 136.9.2.10 ADA Checklist]], [[LPA:136.11 Local Public Agency Construction#136.11.4 Preconstruction Conference|EPG 136.11.4 Preconstruction Conference]] and [[LPA:136.11 Local Public Agency Construction#136.11.13.5 American’s with Disabilities Act (ADA) Check List|EPG 136.11.13.5 American’s with Disabilities Act (ADA) Check List]] the [https://epg.modot.org/forms/CM/ADA_Checklist.pdf ADA Checklist (Fig. 136.9.4)] was updated to reflect the minimum distance of pushbuttons from the curb line has been returned to 30 inches.<br /> &lt;/div&gt;<br /> &lt;div style=&quot;margin: 15px; border:1px solid black; width:97%; background-color:white; padding:5px; border-radius:5px; box-shadow:10px 10px 5px #888888&quot;&gt;June 16, 2022<br /> ----<br /> Guidance for LPA ROW Staff negotiators was clarified in [[LPA:136.8 Local Public Agency Land Acquisition#136.8.1.2 State Responsibility|EPG 136.8.1.2 State Responsibility]] and [[LPA:136.8 Local Public Agency Land Acquisition#136.8.11.5.2 Approval of Contract|EPG 136.8.11.5.2 Approval of Contract]].<br /> &lt;/div&gt;<br /> &lt;div style=&quot;margin: 15px; border:1px solid black; width:97%; background-color:white; padding:5px; border-radius:5px; box-shadow:10px 10px 5px #888888&quot;&gt;June 2, 2022<br /> ----<br /> In numerous locations in [[LPA:136.8 Local Public Agency Land Acquisition|EPG 136.8 Local Public Agency Land Acquisition]] (such as [[LPA:136.8 Local Public Agency Land Acquisition#136.8.6.1 Definition of Appraisal and Waiver Valuation|EPG 136.8.6.1 Definition of Appraisal and Waiver Valuation]] and [[LPA:136.8 Local Public Agency Land Acquisition#136.8.6.3.2 Value Finding Appraisal Format|EPG 136.8.6.3.2 Value Finding Appraisal Format]]), the appraisal value limit for LPA projects was increased to $25,000 (from $10,000) because of the 2021 FHWA approval.<br /> &lt;/div&gt;<br /> &lt;div style=&quot;margin: 15px; border:1px solid black; width:97%; background-color:white; padding:5px; border-radius:5px; box-shadow:10px 10px 5px #888888&quot;&gt;May 17, 2022<br /> ----<br /> Guidance has been clarified in [[LPA:136.8 Local Public Agency Land Acquisition#136.8.1.2 State Responsibility|EPG 136.8.1.2 State Responsibility]], [[LPA:136.8 Local Public Agency Land Acquisition#136.8.11.5.2 Approval of Contract|EPG 136.8.11.5.2 Approval of Contract]], [[LPA:136.8 Local Public Agency Land Acquisition#136.8.11.6.1 General Requirements|EPG 136.8.11.6.1 General Requirements]] and [[LPA:136.8 Local Public Agency Land Acquisition#136.8.11.6.2 Approval of Contract|EPG 136.8.11.6.2 Approval of Contract]] to show that LPA negotiators (fee and not fee) must be on the approved roster and/or complete the LPA Basic Training. <br /> &lt;/div&gt;<br /> &lt;div style=&quot;margin: 15px; border:1px solid black; width:97%; background-color:white; padding:5px; border-radius:5px; box-shadow:10px 10px 5px #888888&quot;&gt;March 16, 2022<br /> ----<br /> The second paragraph of EPG 136.9.4.1.1.5 was updated to reflect that the DBE Submittal Forms, Fig. 136.9.9, must be completed and submitted with the bid proposal or delivered by all bidders within three working days after the bid opening date.<br /> &lt;/div&gt;<br /> &lt;div style=&quot;margin: 15px; border:1px solid black; width:97%; background-color:white; padding:5px; border-radius:5px; box-shadow:10px 10px 5px #888888&quot;&gt;March 11, 2022<br /> ----<br /> In [https://epg.modot.org/index.php/LPA:136.9_Plans,_Specs_and_Estimates_(PSE)#136.9.4.1.1.16_On_the_Job_Training_.28OJT.29_.2823_CFR_Section_230.29 EPG 136.9.4.1.1.16 On the Job Training], the training provision link was updated to the current training provision.<br /> &lt;/div&gt;<br /> &lt;div style=&quot;margin: 15px; border:1px solid black; width:97%; background-color:white; padding:5px; border-radius:5px; box-shadow:10px 10px 5px #888888&quot;&gt;March 9, 2022<br /> ----<br /> In [[LPA:136.1 Introduction#136.1.2.1.1 Requirements|EPG 136.1.2.1.1 Requirements]] and [[LPA:136.2 Certification and Training|EPG 136.2 Certification and Training, LPA Basic Training]], guidance has been updated to reflect current LPA training requirements.<br /> &lt;/div&gt;<br /> &lt;div style=&quot;margin: 15px; border:1px solid black; width:97%; background-color:white; padding:5px; border-radius:5px; box-shadow:10px 10px 5px #888888&quot;&gt;March 8, 2022<br /> ----<br /> In [[LPA:136.3 Federal Aid Basics#The MoDOT district representative|EPG 136.3.13 Agreements]], the outdated requirement to submit 7 copies of the program agreement was removed.<br /> &lt;/div&gt;<br /> <br /> 9/24/21: The latest [[media:127.14.3.1 2021.pdf|programmatic agreement]] between MoDOT and FHWA is available in the second paragraph of [[LPA:136.6 Environmental and Cultural Requirements#136.6.3 Categorical Exclusion (CE)|EPG 136.6.3 Categorical Exclusion (CE)]].<br /> <br /> 9/16/21: [[media:136.9.6.docx|Fig. 136.9.6 Utility Status Letter]] now requires an LPA letterhead and a signature from an LPA Person in Responsible Charge.<br /> <br /> 8/31/21: Updated [[media:136.6.4 instructions 2021.pdf|Fig. 136.6.4, How to Complete the Request for Environmental Review]] to align with the new web-based system.<br /> <br /> 7/13/21: The [[media:Fig.136.3.24 2021.docx|Fig. 136.3.24, TEAP Program Application]] in [[LPA:136.3 Federal Aid Basics|EPG 136.3 Federal Aid Basics]] has been updated by increasing the federal fund limit to $12K per project and adding clarification about &quot;person in responsible charge&quot;.<br /> <br /> 6/11/21: Updated [[media:136.6.6 2021.pdf|Fig. 136.6.6, Generalized flowchart of the Section 106 Process for Local Public Agencies]] to bring it into compliance with existing guidance in [[LPA:136.6 Environmental and Cultural Requirements|EPG 136.6 Environmental and Cultural Requirements]].<br /> <br /> 5/14/21: At the end of the [[LPA:136.6 Environmental and Cultural Requirements#In making a de minimis|last paragraph of EPG 136.6.4.2.3 De Minimis Determination]], guidance was clarified that the public must be able to review the effects of the project on the Sec 4f property.<br /> <br /> 5/11/21: New guidance is now available at [[LPA:136.8 Local Public Agency Land Acquisition#136.8.7.5 Administrative Settlements|EPG 136.8.7.5 Administrative Settlements]] for making administrative settlements, preparing a letter of justification and other considerations.<br /> <br /> 5/10/21: The [[media:146 CUF After Mar 2021.pdf|Commercially Useful Function (CUF) Determination Form]], discussed in [[LPA:136.11 Local Public Agency Construction#136.11.9 Commercially Useful Function (CUF)|EPG 136.11.9 Commercially Useful Function (CUF)]], has been revised with more open ended questions that assist in determining whether a DBE is performing a Commercially Useful Function. The form now includes a field observation section for inspectors to note what they saw in the field. <br /> <br /> 4/27/21: The former EPG 136.7.3.1.2.1.11 Buy America Requirements was deleted since the Buy America JSP is now in the spec book. The new guidance in [[LPA:136.7 Design#136.7.3.1.3 Supplemental Revisions Job Special Provision (JSP)|EPG 136.7.3.1.3 Supplemental Revisions Job Special Provision (JSP)]] presents the requirement for the use of the Supplemental Revisions JSP.<br /> <br /> 4/20/21: [[media:136.6.4 instructions 2018.doc|Fig. 136.6.4, How to Complete the Request for Environmental Review]], has been updated to current practice.<br /> <br /> 2/19/21: [[media:136.9.4 Mar 2021.docx|Fig. 136.9.4, ADA Checklist]] was updated. On Page 15 of the checklist, the force to activate Accessible Pedestrian Signal pushbuttons was revised as was their minimum distance from the curb line and their height from the ground. On both Page 15 and 16, guidance was more closely tied to compliance with the EPG.<br /> <br /> 2/18/21: Contact information has been updated in [[media:Fig.136.3.20 2021.docx|Fig. 136.3.20, BEAP Project Tracking Form]]. <br /> <br /> 1/15/21: At the bottom of [[LPA:136.6 Environmental and Cultural Requirements#136.6.1 Introduction|Key Environmental/Cultural Resources Compliance Milestones]] table, added Public Involvement information. Also, clarified that public involvement is needed with the RER in a new paragraph at bottom of [[LPA:136.6 Environmental and Cultural Requirements#136.6.4.12 Community Impact Assessment (Social/Economic/Environmental Justice)|EPG 136.6.4.12 Community Impact Assessment (Social/Economic/Environmental Justice)]]. <br /> <br /> 11/23/20: Guidance was expanded in [[LPA:136.11 Local Public Agency Construction#136.11.13 Documentation Requirements|EPG 136.11.13 Documentation Requirements]] through [[LPA:136.11 Local Public Agency Construction#136.11.13.2 Payment Diaries|EPG 136.11.13.2 Payment Diaries]]. MoDOT will no longer be approving specific software for use; the LPA must ensure the software chosen meets the outlined criteria. Guidance about what should be documented in the construction diaries was clarified in [[LPA:136.11 Local Public Agency Construction#136.11.13.1 Project Diaries|EPG 136.11.13.1 Project Diaries]]. <br /> <br /> 9/30/20: Guidance for the A-date process in [[LPA:136.8 Local Public Agency Land Acquisition#Square 14|EPG 136.8.1.6 Local Public Agency - Right of Way and Easement Acquisition, &quot;Square 14&quot;]] and the first and third paragraphs of [[LPA:136.8 Local Public Agency Land Acquisition#136.8.2.2 Acquisition Authority|EPG 136.8.2.2 Acquisition Authority]] has been clarified and updated to reflect current policy and processes.<br /> <br /> 9/2/20: Clarified [[media:136.4.7 2020.docx|Fig. 136.4.7, Sample Solicitation &amp; Sample Scope of Services]], by adding &quot;Remove note before posting&quot; to instructions just below the table on the second page.<br /> <br /> 8/13/20: The seventh paragraph of [[LPA:136.6 Environmental and Cultural Requirements#136.6.4.6 Base Floodplain and Regulatory Floodway|EPG 136.6.4.6 Base Floodplain and Regulatory Floodway]] was revised to make CFR requirements more apparent.<br /> <br /> 7/14/20: Minor updates were made to Fig. 136.9.3, Federal Project Bid Proposal Boilerplate.<br /> <br /> 7/9/20: The last sentence of the second paragraph of [[LPA:136.9 Plans, Specs and Estimates (PSE)#136.9.4.1.1.15 Disadvantaged Business Enterprise (DBE) (49 CFR Part 26)|EPG 136.9.4.1.1.15 Disadvantaged Business Enterprise (DBE) (49 CFR Part 26)]] is new guidance about how to fill out Fig. 136.9.9, DBE Submittal Forms. Fig. 136.9.3, Federal Project Bid Proposal Boilerplate and Fig. 136.9.9, DBE Submittal Forms were also updated.<br /> <br /> 7/1/20: In the second paragraph of [[LPA:136.4 Consultant Selection and Consultant Contract Management#136.4.3.2 Supplemental Agreements|EPG 136.4.3.2 Supplemental Agreements]], guidance was clarified, now including submitting a copy of the supplemental to the ECR email group.<br /> <br /> 6/23/20: The second sentence in the first paragraph of [[LPA:136.4 Consultant Selection and Consultant Contract Management#136.4.2.6 Step 5 - Selection of Consultant|EPG 136.4.2.6 Step 5 - Selection of Consultant]] was added to clarify guidance about an LPA disqualifying a consultant.<br /> <br /> 6/18/20: Guidance in [[LPA:136.6 Environmental and Cultural Requirements#136.6.3 Categorical Exclusion (CE)|EPG 136.6.3 Categorical Exclusion (CE)]] was updated with the FHWA agreement requirements.<br /> <br /> 6/17/20: The process in [[LPA:136.6 Environmental and Cultural Requirements#136.6.4.1.1 Step 1, Determine Need for Cultural Resource Investigations|EPG 136.6.4.1.1 Step 1, Determine Need for Cultural Resource Investigations]] has dramatically changed. MoDOT has hired a consultant to provide oversight the Local Public Agency’s Section 106 compliance. The EPG directed the LPA to send a Project Information form to the SHPO to start the Section 106 process. That is no longer required. The new approach is for the LPA to submit a Request for Environmental Review to MoDOT. <br /> <br /> 5/1/20: In [[LPA:136.8 Local Public Agency Land Acquisition#136.8.2.2 Acquisition Authority|EPG 136.8.2.2 Acquisition Authority]], [[LPA:136.8 Local Public Agency Land Acquisition#136.8.2.7 Inspection of Documents|EPG 136.8.2.7 Inspection of Documents]], [[LPA:136.8 Local Public Agency Land Acquisition#136.8.2.8 Federal Project Number|EPG 136.8.2.8 Federal Project Number]], [[LPA:136.8 Local Public Agency Land Acquisition#136.8.4 Retention and Access to Records|EPG 136.8.4 Retention and Access to Records]] and [[LPA:136.8 Local Public Agency Land Acquisition#136.8.10.1 General|EPG 136.8.10.1 General]], guidance has been added about the documentation MoDOT RW staff is to enter into the LPA State Management System Application (SMS). Also, In EPG 136.8.2.2 Acquisition Authority, the LPA may now request an A-date by submitting only one set (instead of two sets) of completed right of way plans.<br /> <br /> 12/16/19: In [[LPA:136.4 Consultant Selection and Consultant Contract Management#A consulting engineering firm|EPG 136.4.1.6 Conflict of Interest]], clarified guidance by adding information pertaining to when a consultant acts as a city engineer. <br /> <br /> 9/18/19: Numerous minor revisions were made in [[LPA:136.3 Federal Aid Basics#136.3.8.4 Bridge Engineering Assistance Program (BEAP)|EPG 136.3.8.4 Bridge Engineering Assistance Program (BEAP)]] as the new BEAP contract goes into effect. Two BEAP documents (Figs. 136.3.19 and 136.3.20) were updated while two BEAP figures (Fig. 136.3.22 Estimate of Cost and Fig. 136.3.23 General Scope of Services) were deleted. <br /> <br /> 9/6/19: In [[LPA:136.11 Local Public Agency Construction#Change Order Level 1|EPG 136.11.15.2 Change Order Approval]], the LPA change order approval process was updated to current practice. The MoDOT signature is needed for Level 1 change orders and an FHWA review is only required on Change Order Level 2 PODI projects.<br /> <br /> 8/21/19: The link to the TSP was updated in the second paragraph of [[LPA:136.9 Plans, Specs and Estimates (PSE)#136.9.4.1.1.16 On the Job Training (OJT) (23 CFR Section 230)|EPG 136.9.4.1.1.16 On the Job Training (OJT)]].<br /> <br /> 7/22/19: In [[media:136.9.1 2019.xlsx|Fig. 136.9.1, Final PS&amp;E Submittal Checklist]], checklist guidance related to wage rates was updated.<br /> <br /> 7/22/19: As a convenience, guidance for LPAs to access federal emergency relief has been expanded in [[LPA:136.3 Federal Aid Basics#136.3.17 Emergency Relief|EPG 136.3.17 Emergency Relief]].<br /> <br /> 7/22/19: In [[LPA:136.3 Federal Aid Basics#136.3.8 Programs|EPG 136.3.8 Programs]], guidance for LPA programs that are no longer in use was deleted. Also, guidance was updated to accommodate revisions in the FAST Act.<br /> <br /> 5/20/19: In [[LPA:136.6 Environmental and Cultural Requirements#136.6.4.5 Threatened and Endangered Species and Migratory Birds|EPG 136.6.4.5 Threatened and Endangered Species and Migratory Birds]], guidance for the Threatened and Endangerd process was clarified throughout. New (and currently used) guidance, [[LPA:136.6 Environmental and Cultural Requirements#136.6.4.5.3 Migratory Birds|EPG 136.6.4.5.3 Migratory Birds]] was also added. [[media:Fig. 136.6.18.pdf|Fig. 136.6.18, Threatened and Endangered Species Federal Aid Transportation Submittal Checklist]] replaced the old Fig. 136.6.18 LPA Environmental RER T&amp;E Guidance, and [[media:Fig. 136.6.19.pdf|Fig. 136.6.19, August 2018 MoDOT USFWS Threatened and Endangered Species Habitats]] was added.<br /> <br /> 5/14/19: In [[LPA:136.6 Environmental and Cultural Requirements#On linear transportation projects|EPG 136.6.4.3 Section 404 Permits for Wetlands and Streams]], guidance was clarified to attach to RER for documentation purposes.<br /> <br /> 1/16/19: [[media:136.6.3 Jan 18 2019.docx|Fig. 136.6.3, Environmental/Cultural Resources Compliance Checklist]], was updated.<br /> <br /> 1/15/19: In [[LPA:136.2 Certification and Training|EPG 136.2 Certification and Training]], the listing of the web-based NHI courses was updated.<br /> <br /> 1/11/19: A sentence was added to the end of the first paragraph of [[LPA:136.6 Environmental and Cultural Requirements#136.6.4.8 Stormwater and Erosion Control|EPG 136.6.4.8 Stormwater and Erosion Control]] to clarify NEPA information. This info referencing documentation involved when more than one acre is planned to be disturbed was added at the request of the FHWA.<br /> <br /> 11/30/18: [[LPA:136.6 Environmental and Cultural Requirements#136.6.4.13 Noise Standards and Noise Abatement|EPG 136.6.4.13 Noise Standards and Noise Abatement]] was significantly simplified to reflect that LPAs must use MoDOT’s FHWA-approved noise policy.<br /> <br /> 11/20/18: [[media:136.8.8.docx|Clearance Certification Statement (Form 136.8.8)]] was slightly modified by replacing &quot;free deed&quot; with &quot;donation&quot;.<br /> <br /> 11/14/18: In [[LPA:136.3 Federal Aid Basics#136.3.13 Agreements|EPG 136.3.13 Agreements]] and [[LPA:136.12 Figures, Glossary and Other Useful Links#136.12.1 Figures|EPG 136.12.1 Figures]], archaic contract links and listings were removed. Also, in EPG 136.3.13 Agreements, a reference to the CCO site was replaced with a link to EPG 153 Agreements and Contracts.<br /> <br /> 10/26/18: Updated the documentation processes to current practices and updated the requirements of new laws and regulations. Much of [http://ghepglp01/index.php/LPA:136.6_Environmental_and_Cultural_Requirements#136.6.4.3_Section_404_Permits_for_Wetlands_and_Streams EPG 136.6.4.3] was revised as was &quot;Permits for Land Disturbance&quot; in [http://ghepglp01/index.php/LPA:136.6_Environmental_and_Cultural_Requirements#136.6.4.8_Stormwater_and_Erosion_Control EPG 136.6.4.8], the last paragraph of [http://ghepglp01/index.php/LPA:136.6_Environmental_and_Cultural_Requirements#136.6.4.10_Hazardous_Waste EPG 136.6.4.10], the third paragraph of [http://ghepglp01/index.php/LPA:136.6_Environmental_and_Cultural_Requirements#136.6.4.10.2_Painting_Bridges_and_Demolition_of_Painted_Structures EPG 136.6.4.10.2], and [http://ghepglp01/index.php/LPA:136.6_Environmental_and_Cultural_Requirements#136.6.4.14_Air_Quality_Requirements EPG 136.6.4.14]. Fig. 136.6.1, Project Review Process flowchart, Fig. 136.6.2, Key Environmental/Cultural Resources Compliance Milestones, Fig. 136.6.3, Environmental/Cultural Resources Compliance Checklist and Fig. 136.6.14, Procedures for Environmental Clearance of Borrow Sites and Other Disturbed Areas Outside Right of Way were also updated. Fig. 136.6.16 was re-labeled as &quot;LPA Project Checklist for Adverse Effects&quot;.<br /> <br /> 4/10/2018: In the second paragraph of [[136.9 Plans, Specs and Estimates (PSE)#136.9.4.1.1.10.1 Federal Wage Rates (23 USC 113 and 29 CFR 5)|EPG 136.9.4.1.1.10.1 Federal Wage Rates (23 USC 113 and 29 CFR 5)]], guidance was added about including the correct wage rate order from the Dept. of Labor on LPA projects. If an updated wage rate order has been issued within 10 days of the project letting, the updated version has typically not been included in the project documents. This is allowed, however the requirement states that if the agency finds that sufficient time is not afforded to include the updated wage order, then this finding and reasoning must be included in the individual project records.    <br /> <br /> 3/29/18: Procedures in Section 106 (Cultural Resource) Compliance were clarified at the bottom of the second paragraph of [[136.6 Environmental and Cultural Requirements#136.6.4.1.1 Step 1, Determine Need for Cultural Resource Investigations|EPG 136.6.4.1.1 Step 1, Determine Need for Cultural Resource Investigations]] and in the first sentence of [[136.6 Environmental and Cultural Requirements#136.6.4.1.3 Step 3, Preparation of the Memorandum of Agreement|EPG 136.6.4.1.3 Step 3, Preparation of the Memorandum of Agreement]].<br /> <br /> 3/29/18: Removed second sentence of the second paragraph (&quot;In figuring the percentage of the contract work performed, all prices for sublet work shall be at contract unit bid prices.&quot;) from [[136.11 Local Public Agency Construction#136.11.5 Subcontracts |EPG 136.11.5 Subcontracts]]. The sentence was outdated. <br /> <br /> 3/26/18: [[media:136.6.4 instructions 2018.doc|Fig. 136.6.4 How to Complete the Request for Environmental Review]] was updated.<br /> <br /> 1/24/18: In [[136.2 Certification and Training|EPG 136.2 Certification and Training]], the contact information for the Technician Certification Program was updated.<br /> <br /> 12/26/17: [[media:Fig.136.3.24 2017.docx|Fig. 136.3.24, TEAP Program Application]] was updated. Also, in [[136.3 Federal Aid Basics#136.3.8.11.1 Introduction|EPG 136 136.3.8.11.1 Introduction]] and [[136.3 Federal Aid Basics#136.3.8.11.4 TEAP Process and Timeline|EPG 136.3.8.11.4 TEAP Process and Timeline]], guidance was slightly expanded to accommodate the changes in the TEAP Program Application.<br /> <br /> 12/14/17: [[media:Fig.136.3.20 2019.docx|Fig. 136.3.20, BEAP Project Tracking Form]] was updated. Also, Gabe Wolken was added as a contact for BEAP information in [[136.3 Federal Aid Basics#136.3.8.10 Bridge Engineering Assistance Program (BEAP)|EPG 136.3.8.10 Bridge Engineering Assistance Program (BEAP)]].<br /> <br /> 11/30/17: In [[136.3 Federal Aid Basics#136.3.15.2 Audit and Final Reimbursement|EPG 136.3.15.2 Audit and Final Reimbursement]], the sentence stating the LPAs must supply a copy of the final audit report to the MPOs was removed.<br /> <br /> 11/13/17: Guidance in [[136.1 Introduction#136.1.2.2 Project Sponsor Eligibility|EPG 136.1.2.2 Project Sponsor Eligibility]] was expanded since the FAST Act has extended eligibility for some programs. Eligibility to nonprofits in the large MPOs (Kansas City, St. Louis and Springfield) is now allowed.  <br /> <br /> 11/1/17: A link was updated in [[media:136.9.3 2018.docx|Fig. 136.9.3, Federal Project Bid Proposal Boilerplate]].<br /> <br /> 10/31/17: [[media:136.6.7 2017.docx|Fig. 136.6.7, Memorandum of Agreement for Mitigation of Adverse Effects]] was updated with new “Whereas” clauses to address issues brought up by FHWA and the Advisory Council over the last few years.<br /> <br /> 9/20/17: The Subcontractor Disclosure in [[media:136.9.3 2018.docx|Fig. 136.9.3, Federal Project Bid Proposal Boilerplate]] was updated to reflect the current section of the Missouri Standard Specification for Highway Construction.<br /> <br /> 9/18/17: In [[media:136.3.1 Sept 2017.doc|Fig. 136.3.1, Programming Data Form]], the funding description and FFATA requirement were further clarified. <br /> <br /> 9/1/17: At the bottom of the first paragraph of [[136.8 Local Public Agency Land Acquisition#136.8.5.2 Title Information|EPG 136.8.5.2 Title Information]], a sentence was added with a link to a checklist of items to determine property ownership for ADA projects. <br /> <br /> 6/29/17: A new PowerPoint, [[media:136.4.1.ppt|Consultant Inspection]], in [[136.4 Consultant Selection and Consultant Contract Management#136.4.1.3.3 Construction Engineering/Construction Inspection (CE)|EPG 136.4.1.3.3 Construction Engineering/Construction Inspection (CE)]] provides guidance on how to solicit and procure a consultant for construction. Its guidance is primarily aimed at MoDOT Construction employees but may also be of assistance to others.<br /> <br /> 6/23/17: [[media:136.3.1 Sept 2017.doc|Fig. 136.3.1, Programming Data Form]] was updated to show the ''LPA Internal Procedures Manual'' requires LPAs submit the FFATA form with the programming data form. <br /> <br /> 6/9/17: Guidance for how to obtain additional help for environmental clearance of borrow sites and other land disturbance activities outside right of way was clarified in the fifth sentence of the first paragraph in [[136.6 Environmental and Cultural Requirements#136.6.4.9 Borrow Sites and Other Land Disturbance Activities Outside Right of Way|EPG 136.6.4.9 Borrow Sites and Other Land Disturbance Activities Outside Right of Way]].<br /> <br /> 5/24/17: Updated Fig. 136.3.20, BEAP Project Tracking Form with new contact information.<br /> <br /> 4/27/17: In the second paragraph of [[136.11 Local Public Agency Construction#136.11.5 Subcontracts|EPG 136.11.5 Subcontracts]], an archaic sentence was deleted that had required MoDOT to approve subcontracts.<br /> <br /> 3/28/17: [[media:136.9.3 2018.docx|Fig. 136.9.3, Federal Project Bid Proposal Boilerplate]], was revised to reflect changes made in the EPG on Wage Rates. State Only Prevailing wage option in section 9 was deleted.<br /> <br /> 1/5/17: In requirement #2 of [[136.4 Consultant Selection and Consultant Contract Management#136.4.1.5 Consultant Qualification|EPG 136.4.1.5 Consultant Qualification]], it was clarified that a firm is not required to submit a certificate of authority to become prequalified when it does work outside the jurisdiction of the MO Board for APEPLSPLA.<br /> <br /> 1/4/17: In [[136.6 Environmental and Cultural Requirements#136.6.4.8 Stormwater and Erosion Control|EPG 136.6.4.8 Stormwater and Erosion Control]], minor clarifications based on the new stormwater permit have been made. This includes new guidance, &quot;Individual State Operating Permit for TS4&quot;. <br /> <br /> 12/27/16: Updated [[media:136.3.1 2016.doc|Fig. 136.3.1, Programming Data Form]], with additional information.<br /> <br /> 11/17/16: [[media:136.9.3 2018.docx|Fig. 136.9.3, Federal Project Bid Proposal Boilerplate]], was updated to reflect the current versions of the MoDOT specs and standard plans.<br /> <br /> 10/20/16: In [[136.6 Environmental and Cultural Requirements#136.6.2 National Environmental Policy Act (NEPA) Classification|EPG 136.6.2 National Environmental Policy Act (NEPA) Classification]], a clarifying sentence was added in the first paragraph to help LPAs find info in [[media:136.6.4 instructions 2016.doc|Fig. 136.6.4, How to Complete the Request for Environmental Review]].<br /> <br /> 10/6/16: Fig. 136.6.4 LPA Request for Environmental Review (RER) was eliminated and replaced with a [https://www6.modot.mo.gov/RERProject/Pages/Login.aspx?ReturnUrl=%2fRERProject%2f link to the new RER]. Also, in [https://epg.modot.org/index.php?title=136.9_Plans%2C_Specs_and_Estimates_%28PSE%29#136.9.4.1.1.10.1_Federal_Wage_Rates_.2823_USC_113_and_29_CFR_5.29 EPG 136.9.4.1.1.10.1 Federal Wage Rates], federal wage rate language was removed to make guidance stay current with federal regulations.<br /> <br /> 9/6/16: The former prorata tax form (7-22.2C) was updated so as to be only for the LPAs. It was also relabeled as [https://epg.modot.org/forms/RW/LPA%20Links/LPA%20Prorata.docx Local Public Agency Prorata Real Estate Tax Claim (Form 136.8.7.1.11)].<br /> <br /> 9/2/16: In [[136.10 Advertisement for Bid and Project Award#136.10.8 Award|EPG 136.10.8 Award]], the need for a performance/contract bond in the executed construction contract for LPA projects was clarified. <br /> <br /> 7/22/16: A minor revision to [[media:136.10.2 2016.doc|Fig. 136.10.2, Bid Concurrence Checklist]] was made so that asterisks are no longer to be shown by items that DBE will perform.<br /> <br /> 7/5/16: In [[136.9 Plans, Specs and Estimates (PSE)#136.9.4.1.1.5 Suspension and Debarment Certification (23 CFR 635.112)|EPG 136.9.4.1.1.5 Suspension and Debarment Certification]], the $25,000 contract threshold was removed from the certification requirements for suspension and debarment to make guidance consistent with consultant contract language.<br /> <br /> 6/23/16: In the second paragraph of [[136.11 Local Public Agency Construction#136.11.5 Subcontracts|EPG 136.11.5 Subcontracts]], guidance was added to clearly indicate that subcontracts require FHWA Form 1273.<br /> <br /> 6/15/16: In [[136.11 Local Public Agency Construction#136.11.13.4 Erosion Control|EPG 136.11.13.4 Erosion Control]], the outdated link to the &quot;Erosion Control Inspection Record&quot; was replaced with a link to &quot;Land Disturbance Inspection Record&quot;.<br /> <br /> 6/2/16: [[media:136.6.4 instructions 2016.doc|Fig. 136.6.4, How to Complete the Request for Environmental Review]], was clarified.<br /> <br /> 5/27/16: Guidance in [[136.6 Environmental and Cultural Requirements#136.6.4.5 Threatened and Endangered Species|EPG 136.6.4.5 Threatened and Endangered Species]] was expanded and clarified. The new [[media:136.6.18.docx|Fig. 136.6.18, LPA Environmental RER T&amp;E Guidance]] was also added. Also, in Articles XVI and XVII of [[media:Fig. 136.4.1 May 2016.docx|Fig. 136.4.1, Engineering Services Contract]], references were added to Title VI and ADA requirements.<br /> <br /> 5/19/16: In [[136.6 Environmental and Cultural Requirements|EPG 136.6 Environmental and Cultural Requirements]], the previous Fig. 136.6.4 was replaced with a new link, [https://www6.modot.mo.gov/RERProject/ LPA Request for Environmental Review]. The new [[media:136.6.4 instructions 2016.doc|Fig. 136.6.4, How to Complete the Request for Environmental Review]] presents updated instructions.<br /> <br /> 5/13/16: Updated the [[media:Form C-239 2016.pdf|Final Acceptance Report (Form C-239)]] and [[media:136.11.23 2016.pdf|Fig. 136.11.23, LPA Semi-Final Inspection Checklist (Form C-236)]] in EPG 136.11. [[media:136.11.3 2016.pdf|Fig. 136.11.3, Progress Report]] was made a fillable form. <br /> <br /> 4/29/16: In the last sentence of [[136.11 Local Public Agency Construction#136.11.13.1 Project Diaries|EPG 136.11.13.1 Project Diaries]], &quot;free&quot; was removed from the description of NHI training courses, since not all of them are now free.<br /> <br /> 4/27/16: Deleted Fig. 136.11.17 Semi-Final Inspection Letter since it was redundant to Fig. 136.11.23 LPA Semi-Final Inspection Checklist (Form C-236). [[136.11 Local Public Agency Construction#136.11.20 Project Closeout Certifications|EPG 136.11.20 Project Closeout Certifications]] was revised to reflect this change.<br /> <br /> 4/1/16: There were numerous updates in [[136.8 Local Public Agency Land Acquisition|EPG 136.8 Local Public Agency Land Acquisition]] to reflect current practices. In the first paragraph of [[136.8 Local Public Agency Land Acquisition#136.8.4 Retention and Access to Records|EPG 136.8.4 Retention and Access to Records]], the use of the Parcel File Checklist was deleted. In the second paragraph, the record retention period of 3 years was revised to begin when the project closure action is submitted to the FHWA. In [[136.8 Local Public Agency Land Acquisition#136.8.6.3.1.20D.9 Manufactured Homes|EPG 136.8.6.3.1.20D.9 Manufactured Homes]], the determination of whether a mobile home is personalty was clarified. In the second paragraph of [[136.8 Local Public Agency Land Acquisition#136.8.7.1.2 Negotiator's Report|EPG 136.8.7.1.2 Negotiator's Report]], the Parcel File Checklist, the Negotiator's Report form and the Negotiator's Narrative no longer should be attached to the cover of each parcel file. In [[136.8 Local Public Agency Land Acquisition#136.8.8.3 Use of a Fee Attorney or Special Counsel|EPG 136.8.8.3 Use of a Fee Attorney or Special Counsel]], the permissible use of a Fee Attorney was introduced and defined. In the second paragraph of [[136.8 Local Public Agency Land Acquisition#136.8.9 Relocation Assistance|EPG 136.8.9 Relocation Assistance]], the quotation defining a displaced person was slightly modified. Finally, the term &quot;taking&quot; was replaced with &quot;acquisition&quot; in several locations within EPG 136.8.<br /> <br /> 3/24/16: Updated Fig. 136.3.20, BEAP Project Tracking Form.<br /> <br /> 3/4/16: Updated [[media:110.2 checklist 2016.pdf|Fig. 136.11.13, Job Bulletin Board Checklist]].<br /> <br /> 3/3/16: [[media:136.6.7 201.docx|Fig. 136.6.7, Memorandum of Agreement for Mitigation of Adverse Effects]], was updated to reflect the recodified National Historic Preservation Act.<br /> <br /> 3/1/16: In [[136.7 Design#136.7.2.8 Proprietary Items |EPG 136.7.2.8 Proprietary Items]], a link to the Proprietary Item Library was inserted.<br /> <br /> 2/24/16: Guidance in [[136.11 Local Public Agency Construction#136.11.13.3 Invoices|EPG 136.11.13.3 Invoices]] was clarified by adding a reference to [[media:136.3.18 2014.xls|Fig. 136.3.18, Construction Reimbursement Form]]. Also, [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.4.3.2 LPA Consideration of DBE for On-Call Contracts|EPG 136.4.2.4.3.2 LPA Consideration of DBE for On-Call Contracts]] was clarified by additional guidance and by renumbering the subarticles. <br /> <br /> 2/22/16: A link to [[media:136.11.23.pdf|Fig. 136.11.23, LPA Semi-Final Inspection Checklist (Form C-236)]] was added and the guidance for it was clarified.<br /> <br /> 2/18/16: The former &quot;Final Acceptance Checklist&quot; was relabeled as the new [[media:136.11.22.docx|Fig. 136.11.22, LPA Final Acceptance Checklist]].<br /> <br /> 1/27/16: In [[media:Fig. 136.4.1 2016.docx|Fig. 136.4.1, Engineering Services Contract]], revised Article VII D.2, D.3 and E to indicate the overhead rate (OHR) established at the execution of the original contract shall be utilized throughout the life of the contract. This reduces potential errors caused by having to change the OHR on billing invoices every year based on audited OHR. Revision allows consultants to utilize one OHR throughout the life of the contract<br /> <br /> 1/26/16: Three archaic figures in EPG 136.3 Federal Aid Basics were removed: Fig. 136.3.5 HS 4, Safe Routes to School Program Agreement; Fig. 136.3.7 FS 12, Transportation Enhancement Funds Program Agreement and Fig. 136.3.8 FS 12 SUP, Transportation Enhancement Funds Supplemental Agreement. New link to Fig. 136.3.5, FS25, Transportation Alternatives Program added.<br /> <br /> 1/22/16: Four LPA agreements were updated: [http://sharepoint/support/CC/CCO%20Contracts/FS_-_Financial_Services/FS11_STP_Urban_Program_Agreement.docx Fig. 136.3.6, FS 11, STP Urban Program Agreement], [http://sharepoint/support/CC/CCO%20Contracts/FS_-_Financial_Services/FS13_Off_System_Bridge_Replacement.doc Fig. 136.3.9, FS 13, Off-System Bridge Replacement and Rehabilitation Program Agreement], [http://sharepoint/support/CC/CCO%20Contracts/FS_-_Financial_Services/FS14_On_System_Bridge_Replacement.docx Fig. 136.3.10, FS 14, On-System Bridge Replacement and Rehabilitation Program Agreement] and [http://sharepoint/support/CC/CCO%20Contracts/FS_-_Financial_Services/FS15_CMAQ_Program.docx Fig. 136.3.11, FS 15, Congestion Mitigation and Air Quality Agreement].<br /> <br /> 1/15/16: In [[136.11 Local Public Agency Construction#136.11.19 Final Acceptance|EPG 136.11.19 Final Acceptance]], the differences between corrections and exceptions were clarified. Also, a minor clarification updated [[media:136.11.9 2016.docx|Fig. 136.11.9, Contractor DBE Certification]].<br /> <br /> 1/14/16: [[media:136.4.11 2016.doc|Fig. 136.4.11, Consultant Selection &amp; ESC Submittal Checklist]], was updated to reflect that Audits and Investigations Division no longer conducts pre-audits.<br /> <br /> 1/5/16: [[#136.7.3.1.2.1.10 Safety Apparel Requirements|EPG 136.7.3.1.2.1.10 Safety Apparel Requirements]] was revised to reflect current MoDOT requirements in Sec 107.4. Since the Safety Requirement JSP is no longer a JSP (it has been moved to Sec 107.4), reference to it was removed from the EPG text as well as from [[media:136.9.3 2018.docx|Fig. 136.9.3, Federal Project Bid Proposal Boilerplate]].<br /> <br /> 1/4/16: In [[136.6 Environmental and Cultural Requirements#136.6.4.1 Section 106 (Cultural Resource) Compliance |EPG 136.6.4.1 Section 106 (Cultural Resource) Compliance]], the revision 1) addressed LPA questions and comments and 2) implemented change by the Advisory Council on Historic Preservation from hardcopy submittals to electronic submittals. The revision helps LPAs more easily comply with Section 106 of the National Historic Preservation Act and Section 4(f) of the Department of Transportation Act. Also, added [[media:136.6.15.docx|Fig. 136.6.15, Example e106 Form]], [[media:136.6.16.pdf|LPA Project Checklist]] and [[media:136.6.17.docx|Fig. 136.6.17, Sample LPA Transmittal of MOA Letter]] and the How-to tutorial, [[media:136.6 How to Document a Historic Bridge for Mitigation.pdf|How to Document a Historic Bridge for Mitigation]]. These changes will help LPA partners more easily comply with Section 106 of the National Historic Preservation Act and Section 4(f) of the Department of Transportation Act.<br /> <br /> 12/30/15: A couple of typos were corrected in [[media:136.4.10 Dec 30 2015.xlsx|Fig. 136.4.10, LPA Consultant Services Invoice]].<br /> <br /> 12/24/15: In [[136.11 Local Public Agency Construction#136.11.20 Project Closeout Certifications|EPG 136.11.20 Project Closeout Certifications]], new [[media:136.11.18.docx|Fig. 136.11.18, LPA Final Inspection Letter]], [[media:136.11.19.docx|Fig. 136.11.19, LPA Final List of Acceptance Testers]], [[media:136.11.20.docx|Fig. 136.11.20, LPA DBE Certification Letter]] and [[media:136.11.21.docx|Fig. 136.11.21, LPA Vendor Lien Waiver]] provide templates for consistent submittals by LPAs. <br /> <br /> 12/23/15: In [[136.11 Local Public Agency Construction#136.11.5 Subcontracts|EPG 136.11.5 Subcontracts]], guidance was clarified to state that the LPA is responsible for assuring the subcontractors are qualified. Elsewhere in [[136.11 Local Public Agency Construction|EPG 136.11 Local Public Agency Construction]], Fig. 136.11.6 was replaced with [[media:136.11.6 Dec 2015.pdf|Fig. 136.11.6, Subcontractor Certification Regarding Affirmative Action]]. [[media:136.11.4 2015.doc|Fig. 136.11.4, Request for Approval of Subcontract]], was updated with various clarifications. In [[media:136.11.5 Dec 2015.xls|Fig. 136.11.5, DBE Subcontract Worksheet]], the Percent Sublet this Request equation was updated. Also, from EPG 136.4, various fields were updated in [[media:136.4.10 Dec 2015.xlsx|Fig. 136.4.10, LPA Consultant Services Invoice]], to eliminate calculation errors. Further, [[media:136.9.3 2018.docx|Fig. 136.9.3, Federal Project Bid Proposal Boilerplate]], was updated by removing JSP J. Final Payment Documents JSP. (This JSP was prematurely added to the boilerplate. Removal will eliminate confusion for LPA partners.) The new [[media:136.11.17.docx|Fig. 136.11.17, LPA Semi-Final Inspection Letter]], provides a template for consistent submittals by the LPAs.<br /> <br /> 11/24/15: In [[136.3 Federal Aid Basics#136.3.15.3 OMB Audit|EPG 136.3.15.3 OMB Audit]], to stay current with 2 CFR part 200, the federal expenditure amount was increased from $500K to $750K before an independent audit is required.<br /> <br /> 11/6/15: [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.4.3.2 LPA Consideration of DBE for On-Call Contracts|EPG 136.4.2.4.3.2 LPA Consideration of DBE for On-Call Contracts]] was revised so that DBE Goals will now be established on LPA On-Call Consultant Contracts. This replaces the statewide programmatic goal and provides a level playing field for all on-call consultants in the utilization of DBEs. [[media:Fig. 136.4.1 Nov 2015.docx|Fig. 136.4.1's Attachment E Section 7]] modified to reflect that on-call consultant contracts now set DBE goals.<br /> <br /> 10/27/15: In [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.11 CE Funding Obligation|EPG 136.4.2.11 CE Funding Obligation]], verbiage in the first paragraph was deleted to align guidance to what is in [[media:Fig. 136.4.1 June 2015.docx|Fig. 136.4.1, Engineering Services Contract]] (Article VII, A).<br /> <br /> 10/21/15: [[136.11 Local Public Agency Construction#136.11.19 Final Acceptance|EPG 136.11.19 Final Acceptance]] was clarified, particularly guidance about &quot;corrections&quot; vs. &quot;exceptions&quot;, for LPAs performing Final Acceptance of an LPA project.<br /> <br /> 10/20/15: In [[136.11 Local Public Agency Construction#136.11.18 Final Plans| EPG 136.11.18 Final Plans]], a reference to EPG 136.11.19 was added and a reference to Engineer on Record (EOR) removed to clarify the bridge plan Final Plans requirements. <br /> <br /> 10/20/15: For convenience, the [[media:146 CUF July 27 2015.pdf|Commercially Useful Function (CUF) Determination Form]] was added to the figure box at the top of [[136.11 Local Public Agency Construction|EPG 136.11 Local Public Agency Construction]].<br /> <br /> 10/16/15: [[media:136.9.3 2018.docx|Fig. 136.9.3 Federal Project Bid Proposal Boilerplate]] was updated to include the DBE JSP for Liquid Asphalt.<br /> <br /> 10/13/15: In [[136.7 Design#136.7.5.3 Incentive/Disincentive Provisions|EPG 136.7.5.3 Incentive/Disincentive Provisions]], renamed and updated the old FHWA Contract Administration Core Curriculum's link to a link to FHWA's Technical Advisory for Incentive/Disincentive for Early Completion. <br /> <br /> 10/1/15: In [https://epg.modot.org/index.php?title=136.7_Design#136.7.2.5_Railroads EPG 136.7.2.5 Railroads] and the first paragraph of [https://epg.modot.org/index.php?title=136.9_Plans%2C_Specs_and_Estimates_%28PSE%29#136.9.2.4_Railroads EPG 136.9.2.4 Railroads], guidance about railroad coordination (even if no railroads are impacted) was clarified to comply with the FHWA statement required for all fed-aid projects. FHWA policy now requires a specific &quot;railroad status statement&quot; from the LPA even when no railroads are affected by the project. Line 11 of [[media:136.9.1 Oct 2015.xlsx|Fig. 136.9.1, Final PS&amp;E Submittal Checklist]] now requires supporting documentation for railroad impacts. <br /> <br /> 9/22/15: Guidance was updated to conform with new BEAP contract. In the fourth paragraph of [[136.3 Federal Aid Basics#Upon completion of the consultant's evaluation|EPG 136.3.8.10.3 Administration]], guidance was updated about where the report is sent. IRS mileage rates are specified in the third paragraph of [[136.3 Federal Aid Basics#136.3.8.10.4 Funding and Authorized Costs|EPG 136.3.8.10.4 Funding and Authorized Costs]]. In the third paragraph of EPG 136.3.8.10.4 Funding and Authorized Costs, it is now specified that the BEAP Project Tracking Form include a total cost for the project, including personnel costs as well as direct costs. In the first paragraph of [[136.3 Federal Aid Basics#136.3.8.10.5 General Process for a BEAP Study|EPG 136.3.8.10.5 General Process for a BEAP Study]], the process to submit the draft copy of a BEAP Study has been revised. In [[#136.3.8.10.6 Local Public Agency Responsibilities|EPG 136.3.8.10.6 Local Public Agency Responsibilities]], the LPA will now provide pictures of a structure that is not of the Nat'l Bridge Inventory. Also, in [[136.3 Federal Aid Basics#Whenever load rating calculations are done|EPG 136.3.8.10.7 Consultant Responsibilities]], the consultant is to provide inventory and operating ratings for the HS20 design vehicle and provide a load posting recommendation when load rating calculations are part of the BEAP Study. Finally, all of the BEAP documents (Figs. 136.3.19-136.3.23) were updated.<br /> <br /> 9/17/15: In the second paragraph of [[136.11 Local Public Agency Construction#136.11.18 Final Plans|EPG 136.11.18 Final Plans]], guidance was clarified to show that MoDOT only needs &quot;as built&quot; plans when there have been significant structural or material changes to the original design plans (that is, changes that would require approval of the Engineer on Record, EOR).<br /> <br /> 9/17/15: In the first paragraph of [[136.10 Advertisement for Bid and Project Award#136.10.7.3 Bid Evaluation Considerations|EPG 136.10.7.3 Bid Evaluation Considerations]], the minimum standard for the number of bid evaluations has been set at three. When three bids are not available, the LPA is asked to explain.  <br /> <br /> 9/10/15: Links to the latest version of SEMA's Floodplain Development Permit Application and No-Rise Certificate have been provided.<br /> <br /> 8/21/15: In the third paragraph of [[136.4 Consultant Selection and Consultant Contract Management#Each individual shall rate the firms|EPG 136.4.2.6 Step 5 - Selection of Consultant]], guidance was clarified by eliminating vagueness about the necessity for local public agencies to submit review forms and comments about rating firms.<br /> <br /> 8/20/15: In [[136.3 Federal Aid Basics|EPG 136.3 Federal Aid Basics]], three contracts were updated ([[media:136.3.5 2015.pdf|Fig. 136.3.5, HS 4, Safe Routes to School Program Agreement]], [[media:136.3.9 Aug 2015.docx|Fig. 136.3.9, FS 13, Off-System Bridge Replacement and Rehabilitation Program Agreement]] and [[media:136.3.21 2015.pdf|Fig. 136.3.21, BR11, BEAP Hourly Rate Contract]].)<br /> <br /> 8/19/15: The final bullet (about listing the parcel numbers and names of owners of all parcels acquired) in [[136.8 Local Public Agency Land Acquisition#136.8.10.3.3 Required data to be submitted with clearance certification|EPG 136.8.10.3.3 Required data to be submitted with clearance certification]] was deleted to reflect the changes already done in Form 136.8.8, Clearance Certification Statement.<br /> <br /> 7/27/15: In [[136.9 Plans, Specs and Estimates (PSE)#136.9.4.1.1.5 Suspension and Debarment Certification (23 CFR 635.112)|EPG 136.9.4.1.1.5 Suspension and Debarment Certification]], the outdated ''A Listing of Parties Excluded from Federal Procurement and Non-procurement Programs'' link was replaced with a new, useful link to [https://www.sam.gov/portal/SAM/#1 System for Award Management].<br /> <br /> 7/24/15: In [https://epg.modot.org/index.php?title=136.11_Local_Public_Agency_Construction#136.11.9_Commercially_Useful_Function_.28CUF.29 EPG 136.11.9 Commercially Useful Function (CUF)], the latest version of the [[media:146 CUF July 27 2015.pdf|CUF Determination form]] has been provided.<br /> <br /> 7/16/15: In the big, gray &quot;Additional Information for MoDOT Employees&quot; box in [[136.3 Federal Aid Basics#136.3.13 Agreements|EPG 136.3.13 Agreements]], an old link to CCO's intranet was updated to their new SharePoint site. LPAs will not be able to access the SharePoint site (just like they were not able to access the intranet site). Two EPG article links were also added. [[media:136.9.3 2018.docx|Fig. 136.9.3, Federal Project Bid Proposal Boilerplate]] was updated with a new link to the Affidavit of Compliance in Section 10. <br /> <br /> 6/30/15: [[media:136.6.7 201.docx|Fig. 136.6.7, Memorandum of Agreement for Mitigation of Adverse Effects]], was updated to correct a technical issue and to reference recently developed bridge documentation standards.<br /> <br /> 6/22/15: [[media:110.2 checklist Jan 2015.pdf|Fig. 136.11.13, Job Bulletin Board Checklist]] was updated.<br /> <br /> 6/19/15: In [[136.3 Federal Aid Basics|EPG 136.3 Federal Aid Basics]], links to numerous contracts were updated. A new link to contract [[media:136.3.28 2015.docx|FS 13-SUP BRO Supplemental Agreement (Fig. 136.3.28) ]] was also made available.<br /> <br /> 6/16/15: To eliminate confusion, a reference in [https://epg.modot.mo.gov/index.php?title=136.11_Local_Public_Agency_Construction#136.11.17.1_Material_Acceptance EPG 136.11.17.1 Material Acceptance] to one of the types of sampling and testing (a combination of certification documentation, delivery tickets and visual inspection) was deleted. <br /> <br /> 6/12/15: In [[136.11 Local Public Agency Construction#136.11.17.1 Material Acceptance|EPG 136.11.17.1 Material Acceptance]], the Small Material Quantity Acceptance Table was removed. Current info is available at [[Off-Systems Guide Schedule for Federal-Aid Acceptance Sampling and Testing (FAST)|EPG Off-Systems Guide Schedule for Federal-Aid Acceptance Sampling and Testing (FAST)]].<br /> <br /> 6/12/15: Both guidance in [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.4.3.2 LPA Consideration of DBE for On-Call Contracts|EPG 136.4.2.4.3.2 LPA Consideration of DBE for On-Call Contracts]] and [[media:Fig. 136.4.1 June 2015.docx|Fig. 136.4.1, Engineering Services Contract ]] were updated to show that the engineer is required to submit Good Faith Efforts documentation for all agreements greater than $50,000. The engineer must also document Good Faith Efforts made to achieve that DBE goal if the agreed percentage specified is less than the percentage stated. <br /> <br /> 6/9/15: A very minor change (adding &quot;LPA&quot; to the title) was made to [[media:136.6.11 2015.doc|Fig. 136.6.11, LPA Floodplain Development Permit]] so that this form will not be confused with MoDOT's other Floodplain Development Permit/Application form.<br /> <br /> 6/8/15: In [[136.9 Plans, Specs and Estimates (PSE)#136.9.2.5 Bridge (Structure) Submittals|EPG 136.9.2.5 Bridge (Structure) Submittals]], a third paragraph was added (per Sec 202.40.1.1) to provide guidance that a notification of demolition 10 days prior to start is required; also renovation or demolition requires hazardous waste reports and must be in the bid proposal. [[media:136.9.1 2015.xlsx|Fig. 136.9.1, Final PS&amp;E Submittal Checklist]], was also updated to reflect these revisions.<br /> <br /> 5/29/15: A new file, [[media:Fig. 136.11.16.docx|Fig. 136.11.16, Approved Contract Administration Software]], is now available in the second paragraph of [https://epg.modot.org/index.php?title=136.11_Local_Public_Agency_Construction#136.11.13.1_Project_Diaries EPG 136.11.13.1 Project Diaries]. The file was introduced to identify systems that secure diaries.<br /> <br /> 5/22/15: [[media:136.3.1 2015.doc|Fig. 136.3.1, Programming Data Form]], was revised by adding questions about the need for right of way. Also, Fig. 136.3.3 Utilities Scoping Checklist was renumbered as [[media:136.7.8.doc|Fig. 136.7.8, Utilities Scoping Checklist]], and moved to [[136.7 Design#136.7.2.6.1 Utility Relocations|EPG 136.7.2.6.1 Utility Relocations]].<br /> <br /> 5/15/15: In [https://epg.modot.org/index.php?title=136.11_Local_Public_Agency_Construction#136.11.9_Commercially_Useful_Function_.28CUF.29 EPG 136.11.9 Commercially Useful Function (CUF)], the latest version of the [[media:146 CUF May 2015.pdf|CUF Determination form]] has been provided.<br /> <br /> 5/12/15: Several links in [[136.7 Design#136.7.3.1.2 Job Special Provisions|EPG 136.7.3.1.2 Job Special Provisions]] were updated to the [https://spexternal.modot.mo.gov/sites/de/JSP/Forms/Alt%20LPA.aspx new SharePoint link for JSPs]. Once you are in the new site, just scroll down a little and you will see all the LPA JSPs. <br /> <br /> 5/4/15: In [[media:Fig. 136.4.1 May 2015.docx|Fig 136.4.1, Engineering Services Contract]], the good faith effort requirements of #7 under Attachment E (on pg. 19) was modified. The Engineer is now required to submit the Good Faith Efforts documentation illustrating reasonable efforts to obtain DBE Participation.<br /> <br /> 4/23/15: [[136.3 Federal Aid Basics#136.3.7.4 Prompt Payment Policy|EPG 136.3.7.4 Prompt Payment Policy]] was added, in accordance with Missouri law. The existing EPG 136.3.7.4 Policy Enforcement was renumbered as EPG 136.3.7.5.<br /> <br /> 4/22/15: The [[media:136.9.4 2015.doc|ADA checklist]] was updated with relatively minor updates in [[136.9 Plans, Specs and Estimates (PSE)|EPG 136.9 Plans, Specs and Estimates (PSE)]].<br /> <br /> 4/22/15: In [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.3 Step 2 - Creating an RFQ Document|EPG 136.4.2.3 Step 2 - Creating an RFQ Document]], the reference to E-Verify was removed from the first bulleted item.<br /> <br /> 4/20/15: In [[136.11 Local Public Agency Construction#136.11.9 Commercially Useful Function (CUF)|EPG 136.11.9 Commercially Useful Function (CUF)]], the DBE Truckers Interview Form was removed from use in the CUF interview.<br /> <br /> 4/20/15: In the first paragraph of [[136.8 Local Public Agency Land Acquisition#136.8.2.2 Acquisition Authority|EPG 136.8.2.2 Acquisition Authority]], the guidance was clarified to state that the LPA may talk to the property owners about the project prior to the issuance of an A-Date. They can’t do appraisals, make offers, etc., until the A-Date is issued. Some LPAs were under the impression that they were not allowed to tell property owners anything about a project until they had an A-Date.<br /> <br /> 4/9/15: The [[media:136.12.3.3.1 Obligation Request Form Apr 2015.docx|Obligation Request Form]], which is available in [https://epg.modot.mo.gov/index.php?title=136.12_Figures%2C_Glossary_and_Other_Useful_Links#136.12.3.2.1_Commonly_Used_Forms EPG 136.12.3.2.1 Commonly Used Forms], was further updated.<br /> <br /> 4/2/15: The [[media:136.12.3.3.1 Obligation Request Form Apr 2015.docx|Obligation Request Form]], which is available in [https://epg.modot.mo.gov/index.php?title=136.12_Figures%2C_Glossary_and_Other_Useful_Links#136.12.3.2.1_Commonly_Used_Forms EPG 136.12.3.2.1 Commonly Used Forms], was updated to include some additional FHWA requirements. New items on the form:<br /> :* If the project has a State Number correlated with it, list it on the Obligation Form after the Federal Aid Number<br /> :* Estimated Award Date – Enter the date the Construction Contract Award Date is anticipated.<br /> :* Travel way ID: Route, Beginning Log Point &amp; Ending Log Point <br /> :* Railroad Impacts – Is the project going to have Railroad Impacts? (Drop Down) Yes or No<br /> :* Utility Clearance – Is the project going to have Utilities Impacts? (Drop Down) No Impacts, Conditional Clearance, or Entire Clearance<br /> :* Construction Completion Date - Enter the date the construction will be complete is anticipated. <br /> :* To Auto Calculate, highlight the $0.00 on Total Estimate or Bid Amount and Press F9. <br /> <br /> 3/25/15: [[media:136.4.11 2015.doc|Fig. 136.4.11, Consultant Selection &amp; ESC Submittal Checklist]], was udpated with the new link to MoDOT's Approved Consultant Prequalification List.<br /> <br /> 3/20/15: The new subarticle, [[136.7 Design#136.7.2.6.4 Buy America for Utilities|EPG 136.7.2.6.4 Buy America for Utilities]], provides clarification on Buy America requirements for utility relocation.<br /> <br /> 3/19/15: [[media:Fig. 136.4.1 2015.docx|Fig. 136.4.1 Engineering Services Contract]] was revised by removing the Attachment C-Overhead Rate Breakdown from the contract. <br /> <br /> 3/17/15: A new sentence was added to the first paragraph of [[136.8 Local Public Agency Land Acquisition#136.8.7.3 Dedications|EPG 136.8.7.3 Dedications]] to further clarify the documentation needed when property or property rights are dedicated to an LPA.  <br /> <br /> 3/6/15: [[media:136.11.5 2015.xls|Fig. 136.11.5, DBE Subcontract Worksheet]] and [[media:136.11.6 2015.doc|Fig. 136.11.6, Contractor’s Instructions for Filling out Request to Subcontract Work]] were updated to correct DBE allowance language.<br /> <br /> 2/26/15: In [[136.8 Local Public Agency Land Acquisition#136.8.2.2 Acquisition Authority|EPG 136.8.2.2 Acquisition Authority]] and the second paragraph of [[136.8 Local Public Agency Land Acquisition#136.8.8.1 General|EPG 136.8.8.1 General]], guidance has been expanded for the streamlined documentation process for the acquisitions of LPA projects. Two new forms, [[media:136.8.2.2.docx|Right of Way Acquisition Schedule (Form 136.8.2.2)]] and [[media:136.8.2.2.A.docx|Right of Way Acquisition Schedule Instructions (Form 136.8.2.2.A)]] were added and [[media:136.8.1 2015.doc|Acquisition Authority Request (Form 136.8.1)]] was updated.<br /> <br /> 2/23/15: A typo in [[media:136.8.20 2015.docx|Form 136.8.20 LPA Project Acquisition Monitoring Checklist]] was corrected.<br /> <br /> 2/20/15: In the first paragraph of [https://epg.modot.org/index.php?title=136.11_Local_Public_Agency_Construction#136.11.17.1_Material_Acceptance EPG 136.11.17.1's] item #1, MoDOT's QC/QA Off-Systems Guide Schedule for FAST table is now to be used as a minimum for material acceptance. In item #1's second paragraph, certification card must now be on hand during sampling and testing. In item #2, independent assurance samples and test will be required of the LPA or the LPA's consultant. Also, in [https://epg.modot.org/index.php?title=136.11_Local_Public_Agency_Construction#136.11.20_Project_Closeout_Certifications EPG 136.11.20's] item #3, a final list of acceptance testers used on the project must now be provided by the LPA.<br /> <br /> 2/6/15: In [https://epg.modot.org/index.php?title=136.11_Local_Public_Agency_Construction#136.11.9_Commercially_Useful_Function_.28CUF.29 EPG 136.11.9 Commercially Useful Function (CUF)], the latest version of the [[media:146 CUF Jan 2015.pdf|CUF Determination form]] has been provided.<br /> <br /> 1/28/15: A minor correction was made to the title of [https://epg.modot.org/index.php?title=136.8_Local_Public_Agency_Land_Acquisition#136.8.6.3.4_Uniform_Residential_Appraisal_Report_.28URAR.29_and_Addendum EPG 136.8.6.3.4 Uniform Residential Appraisal Report (URAR) and Addendum] by replacing &quot;Approval&quot; with &quot;Appraisal&quot;.<br /> <br /> 1/8/15: [[media:136.9.3 2018.docx|Fig. 136.9.3, Federal Project Bid Proposal Boilerplate]], was updated with the new link to the ADA checklist.<br /> <br /> 12/31/14: In [[136.9 Plans, Specs and Estimates (PSE)|EPG 136.9 Plans, Specs and Estimates (PSE)]], [[media:136.9.3 2018.docx|Fig. 136.9.3 Federal Project Bid Proposal Boilerplate]] was updated to add reference to two JSPs: LDs Specified for Winter Months and Safety Requirements. Further, [[136.7 Design#136.7.3.1.2.1.10 Safety Apparel Requirements|EPG 136.7.3.1.2.1.10 Safety Apparel Requirements]] was added because the new [[media:136.7.7.docx|Safety Requirements JSP]] is now required when a project is on MoDOT’s right of way.<br /> <br /> 11/26/14: In [[media:Fig. 136.4.1 2014.docx|Fig. 136.4.1 Engineering Services Contract]], the title of Attachment E was changed on pg.9 to reflect the actual title of the Attachment on pg. 17. [[media:136.9.1 2014.xlsx|Fig. 136.9.1 Final PS&amp;E Submittal Checklist]] was revised to reflect that all plan sheets are signed and sealed by the engineer of record.<br /> <br /> 11/20/14: In EPG 136.3.12 Federal-aid Participation for Local Work, more specifically in both the fourth paragraph of [[136.3 Federal Aid Basics#136.3.12.3.4 Procedures|EPG 136.3.12.3.4 Procedures]] and the fifth paragraph of [[136.3 Federal Aid Basics#136.3.12.4.5 Procedures|EPG 136.3.12.4.5 Procedures]], guidance was revised to clarify change orders and supplements. Guidance now emphasizes that scope and estimates are to be complete and accurate.<br /> <br /> 11/17/14: In [[136.8 Local Public Agency Land Acquisition|EPG 136.8 Local Public Agency Land Acquisition]], two forms were updated: [[media:136.8.8 Nov 2014.doc|Fig. 136.8.8 Clearance Certification Statement]] and [[media:136.8.20 2014.docx|Fig. 136.8.20 Project Acquisition Monitor Checklist]].<br /> <br /> 10/16/14: In the third paragraph of [[136.8 Local Public Agency Land Acquisition#136.8.11.5.2 Approval of Contract|EPG 136.8.11.5.2 Approval of Contract]], a sentence was removed that had stated that a current real estate agent is required in Missouri.<br /> <br /> 9/26/14: In the first paragraphs of [[:Category:136 Local Public Agency (LPA) Policy|EPG 136 Local Public Agency (LPA) Policy]], references to Safe Routes to School were removed and references to MAP-21 were added.<br /> <br /> 9/25/14: Three forms were updated in [[136.8 Local Public Agency Land Acquisition|EPG 136.8 Local Public Agency Land Acquisition]]: [[media:136.8.25 Sept 2014.doc|Form 136.8.25 Sample Donation Letter and Waiver of Appraisal]], [[media:136.8.26 2014.doc|Form 136.8.26 Sample Letter Offer (Payment Estimate)]] and [[media:136.8.27 2014.doc|Form 136.8.27 Sample Letter Offer (Value Finding or Standard Format Appraisal)]]. <br /> <br /> 9/23/14: The consultant contract limit of the $100,000 total for on-call contracts was clarified in a recent video conference. The second paragraph of [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.4.3 Using the LPA On-Call Consultant List|EPG 136.4.2.4.3 Using the LPA On-Call Consultant List]] was clarified to indicate the total on-call cannot exceed $100,000 for the project. <br /> <br /> 9/12/14: Guidance in the first paragraph of [[136.3 Federal Aid Basics#136.3.8.11.4 TEAP Process and Timeline|EPG 136.3.8.11.4 TEAP Process and Timeline]] and the second to the last paragraph in [[136.3 Federal Aid Basics#136.3.8.11.5 Funding|EPG 136.3.8.11.5 Funding]] was updated to reflect that Traffic Division is no longer involved in the TEAP process for LPA project solicitation<br /> <br /> 8/28/14: [[media:136.6.7 201.docx|Fig. 136.6.7 Memorandum of Agreement for Migration of Adverse Effects]] was further corrected as a reference to a previous law, STURAA, was replaced with the new law MAP-21.<br /> <br /> 8/27/14: The two State Wage Rates links from the MO Dept of Labor were updated in [[136.12 Figures, Glossary and Other Useful Links#136.12.3.3 Links to Other Resources|EPG 136.12.3.3 Links to Other Resources]]. Also, in [[136.6 Environmental and Cultural Requirements|EPG 136.6 Environmental and Cultural Requirements]], [[media:136.6.7.doc|Fig. 136.6.7, Memorandum of Agreement for Migration of Adverse Effects]] was corrected by moving the location of a statement about stipulations.<br /> <br /> 8/22/14: [[media:136.9.3 2018.docx|Fig. 136.9.3 Federal Project Bid Proposal Boilerplate]] was revised by adding a drafter's note to provide guidance for highlighted sections. Language to define the contracting authority was also added.<br /> <br /> 8/8/14: [[136.11 Local Public Agency Construction#136.11.20 Project Closeout Certifications|EPG 136.11.20 Project Closeout Certifications]] now reflects that project closeout certifications are to be electronically received 60 days of the Final Inspection date.<br /> <br /> 8/8/14: In [[136.9 Plans, Specs and Estimates (PSE)#136.9.4.1.1.3 Bid Guaranty (49 CFR 18.36)|EPG 136.9.4.1.1.3 Bid Guaranty]], the guidance about the bid guarantee amount was clarified so as to not burden the contractor with high bid bonds. Dollar amounts for bid bond requirements are not to be used.<br /> <br /> 8/7/14: Updated the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved Contract Negotiators].<br /> <br /> 8/6/14: A new version of the [[media:136.7.2.9 sample letter.docx|Request for a Finding in the Public’s Interest sample letter]] was provided in EPG 136.7.2.9.<br /> <br /> 7/29/14: [[media:Fig.136.3.19 2019.pdf|Fig. 136.3.19 Current BEAP Consultant List]] was updated again.<br /> <br /> 7/17/14: In Item #1 under the seventh parapraph of [[136.3 Federal Aid Basics#136.3.10.8 Use of Bridge Soft Match Credit|EPG 136.3.10.8 Use of Bridge Soft Match Credit]], the new [[media:Fig.136.3.27.xls|Fig. 136.3.27 Example of a Soft Match Credit Transfer Request]] has been referenced in a brief sentence. Also, in [[136.3 Federal Aid Basics#136.3.8.10 Bridge Engineering Assistance Program (BEAP)|EPG 136.3.8.10 Bridge Engineering Assistance Program (BEAP)]], both [[media:Fig.136.3.19 2019.pdf|Fig. 136.3.19 Current BEAP Consultant List]] and Fig. 136.3.20 BEAP Project Tracking Form were updated.<br /> <br /> 6/23/14: Updated [[media:136.8.8 2014.doc|Clearance Certification Statement (Form 136.8.8)]].<br /> <br /> 6/13/14: Updated the [[media:236.7 Roster of Approved Contract Negotiators June 2014.pdf|Roster of Approved Contract Negotiators]].<br /> <br /> 6/11/14: In [[136.6 Environmental and Cultural Requirements#4. Check to see whether the bridge has been excluded|EPG 136.6.4.1.1 Step 1, Determine Need for Cultural Resource Investigations]], the promised FHWA &quot;Bridge Program Comment Excepted Bridges List&quot;<br /> website is now available.<br /> <br /> 5/29/14: Updated the [[media:136.8.25 2014.doc|Sample Donation Letter and Waiver of Appraisal, Form 136.8.25]].<br /> <br /> 5/22/14: Updated the [[media:236.7 Roster of Approved Contract Negotiators May 2014.pdf|Roster of Approved Contract Negotiators]].<br /> <br /> 5/14/14: The first two paragraphs of [[136.8 Local Public Agency Land Acquisition#136.8.4 Retention and Access to Records|EPG 136.8.4 Retention and Access to Records]] were revised to show that the [[media:136.8.17 2014.doc|Parcel File Checklist (Form 136.8.17)]] is now optional.<br /> <br /> 5/13/14: [[media:136.3.18 2014.xls|Fig. 136.3.18 Construction Reimbursement Form]] was updated. Also, [[media:136.8.20.docx|Fig. 136.8.20 Project Acquisition Monitor Checklist]] verbiage was tweaked to include more uniform act check items.<br /> <br /> 5/12/14: A very minor correction in EPG 136.11 Local Public Agency Construction's [[136.11 Local Public Agency Construction#Small Material Quantity Acceptance Table|Small Material Quantity Acceptance Table]]. Now, the AC is shown to be measured in tons and PCC measured in cubic yards.<br /> <br /> 5/7/14: In [[136.8 Local Public Agency Land Acquisition|EPG 136.8 Local Public Agency Land Acquisition]], [[media:136.8.18.docx|Form 136.8.18, RW Plan Review Checklist]] was updated.<br /> <br /> 4/30/14: [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.4.3.3 Consultant Evaluations for On-Call Services|EPG 136.4.2.4.3.3 Consultant Evaluations for On-Call Services]] was clarified to show who signs the LPA On-Call Consultant Evaluation and what happens to this document afterwards. <br /> <br /> 4/28/14: [[media:136.4.6.docx|Fig. 136.4.6 List of Unallowable Costs]] was updated in EPG 136.4 Consultant Selection and Consultant Contract Management.<br /> <br /> 4/21/14: In [[136.11 Local Public Agency Construction#136.11.13.3 Invoices|EPG 136.11.13.3 Invoices]], and the first paragraphs of both [[136.3 Federal Aid Basics#136.3.7.3 Progress Invoices|EPG 136.3.7.3 Progress Invoices]] and [[136.4 Consultant Selection and Consultant Contract Management#136.4.3.1 Payments/Invoicing|EPG 136.4.3.1 Payments/Invoicing]], the $10,000 requirement for invoicing was removed. It had been replaced with the requirement to invoice at least one time per month but not more often than every 2 weeks. Also, in [[136.4 Consultant Selection and Consultant Contract Management#136.4.3.3 Consultant Performance Appraisals|EPG 136.4.3.3 Consultant Performance Appraisals]], a requirement was implemented for the LPA to evaluate the consultant upon completion of work if they were hired by a standard solicitation. Thus, a &quot;should&quot; was replaced with a &quot;must&quot; in the first sentence.<br /> <br /> 4/15/14: At the bottom of [[136.11 Local Public Agency Construction#136.11.20 Project Closeout Certifications|EPG 136.11.20 Project Closeout Certifications]],&quot;MoDOT will certify the dates on which any on-site inspections were made&quot; was deleted.<br /> <br /> 4/1/14: In the second paragraph of [https://epg.modot.org/index.php?title=136.9_Plans%2C_Specs_and_Estimates_%28PSE%29#136.9.4.1.1.10.1_Federal_Wage_Rates_.2823_USC_113_and_29_CFR_5.29 EPG 136.9.4.1.1.10.1 Federal Wage Rates], the Dept. of Labor's link and associated information was updated.<br /> <br /> 3/31/14: In [[media:136.9.4 Apr 2014.doc|Fig. 136.9.4 ADA Checklist]], two items were clarified, two more items were removed to better align with Access Board’s PROWAG info. PROWAG references were also added to assist users in finding further information on the US Access Bd. website.<br /> <br /> 3/19/14: Near the top of [[136.6 Environmental and Cultural Requirements#136.6.4.1.1 Step 1, Determine Need for Cultural Resource Investigations|EPG 136.6.4.1.1 Step 1, Determine Need for Cultural Resource Investigations]], guidance was added that defined LPA jobs with &quot;No Potential to Cause Adverse Effects&quot; and that do not need a Sec 106 submittal to the SHPO.<br /> <br /> 3/18/14: In the second paragraph of [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.4.3 Using the LPA On-Call Consultant List|EPG 136.4.2.4.3 Using the LPA On-Call Consultant List]], a sentence was added to tell the LPA to write a scope for the consultant and produce an estimate to determine whether the project is eligible for the on-call list.<br /> <br /> 3/11/14: A minor clarification of titles was made at the bottom of Fig. 136.9.4 ADA Checklist. &quot;Resident Engineer&quot; and &quot;Area Engineer&quot; were replaced with &quot;Engineer of Record&quot;.<br /> <br /> 3/10/14: In [[136.10 Advertisement for Bid and Project Award#136.10.8 Award|EPG 136.10.8 Award]], it was clarified that the copies of the contact and associated files to be submitted to the District Contact must be electronic copies.<br /> <br /> 3/7/14: In [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.4.3.1 Selecting a Consultant from the LPA On-Call Consultant List|EPG 136.4.2.4.3.1 Selecting a Consultant from the LPA On-Call Consultant List]], it was clarified that it is not mandatory for LPAs to consider at least 3 firms for each project when reviewing the LPA On-Call Consultant List.<br /> <br /> 3/6/14: A link was inserted for the [http://www.modot.org/business/lpa/OnCallListing.htm LPA On-Call Consultant List] in three locations in [https://epg.modot.org/index.php?title=136.3_Federal_Aid_Basics#136.3.8.11_Traffic_Engineering_Assistance_Program_.28TEAP.29 EPG 136.3.8.11 Traffic Engineering Assistance Program (TEAP)].<br /> <br /> 3/5/14: EPG 136.3.18 TAP was moved to [[136.3 Federal Aid Basics#136.3.8.7 Transportation Alternatives Program (TAP)|EPG 136.3.8.7 TAP]] and the subsequent EPG 136.3.8 subarticles were renumbered accordingly. The eligible project sponsor information at the bottom of the newly renumbered [[136.3 Federal Aid Basics#136.3.8.7.2 Project Eligibility and Selection|EPG 136.3.8.7.2 Project Eligibility and Selection]] was deleted and replaced with a link to [[136.1 Introduction#136.1.2.2 Project Sponsor Eligibility|EPG 136.1.2.2 Project Sponsor Eligibility]] to ensure consistency in the definition of eligible sponsors. <br /> <br /> 2/24/14: New guidance is now available for the LPA On-Call Consultant List at [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.4.3 Using the LPA On-Call Consultant List|EPG 136.4.2.4.3 Using the LPA On-Call Consultant List]]. Additional revisions were made in [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.2 Step 1 – Scope of Services|EPG 136.4.2.2 Step 1 – Scope of Services]], [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.3 Step 2 - Creating an RFQ Document|EPG 136.4.2.3 Step 2 - Creating an RFQ Document]] and [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.4 Step 3 - Advertising the RFQ Solicitation|EPG 136.4.2.4 Step 3 - Advertising the RFQ Solicitation]] for this new list. A new form, [[media:136.4.19.docx|Fig. 136.4.19 LPA On-Call Consultant Evaluation]], has also been introduced.<br /> <br /> 2/18/14: [[media:136.8.1 2014.doc|Fig. 136.8.1, Acquisition Authority Request]] was updated.<br /> <br /> 2/5/14: The contacts were updated in the [[media:136.12.3.3.1 Obligation Request Form 2014.docx|Obligation Request Form]], which is available in [https://epg.modot.org/index.php?title=136.12_Figures%2C_Glossary_and_Other_Useful_Links#136.12.3.2.1_Commonly_Used_Forms EPG 136.12.3.2.1 Commonly Used Forms].<br /> <br /> 2/4/14: [[media:136.9.3 2018.docx|Fig. 136.9.3 Federal Project Bid Proposal Boilerplate]] was updated by removing the requirement for using our template bid bond. Also, &quot;lien waver&quot; was added to the list of documentation examples in #4b of [[136.11 Local Public Agency Construction#136.11.20 Project Closeout Certifications|EPG 136.11.20 Project Closeout Certifications]].<br /> <br /> 1/31/14: In [[media:136.4.15 2014.doc|Fig. 136.4.15]], a misspelled word was corrected.<br /> <br /> 1/30/14: The definition of County Aid Road Trust (CART) Funding was added to [https://epg.modot.org/index.php?title=136.12_Figures%2C_Glossary_and_Other_Useful_Links#136.12.2_Glossary EPG 136.12.2 Glassary].<br /> <br /> 1/29/14: In [https://epg.modot.org/index.php?title=136.12_Figures%2C_Glossary_and_Other_Useful_Links#136.12.3.3_Links_to_Other_Resources EPG 136.12.3.3 Links to Other Resources], the ADAAG links were updated.<br /> <br /> 1/28/14: In [[136.7 Design#Deviations from MoDOT and Federal Requirements|EPG 136.7.2.7 Design Exceptions]], a minor clarification was made to the guidance for the engineer of record submitting the approved design exception to the MoDOT District Contact. It was made clear that the approved design is to be submitted only for projects on MoDOT's system.<br /> <br /> 1/10/14: [[media:Fig.136.3.19 2019.pdf|Fig. 136.3.19, Current BEAP Consultant List]] was updated.<br /> <br /> 1/9/14: New guidance, [[136.3 Federal Aid Basics#136.3.8.7 Transportation Alternatives Program (TAP)|EPG 136.3.8.7 Transportation Alternatives Program (TAP)]] is now available. TAP includes the pre-MAP-21 programs of Transportation Enhancements, Recreational Trails, Safe Routes to School and Scenic Byways. A brief listing of links, [[136.3 Federal Aid Basics#136.3.17 Emergency Relief|EPG 136.3.17 Emergency Relief]] is also new. Other minor revisions (such as the definitions of MAP-21 and TAP) arising from MAP-21 were made in [[136.1 Introduction#136.1.1 Background and Purpose|EPG 136.1.1 Background and Purpose]] and [[136.12 Figures, Glossary and Other Useful Links#136.12.2 Glossary|EPG 136.12.2 Glossary]].<br /> <br /> 12/18/13: Additional environmental documentation of FHWA approval is now required under Section One of the [[media:136.8.1 2013.doc|Acquisition Authority Request (Form 136.8.1)]].<br /> <br /> 11/4/13: [[media:136.11.1 Nov 2013.doc|Fig. 136.11.1, General Guidelines for LPA Preconstruction Conference]], was updated to include &quot;land disturbance permit&quot; as part of the pre-construction conference topics.<br /> <br /> 10/18/13: Guidance in [https://epg.modot.org/index.php?title=136.7_Design#136.7.2.10_Value_Engineering EPG 136.7.2.10 Value Engineering] was updated to comply with MAP-21, the federal surface transportation law. Now, National Highway System (NHS) projects costing at least $50,000,000 and NHS bridge projects costing at least $40,000,000 require a Value Engineering (VE) study. (Previously, VE studies were required for NHS projects costing $25M and NHS bridge projects costing $20M.) Design/Build projects are exempt from this VE study requirement.<br /> <br /> 10/11/13: EPG 136.3.15.1 Progress Invoice was moved to [https://epg.modot.org/index.php?title=136.3_Federal_Aid_Basics#136.3.7.3_Progress_Invoices EPG 136.3.7.3] to reflect the federal definition of Reasonable Progress. There was no change in policy.<br /> <br /> 10/1/13: EPG 906 TEAP has been moved to [[136.3 Federal Aid Basics#136.3.8.11 Traffic Engineering Assistance Program (TEAP)|EPG 136.3.8.11 Traffic Engineering Assistance Program (TEAP)]]. The modified EPG language reflects Design Division timelines and processes. One of the main process changes is that the TEAP studies will be provided through on-call consultants. (Local agencies will select a consultant from an approved list of on-call consultants to complete a TEAP study for them.) The TEAP application has also been completely revised to resemble other DE or LPA standard applications. In FY 2014, the Traffic &amp; Highway Safety Division and the Local Programs group will partner to administer TEAP. The TEAP processes and timelines will remain the same. In FY 2015, the administration of TEAP will be through the Local Programs group.<br /> <br /> 9/27/13: In [[136.7 Design#136.7.2.6.1 Utility Relocations|EPG 136.7.2.6.1 Utility Relocations]], new guidance has been provided for the Utility Status Letter to be prepared by the LPA. <br /> <br /> 9/24/13: The format, not the content, of [[media:136.4.7 Sept 2013.doc|Fig. 136.4.7, Sample Solicitation &amp; Sample Scope of Services]] was updated.<br /> <br /> 9/23/13: In [[136.10 Advertisement for Bid and Project Award#136.10.8 Award|EPG 136.10.8 Award]], guidance including three new files was added to provide sufficient documentation so LPA can produce an actual contract. Also, [[media:136.9.3 2018.docx|Fig. 136.9.3, Federal Project Bid Proposal Boilerplate ]] was updated to include sample contract forms.<br /> <br /> 9/20/13: In the EPG 136.6 sidebar, at the top of the article, a link to the Advisory Council on Historic Preservation's [http://www.achp.gov/apptoolkit.html Section 106 Applicant Toolkit] was added under &quot;Other Figures and Information for EPG 136.6&quot;. It applies to all federally funded or permitted projects, and gives a good background on the Section 106 process.<br /> <br /> 9/18/13: A typo was corrected in [[media:136.9.5 2013.doc|Fig. 136.9.5, LPA Certification of PS&amp;E]].<br /> <br /> 9/12/13: In [[136.4 Consultant Selection and Consultant Contract Management#136.4.1.5 Consultant Qualification|EPG 136.4.1.5 Consultant Qualification]], the link to the ''Uniform Audit &amp; Accounting Guide'' was updated to the 2012 edition of this publication. <br /> <br /> 9/11/13: Very minor editorial revisions were made to Figs. [[media:136.4.9 Sept 2013.doc|136.4.9 (Local Sponsor ESC Sample Cover Letter)]], [[media:136.8.25 Sept 2013.doc|136.8.25 (Sample Donation Letter &amp; Waiver of Appraisal)]], [[media:136.8.26 Sept 2013.doc|136.8.26 (Sample Letter Offer – Pay Estimate)]] and [[media:136.8.27 Sept 2013.doc|136.8.27 (Sample Letter Offer – Value Finding)]].<br /> <br /> 9/9/13: In [[136.4 Consultant Selection and Consultant Contract Management#136.4.1.5 Consultant Qualification|EPG 136.4.1.5 Consultant Qualification]], a note was added to Point #2 to clarify whether the Certificate of Authority is required.<br /> <br /> 9/6/13: In [[136.8 Local Public Agency Land Acquisition|EPG 136.8 Local Public Agency Land Acquisition]], several forms ([[media:136.8.25 2013.doc|Form 136.8.25 Sample Donation Letter &amp; Waiver of Appraisal]], [[media:136.8.26 2013.doc|Form 136.8.26 Sample Letter Offer – Pay Estimate]] and [[media:136.8.27 2013.doc|Form 136.8.27 Sample Letter Offer – Value Finding]]) were updated due to a request from FHWA.<br /> <br /> 9/5/13: A minor clarification was made in [https://epg.modot.org/index.php?title=136.4_Consultant_Selection_and_Consultant_Contract_Management#136.4.1.5_Consultant_Qualification EPG 136.4.1.5 Consultant Qualification]. Point #2 was expanded to show that the consultant will be required to have a Certificate of Good Standing and hold a certification of authority from the MO Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects.<br /> <br /> 8/21/13: At the bottom of [[136.6 Environmental and Cultural Requirements#136.6.4.8 Stormwater and Erosion Control|EPG 136.6.4.8 Stormwater and Erosion Control]], a minor reference to EPG 806.8 SWPPP was added for greater convenience.<br /> <br /> 8/20/13: The [http://moltap.org/ Missouri Local Technical Assistance Program] link was updated in EPG 136.12.3.3.<br /> <br /> 8/19/13: The link to newest 7/2012 [http://www.modot.org/business/contractor_resources/documents/RequesttoSubcontract_C-220.pdf Request to Subcontract Work Form] was updated in EPG 136.11.8.<br /> <br /> 8/12/13: For greater convenience, links to [http://www.modot.org/newsandinfo/functionalclassificationmaps/index.htm &quot;functional classification&quot;] have been added to [[136.3 Federal Aid Basics|EPG 136.3 Federal Aid Basics]]. <br /> <br /> 8/6/13: Subconsultant requirements were updated in [[media:Fig. 136.4.14 Aug 2013.doc|Fig. 136.4.14, Checklist for reviewing Consultant Contracts]]. <br /> <br /> 7/12/13: The [[media:Fig.136.3.19 2019.pdf|BEAP Consultant List]] was updated.<br /> <br /> 7/11/13: Revisions made to [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.7.3.1 Subconsultant cost exceeding $25,000|EPG 136.4.2.7.3.1 Subconsultant cost exceeding $25,000]] and [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.9 MoDOT Review of Consultant Contract|EPG 136.4.2.9 MoDOT Review of Consultant Contract]] result from MoDOT's Audits and Investigation Division ceasing the pre-negotiations reviews and shifting the reviews to project managers and/or contract administrators. Also updated the checklist in [[media:Fig. 136.4.14 July 2013.doc|Fig. 136.4.14, Checklist for reviewing Consultant Contracts]] to be more helpful.<br /> <br /> 7/8/13: In [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.7.3 Subconsultants|EPG 136.4.2.7.3 Subconsultants]], the MRC form was replaced with the new Consultant Certification of Indirect Cost form.<br /> <br /> 7/5/13: Fig. 136.3.20, BEAP Project Tracking Form, was updated.<br /> <br /> 6/26/13: Some minor formatting issues were addressed in [[media:Fig. 136.4.1 June 26, 2013.docx|Fig. 136.4.1, Engineering Services Contract ]].<br /> <br /> 6/25/13: EPG 754 BEAP info was slightly modified and moved to [[136.3 Federal Aid Basics#136.3.8.10 Bridge Engineering Assistance Program (BEAP)|EPG 136.3.8.10 Bridge Engineering Assistance Program (BEAP)]].<br /> <br /> 6/25/13: In [[136.4 Consultant Selection and Consultant Contract Management#136.4.1.1 Federal Law|EPG 136.4.1.1 Federal Law]], a minor clarification of the italicized text from &quot;federally funded projects&quot; to &quot;projects that utilize Federal Aid Highway Program funds for engineering&quot;. Also, in [[media:136.4.10 2013.xlsx|Fig. 136.4.10, LPA Consultant Services Invoice]], more spaces were added for direct salaries in the invoice.<br /> <br /> 6/18/13: Three links (to BRO and Soft Match Balances, DBE Submittal Forms and Disadvantaged Business Enterprises) were removed from EPG 136.12.3.2. Also, EPG 136.12 Figures and Glossary was retitled to [[136.12 Figures, Glossary and Other Useful Links|EPG 136.12 Figures, Glossary and Other Useful Links]].<br /> <br /> 6/17/3: In [[media:136.9.3 2018.docx|Fig. 136.9.3, Federal Project Bid Proposal Boilerplate]], the acceptance for provision for asphalt cement price index, seal coat price index, underseal price index and UBAWS membrane price index was updated.<br /> <br /> 6/13/13: In [[136.6 Environmental and Cultural Requirements#Program Comment for Post-1945 Common Bridge Types.|EPG 136.6.4.1.1 Step 1, Determine Need for Cultural Resource Investigations]], Post-1945 Bridge information was added to allow the exemption of some bridges from the Sec 106 review. <br /> <br /> 6/11/13: Incorrect references to &quot;consultant&quot; were replaced with &quot;engineer&quot; in [[media:Fig. 136.4.1 June 2013.docx|Fig. 136.4.1, Engineering Services Contract]].<br /> <br /> 6/10/13: An updated table of approved Missouri Scenic Byways was added to [[136.3 Federal Aid Basics#136.3.8.8.2 Project Eligibility and Selection|EPG 136.3.8.8.2 Project Eligibility and Selection]]. Also, in both [[136.10 Advertisement for Bid and Project Award#136.10.7.1.1 Responsive Bid|EPG 136.10.7.1.1 Responsive Bid]] and [[136.10 Advertisement for Bid and Project Award#136.10.7.3.3 DBE Submittal Form Review|EPG 136.10.7.3.3 DBE Submittal Form Review]], the DBE requirements at bid opening were clarified.<br /> <br /> 6/6/13: In [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.5 Step 4 - Response to the RFQ|EPG 136.4.2.5 Step 4 - Response to the RFQ]], the requirement to send the e-verify with each letter of interest was removed. MoDOT now requires firms to be prequalified and part of prequalification is the e-verification of documents. Also, a minor correction was made to the revision date of [[media:136.9.3 2018.docx|Fig. 136.9.3, Federal Project Bid Proposal Boilerplate]].<br /> <br /> 6/5/13: The [http://www.modot.org/business/consultant_resources/documents/StandardConsultantPrequalificationProcess.pdf How-To Tutorial for MoDOT's Consultant Standard Prequalification Process] is now available. Also now available are links to the [http://www.modot.org/business/consultant_resources/standard_prequalification_process.htm Standard Prequalification Process] and [http://www.modot.org/business/consultant_resources/documents/SAFEHARBORELIGIBILITYREQUIREMENTS_004.pdf Safe Harbor Indirect Cost Rate (SHR) Prequalification Process].<br /> <br /> 6/4/13: A minor correction was made to [[media:136.6.8 2013.doc|Fig. 136.6.8, LPA Section 4(f) Compliance Worksheet for Public Lands]]. (In the figure, Item 13 was changed to Item 15 under Question 5.) Also, the link to the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Roster of Approved Contract Appraisers] was updated in [[136.8 Local Public Agency Land Acquisition|EPG 136.8 Local Public Agency Land Acquisition]].<br /> <br /> 5/31/13: In [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.7.3.2 Subconsultant cost NOT exceeding $25,000|EPG 136.4.2.7.3.2 Subconsultant cost NOT exceeding $25,000]], new guidance clarified that a subconsultant charging less than $25K must also submit the Management Representation and Certification Form.<br /> <br /> 5/30/13: Information was added to [[media:136.4.7 May 2013.doc|Fig. 136.4.7, Sample Solicitation &amp; Sample Scope of Services]] and [[media:Fig. 136.4.14 May 2013.doc|Fig. 136.4.14, Checklist for reviewing Consultant Contracts]] ensuring hazardous waste inspections and reports were being done. Also, [[136.4 Consultant Selection and Consultant Contract Management#136.4.4 Construction Engineering (CE) and Construction Administration|EPG 136.4.4 Construction Engineering (CE) and Construction Administration]] having links to EPG 136.11 was added. The former EPG 136.4.4 was renumbered as EPG 136.4.5 Key Submittals/Requirements. Finally, a minor revision was made to [[media:136.9.3 2018.docx|Fig. 136.9.3, Federal Project Bid Proposal Boilerplate]].<br /> <br /> 5/21/13: In [[136.7 Design#136.7.6 Public Hearings|EPG 136.7.6 Public Hearings]], it was clarified that the approved preliminary plan is to be available for public viewing/display during the 21-day advertisement period.<br /> <br /> 5/17/13: Minor clarification was added to [[media:136.9.1 May 17, 2013.xlsx|Fig. 136.9.1, Final PS&amp;E Submittal Checklist]], and [[media:136.9.3 2018.docx|Fig. 136.9.3, Federal Project Bid Proposal Boilerplate]].<br /> <br /> 5/16/13: New guidance about contract execution timeframe has been provided in [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.7.5 Contract Execution|EPG 136.4.2.7.5 Contract Execution]].<br /> <br /> 5/16/13: [[media:110.2 checklist 2013.pdf|Fig. 136.11.13, Job Bulletin Board Checklist]], was updated. Also, guidance for selecting and scoring consultants was added to the bottom of [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.6 Step 5 - Selection of Consultant|EPG 136.4.2.6 Step 5 - Selection of Consultant]].<br /> <br /> 5/15/13: Fig 136.4.8, District Representative ESC Cover Letter, was removed since this form is no longer required.<br /> <br /> 5/14/13: The name of a figure was updated in [[media:136.9.1 May 2013.xlsx|Fig. 136.9.1, Final PS&amp;E Submittal Checklist]].<br /> <br /> 5/10/13: At the bottom of [https://epg.modot.org/index.php?title=136.3_Federal_Aid_Basics#136.3.8.2.2_Project_Eligibility_and_Selection EPG 136.3.8.2.2], [https://epg.modot.org/index.php?title=136.3_Federal_Aid_Basics#136.3.8.3.2_Project_Eligibility_and_Selection EPG 136.3.8.3.2] and [https://epg.modot.org/index.php?title=136.3_Federal_Aid_Basics#136.3.8.5.2_Project_Eligibility_and_Selection EPG 136.3.8.5.2], convenient links for additional guidance for STP and CMAQ funds were added to guidance having to do with project eligibility and selection.<br /> <br /> 5/9/13: In [[media:136.9.3 2018.docx|Fig. 136.9.3, Federal Project Bid Proposal Boilerplate]], the checkbox for &quot;all e-verify information&quot; on the bidders checklist was removed since the e-verify information is only a requirement prior to award and is not required to be submitted with the bids.<br /> <br /> 5/3/13: In [[136.10 Advertisement for Bid and Project Award#136.10.8 Award|EPG 136.10.8 Award]], expanded and clarified guidance for what the LPA should submit to the district after the LPA executes the contract. Also, a minor clarification was made to the title of [[media:136.11.1 2013.doc|Fig. 136.11.1]], General Guideline for LPA Preconstruction Conference.<br /> <br /> 5/2/13: A very minor update was made to [[media:Fig. 136.4.1 May 2013.docx|Fig. 136.4.1 ESC]]. Also, in [[136.8 Local Public Agency Land Acquisition|EPG 136.8 Local Public Agency Land Acquisition]], updated the links to both the Roster of Approved Contract Appraisers and Roster of Approved Contract Negotiators.<br /> <br /> 4/30/13: [[media:136.4.7 Apr 2013.doc|Fig. 136.4.7, Sample Solicitation &amp; Sample Scope of Services]], was updated with a minor revision.<br /> <br /> 4/22/13: In [https://epg.modot.org/index.php?title=136.11_Local_Public_Agency_Construction#136.11.9_Commercially_Useful_Function_.28CUF.29 EPG 136.11.9 Commercially Useful Function (CUF)], the latest version of the [[media:146 CUF 2015.pdf|CUF Determination form]] has been provided by MoDOT's External Civil Rights Division.<br /> <br /> 4/15/13: A convenient link to CUF red flags was added in [https://epg.modot.org/index.php?title=136.11_Local_Public_Agency_Construction#136.11.9_Commercially_Useful_Function_.28CUF.29 EPG 136.11.9 CUF]. Also, guidance was added in [https://epg.modot.org/index.php?title=136.11_Local_Public_Agency_Construction#136.11.20_Project_Closeout_Certifications EPG 136.11.20 Project Closeout Certifications, 4b] for the LPA to provide documentation that each DBA was paid in full. This type of DBE documentation may include a letter, e-mail or copies of reimbursement checks.<br /> <br /> 4/15/13: In [https://epg.modot.org/index.php?title=136.12_Figures_and_Glossary#136.12.3.2.1_Commonly_Used_Forms EPG 136.12.3.2.1 Commonly Used Forms], the [[media:136.12.3.3.1 Obligation Request Form 2013.docx|Obligation Request Form]] was updated with a very minor revision.<br /> <br /> 4/4/13: Some references within the checklist of [[media:Fig. 136.4.14 Apr 2013.doc|Fig. 136.4.14, Checklist for reviewing Consultant Contracts]], were updated.<br /> <br /> 4/2/13: A very minor update (a new logo) was made to [[media:Fig. 136.4.8 Apr 2013.doc|Fig. 136.4.8, District Representative ESC Cover Letter]].<br /> <br /> 3/27/13: A very minor update was made to [[media:Fig. 136.4.1 Mar 2013.docx|Fig. 136.4.1 ESC]].<br /> <br /> 3/20/13: [[media:Fig. 136.4.14 Mar 2013.doc|Fig. 136.4.14, Checklist for Reviewing Consultant Contracts]], was revised with updated document references.<br /> <br /> 3/12/13: Information regarding the page limits for the letter of interest was updated in [[media:136.4.7 Mar 2013.doc|Fig. 136.4.7]].<br /> <br /> 2/28/13: In [[media:136.4.9 Feb 2013.doc|Fig. 136.4.9]], a sentence was added regarding a city not being staffed to do engineering work and the need to hire a consultant.<br /> <br /> 2/26/13: [[media:136.4.7 Feb 2013.doc|Fig. 136.4.7, Sample Solicitation &amp; Sample Scope of Services]] was updated to include &quot;right of way plans&quot; in the sample scope of services.<br /> <br /> 2/25/13: [[136.11 Local Public Agency Construction#136.11.12 Construction Administration|EPG 136.11.12 Construction Administration]] was re-titled (from &quot;EPG 136.11.12 Consultant Construction Engineering Services&quot;) and expanded to give more guidance on construction administration expectations. <br /> <br /> 2/21/13: [[136.9 Plans, Specs and Estimates (PSE)#136.9.2.10 ADA Checklist|EPG 136.9.2.10]] was retitled &quot;ADA Checklist&quot; (from &quot;ADA Certification and Checklist&quot;), a minor change.<br /> <br /> 2/8/13: [[media:136.9.3 2018.docx|Fig. 136.9.3]] was updated with minor corrections.<br /> <br /> 2/4/13: In [[media:136.4.11 Feb 2013.doc|Fig. 136.4.11]], the conflict of interest line item was added.<br /> <br /> 2/4/13: In [[136.1 Introduction#136.1.2.2 Project Sponsor Eligibility|EPG 136.1.2.2 Project Sponsor Eligibility]], the definition of an eligible sponsor for federal aid transportation projects was clarified. This change allows MoDOT to focus our limited resources on public agencies that have public accountability and typically have the internal structure and knowledge to deliver a federal aid project. Project sponsors must be a city, county or transportation related government agency to be eligible to administer a federal aid transportation project. All other entities including, but not limited to, school districts and not-for-profit agencies must partner with a city or county to apply for and/or administer a federal aid transportation project.<br /> <br /> 2/1/13: [[media:136.9.1 2013.xlsx|Fig. 136.9.1]] updated to remove the requirement for ADA certification. Also, Fig. 136.9.12 (ADA Certification) deleted and incorporated into [[media:Fig. 136.4.1 2013.docx|Fig. 136.4.1 Engineering Services Contract]].<br /> <br /> 2/1/13: In several locations in EPG 136.4 Consultant Selection and Consultant Contract Management, clarification of the criteria for prequalifying a consultant for MoDOT and LPA work. Info that was added back on 11/1/12 was removed, among other updates to [[136.4 Consultant Selection and Consultant Contract Management#136.4.1.5 Consultant Qualification|EPG 136.4.1.5 Consultant Qualification]], [[136.4 Consultant Selection and Consultant Contract Management#136.4.1.6 Conflict of Interest|EPG 136.4.1.6 Conflict of Interest]], [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.5 Step 4 - Response to the RFQ|EPG 136.4.2.5 Step 4 - Response to the RFQ]] and [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.6 Step 5 - Selection of Consultant|EPG 136.4.2.6 Step 5 - Selection of Consultant]]. Also, Figs. [[media:136.4.7 2013.doc|136.4.7]], [[media:Fig. 136.4.8 2013.doc|136.4.8]], [[media:136.4.9 2013.doc|136.4.9]], [[media:136.4.11 2013.doc|136.4.11]] and [[media:Fig. 136.4.14 2013.doc|136.4.14]] were updated to reflect the new consultant prequalification requirements. The ''How to Evaluate'' PowerPoint tutorial was updated. Finally, [[media:Fig. 136.4.1 2013.docx|Fig. 136.4.1 Engineering Services Contract]] was updated to include the following sections:<br /> :* Added prompt payment language<br /> :* Added suspension and termination language<br /> :* Added lobbying certification language<br /> :* Added OPTIONAL insurance language<br /> :* Added the Conflict of Interest Form as Attachment G<br /> :* Added ADA certification language (no longer have to use a separate ADA certification form, which was Fig. 136.9.12).<br /> <br /> 1/29/13: In EPG 136.7.2.4.2, the old Fig. 136.9.4 was updated to the correct, current figure.<br /> <br /> 1/28/13: In Item &quot;b&quot; of [https://epg.modot.org/index.php?title=136.6_Environmental_and_Cultural_Requirements#136.6.4.1.2_Step_2.2C_Cultural_Resource_Investigations Step 2a. The Cultural Resource Survey] in 136.6 Environmental and Cultural Requirements, guidance has been added to conveniently provide SHPO architectural survey info.<br /> <br /> 1/22/13: A very minor clarification to [https://epg.modot.org/index.php?title=136.3_Federal_Aid_Basics#136.3.12.4.4_Submittal_Requirements EPG 136.3.12.4.4] (a reference to Fig. 136.3.17 was added).<br /> <br /> 1/17/13: [[media:136.9.11.pdf|Fig. 136.9.11, Example Estimate]], has been added. This estimate is broken down into the required categories for payment.<br /> <br /> 1/16/13: Some of the verbiage in the second paragraph of [https://epg.modot.org/index.php?title=136.4_Consultant_Selection_and_Consultant_Contract_Management#136.4.2.11_CE_Funding_Obligation EPG 136.4.2.11 CE Funding Obligation] was clarified.<br /> <br /> 1/15/13: In [[136.11 Local Public Agency Construction#136.11.15.1 Change Order Documentation|EPG 136.11.15.1 Change Order Documentation]], guidance about whether re-designs are eligible for federal participation was clarified. A similar, smaller clarification was also made in #7 of [[136.3 Federal Aid Basics#136.3.15 Reimbursement and Auditing|EPG 136.3.15 Reimbursement and Auditing]].<br /> <br /> 12/27/12: In [[136.11 Local Public Agency Construction|EPG 136.11 Local Public Agency Construction]], updated references to Fig. 136.11.9 from &quot;Contractor Certification&quot; to &quot;Contractor DBE Certification&quot;.<br /> <br /> 12/21/12: A note was added to [[media:136.4.17 Dec 2012.xlsx|Fig. 136.4.17]] about PE ceiling or CE ceiling amounts.<br /> <br /> 12/10/12: [https://epg.modot.org/index.php?title=136.9_Plans%2C_Specs_and_Estimates_%28PSE%29#136.9.4.1.1.11_E-Verify_Affidavit_.26_MOU_.28RsMO_285.530.29 EPG 136.9.4.1.1.11 E-Verify Affidavit &amp; MOU] was updated. (The bid proposal must now state that the E-verify affidavit and MOU must be submitted prior to award of the contract.) Also [[media:136.9.3 2018.docx|Fig. 136.9.3, Federal Project Bid Proposal Boilerplate]] was clarified on the use of bid bond forms and when worker eligibility documents must be submitted.<br /> <br /> 12/5/12: Item 78 in [[media:136.9.1 Dec 5, 2012.xlsx|Fig. 136.9.1]] was updated with a minor revision to match the Obligation Request Form categories.<br /> <br /> 11/27/12: [https://epg.modot.org/index.php?title=136.7_Design#136.7.3.1.2.1.4_Lump_Sum_Items EPG 136.7.3.1.2.1.4 Lump Sum Items] was clarified by stating that spec lump sum items do not require a JSP. <br /> <br /> 11/26/12: Several minor clarifications were made to [[136.4 Consultant Selection and Consultant Contract Management|EPG 136.4 Consultant Selection and Consultant Contract Management]]. The most notable clarifications were made to [[136.4 Consultant Selection and Consultant Contract Management#136.4.1.3.2 Preliminary Engineering Activities by Local Forces|EPG 136.4.1.3.2 Preliminary Engineering Activities by Local Forces]] (about when the LPA is not requesting reimbursement for the in-house design services), [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.6 Step 5 - Selection of Consultant|EPG 136.4.2.6 Step 5 - Selection of Consultant]] (about rating as many firms as necessary), [[136.4 Consultant Selection and Consultant Contract Management#136.4.2.7.3 Subconsultants|EPG 136.4.2.7.3 Subconsultants]] (about encouraging subconsultants to be prequalified), [[136.4 Consultant Selection and Consultant Contract Management#136.4.3.1 Payments/Invoicing|EPG 136.4.3.1 Payments/Invoicing]] (adding that each invoice must show the total DBE payments for the particular invoice) and [[136.4 Consultant Selection and Consultant Contract Management#136.4.3.2 Supplemental Agreements|EPG 136.4.3.2 Supplemental Agreements]] (about LPA responsibility to fund the work).<br /> <br /> 11/21/12: Minor updates were made to Figs. [[media:136.4.11 2012.doc|136.4.11]] and [[media:Fig. 136.4.14 Nov 2012.doc|136.4.14]].<br /> <br /> 11/19/12: In EPG 136.11.2 Work by LPA Forces, the [http://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf link to FHWA Fom 1273] was updated.<br /> <br /> 11/15/12: [[media:136.4.10 Nov 15, 2012.xlsx|Fig. 136.4.10, LPA Consultant Services Invoice]], was updated to expand the DBE information.<br /> <br /> 11/2/12: LPAs' website advertisement opportunities were expanded in the first paragraph of [https://epg.modot.org/index.php?title=136.10_Advertisement_for_Bid_and_Project_Award#136.10.3_Bid_Opening_Advertisement EPG 136.10.3 Bid Opening Advertisement ].<br /> <br /> 11/1/12: Guidance was added to [[136.4 Consultant Selection and Consultant Contract Management#6. Bridge Consultants Only:|EPG 136.4.1.5 Consultant Qualification, #6 Bridge Consultants Only]] that the Bridge Experience Profile and Personal Bridge Experience Record forms must be updated every 3 years. <br /> <br /> 10/25/12: In [https://epg.modot.org/index.php?title=136.4_Consultant_Selection_and_Consultant_Contract_Management#136.4.2.7.2_Basis_of_Payment EPG 136.4.2.7.2 Basis of Payment], changed the mileage reimbursable rates from the IRS rate to GSA's current POV Mileage Reimbursable Rate. Also updated [[media:Fig. 136.4.14 2012.doc|Fig. 136.4.14]] to reflect this change.<br /> <br /> 10/23/12: In [https://epg.modot.org/index.php?title=136.12_Figures_and_Glossary#136.12.3.2.1_Commonly_Used_Forms EPG 136.12.3.2.1 Commonly Used Forms], removed Fig. 136.12, Sample Form for Submitting Invoices from the gray &quot;Forms and Information&quot; box. This form was out-of-date and has been relabeled elsewhere.<br /> <br /> 10/22/12: [[media:136.9.12 Oct 2012.doc|Fig. 136.9.12's]] cross slope compliance guidance was slightly modified.<br /> <br /> 10/12/12: In [[136.4 Consultant Selection and Consultant Contract Management#136.4.3.3 Consultant Performance Appraisals|EPG 136.4.3.3 Consultant Performance Appraisals]], guidance was clarified on how to document consultant evaluations.<br /> <br /> 10/11/12: A minor typo update was made to [[media:136.8.8 2012.doc|Form 136.8.8]]. <br /> <br /> 10/10/12: A minor change was made to [[media:136.9.3 2018.docx|Fig. 136.9.3, Federal Project Bid Proposal Boilerplate]], clarifying that the E-verify information must be submitted with each bid.<br /> <br /> 10/5/12: [[media:136.4.10 Oct 5, 2012.xlsx|Figs. 136.4.10]] and [[media:136.4.17 Oct 5, 2012.xlsx|136.4.17]] were updated. In Fig. 136.4.10, more cells were locked and Cell C68 was updated, while in Fig. 136.4.17, commentary was added on how to fill out Section 2 of the invoice. Also, in [[136.3 Federal Aid Basics|EPG 136.3 Federal Aid Basics]] the &quot;How To&quot; PowerPoint, [[media:136.4.2.3 How to Develop a Winning Project Application.ppt|How to Develop a Winning Project Application]], was added.<br /> <br /> 10/1/12: In [[media:136.4.10 Oct 2012.xlsx|Fig. 136.4.10]], changed cells to have 2 decimal points instead of none. In [https://epg.modot.org/index.php?title=136.6_Environmental_and_Cultural_Requirements#136.6.4.10_Hazardous_Waste EPG 136.6.4.10], minor clarifications were made about including inspection reports in the bid proposal. In [[136.9 Plans, Specs and Estimates (PSE)|EPG 136.9]], minor clarifications were made to [https://epg.modot.org/index.php?title=136.9_Plans%2C_Specs_and_Estimates_%28PSE%29#136.9.2.1_Environmental.2C_Historical_and_Cultural_Requirements EPG 136.9.2.1] and [https://epg.modot.org/index.php?title=136.9_Plans%2C_Specs_and_Estimates_%28PSE%29#136.9.4.1.1.4_Certifications_Regarding_Affirmative_Action_and_Equal_Opportunity 136.9.4.1.1.4] about including all hazardous waste reports and changing the timeline for submitting subcontractor affirmative action certification prior to the notice to proceed for construction, respectively. In [[media:136.9.1 Sept 28, 2012.xlsx|Fig. 136.9.1]], a line item was added for Asbestos and Lead Paint Inspection Reports that need to be a part of the bid book. In [[136.11 Local Public Agency Construction|EPG 136.11]], a requirement for Hazardous Waste Notifications was added to [[media:136.11.1 Sept 2012.doc|Fig. 136.11.1]]. <br /> <br /> 9/25/12: [[media:136.9.3 2018.docx|Fig. 136.9.3]] was revised by adding a revision date and a statement on project award.<br /> <br /> 9/24/12: A minor clarification was made to [https://epg.modot.org/index.php?title=136.9_Plans%2C_Specs_and_Estimates_%28PSE%29#136.9.4.1.1.15_Disadvantaged_Business_Enterprise_.28DBE.29_.2849_CFR_Part_26.29 EPG 136.9.4.1.1.15] about the DBE goal applying to the entire federally-funded project. Also, a very minor update was made to [[media:136.9.1 Sept 2012.xlsx|Fig. 136.9.1]].<br /> <br /> 9/5/12: Three figures, [[media:136.4.10 Sept 5, 2012.xlsx|136.4.10]], [[media:136.4.17 Sept 2012.xlsx|136.4.17]] and [[media:136.4.18 Sept 5, 2012.docx|136.4.18]], were updated with minor revisions.<br /> <br /> 9/4/12: The ADA Checklist, Fig. 136.9.4, was updated, replacing the old &quot;ADA Post-Construction&quot; and &quot;Post-Inspection&quot; Checklist. The new ADA Checklist presents expanded information to comply with the US Access Board's PROWAG 2005 and 2010 ADA/ABA standards. Also, [[media:136.4.10 Sept 2012.xlsx|Fig. 136.4.10]] was updated with a minor revision.<br /> <br /> 8/30/12: Under &quot;Federal-Aid Essential Videos&quot; in the gray box at the top of [[136.4 Consultant Selection and Consultant Contract Management|EPG 136.4 Consultant Selection and Consultant Contract Management]], the &quot;Federal-Aid Program Overview&quot; video was replaced with three other videos.<br /> <br /> 8/29/12: In [https://epg.modot.org/index.php?title=136.4_Consultant_Selection_and_Consultant_Contract_Management#136.4.1.5_Consultant_Qualification EPG 136.4.1.5 Consultant Qualification], guidance was clarified for consultant qualification.<br /> <br /> 8/29/12: DBE requirement guidance was clarified in [https://epg.modot.org/index.php?title=136.4_Consultant_Selection_and_Consultant_Contract_Management#136.4.3.2_Supplemental_Agreements EPG 136.4.3.2 Supplemental Agreements]. <br /> <br /> 8/27/12: Links to various FHWA videos were added to the gray boxes at the top of several articles (including [[136.3 Federal Aid Basics|EPG 136.3 Federal Aid Basics]], [[136.4 Consultant Selection and Consultant Contract Management|EPG 136.4 Consultant Selection and Consultant Contract Management]], [[136.6 Environmental and Cultural Requirements|EPG 136.6 Environmental and Cultural Requirements]], [[136.7 Design|EPG 136.7 Design]], [[136.8 Local Public Agency Land Acquisition|EPG 136.8 LPA Land Acquisition]], [[136.9 Plans, Specs and Estimates (PSE)|EPG 136.9 PSE]], [[136.10 Advertisement for Bid and Project Award|EPG 136.10 Advertisement for Bid and Project Award]] and [[136.11 Local Public Agency Construction|EPG 136.11 LPA Construction]]).<br /> <br /> 8/22/12: The invoice template guidance was clarified and slightly expanded in the &quot;Invoice Detail&quot; portion of [[136.4 Consultant Selection and Consultant Contract Management#136.4.3.1 Payments/Invoicing|EPG 136.4.3.1 Payments/Invoicing]].<br /> <br /> 8/20/12: Fig. 136.9.1 was revised with a minor update.<br /> <br /> 8/9/12: [[media:136.9.3 2018.docx|Fig. 136.9.3]] (Federal Project Bid Proposal Boilerplate) was updated.<br /> <br /> 7/31/12: Revised [[media:136.4.10 July 31, 2012.xlsx|Fig. 136.4.10]] and [[media:136.4.18 July 2012.docx|Fig. 136.4.18]] with minor updates.<br /> <br /> 7/30/12: In [[136.12 Figures, Glossary and Other Useful Links#136.12.3.2.1 Commonly Used Forms|EPG 136.12.3.2.1]], the link to FHWA Form 1273 was updated. The new link is the same as the current link to this form in EPG 136.9 Plans, Specs and Estimates (PSE).<br /> <br /> 7/23/12: [[media:136.4.10 July 23, 2012.xlsx|Fig. 136.4.10, LPA Consultant Services Invoice]], was updated with a minor revision.<br /> <br /> 7/23/12: In [https://epg.modot.org/index.php?title=136.4_Consultant_Selection_and_Consultant_Contract_Management#136.4.2.4.1_Advertising_on_MoDOT.E2.80.99s_Site EPG 136.4.2.4.1 Advertising on MoDOT’s Site], guidance was clarified by adding &quot;When advertising on MoDOT's website, the LPA can choose to also advertise in a newspaper but it is not required.&quot;<br /> <br /> 7/18/12: Several links were updated and references to form attachments were updated in [[136.4 Consultant Selection and Consultant Contract Management|EPG 136.4 Consultant Selection and Consultant Contract Management]]. Also, [[media:Fig. 136.4.1.docx|Fig. 136.4.1]] had minor clarifications and [[media:136.4.17 July 2012.xlsx|Fig. 136.4.17]] had one minor update.<br /> <br /> 7/17/12: [[media:136.4.10 July 2012.xlsx|Fig. 136.4.10]] was updated with minor changes.<br /> <br /> 7/17/12: A clarification in the second paragraph of [https://epg.modot.org/index.php?title=136.9_Plans%2C_Specs_and_Estimates_%28PSE%29#136.9.2.3_Utility_Status EPG 136.9.2.3 Utility Status]: &quot;bid opening&quot; was replaced with &quot;construction obligation&quot;.<br /> <br /> 7/12/12: Figs. 136.4.18 and 136.9.1 were updated with minor corrections.<br /> <br /> 7/6/12: In [[136.4 Consultant Selection and Consultant Contract Management|EPG 136.4]], Figs. 136.4.10 and 136.4.17 were updated as xlsx files.<br /> <br /> 7/2/12: [http://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf Fig. 136.9.7, Required Contract Provision], was updated.<br /> <br /> 6/25/12: Fig. 136.5.4, Non-Infrastructure Obligation Request Form, was made available in [[136.5 Non-Infrastructure|EPG 136.5 Non-Infrastructure]].<br /> <br /> 6/19/20: In EPG 136.4, the &quot;How To&quot; tutorial [[media:136.4 How to Evaluate.ppt|How to Evaluate Consultant Proposals, Complete Rating Sheets and Make a Selection]] was added. Also, minor updates were done to [[media:136.4.10 June 20, 2012.doc|Fig. 136.4.10, LPA Consultant Services Invoice]].<br /> <br /> 6/14/12: In [[136.12 Figures, Glossary and Other Useful Links#136.12.1 Figures|EPG 136.12.1 Figures]] and [[136.8 Local Public Agency Land Acquisition|EPG 136.8 LPA Land Acquisition]], the Roster of Approved Contract Appraisers was updated so that LPAs can access it. Also, the Roster of Approved Contract Negotiators was added.<br /> <br /> 6/12/12: In [https://epg.modot.org/index.php?title=136.6_Environmental_and_Cultural_Requirements#136.6.4.10.2_Painting_Bridges_and_Demolition_of_Painted_Structures EPG 136.6.4.10.2 Painting Bridges and Demolition of Painted Surfaces], a process change has been required by MoDOT's signing an MOU with DHSS. For any lead testing activity, the contractor must be licensed as a lead abatement contractor and the contractor must provide the proper notification(s) to DHSS. <br /> <br /> 6/11/12: In [https://epg.modot.org/index.php?title=136.6_Environmental_and_Cultural_Requirements#136.6.4.10.1_Renovation_and_Demolition_of_Structures EPG 136.6.4.10.1 Renovation and Demolition of Structures], the use of an Asbestos Building Inspector was specified rather than &quot;a certified asbestos inspector&quot;. Also, in [[136.4 Consultant Selection and Consultant Contract Management|EPG 136.4 Consultant Selection and Consultant Contract Management]], Figs. 136.4.10 and 136.4.18 were updated.<br /> <br /> 6/6/12: Fig. 136.11.6 was clarified so that which form is being filled out and which of the other two figures comprising each half when the contractor fills it out are now clearly indicated. <br /> <br /> 6/4/12: A small clarification was made in Fig. 136.9.12.<br /> <br /> 5/25/12: Fig. 136.9.1 was updated with minor clarifications. Also, [https://epg.modot.org/index.php?title=136.9_Plans%2C_Specs_and_Estimates_%28PSE%29#136.9.2.11_PS.26E_Certification EPG 136.9.2.11] was added to further clarify the PS&amp;E certification.<br /> <br /> 5/21/12: Several minor corrections of references to Federal Bid Proposal Boilerplate sections in [https://epg.modot.org/index.php?title=136.9_Plans%2C_Specs_and_Estimates_%28PSE%29#136.9.4.1.1.4_Certifications_Regarding_Affirmative_Action_and_Equal_Opportunity EPG 136.9.4.1.1.4] through [https://epg.modot.org/index.php?title=136.9_Plans%2C_Specs_and_Estimates_%28PSE%29#136.9.4.1.1.7_Lobbying_Certification_.2849_CFR_part_20.29 EPG 136.9.4.1.1.7].<br /> <br /> 5/17/12: In [https://epg.modot.org/index.php?title=136.6_Environmental_and_Cultural_Requirements#136.6.2_National_Environmental_Policy_Act_.28NEPA.29_Classification EPG 136.6.2 NEPA Classification], the info about the three-year shelf life of the NEPA was clarified. In [[136.12 Figures, Glossary and Other Useful Links#136.12.3.2.1 Commonly Used Forms|EPG 136.12.3.2.1 Commonly Used Forms]], the Obligation Request Form was updated. Also, Fig. 136.3.17 Work by Local Forces Proposal was updated.<br /> <br /> 5/11/12: A useful PowerPoint tutorial, &quot;How to Complete the RFQ and Get it Advertised&quot;, is now available in [https://epg.modot.org/index.php?title=136.4_Consultant_Selection_and_Consultant_Contract_Management#136.4.2.3_Step_2_-_Creating_an_RFQ_Document EPG 136.4.2.3]. <br /> <br /> 5/10/12: Fig. 136.9.1 was updated with minor clarifications. Also, there were minor corrections to [https://epg.modot.org/index.php?title=136.10_Advertisement_for_Bid_and_Project_Award#136.10.6.1_Certification_Regarding_Anti-collusion EPG 136.10.6.1], [https://epg.modot.org/index.php?title=136.10_Advertisement_for_Bid_and_Project_Award#136.10.6.2_Certification_Regarding_Use_of_Contract_Funds_for_Lobbying EPG 136.10.6.2], [https://epg.modot.org/index.php?title=136.10_Advertisement_for_Bid_and_Project_Award#136.10.6.3_Certification_Regarding_Debarment_and_Suspension EPG 136.10.6.3] and [https://epg.modot.org/index.php?title=136.10_Advertisement_for_Bid_and_Project_Award#136.10.6.4_Certifications_Regarding_Affirmative_Action_and_Equal_Opportunity EPG 136.10.6.4].<br /> <br /> 5/3/12: Updated [[media:136.9.3 2018.docx|Fig. 136.9.3, Federal Project Bid Proposal Boilerplate]].<br /> <br /> 4/30/12: [[media:136.9.1.xls|Fig. 136.9.1]] updated as an Excel file.<br /> <br /> 4/30/12: Two new figures (Figs. 136.11.14 and 136.11.15) and associated guidance were added to [https://epg.modot.org/index.php?title=136.3_Federal_Aid_Basics#136.3.7.3_Progress_Invoices EPG 136.3.7.3 Progress Invoices] and [https://epg.modot.org/index.php?title=136.11_Local_Public_Agency_Construction#136.11.13.3_Invoices EPG 136.11.13.3 Invoices].<br /> <br /> 4/30/12: Because the info required by Fig. 136.3.1 Programming Data was split between it and Fig. 136.6.4 LPA Request for Env'l Review, the guidance for programming projects was revised. Note changes in the table in [[136.3 Federal Aid Basics#136.3.7.1 Procedures|EPG 136.3.7.1]], new guidance in [[136.3 Federal Aid Basics#136.3.8 Programs|EPG 136.3.8 Programs]] and shortened guidance in [[136.3 Federal Aid Basics#136.3.8.1.3 Project Programming|EPG 136.3.8.1.3]], [[136.3 Federal Aid Basics#136.3.8.2.3 Project Programming|EPG 136.3.8.2.3]], [[136.3 Federal Aid Basics#136.3.8.3.3 Project Programming|EPG 136.3.8.3.3]], [[136.3 Federal Aid Basics#136.3.8.5.3.1 Roadway Type Projects|EPG 136.8.5.3.1]] and [[136.3 Federal Aid Basics#136.3.8.5.3.2 Non-Infrastructure Projects|EPG 136.3.8.5.3.2]].<br /> <br /> 4/27/12: The guidance on the need for an erosion control plan was clarified in the first paragraph of [https://epg.modot.org/index.php?title=136.6_Environmental_and_Cultural_Requirements#136.6.4.8_Stormwater_and_Erosion_Control EPG 136.6.4.8 Stormwater and Erosion Control]. In the third paragraph of EPG 136.6.4.8, it was further clarified that the SWPPP does not need to be site-specific, but the erosion control plan does need to be site-specific.<br /> <br /> 4/24/12: Comments from the Corps of Engineers have clarified guidance in both [https://epg.modot.org/index.php?title=136.6_Environmental_and_Cultural_Requirements#136.6.4.3_Section_404_Permits_for_Wetlands_and_Streams EPG 136.6.4.3 Section 404 Permits for Wetlands and Streams] and [https://epg.modot.org/index.php?title=136.6_Environmental_and_Cultural_Requirements#136.6.4.4_Channel_Modification EPG 136.6.4.4 Channel Modification].<br /> <br /> 4/24/12: Several &quot;How To&quot; PowerPoint tutorials were added to EPG 136 LPA Policy articles. View these new tutorials at the bottom of the large, gray &quot;Figure&quot; boxes at the top of [[136.6 Environmental and Cultural Requirements#PowerPoint Tutorials|EPG 136.6]], [[136.8 Local Public Agency Land Acquisition#PowerPoint Tutorials|EPG 136.8]] and [[136.11 Local Public Agency Construction#PowerPoint Tutorials|EPG 136.11]].<br /> <br /> 4/23/12: EPG 136 was generally re-written following thorough research. Please check the entire contents of any EPG 136 article you may be consulting so as not to miss any policy changes.<br /> <br /> <br /> <br /> <br /> <br /> [[Category:136 Local Public Agency (LPA) Policy|136.13]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=LPA:136.12_Figures,_Glossary_and_Other_Useful_Links&diff=52123 2022-12-19T18:14:18Z

<p>Hallej1: /* 136.12.1 Figures */</p> <hr /> <div>==136.12.1 Figures==<br /> <br /> &lt;center&gt;<br /> {| border=&quot;1&quot; class=&quot;wikitable&quot; style=&quot;margin: 1em auto 1em auto&quot; style=&quot;text-align:center&quot;<br /> |-<br /> ! Colspan=&quot;2&quot; style=&quot;background:#BEBEBE&quot;|[[136.1 Introduction|EPG 136.1 Introduction]]<br /> |-<br /> ! style=&quot;background:#F5F5F7&quot;|New Figure No.!! style=&quot;background:#F5F5F7&quot;|Figure Title<br /> |-<br /> | [[media:Fig. 136.1.10 Project Flowchart for Local Federal-Aid Projects.pdf|136.1]] || align=&quot;left&quot; |Project Flowchart for Local Federal-Aid Projects<br /> |-<br /> | [[media:136.1.10.1 LPA Planning Process Chart.pdf|136.1.1]] ||align=&quot;left&quot; | LPA Planning Process Chart<br /> |-<br /> | [[media:136.1.10.2 MoDOT Programming Process Chart.pdf|136.1.2]] ||align=&quot;left&quot; | MoDOT Programming Process Chart<br /> |-<br /> | [[media:136.1.10.3 Right of Way Process Chart.pdf|136.1.3]] ||align=&quot;left&quot; | Right of Way Process<br /> |-<br /> | [[media:136.1.10.4 Preliminary Plan Process Chart.pdf|136.1.4]] ||align=&quot;left&quot; | Preliminary Plans Process<br /> |-<br /> | [[media:136.1.10.5 Plans Specifications and Estimate Process Chart.pdf|136.1.5]] ||align=&quot;left&quot; | Final Plans Specifications &amp; Estimate Process<br /> |-<br /> | [[media:136.1.10.6 Letting Plans and Contract Proposal Process Chart.pdf|136.1.6]] ||align=&quot;left&quot; | Letting Plans &amp; Contract Proposal Process<br /> |-<br /> | [[media:136.1.10.7 Construction Bidding and Contract Process Chart.pdf|136.1.7]] ||align=&quot;left&quot; | Construction Process<br /> |-<br /> | [[media:136.1.10.8 LPA MoDOT Agreement Process Chart.pdf|136.1.8]] ||align=&quot;left&quot; | LPA MoDOT Agreement Process Chart<br /> |-<br /> | [[media:136.1.10.9 Engineering Services Contract Process Chart.pdf|136.1.9]] ||align=&quot;left&quot; | Engineering Services Contract Process Chart<br /> |-<br /> ! Colspan=&quot;2&quot; style=&quot;background:#BEBEBE&quot;|[[136.3 Federal Aid Basics|EPG 136.3 Federal Aid Basics]]<br /> |-<br /> ! style=&quot;background:#F5F5F7&quot;|New Figure No.!! style=&quot;background:#F5F5F7&quot;|Figure Title<br /> |-<br /> |[[media:136.3.1 Sept 2017.doc|136.3.1]] ||align=&quot;left&quot; |Programming Data Form<br /> |-<br /> |[[media:136.3.4.pdf|136.3.4]] ||align=&quot;left&quot; |Non-State Bridge Soft Match Credit Program Documentation Checklist<br /> |-<br /> |[[media:136.3.16.doc|136.3.16]] ||align=&quot;left&quot; |Sample Ordinance<br /> |-<br /> |[[media:136.3.17 May 2012.doc|136.3.17]] ||align=&quot;left&quot; |Work by Local Forces Proposal<br /> |-<br /> | [[media:136.3.18 2014.xls|136.3.18]] ||align=&quot;left&quot; |&lt;div id=&quot;Construction Reimbursement Form<br /> &quot;&gt;&lt;/div&gt;Construction Reimbursement Form<br /> |-<br /> |[[media:Fig.136.3.19 Sept 2019.pdf|136.3.19]]||align=&quot;left&quot; | Current BEAP Consultant List<br /> |-<br /> |[[media:Fig.136.3.20 2021.docx|136.3.20]]||align=&quot;left&quot; | BEAP Project Tracking Form<br /> |-<br /> |[[media:Fig.136.3.24 2021.docx|136.3.24||align=&quot;left&quot; | TEAP Program Application]]<br /> |-<br /> |[[media:Fig.136.3.25.xls|136.3.25||align=&quot;left&quot; | TEAP Consultant MOU]]<br /> |-<br /> |[[media:Fig.136.3.26.xls|136.3.26||align=&quot;left&quot; | TEAP Project Invoice Form]]<br /> |-<br /> |[[media:Fig.136.3.27.pdf|136.3.27||align=&quot;left&quot; | Example of a Soft Match Credit Transfer Request]]<br /> |-<br /> ! Colspan=&quot;2&quot; style=&quot;background:#BEBEBE&quot;|[[136.4 Consultant Selection and Consultant Contract Management|EPG 136.4 Consultant Selection and Consultant Contract Management]]<br /> |-<br /> ! style=&quot;background:#F5F5F7&quot;|New Figure No.!! style=&quot;background:#F5F5F7&quot;|Figure Title<br /> |-<br /> | [[media:Fig. 136.4.1 May 2016.docx|136.4.1]] ||align=&quot;left&quot; |Engineering Services Contract <br /> |-<br /> | [[media:Fig._136.4.2_2022.doc|136.4.2]] ||align=&quot;left&quot; |Consultant Selection Criteria<br /> |-<br /> |[[media:134.3.2 2021.pdf|136.4.3/134.3.2]]|| align=&quot;left&quot; |Allowable Profit Curve as a % of Direct Salary Costs<br /> |-<br /> |[[media:Fig. 136.4.4.doc|136.4.4]]|| align=&quot;left&quot; |Supplemental Agreement to Engineering Services contract<br /> |-<br /> |[[media:136.4.5.doc|136.4.5]] ||align=&quot;left&quot; |Consultant Performance Appraisal Form<br /> |-<br /> | [[media:136.4.6.docx|136.4.6]] ||align=&quot;left&quot; |Common Unallowable Costs<br /> |-<br /> |[[media:136.4.7 2019.docx|136.4.7]] ||align=&quot;left&quot; |Sample Solicitation &amp; Sample Scope of Services<br /> |-<br /> |[[media:136.4.9 Sept 2013.doc|136.4.9]] ||align=&quot;left&quot; |Local Sponsor ESC Sample Cover Letter<br /> |-<br /> |[[media:136.4.10_2022_LPA_Invoice.xlsx|136.4.10]] ||align=&quot;left&quot; |LPA Consultant Services Invoice<br /> |-<br /> |[[media:136.4.11 2019.docx|136.4.11]] ||align=&quot;left&quot; |Consultant Selection &amp; ESC Submittal Checklist<br /> |-<br /> |[[media:Fig. 136.4.12.pdf|136.4.12]] ||align=&quot;left&quot; |QBS Process Flowchart<br /> |-<br /> |[[media:136.4.13.doc|136.4.13]] ||align=&quot;left&quot; |Consultant Services Q&amp;A<br /> |-<br /> |[[media:Fig. 136.4.14 Aug 2013.doc|136.4.14]] ||align=&quot;left&quot; |Checklist for reviewing Consultant Contracts<br /> |-<br /> |[[media:136.4.15 2014.doc|136.4.15]] ||align=&quot;left&quot; |Conflict of Interest Disclosure Form<br /> |-<br /> |[[media:136.4.16.pdf|136.4.16]] ||align=&quot;left&quot; |Overhead Schedule Example<br /> |-<br /> |[[media:136.4.17 Dec 2012.xlsx|136.4.17]] ||align=&quot;left&quot; |Engineering Services Invoice EXAMPLE<br /> |-<br /> |[[media:136.4.18 Sept 5, 2012.docx|136.4.18]] ||align=&quot;left&quot; |Checklist for Engineering Services Invoice<br /> |-<br /> |[[media:136.4.19.docx|136.4.19]] ||align=&quot;left&quot; |LPA On-Call Consultant Evaluation<br /> |-<br /> ! Colspan=&quot;2&quot; style=&quot;background:#BEBEBE&quot;|[[136.5 Non-Infrastructure|EPG 136.5 Non-Infrastructure]]<br /> |-<br /> ! style=&quot;background:#F5F5F7&quot;|New Figure No.!! style=&quot;background:#F5F5F7&quot;|Figure Title<br /> |-<br /> | [[media:136.5.1.xls|136.5.1]]|| align=&quot;left&quot; |Services Provided Worksheet<br /> |-<br /> | [[media:136.5.2.xls|136.5.2]]|| align=&quot;left&quot; |Materials Worksheet<br /> |-<br /> | [[media:136.5.3.xls|136.5.3]]|| align=&quot;left&quot; |Equipment Usage Worksheet<br /> |-<br /> | [[media:136.5.4 2013.doc|136.5.4]] || align=&quot;left&quot; |Non-Infrastructure Obligation Request Form<br /> |-<br /> |[[media:136.5.5.doc|136.5.5]]||align=&quot;left&quot; |LPA Request for Environmental Services - Non-Infrastructure<br /> |-<br /> ! Colspan=&quot;2&quot; style=&quot;background:#BEBEBE&quot;|[[136.6 Environmental and Cultural Requirements|EPG 136.6 Environmental and Cultural Requirements]]<br /> |-<br /> ! style=&quot;background:#F5F5F7&quot;|New Figure No.!! style=&quot;background:#F5F5F7&quot;|Figure Title<br /> |-<br /> | [[media:136.6.1.docx|136.6.1]] ||align=&quot;left&quot; |Project Review Process flowchart<br /> |-<br /> | [[media:136.6.2.docx|136.6.2]]|| align=&quot;left&quot; |Key Environmental/Cultural Resources Compliance Milestones<br /> |-<br /> | [[media:136.6.3 Jan 18 2019.docx|136.6.3]]|| align=&quot;left&quot; |Environmental/Cultural Resources Compliance Checklist<br /> |-<br /> | - || align=&quot;left&quot;| [https://www6.modot.mo.gov/RERProject/Pages/Login.aspx?ReturnUrl=%2fRERProject%2f LPA Request for Environmental Review]<br /> |-<br /> |[[media:136.6.4 instructions 2021.pdf|136.6.4]] ||align=&quot;left&quot; | How to Complete the Request for Environmental Review<br /> |-<br /> |[[media:136.6.5.pdf|136.6.5]]||align=&quot;left&quot; | Instructions for Preparing Categorical Exclusion Determination<br /> |-<br /> | [[media:136.6.6 2021.pdf|136.6.6]]|| align=&quot;left&quot; |Generalized flowchart of the Section 106 Process for Local Public Agencies<br /> |-<br /> | [[media:136.6.7 2017.docx|136.6.7]] ||align=&quot;left&quot; |Memorandum of Agreement for Migration of Adverse Effects<br /> |-<br /> | [[media:136.6.8 2013.doc|136.6.8]]||align=&quot;left&quot; | LPA Section 4(f) Compliance Worksheet for Public Lands<br /> |-<br /> | [[media:136.6.9.doc|136.6.9]]|| align=&quot;left&quot; |Content of a Section 4(f) Evaluation<br /> |-<br /> | [[media:136.6.10.doc|136.6.10]] ||align=&quot;left&quot; |Diagram of Typical Floodplain<br /> |-<br /> | [http://sema.dps.mo.gov/programs/floodplain/documents/floodplain-develoment-permit.pdf 136.6.11]|| align=&quot;left&quot; |LPA Floodplain Development Permit<br /> |-<br /> | [http://sema.dps.mo.gov/programs/floodplain/documents/no-rise-certification.pdf 136.6.12]|| align=&quot;left&quot; |Engineering “No-Rise” Certificate<br /> |-<br /> | [[media:136.6.13.doc|136.6.13]] ||align=&quot;left&quot; |Procedures for “No-Rise” Certification for Proposed Development<br /> |-<br /> | [[media:136.6.14.docx|136.6.14]] ||align=&quot;left&quot; width=500px|Procedures for Environmental Clearance of Borrow Sites and Other Disturbed Areas Outside Right of Way<br /> |-<br /> |[[media:136.6.15.docx|136.6.15]] ||align=&quot;left&quot; width=500px| Example e106 Form<br /> |-<br /> |[[media:136.6.16 2018.pdf|136.6.16]] ||align=&quot;left&quot; width=500px|LPA Project Environmental Checklist<br /> |-<br /> |[[media:136.6.17.docx|136.6.17]] ||align=&quot;left&quot; width=500px|Sample LPA Transmittal of MOA Letter <br /> |-<br /> |[[media:Fig. 136.6.18.pdf|136.6.18]] ||align=&quot;left&quot; width=500px|Threatened and Endangered Species Federal Aid Transportation Submittal Checklist<br /> |-<br /> |[[media:Fig. 136.6.19.pdf|136.6.19]]||align=&quot;left&quot; width=500px| August 2018 MoDOT USFWS Threatened and Endangered Species Habitats<br /> |-<br /> ! colspan=&quot;2&quot; style=&quot;background:#F5F5F7&quot;|Other Figures and Information for EPG 136.6<br /> |-<br /> |colspan=&quot;2&quot; align=&quot;center&quot;|[http://www.achp.gov/archguide.html Advisory Council “Model MOA”]<br /> |-<br /> |colspan=&quot;2&quot; align=&quot;center&quot;|[https://epg.modot.org/forms/DE-Env&amp;Cultural/Categorial%20Exclusion%20Form.dot Categorical Exclusion Determination]<br /> |-<br /> |colspan=&quot;2&quot; align=&quot;center&quot;|[http://dnr.mo.gov/forms/780-1718_inst.pdf Instructions for Completing the SHPO 106 Survey Memo]<br /> |-<br /> |colspan=&quot;2&quot; align=&quot;center&quot;|[[Media:127.11 Form AD 1006.DOC|Farmland Conversion Impact Rating]]<br /> |-<br /> |colspan=&quot;2&quot; align=&quot;center&quot;|[http://www.usace.army.mil/CECW/Documents/cecwo/reg/nwp/nwp2007_gen_conditions_def.pdf Nationwide 404 Permit for Minor Road Crossings (NWP 14 Linear Transportation Projects)]<br /> |-<br /> |colspan=&quot;2&quot; align=&quot;center&quot;|[http://www.dnr.mo.gov/forms/780-1718.pdf State Historic Preservation Office’s Section 106 Survey Form]<br /> |-<br /> |colspan=&quot;2&quot; align=&quot;center&quot;|[http://www.dnr.mo.gov/forms/780-1027-f.pdf State Historic Preservation Office’s Section 106 Project Information Form]<br /> |-<br /> ! Colspan=&quot;2&quot; style=&quot;background:#BEBEBE&quot;|[[136.7 Design|EPG 136.7 Design]]<br /> |-<br /> ! style=&quot;background:#F5F5F7&quot;|New Figure No.!! style=&quot;background:#F5F5F7&quot;|Figure Title<br /> |-<br /> | 136.7.1|| align=&quot;left&quot; |Dimensional Accuracy<br /> |-<br /> | 136.7.2||align=&quot;left&quot; | Utility Depth and Encasement Requirements<br /> |-<br /> | [[media:136.7.3.xls|136.7.3]]|| align=&quot;left&quot; |Blank Structure Inventory and Appraisal Sheet<br /> |-<br /> | [[media:136.7.4.xls|136.7.4]]|| align=&quot;left&quot; |LFD Load Rating Summary Sheet<br /> |-<br /> | [[media:136.7.5.xls|136.7.5]]|| align=&quot;left&quot; |LRFR Load Rating Summary Sheet<br /> |-<br /> | [[media:136.7.6.doc|136.7.6]]||align=&quot;left&quot; | Example Notice of Public Hearing<br /> |-<br /> | [[media:136.7.7.docx|136.7.7]]||align=&quot;left&quot; | Safety Requirements JSP<br /> |-<br /> | [[media:136.7.8.doc|136.7.8]] ||align=&quot;left&quot; |Utilities Scoping Checklist<br /> |-<br /> ! Colspan=&quot;2&quot; style=&quot;background:#BEBEBE&quot;|[[136.8 Local Public Agency Land Acquisition|EPG 136.8 Local Public Agency Land Acquisition]]<br /> |-<br /> ! style=&quot;background:#F5F5F7&quot;|New Figure No.!! style=&quot;background:#F5F5F7&quot;|Figure Title<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Request%20for%20RW%20Acquisition%20Authority%20136.8.1.docx 136.8.1]||align=&quot;left&quot; | Acquisition Authority Request<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Adj%20of%20Value%20or%20Just%20Compensation%20Form%20136.8.2.docx 136.8.2]||align=&quot;left&quot; | Adjustment of Value or Just Compensation<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Administrative%20Settlement%20Justification%20Form%20136.8.3.docx 136.8.3]||align=&quot;left&quot; | Administrative Settlement Justification<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Appraisal%20Monitor%20Checklist%20Form%20136.8.4.docx 136.8.4]||align=&quot;left&quot; | Appraisal Monitor Checklist<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Appraisal%20Review%20Form%20136.8.5.docx 136.8.5]||align=&quot;left&quot; | Appraisal Review<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Assumptions%20and%20Limiting%20Conditions%20Form%20136.8.6.docx 136.8.6]||align=&quot;left&quot; | Assumptions and Limiting Conditions<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Certificate%20of%20Appraiser%20Form%20136.8.7.docx 136.8.7]||align=&quot;left&quot; | Certificate of Appraiser<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Clearance%20Certification%20Statement%20Form%20136.8.8.docx 136.8.8]||align=&quot;left&quot; | Clearance Certification Statement<br /> |-<br /> | [[media:136.8.8a.docx|136.8.8a]]||align=&quot;left&quot; |Right of Way Required - Personal Property Moved - Occupied Improvements Acquired<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Comparable%20Lease%20Form%20136.8.9.docx 136.8.9]||align=&quot;left&quot; | Comparable Lease<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Donation%20in%20Exchange%20for%20Construction%20Features%20Letter%20Form%20136.8.10.docx 136.8.10]||align=&quot;left&quot; | Donation in Exchange for Construction Features Letter<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Final%20Vacancy%20Notice%20for%20Relocation%20Form%20136.8.11.docx 136.8.11]||align=&quot;left&quot; | Final Vacancy Notice for Relocation<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Legal%20Justification%20for%20Settlement%20Form%20136.8.12.docx 136.8.12]||align=&quot;left&quot; | Legal Justification for Settlement<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Legal%20Trial%20Report%20136.8.13.docx 136.8.13]||align=&quot;left&quot; | Legal Trial Report<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/LPA%20Negotiator%20Services%20Agreement%20Form%20136.8.14.docx 136.8.14]||align=&quot;left&quot; | LPA Negotiator Services Agreement<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/LPA%20Prorata.docx 136.8.7.1.11] ||align=&quot;left&quot;| Local Public Agency Prorata Real Estate Tax Claim<br /> |-<br /> | - ||align=&quot;left&quot; |[[media:236 RW Leaflet.doc|LPA Right of Way Acquisition Brochure]]<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Negotiator's%20Report%20Form%20136.8.15.docx 136.8.15]||align=&quot;left&quot; | Negotiator’s Report<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Nonresidential%20Sale%20Form%20136.8.16.docx 136.8.16] ||align=&quot;left&quot; |Nonresidential Sale<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Parcel%20File%20Checklist%20Form%20136.8.17.docx 136.8.17]||align=&quot;left&quot; | Parcel File Checklist<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Plan%20Review%20Checklist%20Form%20136.8.18.docx 136.8.18]||align=&quot;left&quot; | Plan Review Checklist<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Privately%20Donated%20Land%20as%20Credit%20to%20Matching%20Share%20of%20Project%20Costs%20Form%20136.8.19.docx 136.8.19]||align=&quot;left&quot; | Privately Donated Land as Credit for Match<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Project%20Acquisition%20Monitor%20Checklist%20Form%20136.8.20.docx 136.8.20]||align=&quot;left&quot; | Project Acquisition Monitor Checklist<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Proposal%20for%20Appraisal%20Work%20Form%20136.8.21.docx 136.8.21]||align=&quot;left&quot; | Proposal for Appraisal Work<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Relocation%20Monitor%20Checklist%20Form%20136.8.22.docx 136.8.22]||align=&quot;left&quot; | Relocation Monitor Checklist<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Residential%20Sale%20Form%20136.8.23.docx 136.8.23]||align=&quot;left&quot; | Residential Sale<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Review%20Appraiser%20Contract%20Form%20136.8.24.docx 136.8.24]||align=&quot;left&quot; | Review Appraiser Contract<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Right%20of%20Way%20Acquisition%20Schedule%20Form%20136.8.2.2.docx 136.8.2.2]||align=&quot;left&quot;| Right of Way Acquisition Schedule<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Right%20of%20Way%20Acquisition%20Scehdule%20Instructions%20Form%20136.8.2.2.A.docx 136.8.2.2.A]||align=&quot;left&quot;| Right of Way Acquisition Schedule Instructions <br /> |-<br /> | - ||align=&quot;left&quot; |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Roster of Approved Contract Appraisers]<br /> |-<br /> | - ||align=&quot;left&quot; |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved Contract Negotiators]<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Sample%20Donation%20Letter%20and%20Waiver%20of%20Appraisal%20Form%20136.8.25.docx 136.8.25]||align=&quot;left&quot; | Sample Donation Letter &amp; Waiver of Appraisal<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Sample%20Letter%20Offer%20Pyment%20Estimate%20Form%20136.8.26.docx 136.8.26]||align=&quot;left&quot; | Sample Letter Offer – Pay Estimate<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Sample%20Letter%20Offer%20Value%20Finding%20or%20Standard%20Formt%20Appraisal%20Form%20136.8.27.docx 136.8.27]||align=&quot;left&quot; | Sample Letter Offer – Value Finding<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Scope%20of%20Assignment%20Form%20136.8.28.docx 136.8.28]||align=&quot;left&quot; | Scope of Assignment<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Standard%20Appraisal%20Format%20Form%20136.8.29.docx 136.8.29]||align=&quot;left&quot; | Standard Appraisal Format<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Summary%20of%20HB%201944%20Form%20136.8.30.docx 136.8.30]||align=&quot;left&quot; | Summary of HB 1944<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Summary%20Value%20of%20Tenant%20Interests%20Form%20136.8.31.docx 136.8.31] ||align=&quot;left&quot; |Summary Value of Tenant Interests<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Uniform%20Residential%20Appraisal%20Report%20Form%20136.8.32.docx 136.8.32]||align=&quot;left&quot; | Uniform Residential Appraisal Report<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Value%20Finding%20Appraisal%20Format%20Form%20136.8.33.docx 136.8.33]||align=&quot;left&quot; | Value Finding Appraisal Format<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/Waiver%20Valuation%20Payment%20Estimate%20Form%20136.8.34.docx 136.8.34] ||align=&quot;left&quot; |Waiver Valuation<br /> |-<br /> | [https://epg.modot.org/forms/RW/LPA%20Links/60%20Day%20Notice%20of%20Owners%20Rights%20Form%20136.8.35.docx 136.8.35]||align=&quot;left&quot; | 60-Day Notice of Owners Rights<br /> |- <br /> ! Colspan=&quot;2&quot; style=&quot;background:#BEBEBE&quot;|[[136.9 Plans, Specs and Estimates (PSE)|EPG 136.9 Plans, Specs and Estimates (PSE)]]<br /> |-<br /> ! style=&quot;background:#F5F5F7&quot;|New Figure No.!! style=&quot;background:#F5F5F7&quot;|Figure Title<br /> |-<br /> | [[media:136.9.1_2019_REV103122.xlsx|136.9.1]]|| align=&quot;left&quot; |Final PS&amp;E Submittal Checklist<br /> |-<br /> | [[media:136.9.2.doc|136.9.2]]|| align=&quot;left&quot; |Subcontractor Certification Regarding Affirmative Action<br /> |-<br /> | [[media:Fig. 136.9.3 Jan 2021.docx|136.9.3]]|| align=&quot;left&quot; |Federal Project Bid Proposal Boilerplate <br /> |-<br /> | [https://epg.modot.org/forms/CM/ADA_Checklist.pdf 136.9.4]|| align=&quot;left&quot; |ADA Checklist (PDF version) (Rev. June 15, 2022)<br /> |-<br /> | [https://epg.modot.org/forms/CM/ADA_Checklist.docx 136.9.4]|| align=&quot;left&quot;|ADA Checklist (MS Word version) (Rev. June 15, 2022)<br /> |-<br /> | [[media:136.9.5 2020.docx|136.9.5]]|| align=&quot;left&quot; |LPA Certification of PS&amp;E<br /> |-<br /> | [[media:136.9.6.docx|136.9.6]]|| align=&quot;left&quot; |Utility Status Letter<br /> |-<br /> | [http://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf 136.9.7]|| align=&quot;left&quot; |FHWA 1273<br /> |-<br /> | [[media:136.9.8 2022.docx|136.9.8]]|| align=&quot;left&quot; |DBE Provisions<br /> |-<br /> | [[media:Fig. 136.9.9 2020.docx|136.9.9]]|| align=&quot;left&quot; |DBE Submittal Forms<br /> |-<br /> | [[media:136.9.10.pdf|136.9.10]]|| align=&quot;left&quot; |Example Itemized Bid Form<br /> |-<br /> | [[media:136.9.11.pdf|136.9.11]] ||align=&quot;left&quot; |Example Estimate (with categories)<br /> |-<br /> | [[media:136.9.12 Oct 2012.doc|136.9.12]] ||align=&quot;left&quot; |ADA Certification<br /> |-<br /> ! Colspan=&quot;2&quot; style=&quot;background:#BEBEBE&quot;|[[136.10 Advertisement for Bid and Project Award|EPG 136.10 Advertisement for Bid and Project Award]]<br /> |-<br /> ! style=&quot;background:#F5F5F7&quot;|New Figure No.!! style=&quot;background:#F5F5F7&quot;|Figure Title<br /> |-<br /> | [[media:136.10.1 2020.docx|136.10.1]] ||align=&quot;left&quot; |Sample Advertisement<br /> |-<br /> | [[media:136.10.2_2022.docx|136.10.2]]|| align=&quot;left&quot; |Bid Concurrence Checklist<br /> |-<br /> | [[media:136.10.3.docx|136.10.3]] || align=&quot;left&quot; |Sample Contract Agreement<br /> |-<br /> | [[media:136.10.4.doc|136.10.4]] || align=&quot;left&quot; |Sample Contract Bond<br /> |-<br /> | [[media:136.10.5.pdf|136.10.5]] || align=&quot;left&quot; | Sample Contractor's Acknowledgement<br /> |-<br /> ! Colspan=&quot;2&quot; style=&quot;background:#BEBEBE&quot;|[[136.11 Local Public Agency Construction|EPG 136.11 Local Public Agency Construction]]<br /> |-<br /> ! style=&quot;background:#F5F5F7&quot;|New Figure No.!! style=&quot;background:#F5F5F7&quot;|Figure Title<br /> |-<br /> | [[media:136.11.1 Nov 2013.doc|136.11.1]]|| align=&quot;left&quot; |General Guideline for LPA Preconstruction Conference<br /> |-<br /> | [[media:136.11.2.xlsx|136.11.2]] ||align=&quot;left&quot; |Change Order Form<br /> |-<br /> | [[media:136.11.3 2016.pdf|136.11.3]] ||align=&quot;left&quot; |Progress Report<br /> |-<br /> | [[media:136.11.4 2015.doc|136.11.4]]|| align=&quot;left&quot; |Request for Approval of Subcontract<br /> |-<br /> | [[media:136.11.5 Dec 2015.xls|136.11.5]]|| align=&quot;left&quot; |DBE Subcontract Worksheet<br /> |-<br /> | [[media:136.11.6 Dec 2015.pdf|136.11.6]]|| align=&quot;left&quot; |Subcontractor Certification Regarding Affirmative Action<br /> |-<br /> | [[media:136.11.7.doc|136.11.7]] ||align=&quot;left&quot; |Wage Rate Interview (Labor Compliance/EEO)<br /> |-<br /> | [[media:136.11.8.doc|136.11.8]] ||align=&quot;left&quot; |Form FHWA-1391<br /> |-<br /> | [[media:136.11.9 2016.docx|136.11.9]]|| align=&quot;left&quot; |Contractor DBE Certification<br /> |-<br /> | [[media:136.11.10.doc|136.11.10]]|| align=&quot;left&quot; |Contractor’s Affidavit Regarding Settlement of Claims<br /> |-<br /> | [[media:136.11.11.doc|136.11.11]]|| align=&quot;left&quot; |Affidavit (Compliance with Prevailing Wage Law)<br /> |-<br /> |[[media:136.11.12.doc|136.11.12]]||align=&quot;left&quot; | Site Visit Checklist<br /> |-<br /> |[https://epg.modot.org/forms/CM/27_Job_Site_Bulletin_Board_Checklist_fillable.pdf 136.11.13]||align=&quot;left&quot; | Job Bulletin Board Checklist<br /> |-<br /> |[[media:Fig. 136.11.14 secure.pdf|136.11.14]]||align=&quot;left&quot; |Construction Invoice Example 1<br /> |-<br /> |[[media:Fig. 136.11.15.pdf|136.11.15]]||align=&quot;left&quot; |Construction Invoice Example 2<br /> |-<br /> |[[media:Fig. 136.11.16.docx|136.11.16]]||align=&quot;left&quot;|Approved Contract Administration Software<br /> |-<br /> |[[media:136.11.18.docx|136.11.18]]||align=&quot;left&quot;| LPA Final Inspection Letter<br /> |-<br /> |[[media:136.11.19.docx|136.11.19]]||align=&quot;left&quot;| LPA Final List of Acceptance Testers<br /> |-<br /> |[[media:136.11.20.docx|136.11.20]]||align=&quot;left&quot;| LPA DBE Certification Letter<br /> |-<br /> |[[media:136.11.21.docx|136.11.21]]||align=&quot;left&quot;| LPA Vendor Lien Waiver<br /> |-<br /> |[[media:136.11.22.docx|136.11.22]]||align=&quot;left&quot;| LPA Final Acceptance Checklist<br /> |-<br /> |[[media:136.11.23 2016.pdf|136.11.23]]||align=&quot;left&quot;|LPA Semi-Final Inspection Checklist (Form C-236)<br /> |-<br /> | - ||align=&quot;left&quot;|[[media:Form C-239 2016.pdf|Final Acceptance Report (Form C-239)]]<br /> |-<br /> | - ||align=&quot;left&quot;|[https://epg.modot.org/forms/CM/CUF_Determination_Form_Contracts_Let_After_03_2021.pdf Commercially Useful Function (CUF) Determination Form]<br /> |-<br /> | EPG Article ||align=&quot;left&quot; | [[Off-Systems Guide Schedule for Federal-Aid Acceptance Sampling and Testing (FAST)|Off-Systems Guide Schedule for Federal-Aid Acceptance Sampling &amp; Testing (FAST)]]<br /> |}<br /> &lt;/center&gt;<br /> <br /> ==136.12.2 Glossary==<br /> <br /> '''AASHTO:''' American Association of State Hwy &amp; Transportation Officials<br /> <br /> '''AADT:''' Annual Average Daily Traffic. (ADT, Average Daily Traffic, is also commonly used.)<br /> <br /> '''ACHP:''' Advisory Council on Historic Preservation<br /> <br /> '''Agreement:''' The legal document between agencies necessary to administer projects.<br /> <br /> '''AISC:''' American Institute of Steel Construction<br /> <br /> '''Allocation:''' The reservation of federal funds to the local agencies each year. <br /> <br /> '''APE:''' Area of Potential Effects<br /> <br /> '''AREMA:''' American Railway Engineering and Maintenance-of-Way Association. <br /> <br /> '''Authorization:''' Approval by FHWA to incur future costs relative to a project. <br /> <br /> '''BMP:''' Best Management Practive<br /> <br /> '''BRM:''' On-System Bridge Replacement and Rehabilitation Program. <br /> <br /> '''BRO:''' Off-System Bridge Replacement and Rehabilitation Program. <br /> <br /> '''Brooks Act:''' Consultant contracts for engineering and design related services financed with Federal-Aid highway funds must result from negotiations which utilize [[:Category:134 Engineering Professional Services#134.1 Introduction|qualifications-based selection procedures]]. Qualifications based procedures do not allow for price to be used as a factor in the selection process. <br /> <br /> '''Categorical Exclusion (CE):''' Projects that are minor enough in nature that they will not require preparation of a formal environmental statement.<br /> <br /> '''CE:''' Construction Engineering<br /> <br /> '''CE2:''' Categorical Exclusion II<br /> <br /> '''CERCLIS:''' Comprehensive Environmental Response, Compensation, and Liability Information System<br /> <br /> '''CFR:''' Code of Federal Regulations<br /> <br /> '''Change Order:''' A supplement to the contract that provides authority to pay for revisions in quantities or authorize changes to design features or specifications.<br /> <br /> '''CMAQ:''' Congestion Mitigation and Air Quality <br /> <br /> '''COE:''' U.S. Army Corps of Engineers <br /> <br /> '''Commission:''' Missouri Highway and Transportation Commission. <br /> <br /> '''Competitive Bidding:''' Construction projects are required to be advertised and awarded to the lowest responsible and responsive bidder through open competitive bidding, unless use of an eligible force account is more cost effective. <br /> <br /> '''Construction Engineering (CE):''' Construction inspection engineering <br /> <br /> '''Council:''' Advisory Council on Historic Preservation<br /> <br /> '''County Aid Road Trust (CART) Funding:''' CART Funds are apportioned to counties on the basis of two factors : 1) one-half of the funds are credited to the county based on the ratio that its road mileage bears to the total county road mileage in the unincorporated areas of the state, and 2) one-half is credited to the county based on the ratio that its rural land valuation bears to the rural land valuation of the entire state.<br /> <br /> '''Credit Bridge:''' Bridge constructed to BRO standards with local funds, 80% of the cost may be applied to a normal federally funded bridge project in lieu of the 20% local match. <br /> <br /> '''Cultural Resources:''' A cultural resource is any archaeological site, building, structure (e.g., bridge), district, or object. A historically significant cultural resource is one that meets certain criteria and is included in, or eligible for inclusion on, the National Register of Historic Places (NRHP) and is termed a historic property or historic resource. Not all cultural resources are historically significant, but potential project impacts to all must be considered.<br /> <br /> '''DBA:''' Decibel Adjusted<br /> <br /> '''DBE:''' Disadvantage (or Disadvantaged) Business Enterprise<br /> <br /> '''Debarred:''' Suspended from entering into a contract with the Government<br /> <br /> '''Deficient Structure:''' A bridge which is either structurally deficient or functionally obsolete. <br /> <br /> '''DEIS:''' Draft Environmental Impact Statement<br /> <br /> '''Design Standards:''' Projects on the National Highway System (NHS) must be designed with AASHTO and/or FHWA approved standards. It is recommended that all projects follow AASHTO guidelines for design and construction. <br /> <br /> '''DNR:''' Missouri Department of Natural Resources <br /> <br /> '''DOI:''' U.S. Department of Interior <br /> <br /> '''Donations:''' “Donations” and “Contributions” are costs incurred for eligible non-federal share project activities that are necessary for the implementation of a project and are provided by a third party to an LPA without charge. <br /> <br /> '''EA:''' Environmental Assessment<br /> <br /> '''EEO:''' Equal Employment Opportunity <br /> <br /> '''EIS:''' Environmental Impact Statement<br /> <br /> '''EO:''' Executive Order<br /> <br /> '''EPA:''' Environmental Protection Agency<br /> <br /> '''EPG:''' [https://epg.modot.org/index.php?title=Main_Page Engineering Policy Guide]<br /> <br /> '''FEIS:''' Final Environmental Impact Statement<br /> <br /> '''FEMA:''' Federal Emergency Management Agency<br /> <br /> '''FHWA:''' Federal Highway Administration<br /> <br /> '''FONSI:''' Finding of No Significant Impact <br /> <br /> '''Force Account Work:''' Work that arises unexpectedly during the construction of a project. The work can be performed by a contractor, a subcontractor or the local agency's forces and the cost is determined by keeping track of the labor forces, equipment, material and associated costs used to complete the unexpected work. <br /> <br /> '''FPPA:''' Farmland Protection Policy Act<br /> <br /> '''Functionally Obsolete:''' A bridge is generally considered functionally obsolete if it is unable to properly accommodate traffic due to poor roadway alignment, waterway, insufficient width, waterway, low structural evaluation, or inadequate clearances. For a more detailed description of the specific criteria used to determine this item, refer to [[:Category:753 Bridge Inspection Rating|EPG 753 Bridge Inspection Rating]] or the appropriate FHWA publication. <br /> <br /> '''FWS:''' U.S. Fish and Wildlife Service <br /> <br /> '''HABS:''' Historic American Building Survey <br /> <br /> '''HAER:''' Historic American Engineering Record <br /> <br /> '''Hazardous Waste:''' [[127.8 Hazardous and Solid Waste|Hazardous waste]] is a material that could cause harm to people or the environment; it can include solid materials, liquids, and gases. Some examples could be gas station releases, drums or containers of known or unknown material, tanks, old dumps, and e-waste. Any container with unknown contents should be considered hazardous until identified by a qualified person. If there is a question about what might be hazardous, contact the Missouri Department of Natural Resources Environmental Emergency Response Unit at 573-634-2436 for assistance with identification. <br /> <br /> '''HBP:''' Highway Bridge Program. <br /> <br /> '''Historic Property:''' A historic property is a cultural resource that meets at least one of the following criteria: a) it is associated with events that have made a significant contribution to our history; b) it is associated with significant persons in our past; c) it has high artistic value, is the work of a master craftsman, or embodies distinctive characteristics of a type, period, or method of construction; or d) it can answer specific research questions and topics or can contribute to our current state of knowledge. Historic properties typically must be at least 50 years of age or older but exceptionally important properties can be less than 50 years old. <br /> <br /> '''Historic Resource:''' A historic resource is a cultural resource that meets at least one of the following criteria: a) it is associated with events that have made a significant contribution to our history; b) it is associated with significant persons in our past; c) it has high artistic value, is the work of a master craftsman, or embodies distinctive characteristics of a type, period, or method of construction; or d) it can answer specific research questions and topics or can contribute to our current state of knowledge. Historic resources typically must be at least 50 years of age or older but exceptionally important resources can be less than 50 years old. <br /> <br /> '''HMGP:''' Hazard Mitigation Grant Program<br /> <br /> '''HUD:''' U.S. Department of Housing and Urban Development <br /> <br /> '''Independent Assurance Test:''' A test performed independently of a job control test and according to the [[:Category:123 Federal-Aid Highway Program#123.3.1 Independent Assurance Samples and Tests (IAS) System Based|guide schedule]]. <br /> <br /> '''In Kind Services:''' Donated labor, equipment or material. <br /> <br /> '''ISTEA:''' Intermodal Surface Transportation Efficiency Act. Six year Highway Act from October 1, 1991 to September 30, 1997. <br /> <br /> '''Job Control Test:''' Routine test performed on the site by the local agency or its representative to assure that the project is constructed in compliance with the applicable specifications.<br /> <br /> '''Keeper:''' Keeper of the National Register of Historic Places<br /> <br /> '''LFD:''' Load Factor Design<br /> <br /> '''Low Water Bridge:''' A bridge having a waterway capacity design less than the 10 year frequency discharge. <br /> <br /> '''Low Water Crossing:''' Waterway crossing other than a bridge where construction improvements have been made to produce a firm surface for vehicles to travel. <br /> <br /> '''LPA:''' Local Public Agency<br /> <br /> '''LRFD:''' Load and Resistance Factor Design<br /> <br /> '''LRFR:''' Load and Resistance Factor Rating<br /> <br /> '''LUST:''' Leaking petroleum underground storage tank<br /> <br /> '''LWCF:''' Land and Water Conservation Fund<br /> <br /> '''LWCFA:''' Land and Water Conservation Fund Act<br /> <br /> '''MAP-21:''' Moving Ahead for Progress in the 21&lt;sup&gt;st&lt;/sup&gt; Century. Two-year Highway Act from October 1, 2012 to September 30, 2014. <br /> <br /> '''MDC:''' Missouri Department of Conservation<br /> <br /> '''MHTC:''' Missouri Highway and Transportation Commission <br /> <br /> '''MoDOT:''' Missouri Department of Transportation<br /> <br /> '''MOA:''' Memorandum of Agreement <br /> <br /> '''Materials Certification:''' Statements provided by the contractor, fabricator, or manufacturer that certain materials comply with the requirements of the contract. <br /> <br /> '''[http://www.modot.mo.gov/business/standards_and_specs/standardplans.htm Missouri Standard Plans]:''' Construction detail plans available from MoDOT which meet AASHTO design requirements. <br /> <br /> '''[http://www.modot.mo.gov/business/standards_and_specs/highwayspecs.htm Missouri Standard Specifications for Highway Construction, 2004 Edition]:''' The directions, provisions and requirements for the performance of the work for the quantity, quality and proportion of materials. <br /> <br /> '''MPO:''' Metropolitan Planning Organizations carry out the transportation planning process for communities with a population greater than 50,000. <br /> <br /> '''MUTCD:''' ''Manual on Uniform Traffic Control Devices ''<br /> <br /> '''National Register:''' National Register of Historic Places<br /> <br /> '''NBI:''' National Bridge Inventory <br /> <br /> '''NEPA:''' National Environmental Policy Act <br /> <br /> '''NFIB:''' Nation Flood Insurance Program<br /> <br /> '''NFIP:''' National Flood Insurance Program<br /> <br /> '''NHPA:''' National Historic Preservation Act <br /> <br /> '''NOA:''' Notice of Availability<br /> <br /> '''NPDES:''' National Pollutant Discharge Elimination System<br /> <br /> '''NRCS:''' Natural Resources Conservation Service<br /> <br /> '''NRHP:''' National Register of Historic Places<br /> <br /> '''NWP:''' Nationwide Section 404 Permit<br /> <br /> '''Obligation Limitation:''' Limits the amount of federal funds that may be obligated during a certain time period (also called Obligation Authority and Contract Control). <br /> <br /> '''Obligation of Funds:''' The formal commitment by FHWA to participate in a share of the project costs. <br /> <br /> '''Off-System Routes:''' Routes that have a functional classification of rural local, local road or street, or a rural minor collector. <br /> <br /> '''On-System Routes:''' Routes that have a functional classification of urban collector, rural major collector, rural or urban arterial, or an expressway. <br /> <br /> '''PA:''' Programmatic Agreement<br /> <br /> '''PDEIS:''' Preliminary Draft Environmental Impact Statement<br /> <br /> '''PE:''' Preliminary Engineering. All engineering work performed by the local agency or their consultant prior to award of contract. <br /> <br /> '''PEA:''' Preliminary Environmental Assessment<br /> <br /> '''PFEIS:''' Preliminary Final Environmental Impact Statement<br /> <br /> '''PS&amp;E:''' Construction plans, specifications, and quantity estimates. <br /> <br /> '''Posting:''' Establishment of a maximum weight limit for vehicles using the bridge. <br /> <br /> '''Pro Rata Share:''' The legal federal share for a project established at the time of project approval. Pro rata share is typically expressed as a percentage of the total participating costs of the project. <br /> <br /> '''Public Interest Finding:''' Cost effective justification that must be provided to MoDOT by a local agency that is seeking to do a federally funded project with its own forces. <br /> <br /> '''QBS:''' Qualifications Based Selection<br /> <br /> '''RCG:''' Recording and Coding Guide for the structure inventory and appraisal of the nations bridges<br /> <br /> '''Rehabilitation:''' Work required to eliminate the items that cause a bridge to be identified as deficient. <br /> <br /> '''Reimbursement:''' Payment of federal funds to a local agency.<br /> <br /> '''RER:''' Request for Environmental Review <br /> <br /> '''Responsible Person in Charge:'''<br /> <br /> '''RFP:''' Request for Proposal <br /> <br /> '''RFQ:''' Request for Qualifications<br /> <br /> '''ROD:''' Record of Decision<br /> <br /> '''RSMO:''' Revised Missouri State Statue<br /> <br /> '''SAFETEA-LU:''' Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. Five-year Highway Act from October 1, 2004 to September 30, 2009 with two one-year extensions to September 30, 2012. <br /> <br /> '''Section 106:''' Section 106 of the National Historic Preservation Act of 1966 - the primary legislation that requires cultural resource investigations. Any project using federal funds or needing federal permits must comply with the Section 106 requirements. The Section 106 process consists of three primary stages, with the outcome of each stage determining whether the activities of the next stage are necessary (36 CFR Part 800)<br /> <br /> '''Section 401:''' Water Quality Certification<br /> <br /> '''Section 404/Wetlands:''' A project may involve activities in an area that contains wetland or waters of the United States and may require a Section 404 permit from the U.S. Army Corps of Engineers. It is a violation of federal law to place fill in waters of the U.S. or wetlands without the necessary permits. <br /> <br /> '''Section 4(f):''' Section 4(f) of the Department of Transportation Act of 1966 – provides protection for public parks and recreation areas, wildlife and waterfowl refuges and significant historic sites on publicly owned land. It requires demonstrating that there is no feasible and prudent alternative to the use of the property and that all is possible planning has been done to minimize harm to the property. <br /> <br /> '''Section 6(f) of the Land and Water Conservation Fund:''' A project that has potential involvement with parks or other public lands which may have been purchased or improved using funds from the Land and Water Conservation Fund (LWCF).<br /> <br /> '''S.E.M.A.:''' The State Emergency Management Agency has responsibility for coordinating state agencies' response to disasters. <br /> <br /> '''SHPO:''' State Historic Preservation Officer <br /> <br /> '''SI&amp;A:''' Structure Inventory and Appraisal Sheet<br /> <br /> '''SIP:''' State Implementation Plan<br /> <br /> '''Soft Match:''' Credit earned by counties who replace their deficient bridges with local funding. It can be used in lieu of the 20% local match on bridge projects.<br /> <br /> '''SOQ:''' Statement of Qualifications<br /> <br /> '''Sponsor:''' The local government or public agency responsible for providing matching funds for the proposed project. <br /> <br /> '''SRTS:''' Safe Routes to Schools <br /> <br /> '''STIP:''' Statewide Transportation Improvement Program <br /> <br /> '''STP:''' Surface Transportation Program <br /> <br /> '''Structurally Deficient:''' A bridge is generally considered to be structurally deficient if it is in relatively poor condition, or has insufficient load carrying capacity for modern design loadings. The insufficient load capacity may be the result of the loads used in the original design or degradation of structural properties due to deterioration. For a more detailed description of the specific criteria used to determine this item, [[:Category:753 Bridge Inspection Rating|EPG 753 Bridge Inspection Rating]] or appropriate FHWA publications should be consulted. <br /> <br /> '''Sufficiency Rating:''' A numerical rating of a bridge based on its structural adequacy, safety, serviceability, functional obsolescence and essentially for public use. <br /> <br /> '''TAP:''' Transportation Alternatives Program<br /> <br /> '''TEA21:''' Transportation Equity Act for the 21st Century. Six-year Highway Act from October 1, 1997 to September 30, 2003 with a one-year extension to September 30, 2004. <br /> <br /> '''TIFF:''' Tagged Image File Format<br /> <br /> '''TIP:''' Transportation Improvement Program <br /> <br /> '''Title 23 U.S.C.:''' Title 23 of the United States Code contains most of the laws governing the Federal-Aid Highway Program. <br /> <br /> '''TNM:''' Traffic Noise Model<br /> <br /> '''UPARR:''' Urban Park and Recreation Recovery<br /> <br /> '''USC:''' United States Code<br /> <br /> '''USDA:''' United States Department of Agriculture<br /> <br /> '''USGS:''' United States Geological Survey <br /> <br /> '''UST:''' Petroleum Underground storage tank site<br /> <br /> '''WBE:''' Women Business Enterprise. Term not in current usage. Definition of Disadvantaged Business Enterprise includes WBEs. <br /> <br /> '''Work by Local Forces:''' Construction performed by the local agency's work force. If the local agency elects to perform work with its own forces, and/or use their own materials and equipment, MoDOT and FHWA must approve all work being done. The work by local forces must be in the public interest and shown to be cost effective. See [[136.3 Federal Aid Basics#136.3.12 Federal-aid Participation for Local Work|EPG 136.3.12 Federal-aid Participation for Local Work]] for more details.<br /> <br /> '''23 CFR:''' Title 23 of the Code of Federal Regulations is a collection (updated annually) of the general and permanent rules and regulations required to implement the provisions of federal law relating to the National Highway Traffic Safety Administration and Federal Highway Administration.<br /> <br /> ==136.12.3 Helpful Information and Links==<br /> <br /> Please use the [http://www3.modot.mo.gov/FEDAID.nsf/LPA?OpenForm LPA Manual Change Request Form] to request manual changes throughout the year or the [http://www3.modot.mo.gov/FEDAID.nsf/Comments?OpenForm Revisions Comments Form] to make comments on proposed revisions. <br /> <br /> ===136.12.3.1 MoDOT District and Central Office Information===<br /> {|style=&quot;padding: 0.3em; margin-right:5px; border:2px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;470px&quot; align=&quot;center&quot; <br /> |-<br /> !align=&quot;center&quot;|[http://www.modot.mo.gov/northwest/ NW District] !!align=&quot;center&quot;|[http://www.modot.mo.gov/northeast/ NE District]!!align=&quot;center&quot;|[http://www.modot.mo.gov/kansascity/ Kansas City District] !!align=&quot;center&quot;|[http://www.modot.mo.gov/central/ Central District]<br /> |-<br /> |align=&quot;center&quot;|St. Joseph ||align=&quot;center&quot;| Hannibal ||align=&quot;center&quot;|Lee's Summit ||align=&quot;center&quot;| Jefferson City <br /> |-<br /> !align=&quot;center&quot;|[http://www.modot.mo.gov/stlouis/ St. Louis District] !!align=&quot;center&quot;|[http://www.modot.mo.gov/southwest/ SW District]!!align=&quot;center&quot;|[http://www.modot.mo.gov/southeast/ SE District] !!align=&quot;center&quot;|<br /> |-<br /> |align=&quot;center&quot;|Chesterfield|| align=&quot;center&quot;|Springfield||align=&quot;center&quot;|Sikeston ||align=&quot;center&quot;|<br /> |-<br /> !align=&quot;center&quot; colspan=&quot;4&quot;|Central Office<br /> |-<br /> |colspan=&quot;2&quot; align=&quot;center&quot;|MoDOT – Financial Services (FS)||colspan=&quot;2&quot; align=&quot;center&quot;|MoDOT - Design (DE)<br /> |-<br /> |colspan=&quot;2&quot; align=&quot;center&quot;|P.O. Box 270||colspan=&quot;2&quot; align=&quot;center&quot;|P.O. Box 270<br /> |-<br /> |colspan=&quot;2&quot; align=&quot;center&quot;|Jefferson City, MO 65102||colspan=&quot;2&quot; align=&quot;center&quot;|Jefferson City, MO 65102<br /> |-<br /> |colspan=&quot;2&quot; align=&quot;center&quot;|(573) 526-8106; Fax: (573) 526-2819||colspan=&quot;2&quot; align=&quot;center&quot;|(573) 751-2876; Fax: (573) 526-3261<br /> |-<br /> !colspan=&quot;4&quot; align=&quot;center&quot;|&lt;sup&gt;__________________&lt;/sup&gt;<br /> |-<br /> !colspan=&quot;4&quot; align=&quot;center&quot;|[http://www.modot.mo.gov/plansandprojects/long-range_plan/ListofMissouriMPOs.htm METROPOLITAN PLANNING ORGANIZATIONS]<br /> |-<br /> !colspan=&quot;4&quot; align=&quot;center&quot;|&lt;sup&gt;__________________&lt;/sup&gt;<br /> |-<br /> !colspan=&quot;4&quot; align=&quot;center&quot;|OTHER REGULATORY AGENCIES<br /> |-<br /> !colspan=&quot;2&quot; align=&quot;center&quot;|State Historic Preservation Office!!colspan=&quot;2&quot; align=&quot;center&quot;|Charles Scott<br /> |-<br /> |colspan=&quot;2&quot;| MO Dept. of Natural Resources||colspan=&quot;2&quot; | Field Supervisor<br /> |-<br /> |colspan=&quot;2&quot; |P.O. Box 176 ||colspan=&quot;2&quot;| Columbia Field Office<br /> |-<br /> |colspan=&quot;2&quot; |Jefferson City, MO 65102 ||colspan=&quot;2&quot;| U.S. Fish and Wildlife Service<br /> |-<br /> |colspan=&quot;2&quot; |Phone (573) 751-2479 ||colspan=&quot;2&quot; |101 Park DeVille Drive, Suite A<br /> |-<br /> |colspan=&quot;2&quot;| ||colspan=&quot;2&quot;|Columbia, MO 65203-0007<br /> |-<br /> |colspan=&quot;2&quot;| ||colspan=&quot;2&quot;|Phone (573) 234-2132<br /> |-<br /> !align=&quot;center&quot; colspan=&quot;2&quot;|Policy and Coordination Division!!align=&quot;center&quot; colspan=&quot;2&quot;|Kevin Ward<br /> |-<br /> |colspan=&quot;2&quot;|MO Dept. of Conservation ||colspan=&quot;2&quot;|Federal Highway Administration<br /> |-<br /> |colspan=&quot;2&quot;|P.O. Box 180 ||colspan=&quot;2&quot;|3220 W. Edgewood, Suite H<br /> |-<br /> |colspan=&quot;2&quot;|Jefferson City, MO 65102-0180||colspan=&quot;2&quot;| Jefferson City, MO 65109<br /> |-<br /> |colspan=&quot;2&quot;|Phone (573) 751-4115||colspan=&quot;2&quot;| Phone (573) 636-7104<br /> |-<br /> !colspan=&quot;4&quot; align=&quot;center&quot;|&lt;sup&gt;__________________&lt;/sup&gt;<br /> |-<br /> !align=&quot;center&quot; colspan=&quot;4&quot;|CORPS OF ENGINEER'S OFFICE<br /> |-<br /> |align=&quot;center&quot; colspan=&quot;4&quot;|(Contact MoDOT district office if clarification is needed for which Corp Office has jurisdiction)<br /> |-<br /> !colspan=&quot;2&quot;|Commanding Officer !!colspan=&quot;2&quot;|Commanding Officer<br /> |-<br /> |colspan=&quot;2&quot;|Department of the Army ||colspan=&quot;2&quot;|U.S. Army Corps of Engineers<br /> |-<br /> |colspan=&quot;2&quot;|Little Rock Dist., Corps of Engineers ||colspan=&quot;2&quot;|Kansas City District<br /> |-<br /> |colspan=&quot;2&quot;|P.O. Box 867 ||colspan=&quot;2&quot;|700 Federal Office Building<br /> |-<br /> |colspan=&quot;2&quot;|Little Rock, AR 72203-0867 ||colspan=&quot;2&quot;|601 East 12th Street<br /> |-<br /> |colspan=&quot;2&quot;|Phone (501) 324-5531|| colspan=&quot;2&quot;|Kansas City, MO 64106<br /> |-<br /> |colspan=&quot;2&quot;| ||colspan=&quot;2&quot;|Phone (816) 426-5241<br /> |-<br /> !colspan=&quot;2&quot;|Commanding Officer !!colspan=&quot;2&quot;|Commanding Officer<br /> |-<br /> |colspan=&quot;2&quot;|Department of the Army ||colspan=&quot;2&quot;|Department of the Army<br /> |-<br /> |colspan=&quot;2&quot;|Rock Island Dist., Corps of Engineers||colspan=&quot;2&quot;| Memphis Dist., Corps of Engineers<br /> |-<br /> |colspan=&quot;2&quot;|P.O. Box 2004 ||colspan=&quot;2&quot;|167 North Main Street, Room B202<br /> |-<br /> |colspan=&quot;2&quot;|Rock Island, IL 61204-2004 ||colspan=&quot;2&quot;|Memphis, TN 38103-1894<br /> |-<br /> |colspan=&quot;2&quot;|Phone (309) 788-6361 ||colspan=&quot;2&quot;|Phone (901) 544-3005<br /> |-<br /> !colspan=&quot;2&quot;|Commanding Officer!!colspan=&quot;2&quot;|<br /> |-<br /> |colspan=&quot;2&quot;|U.S. Army Corps of Engineers||colspan=&quot;2&quot;|<br /> |-<br /> |colspan=&quot;2&quot;|St. Louis District||colspan=&quot;2&quot;|<br /> |-<br /> |colspan=&quot;2&quot;|1222 Spruce Street||colspan=&quot;2&quot;|<br /> |-<br /> |colspan=&quot;2&quot;|St. Louis, MO 63103-2833||colspan=&quot;2&quot;|<br /> |-<br /> |colspan=&quot;2&quot;|Phone (314) 331-8000||colspan=&quot;2&quot;|<br /> |}<br /> <br /> ===136.12.3.2 Other Helpful Information===<br /> <br /> * [http://www.modot.mo.gov/safety/SafeRoutestoSchool.htm Safe Routes To School (SRTS)]<br /> <br /> * [http://www.modot.mo.gov/scenicbyways/index.htm Scenic Byways]<br /> <br /> * [https://www.modot.org/about-lpacontact-us MoDOT District Contacts for LPA]<br /> <br /> * [http://www.modot.mo.gov/safety/trafficvolumemaps.htm AADT on MoDOT Routes]<br /> <br /> * [http://www.modot.mo.gov/business/contractor_resources/External_Civil_Rights/DBE_program.htm DBE Directory] <br /> <br /> ====136.12.3.2.1 Commonly Used Forms====<br /> <br /> [[media:136.14.2.1 Bridge Inventory Survey Form.xls|Bridge Inventory Survey Form]]<br /> <br /> [http://www.modot.mo.gov/business/manuals/FFATA.htm Form 1590, Federal Funding Accountability and Transparency Act (FFATA)]<br /> <br /> [http://www.modot.mo.gov/business/contractor_resources/External_Civil_Rights/jobtraining.htm On the Job Training Manual and Submittal Forms]<br /> <br /> [http://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf FHWA Form 1273 Required Contract Provisions] <br /> <br /> [[media:136.14.2.1 Utility Agreement Actual Cost 2016.doc|Utility Agreement - Actual Cost]] <br /> <br /> [[media:136.14.2.1 Utility Agreement Lump Sum 2016.doc|Utility Agreement - Lump Sum]] <br /> <br /> [[media:136.14.2.1 Notice to Proceed.doc|Notice to Proceed]] <br /> <br /> [[media:136.14.2.1 Force Account Record Equipment and Material.doc|Daily Force Account Record-Equipment Rental Account/Materials Account]] <br /> <br /> [[media:136.14.2.1 Force Account Record Labor.doc|Daily Force Account Record-Labor Account]] <br /> <br /> [[media:136.14.2.1 Force Account Record Cost Summary.doc|Force Account Record - Cost Summary]] <br /> <br /> [[media:136.14.2.1 Sample Timesheet.xls|Sample Timesheet]]<br /> <br /> [[media:136.14.2.1 Construction Safety Program.pdf|Construction Contract Calls for Bid]]<br /> <br /> [[media:136.14.2.1 Awarded Construction Contracts.pdf|Awarded Construction Contracts]]<br /> <br /> [[media:136.14.2.1 Local Project Checklist.pdf|Local Project Checklist]]<br /> <br /> [[media:136.12.3.3.1 Obligation Request Form Apr 2015.docx|Obligation Request Form]]<br /> <br /> ====136.12.3.2.2 Examples of Completed Forms====<br /> <br /> [[media:136.14.2.2 Form CE2.doc|Form CE-2 Example]] <br /> <br /> [[media:643.2 Lump Sum Estimate.doc|Utility Lump Sum Estimate Example]] <br /> <br /> [[media:643.2 Actual Cost Estimate.doc|Utility Actual Cost Estimate Example]]<br /> <br /> [[media:136.14.2.2 Utilites Status Letter.pdf|Sample Utilities Status Letter]] <br /> <br /> [[media:136.14.2.2 Sample JSP for Utilities.pdf|Sample Job Special Provisions for Utilities]] <br /> <br /> [[media:136.14.2.2 Bridge Slab Pour Checklist.pdf|Bridge Slab Pour Checklist &amp; Pre-Pour Meeting Topics]]<br /> <br /> ===136.12.3.3 Links to Other Resources===<br /> <br /> * [[:Category:242 Optional and Alternate Pavement Designs|EPG 242 Optional and Alternate Pavement Designs]]<br /> <br /> * Equal Employment Opportunity Requirements ([http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&amp;sid=3275bea9e2d87163209535159a10234d&amp;rgn=div5&amp;view=text&amp;node=41:1.2.3.1.1&amp;idno=41 41 CFR 60.1] and [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&amp;sid=3275bea9e2d87163209535159a10234d&amp;rgn=div5&amp;view=text&amp;node=41:1.2.3.1.2&amp;idno=41 41 CFR 60.2]) <br /> <br /> * [http://www.fhwa.dot.gov/ Federal Highway Administration]<br /> <br /> * [http://www.fhwa.dot.gov/legsregs/directives/cfr23toc.htm Code of Federal Regulations 23 Highways]<br /> <br /> * [http://www.fhwa.dot.gov/reports/utilguid/ Program Guide - Utility Adjustments and Accommodations on Federal-Aid Highway Projects]<br /> <br /> * [http://www.usace.army.mil/Pages/Default.aspx US Army Corps of Engineers]<br /> <br /> * Americans with Disabilities Act Access Guidelines (ADAAG):<br /> <br /> :: [http://www.access-board.gov/ The United States Access Board]<br /> <br /> :: [http://www.access-board.gov/guidelines-and-standards Access Board’s Guidelines and Standards]<br /> <br /> :: [http://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-ada-standards/ada-standards Access Board’s ADA standards page]<br /> <br /> :: [http://www.access-board.gov/guidelines-and-standards/streets-sidewalks Access Board’s Streets and Sidewalks]<br /> <br /> :: [http://www.access-board.gov/guidelines-and-standards/streets-sidewalks/public-rights-of-way/background Access Board’s Background on the Public Rights-of-Way Rulemaking]<br /> <br /> :: [http://www.access-board.gov/guidelines-and-standards/streets-sidewalks/public-rights-of-way Access Board’s Public Rights-of-Way]<br /> <br /> :: [http://www.access-board.gov/guidelines-and-standards/streets-sidewalks/public-rights-of-way/proposed-rights-of-way-guidelines Access Board’s Proposed Guidelines (2011)]<br /> <br /> :: [http://www.access-board.gov/guidelines-and-standards/streets-sidewalks/public-rights-of-way/background/revised-draft-guidelines Access Board’s PROWAG (2005)]<br /> <br /> :: [http://www.access-board.gov/guidelines-and-standards/streets-sidewalks/public-rights-of-way/guidance-and-research Access Board’s Guidance and Research]<br /> <br /> :: [http://www.access-board.gov/guidelines-and-standards/streets-sidewalks/public-rights-of-way/other-prow-resources Access Board’s Public Righs-of-Way Resources]<br /> <br /> ::[http://www.mutcd.fhwa.dot.gov/ Manual on Uniform traffic Control Devices - signals]<br /> <br /> ::[http://www.fhwa.dot.gov/environment/sidewalks/index.htm FHWA – Designing Sidewalks and Trails for Access, Part I]<br /> <br /> ::[http://www.fhwa.dot.gov/environment/sidewalk2/index.htm Part II]<br /> <br /> ::[http://www.modot.org/othertransportation/bike_ped/Bikepedintro.htm MoDOT Bike/Ped webpage] <br /> <br /> ::[http://www.modot.mo.gov/business/standards_and_specs/documents/60810.pdf MoDOT Standard Plan 608.10] <br /> <br /> ::[http://www.modot.org/business/standards_and_specs/Online%20Standard%20Plans/60850.pdf MoDOT Standard Plan 608.50]<br /> <br /> ::[http://www.modot.mo.gov/business/standards_and_specs/documents/ConcreteSidewkCurbRamps1.pdf MoDOT Special Sheet, Concrete Curb Ramps]<br /> <br /> *[http://www.wdol.gov/dba.aspx#0 Federal Wage Rates]<br /> <br /> *[http://www.fhwa.dot.gov/programadmin/contracts/index.cfm FHWA's Construction webpage]<br /> <br /> *[http://www.modot.mo.gov/business/standards_and_specs/highwayspecs.htm Missouri Standard Specifications for Highway Construction]<br /> <br /> *[https://labor.mo.gov/prevailing-wage State Wage Rates for Local Agency Projects]<br /> <br /> *[http://labor.mo.gov/DLS/PrevailingWage/gwo State Wage Rates for MoDOT Projects]<br /> <br /> *[http://www.enhancements.org/ National Transportation Enhancement Clearinghouse]<br /> <br /> *[http://moltap.org/ Missouri LTAP, Local Technical Assistance Program]<br /> <br /> *[http://www.fhwa.dot.gov/federalaid/projects.cfm Guide to Federal-Aid Programs and Projects]<br /> <br /> *[http://www.fhwa.dot.gov/reports/financingfederalaid/ Financing Federal-Aid Highways]<br /> <br /> ===136.12.3.4 Recent Changes to LPA Policy===<br /> <br /> This information has been moved to [[136.13 LPA Policy Changes|EPG 136.13 LPA Policy Changes]].<br /> <br /> <br /> <br /> [[Category:136 Local Public Agency (LPA) Policy|136.12]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management&diff=52122 2022-12-19T18:13:07Z

<p>Hallej1: </p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:1px; border:2px solid #a9a9a9; text-align:left; font-size: 95%; background:#f5f5f5&quot; width=&quot;360px&quot; align=&quot;right&quot; <br /> |-<br /> |colspan=&quot;2&quot;|&lt;center&gt;'''Figures'''&lt;/center&gt;<br /> |-<br /> |[[media:Fig. 136.4.1 May 2016.docx|Fig. 136.4.1, Engineering Services Contract ]]<br /> |-<br /> |[[media:Fig._136.4.2_2022.doc|Fig. 136.4.2, Consultant Selection Criteria]]<br /> |-<br /> |[[media:134.3.2 2021.pdf|Fig. 136.4.3/134.3.2, Allowable Profit Curve as a % of Direct Salary Costs]]<br /> |-<br /> |[[media:Fig. 136.4.4.doc|Fig. 136.4.4, Supplemental Agreement to Engineering Services contract]]<br /> |-<br /> |[[media:136.4.5.doc|Fig. 136.4.5, Consultant Performance Appraisal Form]]<br /> |-<br /> |[[media:136.4.6.docx|Fig. 136.4.6, Common Unallowable Costs]]<br /> |-<br /> |[[media:136.4.7 2020.docx|Fig. 136.4.7, Sample Solicitation &amp; Sample Scope of Services]]<br /> |-<br /> |[[media:136.4.9 Sept 2013.doc|Fig. 136.4.9, Local Sponsor ESC Sample Cover Letter]]<br /> |-<br /> |[[media:136.4.10_2022_LPA_Invoice.xlsx|Fig. 136.4.10, LPA Consultant Services Invoice]]<br /> |-<br /> |[[media:136.4.11 2019.docx|Fig. 136.4.11, Consultant Selection &amp; ESC Submittal Checklist]]<br /> |-<br /> |[[media:Fig. 136.4.12.pdf|Fig. 136.4.12, QBS Process Flowchart]]<br /> |-<br /> |[[media:136.4.13.doc|Fig. 136.4.13, Consultant Services Q&amp;A]]<br /> |-<br /> |[[media:Fig. 136.4.14 Aug 2013.doc|Fig. 136.4.14, Checklist for reviewing Consultant Contracts]]<br /> |-<br /> |[[media:136.4.15 2014.doc|Fig. 136.4.15, Conflict of Interest Disclosure Form]]<br /> |-<br /> |[[media:136.4.16.pdf|Fig. 136.4.16, Overhead Schedule Example]]<br /> |-<br /> |[[media:136.4.17 Dec 2012.xlsx|Fig. 136.4.17, Example of an Engineering Services Invoice]] <br /> |-<br /> |[[media:136.4.18 Sept 5, 2012.docx|Fig. 136.4.18, Checklist for Engineering Services Invoice]]<br /> |-<br /> |[[media:136.4.19.docx|Fig. 136.4.19 LPA On-Call Consultant Evaluation]]<br /> |-<br /> ! &lt;center&gt;'''&quot;How To&quot; PowerPoint Tutorials'''&lt;/center&gt;<br /> |-<br /> |[[media:136.4.2.3 How to Complete the RFQ.ppt|How to Complete the RFQ and Get it Advertised]]<br /> |-<br /> |[[media:136.4 How to Evaluate 2013.ppt|How to Evaluate Consultant Proposals, Complete Rating Sheets and Make a Selection]]<br /> |-<br /> |&lt;center&gt;'''Federal-Aid Essential Videos'''&lt;/center&gt;<br /> |-<br /> |[http://www.fhwa.dot.gov/federal-aidessentials/catmod.cfm?id=14 Consultant Services Overview]<br /> |-<br /> |[http://www.fhwa.dot.gov/federal-aidessentials/catmod.cfm?id=7 Hiring a Consultant Using Competitive Negotiation Procedures]<br /> |-<br /> |[http://www.fhwa.dot.gov/federal-aidessentials/catmod.cfm?id=47 Organizational and Consultant Conflicts of Interest]<br /> |-<br /> !&lt;center&gt;'''Prequalification Processes'''&lt;/center&gt;<br /> |-<br /> |[http://www.modot.org/business/consultant_resources/standard_prequalification_process.htm Standard Prequalification Process] <br /> |-<br /> |[http://www.modot.org/business/consultant_resources/documents/StandardConsultantPrequalificationProcess.pdf How-To Tutorial for MoDOT's Consultant Standard Prequalification Process]<br /> |-<br /> |[http://www.modot.org/business/consultant_resources/documents/SAFEHARBORELIGIBILITYREQUIREMENTS_004.pdf Safe Harbor Indirect Cost Rate (SHR) Prequalification Process]<br /> |}<br /> <br /> ==136.4.1 Introduction==<br /> If the LPA (local public agency) is not adequately staffed to provide the necessary engineering, architectural, land surveying, right of way and related services (including utility negotiations), they may hire a consultant to provide professional services. Professional services are defined under the federal law, the Brooks Act, 40 USC 1102. Please note that Right of Way Acquisition and Negotiations are NOT defined as a professional service and therefore the Brooks Act does not apply to those services. For more information on Right of Way please refer to [[136.8 Local Public Agency Land Acquisition|EPG 136.8 Local Public Agency Land Acquisition]]. <br /> <br /> MoDOT has a website dedicated to the LPA Program. Please see [https://www.modot.org/consultant-information MoDOT’s Consultant Resources] for more LPA-Consultant information. <br /> <br /> ===136.4.1.1 Federal Law===<br /> The Brooks Act, [http://www.law.cornell.edu/uscode/text/40/subtitle-I 40 USC 1102], [https://www.law.cornell.edu/cfr/text/23/172.3 23 CFR 172.3] (Public Law 92-582, 1972) requires agencies to “promote open competition by advertising, ranking, selecting and negotiating contracts based on demonstrated competence and qualifications for the type of engineering and design services being procured, and at a fair and reasonable price.” &lt;u&gt;''This requirement applies to all projects that utilize Federal Aid Highway Program funds for engineering.''&lt;/u&gt; This is commonly referred to as Qualifications Based Selection or QBS, meaning a firm is chosen based on qualifications and not price.<br /> <br /> ===136.4.1.2 State Law===<br /> Commonly referred to as the “Mini-Brooks Act”, the State of Missouri, in [https://revisor.mo.gov/main/OneSection.aspx?section=8 sections 8.285 thru 8.291 RsMO], requires Qualification Based Selection (QBS) for all architectural, engineering and land surveying professional services and reflects the language contained in the federal legislation. &lt;u&gt;''This requirement applies to ALL projects in Missouri regardless if it contains federal funds or not.''&lt;/u&gt; Keep in mind that the Federal Laws supersede the State Laws if the project has federal funding.<br /> <br /> ===136.4.1.3 Funding===<br /> Consultant selection, including execution of the contract, is a process done BEFORE any federal dollars are obligated to the project. Therefore any dollars spent in this process are NOT eligible for federal reimbursement.<br /> <br /> In Missouri, the same consultant can be hired to perform Preliminary Engineering (PE) and Construction Engineering (CE) work. Please refer to [[136.3 Federal Aid Basics|EPG 136.3 Federal Aid Basics]] for more information on funding.<br /> <br /> ====136.4.1.3.1 Preliminary Engineering (PE)====<br /> PE charges are permitted through the construction contract award. Any engineering charges to the project after the construction contract award are considered construction engineering (CE) and will not be charged against the design portion of the project. If a modification is made to the plans during construction, all funding for this will be CE funds not PE funds.<br /> <br /> Right of way project cost estimates; title work, right of way plan development and legal description writing may be included in the same agreement with Design Services and are reimbursable as preliminary engineering (PE) expenses. All other eligible right of way acquisition activities cannot begin until the A-Date has been approved and the LPA has been notified, any acquisition activities that occur before the A-Date will not be eligible for reimbursement. See [[136.8 Local Public Agency Land Acquisition|EPG 136.8]] for more right of way information.<br /> <br /> ====136.4.1.3.2 Preliminary Engineering Activities by Local Forces====<br /> PE activities can be performed in-house by LPA staff. Please see [[136.3 Federal Aid Basics#136.3.12.3 Federal-aid Participation for In-House Services|EPG 136.3.12.3 Federal-aid Participation for In-House Services]] for more details. If the LPA is not requesting reimbursement for the in-house design services, they still must have the plans signed and sealed by a registered professional engineer in the state of Missouri. Keep in mind, however, if the design includes any right of way, temporary easements included, then the LPA must still follow the Uniform Act. Even if no federal dollars are utilized for PE or for right of way, the LPA must still follow the Uniform Act because federal dollars are utilized on at least one phase of the project. For more right of way information see [[136.8 Local Public Agency Land Acquisition|EPG 136.8 Local Public Agency Land Acquisition]].<br /> {|style=&quot;padding: 0.3em; margin-left:1px; border:2px solid #a9a9a9; text-align:left; font-size: 95%; background:#f5f5f5&quot; width=&quot;360px&quot; align=&quot;right&quot; <br /> |-<br /> |&lt;center&gt;'''Additional Information'''&lt;/center&gt;<br /> |-<br /> |&lt;center&gt;[[media:136.4.1.ppt|Construction Inspection]]&lt;/center&gt;<br /> |}<br /> <br /> ====136.4.1.3.3 Construction Engineering/Construction Inspection (CE)====<br /> Construction Engineering can be performed by a consultant or can be done as in-house services if the LPA is staffed to do so. If the CE is to be performed in-house please see [[136.3 Federal Aid Basics#136.3.12.3 Federal-aid Participation for In-House Services|EPG 136.3.12.3 Federal-aid Participation for In-House Services]] for more details.<br /> <br /> ===136.4.1.4 Responsible Person in Charge===<br /> The LPA is required to have a person of responsible charge for every project. The hired consultant cannot be the person of responsible charge. Please see [[136.1 Introduction|EPG 136.1]] for more information.<br /> <br /> ===136.4.1.5 Consultant Qualification===<br /> Effective January 1, 2013, all &lt;u&gt;prime consultants&lt;/u&gt; must be prequalified to perform engineering services on any project. To become prequalified the consultant will be required to do the following: <br /> <br /> :1. Statement of Qualifications (SOQ) on file with MoDOT <br /> <br /> :2. Registered to do business in Missouri (Certificate of Good Standing) and hold a certificate of authority with the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors and Professional Landscape Architects. (Note: A Certificate of Authority is not required for sole proprietorships or partnerships. It is only required if the firm is incorporated or registered as a limited liability company. For sole proprietorships and/or partnerships, individual professional license certificates must be submitted in lieu of the Certificate of Authority. In addition, the certificate of authority is not required for firms that do work outside the jurisdiction of the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors and Professional Landscape Architects.) <br /> :3. Have current E-Verify MOU and E-Verify Affidavit<br /> ::* E-Verify MOU – one time submittal<br /> ::* E-Verify Affidavit - yearly<br /> <br /> :4. Have current Annual Financial Prequalification with MoDOT<br /> <br /> ::* Step-by-step instruction for becoming prequalified and a list of pre-qualified consultants can be found on [http://www.modot.mo.gov/business/consultant_resources/consultant_home.htm MoDOT's Consultant Services webpage]. <br /> <br /> ::* This annual financial prequalification is good for one year.<br /> <br /> :5. Have taken the Federal Aid Basic Training Course (LPA Consultants ONLY, not required for MoDOT Consultants)<br /> ::* This course must be re-taken every 2 years.<br /> ::* A [http://www.modot.org/business/lpa/cert_train.htm list of available training courses can be found on the LPA website under Training]. For more information, refer to [[136.2 Certification and Training|EPG 136.2 Certification and Training]]. <br /> <br /> The prequalification process complies with AASHTO guidelines published in the [http://audit.transportation.org/Documents/UAAG-3%20FINAL.pdf ''Uniform Audit &amp; Accounting Guide, 2012 Edition'']. This prequalification process ensures that projects are in compliance with state and federal regulations. <br /> <br /> The prequalification is only required for prime consultants. Subconsultants are strongly encouraged to become prequalified in order to reduce repetitive paperwork for future projects. For more information on subconsultant requirements see [[#136.4.2.7.3 Subconsultants|EPG 136.4.2.7.3 Subconsultants]].<br /> <br /> For the prequalification requirements for MoDOT consultants, see [[:Category:134 Engineering Professional Services#134.1.3 Consultant Qualification|EPG 134.1.3 Consultant Qualification]].<br /> <br /> ===136.4.1.6 Conflict of Interest===<br /> A conflict of interest occurs when a consultant has a financial or personal interest in a federally funded project. To avoid a potential conflict of interest, see [https://www.ecfr.gov/cgi-bin/text-idx?SID=004674eb2f1f808c87da0c3713c3662e&amp;mc=true&amp;node=se23.1.1_133&amp;rgn=div8 23 CFR 1.33] for the Federal Law governing Conflict of Interest. To certify that no conflict of interest has taken place on any given project, the LPA and consultant must fill out Attachment G of the engineering services contract ([[media:Fig. 136.4.1 May 2016.docx|Fig 136.4.1]]). If the LPA and consultant choose not to use the standard template engineering services contract found in Fig 136.4.1 the consultant and LPA must fill out the [[media:136.4.15 2014.doc|Conflict of Interest Disclosure Form (Fig 136.4.15)]] and submit it to MoDOT along with the executed engineering services contract for each project.<br /> &lt;div id=&quot;A consulting engineering firm&quot;&gt;&lt;/div&gt;<br /> A consulting engineering firm under contract to serve as the city engineer to provide oversight of engineering functions and the work of engineering consultants procured by the city will not be allowed to perform engineering work for the city for which they are city engineer. A potential conflict of interest would arise if the consulting firm were awarded the project-related design services.<br /> <br /> ====136.4.1.6.1 Using Consultants for Preliminary Project Documents====<br /> There are situations when conflicts of interest commonly arise during LPA projects. <br /> <br /> =====136.4.1.6.1.1 Development of Preliminary Project Documents=====<br /> Preliminary project documents may include, but are not limited to, grant and TIP applications, projects scopes, filling out the programming data form and project estimates.<br /> <br /> If the LPA needs professional consulting services to develop preliminary project documents, the LPA must execute an engineering services contract. The contract must be at fair market value, and the cost of selecting and negotiating a consultant contract is not eligible for federal funding. <br /> <br /> A consultant providing preliminary project deliverables must complete all preliminary activities and receive payment in full from the LPA in order to be eligible to bid on PE or CE services for the project. If the consultant provides preliminary project documents as an in-house consultant or engineer on retainer, all invoices for these services must be paid in full to be to be considered for a PE or CE contract<br /> <br /> The LPA must include all consultant developed preliminary project documents in the Request for Qualifications (RFQ). &lt;u&gt;If a consultant develops the RFQ or participates in the consultant selection process, regardless of payment, that firm will not be eligible for the next phase of the project.&lt;/u&gt;<br /> <br /> =====136.4.1.6.1.2 Contracts with LPAs and Contractors=====<br /> A consultant cannot work for both the LPA and the contractor on the same project as this is seen as a conflict of interest. However, the consultant can provide surveying and staking on the project for the contractor but it is limited to that task alone.<br /> <br /> ===136.4.1.7 Suspension/Debarment===<br /> All consultants receiving individual awards for $100,000 or more and all subrecipients/subconsultants must certify that the organization and its principles are not suspended or debarred. Each LPA may, but is not required to, check the Nonprocurement List. Copies of the list may be obtained by purchasing a yearly subscription from the Superintendent of Documents, US Government Printing Office, Washington, DC 20402, or by calling the Government Printing Office Inquiry and Order Desk at (202) 783-3238. An electronic version is available, as well. The user will be required to record their name and organization for purposes of the [https://www.epls.gov/epls/search.do?page=A&amp;status=current&amp;agency=69#A Computer Matching and Privacy Act of 1988].<br /> <br /> ===136.4.1.8 Frequently Asked Questions (FAQ)===<br /> A list of FAQs regarding consultant issues can be found in [[media:136.4.13.doc|Fig 136.4.13]]. FHWA also has a [http://www.fhwa.dot.gov/programadmin/172qa.cfm webpage that lists FAQs].<br /> <br /> ==136.4.2 Solicitation &amp; Selection Process==<br /> <br /> When an LPA needs consultant services, specific processes for soliciting and selecting a consultant must be followed. LPA’s must use Qualifications Based Selection(QBS) for the procurement of engineering and design related services. This is mandated by both the Federal and State law. See [[#136.4.1.2 State Law|EPG 136.4.1.2]] and [[#136.4.1.3 Funding|EPG 136.4.1.3]] for the applicable laws. If an LPA does not follow the solicitation and selection process, federal funds could be jeopardized. <br /> <br /> ===136.4.2.1 Qualification Based Selection (QBS) Flowchart===<br /> [[image:Fig. 136.4.12.jpg|center|800px]]<br /> <br /> A step-by-step process for following the QBS process is outlined below.<br /> <br /> ===136.4.2.2 Step 1 – Scope of Services===<br /> The LPA should determine a project specific scope of services. Sample scopes of service can be found on the last sheet of [[media:136.4.7 2020.docx|Fig. 136.4.7]]. These samples can be used in the Request for Qualifications (RFQ) form. Keep in mind that the Engineering Services Contract cannot contain any scope that was not listed in the Advertisement/RFQ, so it is important to develop the scope of services for the RFQ that will cover all necessary work items for the project. For instance, if the LPA wishes for the consultant to design the plans and perform construction inspection, the RFQ needs to spell out both of those items, otherwise the LPA will have to post another RFQ to cover the work items not covered in the original RFQ. A scope of services must still be developed if the LPA is going to utilize the [https://www.modot.org/lpa-call-list LPA On-Call Consultant List]. This scope will then be negotiated with the selected consultant. The scope should not be determined by the consultant; it must be developed by the LPA prior to contract negotiation. If the LPA is going to use an on-call consultant go to [[#136.4.2.4.3 Using the LPA On-call Consultant List|EPG 136.4.2.4.3]] in Step 3. <br /> <br /> In general, the RFQ scopes should be broadly written but the scope of services contained in the Engineering Services Contract should be detailed to cover both the LPA and consultant.<br /> <br /> ===136.4.2.3 Step 2 - Creating an RFQ Document===<br /> {|style=&quot;padding: 0.3em; margin-left:10px; border:2px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;310px&quot; align=&quot;right&quot; <br /> |-<br /> |colspan=&quot;2&quot;|'''&quot;How To&quot; PowerPoint Tutorial'''<br /> |-<br /> |[[media:136.4.2.3 How to Complete the RFQ.ppt|How to Complete the RFQ and Get it Advertised]]<br /> |}<br /> An LPA must create an RFQ to solicit professional services. MoDOT provides a solicitation form, or an LPA may use its own solicitation with prior approval. [[media:136.4.7 2020.docx|Fig. 136.4.7]] provides a sample solicitation/RFQ form. <br /> <br /> If the LPA wishes not to use the sample solicitation they may do so provided that that solicitation contains the following:<br /> <br /> :* a statement requiring the consultant to submit a Statement of Qualifications (SOQ) along with the letter of interest<br /> <br /> :* a statement saying the DBE firms must be listed in the [http://www.modot.mo.gov/business/contractor_resources/External_Civil_Rights/mrcc.htm MRCC directory] to be considered<br /> <br /> :* the selection rating criteria along with the weighted values/points associated with each selection criteria<br /> <br /> :* DBE goal (Disadvantaged Business Enterprise (DBE) requirements are also covered in [[:Category:146 Disadvantaged Business Enterprise (DBE)|EPG 146 Disadvantaged Business Enterprise (DBE)]])<br /> <br /> :* Detailed Scope of Consultant Services needed<br /> <br /> :* Deadline date when the letters of interest are to be submitted<br /> <br /> :* Contact information<br /> <br /> :* A statement indicating where to get a copy of any preliminary project documents, if applicable.<br /> <br /> Each RFQ must include a consultant selection criteria with the weighted percentages of each category. [https://revisor.mo.gov/main/OneSection.aspx?section=8.289 RsMO 8.289] lists the criteria that should be used. MoDOT’s sample solicitation includes these criteria, with the exception of proximity/familiarity. This criteria has been eliminated because the criteria is unclear and often misused. An LPA may use alternate criteria with rating values only with prior MoDOT approval. '''Each RFQ must be submitted to MoDOT and reviewed for a DBE Goal prior to advertisement.'''<br /> <br /> ===136.4.2.4 Step 3 - Advertising the RFQ Solicitation===<br /> Each solicitation must be advertised or the LPA can choose to utilize the [https://www.modot.org/lpa-call-list LPA On-Call Consultant List] as described in [[#136.4.2.4.3 Using the LPA On-call Consultant List|EPG 136.4.2.4.3]]. MoDOT suggests LPAs use the sample solicitation form from the EPG, however, an LPA may also use an alternative advertising plan with prior MoDOT approval. The RFQ must be advertised at least one time allowing a minimum of 14 calendar days prior to the due date, but it may be advertised multiple times if desired. <br /> <br /> In addition, each RFQ must be reviewed by MoDOT’s External Civil Rights group for Disadvantage Business Enterprise (DBE) opportunities. MoDOT will notify the LPA, so that the DBE goal can be inserted into the RFQ. Possible activities that offer opportunities for DBE firms include but are not limited to surveying, plan sheet development, design, geotech services and borings. Only firms listed in the [http://www.modot.mo.gov/business/contractor_resources/External_Civil_Rights/mrcc.htm MRCC Directory] are eligible to meet DBE goals. If the DBE goal is not met, the the consultant must document that a Good Faith Effort was made to meet the DBE goal. Disadvantaged Business Enterprise (DBE) requirements are also covered in [[:Category:146 Disadvantaged Business Enterprise (DBE)|EPG 146 Disadvantaged Business Enterprise (DBE)]].<br /> <br /> ====136.4.2.4.1 Advertising on MoDOT’s Site====<br /> The sample RFQ solicitation form ([[media:136.4.7 2020.docx|Fig 136.4.7]]) should be filled out and submitted to the appropriate [https://www.modot.org/about-lpacontact-us MoDOT district representative]. When advertising on MoDOT's website, the LPA can choose to also advertise in a newspaper, but it is not required.<br /> <br /> ====136.4.2.4.2 Advertising Using an Alternative Method====<br /> An LPA does not have to advertise on the MoDOT website, and when an LPA wishes to use another method to advertise the consultant solicitation, the LPA must submit a written request with an advertising plan to MoDOT. This request to advertise using an alternative method must be approved by MoDOT and FHWA prior to advertising the RFQ. The plan must comply with state and federal laws and include: <br /> <br /> :* Advertisement in a major newspaper of general circulation<br /> <br /> :* Plan to disseminate information to organizations qualified to do specified work. These organizations may include professional societies and recognized DBE organizations.<br /> <br /> ====136.4.2.4.3 Using the LPA On-Call Consultant List==== <br /> The [https://www.modot.org/lpa-call-list LPA On-Call Consultant List] was created through a qualifications based selection process. The process was administered by MoDOT and quality assurance was provided by Missouri ACEC and Missouri FHWA. MoDOT together with Missouri’s Local Program Advisory Panel managed the consultant review and selections. The on-call selection option was created to streamline the project delivery process for local agencies, however this process of selection is not mandatory and the standard qualifications based selection process outlined in Steps 1 -3 above can be used at any time.<br /> <br /> If the consultant contract is estimated to be less than $100,000 and fits any of the on-call categories listed below, the LPA may select a firm from the LPA On-Call Consultant List for consideration without advertisement. With that being said, the LPA must first write the scope they need the consultant to perform and develop an estimate for this work in order to determine whether this engineering contract would be less than $100,000 and eligible for the on-call list. If the LPA is hiring a consultant to design and inspect a project, the consultant MUST be on both the appropriate design category AND in the Construction Inspection category to be eligible for the entire project. The LPA can however hire different consultants to perform the design and inspection if desired. If separate engineering contracts are used for PE &amp; CE, the total of both contracts must be under $100,000 to utilize the on-call list for both phases. If the total work is more than $100,000 for PE &amp; CE combined, but one or both phases are individually under $100,000, the LPA can use the on-call list for one phase, and complete the RFQ process for the other contract. Example: (PE = $87,000 and CE estimated to be $41,000), the LPA can use the on-call list for PE, but then must go out to RFQ for CE. If using this process the LPA can proceed on to Step 6 Consultant Contract Negotiations after this step is completed.<br /> <br /> '''LPA On-Call Consultant Categories and Category Descriptions'''<br /> <br /> :* '''Structures.''' This category of work is defined as the production of competently engineered structural plans. The work generally includes plans production, detailing, hydraulic studies, geotechnical work, survey, cost comparisons, environmental clearances, right of way and may include other work related to bridge design.<br /> <br /> :* '''Construction Inspection.''' This category of work is defined as managing, documenting and inspecting projects associated with the construction of a new and/or modified existing facility. The work may involve the identification and resolution of issues relating to materials, work, progress, change orders and disputes. It may also include geotechnical work, sampling and testing, attending construction related meetings and reviewing shop drawings, but may also include other work related to construction inspection.<br /> <br /> :* '''Roadway.''' This category of work is defined as the production of competently engineered highway plans and related design studies. The work generally includes widening, resurfacing, pavement reconstruction, utility design and coordination, right of way, environmental clearance, traffic signals and lighting, general lighting, surveying, sidewalks and trails (as part of a roadway design contract), and parking lot design but may include other work as related to roadway design.<br /> <br /> :* '''Trails &amp; Sidewalks.''' This category of work is defined as the production of competently engineered trail and pedestrian use facilities, environmental clearance, right of way, signal and lighting, landscaping and beautification but may include other work as related to trail and sidewalk design. Landscape Architects will be eligible for consideration in this category.<br /> <br /> :* '''Traffic Engineering and [https://epg.modot.mo.gov/index.php?title=136.3_Federal_Aid_Basics#136.3.8.11_Traffic_Engineering_Assistance_Program_.28TEAP.29 TEAP].''' Traffic Engineering in this category is defined as design of improvements intended to relieve traffic problems, such as signalization, signing, lighting and pavement markings. Traffic Engineering Assistance Program (TEAP) in this category is defined as studies that may include corridor safety and/or operational analysis, intersection(s) safety and/or operational analysis, speed limit review, sign inventory, pedestrian/bike route analysis, parking issues, and other traffic studies.<br /> <br /> &lt;div id=&quot;Environmental.&quot;&gt;&lt;/div&gt;<br /> :* '''Environmental.''' This category of work is defined as the preparation of Categorical Exclusion, Environmental Assessment, and Environmental Impact Statement documents, and re-evaluations of documents in compliance with all requirements of the National Environmental Policy Act (NEPA) under FHWA procedures. Additionally, this category of work will include performance of field surveys for wetlands, streams, hazardous waste, and other specialties. It will require specialized species surveys, habitat assessments, and analysis to support a determination of impact to listed species and protected resources, including reports of those surveys. Other work will include floodplain, farmland, socioeconomic impacts, noise analysis, which will consist of, but is not limited to noise monitoring, modeling, and the preparation of noise reports.<br /> <br /> :* '''Historic Preservation.''' This category of work is defined as providing compliance with Section 106 of the National Historic Preservation Act, which requires conducting background investigations, Phase I surveys, Phase II National Register evaluations, Phase III adverse effects mitigation (e.g. archeological data recovery, documentation of historic bridges and buildings etc.), and other various tasks as related to cultural resources. <br /> <br /> =====136.4.2.4.3.1 Selecting a Consultant from the LPA On-Call Consultant List=====<br /> The LPA should choose the most qualified consultant for their project from the appropriate category(s) on the LPA On-Call Consultant list. LPAs are encouraged to consider at least 3 firms for each project when reviewing the LPA On-Call Consultant List for consideration, however this is not mandatory. It is recommended that the LPA consider the following when reviewing a firm:<br /> <br /> :1. What is the current workload at the firm and can they meet the LPA’s expected schedule?<br /> :2. Who, at the firm, will be the project manager for the project?<br /> :3. Can the firm provide examples of past similar to work?<br /> :4. Contact your surrounding LPAs for feedback on consultant usage.<br /> <br /> It is also recommended that the LPA review the firms’ information found on the on-call list. This information can be accessed by simply selecting the firm’s name. The LPA will have access to review such things as employees of the firm, past projects, general firm experience etc. It is also recommended that LPAs try different firms to compare quality of work and to keep the market competitive. Keep in mind that price is not part of selecting firms from the on-call list rather the firms are chosen based upon quality.<br /> <br /> =====136.4.2.4.3.2 LPA Consideration of DBE for On-Call Contracts=====<br /> All LPA On-Call Consultant contracts will be reviewed individually to establish a DBE goal. Strong consideration of DBE firms as prime and sub-consultants must be taken into account when selecting a consultant team. DBE sub-consultant firms can be found by visiting the MRCC Directory and DBE prime consultant firms are highlighted on the LPA On-Call Consultant list. If the On-Call Consultant selected by the LPA cannot meet the established DBE goal, the consultant must document the Good Faith Efforts made to achieve that DBE goal. Good Faith Effort examples are found in [[media:Fig. 136.4.1 May 2016.docx|Fig. 136.4.1, Engineering Services Contract ]](Attachment E, Section 7). DBE requirements are also covered in [[:Category:146 Disadvantaged Business Enterprise (DBE)|EPG 146 Disadvantaged Business Enterprise (DBE)]].<br /> <br /> =====136.4.2.4.3.3 Engineering Services Contract (ESC) Execution Process=====<br /> <br /> '''1.''' Once the scope of work is defined, the LPA must obtain a DBE Goal by sending the appropriate project information (including scope, county, estimated construction cost, estimated consultant cost, and potential subcontracting opportunities) to the appropriate MoDOT District LPA Contact. The District LPA Contact is to submit the information to MoDOT External Civil Rights (ECR) for review at DBEConsultGoal@modot.mo.gov. The scope for each On-Call Consultant Engineering Services Contract (ESC) must be submitted to MoDOT and reviewed for a DBE Goal prior to selecting the On-Call Consultant. The DBE goal shall be included in the ESC. (DBE requirements are also covered in [[:Category:146 Disadvantaged Business Enterprise (DBE)|EPG 146 Disadvantaged Business Enterprise (DBE)]].) All consultant contracts &lt;u&gt;that utilize federal funds&lt;/u&gt; must be reviewed by ECR, regardless of the dollar amount of the contract.<br /> <br /> '''2.''' If the prime consultant or any sub-consultants are DBE firms, the DBE section of the ESC must be filled out. If the prime or subs are not DBE firms, the DBE section can be left blank.<br /> <br /> '''3.''' The LPA will send the ESC to the consultant for execution. <br /> <br /> '''4.''' The LPA will submit the ESC to MoDOT for review. If the selected On-Call Consultant determines that the DBE goal cannot be met then the LPA shall submit the consultant’s Good Faith Effort documentation for review. See [[media:Fig. 136.4.14 Aug 2013.doc|Fig. 136.4.14]] to view a checklist that MoDOT will use when reviewing the consultant contract. The LPA should also use this checklist prior to submitting to MoDOT to ensure the contract is complete. <br /> <br /> '''5.''' After MoDOT has reviewed the consultant contract and has found it to be reasonable, MoDOT will request authorization of funds from FHWA for Preliminary Engineering (PE). FHWA will obligate the funds and MoDOT will notify the LPA that the funds have been obligated and give the Notice to Proceed (NTP). &lt;u&gt;No work shall begin until the PE funds have been obligated by FHWA and MoDOT has given the LPA notice to proceed. Any funds spent prior to PE Obligation will not be reimbursable.&lt;/u&gt;<br /> :'''Note:''' The LPA '''MUST''' wait for federal funds obligation before issuing the NTP to the consultant. The MoDOT District LPA Contact will send an email notification to the LPA indicating the obligation. <br /> <br /> '''6.''' The LPA distributes copies of the executed agreement to the appropriate MoDOT District LPA Contact; electronic notifications are required. <br /> <br /> '''7.''' The LPA will send the [https://epg.modot.org/files/3/39/134.4.2_2013.docx NTP letter] to the consultant AFTER federal funds are obligated.<br /> <br /> =====136.4.2.4.3.4 Consultant Evaluations for On-Call Services=====<br /> The LPAs must evaluate each firm that they have chosen to use from the LPA On-Call list at the completion of the project. The LPA will not be able to utilize the LPA On-Call Consultant List if they have not evaluated the prior consultant. [[media:136.4.19.docx|Fig. 136.4.19 LPA On-Call Consultant Evaluation]] must be filled out and submitted to the district contact. Fig. 136.4.19 must be filled out and signed by the LPA and the consultant and then submitted to the district contact. See [[#136.4.3.3 Consultant Performance Appraisals|EPG 136.4.3.3]] for standard consultant contract evaluations. MoDOT will then review the evaluations and these evaluations will be used to aid in scoring consultants in the future when the on-call list is re-created, normally every 3 years.<br /> <br /> ===136.4.2.5 Step 4 - Response to the RFQ===<br /> <br /> Interested firms who wish to respond to the RFQ can submit a letter of interest. If the firm has no experience with the LPA process, they must submit a Statement of Qualifications (SOQ), also. The SOQ can be in the form of a brochure or other format which outlines the qualification of the firm’s employees and recent past experience in similar work. (See [http://revisor.mo.gov/main/PageSelect.aspx?section=8.289&amp;bid=150&amp;hl Missouri Revised State Statue Chapter 8 Section 8.289].) A firm MUST be prequalified to perform work. [https://www.modot.org/consultant-prequalification-list MoDOT's Approved Consultant Prequalification List] contains all the information to determine whether or not firms are prequalified.<br /> <br /> ===136.4.2.6 Step 5 - Selection of Consultant===<br /> When the RFQ expires, the LPA evaluates the letters of interest or statement of qualifications and determines whether or not the firms are prequalified. [https://www.modot.org/consultant-prequalification-list MoDOT's Approved Consultant Prequalification List] contains all the information to determine whether or not firms are prequalified. If the LPA determines a firm is not prequalified or determines a firm should be disqualified for other reasons, then prior to rating any firms the LPA shall submit the firm name and reason for disqualification to MoDOT for concurrence. The LPA rates all firms based on the criteria that was outlined in the RFQ. Price quotations shall not be requested or used for consideration prior to selecting a firm. Price can only be determined AFTER the consultant is selected. <br /> <br /> MoDOT/FHWA can attend the selection/rating meeting and provide guidance on the selection process but cannot give opinions on selection of the firm. [https://revisor.mo.gov/main/OneSection.aspx?section=8.289 RsMO 8.289] (except proximity/familiarity) and [[media:Fig. 136.4.2.doc|Fig. 136.4.2 Consultant Selection Criteria Guidance and Rating Sheet]] must be used in the rating and selection of the consultant.<br /> <br /> According to federal and state law, the LPA must rate a minimum of 3 firms and then select the firm best qualified to perform the work, based on the rating criteria outlined in the RFQ, &lt;u&gt;and not based on price quotations&lt;/u&gt;. It is preferred, however, to rate as many firms as necessary (6 to 8 firms) to provide for more competition and quality. It is not necessary for the LPA to interview the firms, but should be considered. When less than three responses are received, it is suggested that the RFQ be re-advertised at least once. If the LPA still receives less than three responses, the LPA must then determine whether or not this is a suitable number of responses based on the nature and size of the project. The LPA should also consider whether there was some aspect of the RFQ that was overly restrictive or otherwise had an adverse impact on the completion of the project. If the LPA still wants to move forward, then they should document that the RFQ requirements were not restrictive, it was adequately publicized and that the one or two firms who responded were capable of performing the tasks outlined for the project. It is desired that more than one person in the LPA rate/score the consultants. &lt;div id=&quot;Each individual shall rate the firms&quot;&gt;&lt;/div&gt;Each individual shall rate the firms independently. It is required that each of the evaluators write how they determined the scores for each consultant at the bottom of the score sheet. It is suggested that all independent scores be added together and averaged on a combined score sheet. These documents must be submitted to the MoDOT district representative along with all the individual score sheets. Scores that reflect little or no thought or scores that appear skewed towards the winning consultant may result in the loss of federal funds. The red flags in scoring include but are not limited to: <br /> <br /> :* Same scores for each consultant in a particular category except for the winning consultant,<br /> <br /> :* 100% scores in every category for the winning consultant or<br /> <br /> :* No documentation (written text) to show how the scores were determined.<br /> <br /> ===136.4.2.7 Step 6 - Consultant Contract Negotiations===<br /> Price is negotiated after a consultant is selected and notified. This is the only time in the selection process when price can be considered. [[media:136.4.6.docx|Fig. 136.4.6]] lists a number of common Unallowable Costs that are ineligible federal reimbursement. '''Additional scope beyond what was advertised in the RFQ cannot be negotiated into the contract.'''<br /> <br /> The selected firm will need to use the overhead rate that was approved by MoDOT in that firms prequalification process with MoDOT. If the firm elects to voluntarily reduce their overhead rate the following language must be incorporated into the contract:<br /> <br /> :“The Company has voluntarily reduced its overhead rate to ___%. This rate will be used on all billings. Upon completion of these services outlined under this Agreement the final payment for these items will be based on accounting records of the Consultant incurred during the period of the Agreement. The LPA reserves the right to require the actual audited overhead rates be used if those rates are less than the voluntarily reduced rate noted previously.”<br /> <br /> For expectations on consultant inspection and administration, see [[136.11 Local Public Agency Construction#136.11.12 Construction Administration|EPG 136.11.12 Construction Administration]].<br /> <br /> ====136.4.2.7.1 Fixed Fee Review====<br /> The fixed fee is based on the complexity of the project, risk to the consultant, and the amount of sub consultant management and is the profit to the consultant. Fixed fees are calculations are based upon direct salary costs. The percentage of the fixed fee to the direct salary costs should not exceed the MoDOT maximum allowable profit curve shown in [[media:134.3.2 2021.pdf|Fig 136.4.3]]. However, MoDOT does not allow a profit of more than 15 percent.<br /> <br /> Fixed fees may not be calculated for direct expenses. Sub consultants are a direct expense to the prime consultant. Therefore, sub consultant expenses may not be included in the fixed fee calculations for the prime consultant. It should be noted that the “fixed fee” is fixed and will be paid in full even if the consultant does not use all of the hours in the contract. Care should be taken not to overestimate man-hours. <br /> <br /> ====136.4.2.7.2 Basis of Payment====<br /> The Engineering Services Contract in the EPG Fig 136.4.1 is an actual cost contract. This means that all cost estimates must be based on actual wages and overhead. Federal regulations ([https://www.acquisition.gov/content/16102-policies FAR Part 16.102]) prohibit the use of cost plus a percentage of cost or percentage of construction costs as a method of compensation. The following methods maybe used as the basis of payment in a contract:<br /> <br /> :* Actual Cost Plus Fixed Fee<br /> <br /> :* Specific rates of pay (for emergency situations only)<br /> <br /> Each subconsultant must be identified in the contract. Subconsultant expenses should be calculated based upon actual costs. Prompt payment of subconsultants is required per [https://www.acquisition.gov/content/subpart-329-prompt-payment FAR Subpart 32.9].<br /> <br /> Retainage is not allowed as a routine part of the contract i.e. blanket retainage is prohibited. Payment may be withheld on any particular work item that has not been completed in accordance with the contract. This can include work incidental to the work item, and required documentation directly related to the work.<br /> <br /> Direct costs must be estimated using current Privately Owned Vehicle (POV) mileage reimbursement rates and per diem rates for Missouri. These rates can be found on the following web pages. <br /> <br /> Mileage, subsistence and lodging must follow federal travel regulation guidelines. <br /> :* [http://www.gsa.gov/portal/content/100715 Current POV Mileage Reimbursable Rates]<br /> :* [http://www.gsa.gov/portal/category/100120 Current Per Diem Rates for Missouri]<br /> <br /> ====136.4.2.7.3 Subconsultants====<br /> The use of subconsultants is allowed provided that each firm is identified in the engineering services contract. DBE firms should be listed under Article II, and other sub consultants should be listed in Article IX Subletting, Assignment or Transfer. The use of 2&lt;sup&gt;nd&lt;/sup&gt; and 3&lt;sup&gt;rd&lt;/sup&gt; Tier subconsultants is not allowed. Subconsultants do not have to be prequalified but it is strongly encouraged especially if the subconsultants routinely performs work &gt;$25,000.<br /> <br /> =====136.4.2.7.3.1 Subconsultant cost exceeding $25,000=====<br /> If the consultant is using a subconsultant with a cost exceeding $25,000, then the subconsultant shall include Attachments B and C of [[media:Fig. 136.4.1 May 2016.docx|Fig 136.4.1]], a detailed estimate of cost and a detailed overhead rate schedule. If the subconsultant is prequalified, the overhead rate listed must be the current overhead rate accepted by MoDOT through the annual financial prequalification process. In this case, a detailed overhead schedule would not be required. <br /> <br /> If the subconsultant is not prequalified with MoDOT, then the firm shall also include their [[media:134.3.5.1 Form.pdf|Consultant Certification of Indirect Cost Form]]. Each subconsultant in this category must show its overhead in the required format. [[media:136.4.16.pdf|Fig. 136.4.16]] provides an example Overhead Schedule. The detailed overhead schedule should be reviewed for possible unallowable costs per [https://www.acquisition.gov/content/part-31-contract-cost-principles-and-procedures FAR Part 31]. [[media:136.4.6.docx|Fig. 136.4.6]] lists common unallowable costs. The prime consultant is responsible for ensuring that all subconsultants comply with state and federal regulations, such as E-Verify, and are registered to do business in Missouri.<br /> <br /> =====136.4.2.7.3.2 Subconsultant cost NOT exceeding $25,000=====<br /> If the consultant is using a subconsultant with a cost that DOES NOT exceed $25,000 then a letter quote from the subconsultant shall be submitted with the engineering service contract. The letter should quote the subconsultant’s cost shown in Attachment B of the contract ([[media:Fig. 136.4.1 May 2016.docx|Fig 136.4.1]]). If the subconsultant is not prequalified with MoDOT, then the subconsultant firm shall also include their [[media:134.3.5.1 Form.pdf|Consultant Certification of Indirect Cost Form]]. The prime consultant is responsible for ensuring that all subconsultants comply with state and federal regulations, such as E-Verify, and are registered to do business in Missouri.<br /> <br /> ====136.4.2.7.4 Ceasing Negotiation====<br /> If the LPA cannot negotiate a reasonable price with the consultant selected, the LPA can cease negotiations and begin negotiations with the next most qualified firm. After the LPA has ceased negotiations with the selected firm and have started negotiations with the next most qualified firm, the LPA cannot go back to the first firm and start another round of negotiations; this is looked upon as price shopping and is unallowable. See [http://www.fhwa.dot.gov/programadmin/consultant.cfm FHWA Consultant Services webpage] for more information.<br /> <br /> ====136.4.2.7.5 Contract Execution====<br /> The [[media:Fig. 136.4.1 May 2016.docx|Engineering Services Contract, (Figure 136.4.1)]], must be signed by both parties (LPA and consultant). The LPA has one year from the time the RFQ expires to get a consultant contract negotiated and executed. However, it is desirable to have the contract executed in a much shorter timeframe.<br /> <br /> ===136.4.2.8 Step 7 - Consultant Contract Submittal to MoDOT===<br /> The contract format illustrated in [[media:Fig. 136.4.1 May 2016.docx|Fig. 136.4.1]] is required, unless the LPA gets prior approval from MoDOT to deviate from this contract form. The LPA must submit the contract to MoDOT for review and approval along with the cover letter found in [[media:136.4.9 Sept 2013.doc|Fig. 136.4.9]]. For a complete list of items required to be submitted along with the consultant contract, see [[media:136.4.11 2019.docx|Fig. 136.4.11]]. Also see [[media:Fig. 136.4.14 Aug 2013.doc|Fig. 136.4.14]] to view a checklist that MoDOT will use when reviewing the consultant contract. The LPA should also use this checklist prior to submitting to MoDOT to ensure the contract is complete.<br /> <br /> ===136.4.2.9 MoDOT Review of Consultant Contract=== <br /> Per the Federal Aquisition Regulation (FAR), a price reasonableness review must be performed prior to contract execution. Each consultant contract will be reviewed by MoDOT staff for reasonableness in man-hours, wage rates, overhead rates, direct costs, etc. Any item found to be unreasonable as compared to industry/consultant history and current trends will need to be corrected prior to contract execution. Common items include, but are not limited to, math errors, contract language and costs that do not match exhibits, exclusion of an audit clause, large fluctuation in wage rates from expected amounts or previous rates, and/or overhead rates that are different from information MoDOT has on file. [[media:Fig. 136.4.14 Aug 2013.doc|Fig. 136.4.14, Checklist for reviewing Consultant Contracts]] includes helpful hints for conducting a price-reasonableness review and common errors found. <br /> <br /> &lt;u&gt;No work shall begin until the PE funds have been obligated by FHWA and MoDOT has given the LPA notice to proceed. Any funds spent prior to PE Obligation will not be reimbursable.&lt;/u&gt;<br /> <br /> ===136.4.2.10 PE Funding Obligation===<br /> After MoDOT has reviewed the consultant contract and has found it to be reasonable, MoDOT will request authorization of funds from FHWA for Preliminary Engineering (PE), when these expenses are allowable. FHWA will obligate the funds and MoDOT will notify the LPA that the funds have been obligated and give the notice to proceed. &lt;u&gt;No work shall begin until the PE funds have been obligated by FHWA and MoDOT has given the LPA notice to proceed. Any funds spent prior to PE Obligation will not be reimbursable.&lt;/u&gt;<br /> <br /> ===136.4.2.11 CE Funding Obligation===<br /> Some consultant contracts contain both preliminary engineering work (PE) and construction engineering/inspection (CE) work. If this is the case, the PE dollars will be obligated. No PE funds can be incurred after the CE funds have been obligated. <br /> <br /> Other consultant contracts may only contain CE work. If this is case, CE funds will be obligated with the construction dollars. This obligation takes place after the plans and all supporting documents have been reviewed and approved and Authority to Advertise has been given to the LPA. &lt;u&gt;No work shall begin until the CE funds have been obligated by FHWA and MoDOT has informed the LPA of approval. Any funds spent prior to CE Obligation will not be reimbursable.&lt;/u&gt;<br /> <br /> &lt;u&gt;In either case, the consultant contract must be executed and then approved by MoDOT prior to requesting CE funding obligation.&lt;/u&gt;<br /> <br /> ==136.4.3 Consultant Contract Management==<br /> <br /> ===136.4.3.1 Payments/Invoicing===<br /> The LPA must submit invoices for reimbursement of costs incurred as the work progresses. The invoices may not be submitted more than once every two weeks. Progress invoices must be submitted monthly. The final invoice must be submitted within 30 days of final acceptance. The LPA may use either of the following two methods of seeking progress payments:<br /> <br /> :* The LPA pays the contractor/consultant for work performed and then submits a progress invoice for reimbursement.<br /> <br /> :* The LPA prepares the pay estimate for work performed and monies due to the contractor/consultant and submits the invoice to MoDOT. If the LPA adopts this method, it must develop cash management procedures to ensure payment is made to the contractor/consultant within '''two (2)''' business days of receipt of funds from MoDOT. Failure to disburse the funds promptly will result in a violation of federal cash management provisions and may result in an '''interest penalty''' assessment against the funds.<br /> <br /> Whichever method above is used, the state will expedite reimbursement to the LPA. It is estimated that the average length of time from invoice submittal to receipt of federal reimbursement will be about 20 working days. <br /> <br /> LPAs cannot withhold or make payments to a contractor or consultant contingent upon reimbursement of progress invoices. Refer to [[136.3 Federal Aid Basics#136.3.7.3 Progress Invoices|EPG 136.3.7.3]] for more information. <br /> <br /> '''Reimbursement will not be made for any work complete outside of the period of service as defined in the consultant contract.'''<br /> <br /> '''Invoice Detail.''' The invoice template found in [[media:136.4.10_2022_LPA_Invoice.xlsx|Fig. 136.4.10]] MUST be used for prime consultant invoices. Sub-consultants who have a contract with the prime that is greater than $25,000 must either use Fig. 136.4.10 or provide all the information that is listed in this figure to be considered acceptable. Each invoice must be submitted with the necessary supporting documentation and must be numbered in sequential order and label the final invoice as FINAL. An example invoice can be found in [[media:136.4.17 Dec 2012.xlsx|Fig. 136.4.17]]. This invoice shows example information to help customers fill out the document.<br /> <br /> The invoice shall be based on the total incurred cost during the invoice period, minus any non-participating costs incurred. Invoices should identify each task in the scope of work, as well as the employees and hours spent on each task during the invoice period. Direct costs should also be shown by task. <br /> <br /> Each invoice MUST show the total DBE payments for each DBE subcontractor, the total for that particular invoice and the DBE% met to date, if applicable. <br /> <br /> [[media:136.4.18 Sept 5, 2012.docx|Fig. 136.4.18]] provides a checklist to aid in filling out the invoice. The checklist includes all items that are necessary to be on the invoice or submitted as supporting documentation in order for the invoice to be accepted and paid.<br /> <br /> ===136.4.3.2 Supplemental Agreements===<br /> Supplemental agreements, as shown in [[media:Fig. 136.4.4.doc|Fig. 136.4.4]], are to be used to add/delete work within the scope of services that was advertised in the RFQ. Supplemental agreements cannot be used to increase scope outside the RFQ or to increase overhead or fixed fee. For example, a no cost supplemental agreement can be executed to extend the period of service as outlined in the original consultant contract.<br /> <br /> The LPA or consultant will develop the supplemental agreement. Each supplemental must include new subconsultants, changes to the scope of services, new cost estimates and schedule or period of service adjustments as applicable. ECR will need to evaluate the supplemental to determine the DBE goal for the supplemental. Submit a copy of the supplemental to the ECR email group “LPADBEGoal”. <br /> <br /> The supplemental agreement must be executed and submitted to MoDOT for approval. <br /> <br /> The LPA can get a verbal acceptance from MoDOT to start the changed/additional work before the paperwork is finished and the additional funds are obligated, but no invoice reflecting the new monies shall be submitted until the additional funds are obligated, and the risk will be on the LPA if they proceed without obligation. In other words, if the supplemental agreement is denied by MoDOT/FHWA then the LPA will be responsible for funding the work associated with the supplemental, if work began prior to obligating the funds.<br /> <br /> ===136.4.3.3 Consultant Performance Appraisals===<br /> The LPA, the consultant and MoDOT must review and rate the consultant’s performance. All parties should agree upon the final ratings. These final ratings can be used as backup documentation for future consultant selection ratings. The consultant performance appraisal form can be found in [[media:136.4.5.doc|Fig. 136.4.5]]. The evaluation must contain written comments on how the evaluation was determined. All evaluation comments must be factual and not based upon personal opinion, i.e. all comments must be able to be backed up by actual facts. See [[#136.4.2.4.3.3 Consultant Evaluations for On-Call Services|EPG 136.4.2.4.3.3]] for On-Call Consultant Evaluations.<br /> <br /> ==136.4.4 Construction Engineering (CE) and Construction Administration==<br /> <br /> Please see [[136.11 Local Public Agency Construction#136.11.12 Construction Administration|EPG 136.11.12 Construction Administration]].<br /> <br /> ==136.4.5 Key Submittals/Requirements==<br /> <br /> {| border=&quot;1&quot; class=&quot;wikitable&quot; style=&quot;margin: 1em auto 1em auto&quot; style=&quot;text-align:center&quot;<br /> |+ <br /> ! style=&quot;background:#BEBEBE&quot; |Task/Submittal!! style=&quot;background:#BEBEBE&quot; |LPA Responsibility !! style=&quot;background:#BEBEBE&quot; |MoDOT Responsibility!! style=&quot;background:#BEBEBE&quot; |MoDOT Timeframe<br /> |-<br /> |RFQ/Advertisement||Develop &amp; Submit to MoDOT||Review/Provide DBE Goal|| RFQ to be posted for 14 days minimum<br /> |-<br /> |Selection of Consultant|| Rate each consultant based on criteria in the RFQ.|| Attend rating/selection meeting but cannot give opinions on selection||Selection to occur after the 14 day advertisement period lapses.<br /> |-<br /> |Contract Negotiation||Negotiate with consultant|| n/a || n/a<br /> |-<br /> |Contract Submittal||Submit to MoDOT along with filled out checklist||Review and send to FHWA for PE obligation|| -<br /> |-<br /> |Supplemental Agreement|| Prepare and submit to MoDOT|| Review and send to FHWA for obligation|| -<br /> |-<br /> |Performance Appraisal of Consultant||LPA/Consultant to attend final appraisal meeting||MoDOT to attend final appraisal meeting || -<br /> |}<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> [[Category:136 Local Public Agency (LPA) Policy|136.04]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=File:Fig._136.4.2_2022.doc&diff=52121 2022-12-19T18:12:43Z

<p>Hallej1: </p> <hr /> <div></div>

Hallej1 https://epgtest3.modot.org/index.php?title=103.1_Bid_Opening_and_Award_Process&diff=52120 2022-12-19T14:53:33Z

<p>Hallej1: /* 103.1.6.6.1.3 Revisions to Job Special Provisions */</p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:15px; border:1px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;160px&quot; align=&quot;right&quot; <br /> |-<br /> |'''Additional Information'''<br /> |-<br /> |[[media:237.9.3-Due_Dates_2023.pdf|PS&amp;E Due Date Chart]] <br /> |-<br /> |[https://modotweb.modot.mo.gov/BidLettingPlansRoom/Letting/ViewStream/3159?type=general_info Due Date Calendar]<br /> |-<br /> |[[media:103.1.6 Reviewers Checklist.docx|Reviewer's Checklist]]<br /> |-<br /> |'''Forms'''<br /> |-<br /> |[http://epg.modot.org/forms/DE%202017%20Forms/BiddingContract/103.1_award_letter.docx Award Letter]<br /> |-<br /> |'''MoDOT Website'''<br /> |-<br /> |[http://www.modot.org/bidding/ MoDOT Bidding and Contracting Opportunities]<br /> |}<br /> <br /> ==103.1.1 Introduction==<br /> <br /> The goal of MoDOT’s bid opening and award process is to achieve competitive bids by packaging projects in a manner that makes them as attractive as possible to potential bidders. Methods of achieving this goal include, but are not limited to, establishing appropriate bid opening dates for the type of work, maintaining a stable bid opening schedule, and grouping or dividing projects to make them more appealing to bidders.<br /> <br /> ==103.1.2 Bid Opening Location== <br /> <br /> [http://sp/sites/de/Pages/default.aspx Design] will conduct bid openings for all projects within the right-of-way of the state highway system, with two exceptions. Districts may conduct bid openings for “maintenance by contract” projects that cost less than $25,000 or in the case of an “emergency”. All other contracted work must be included in the regularly scheduled monthly bid openings held in Jefferson City.<br /> <br /> Emergency projects are defined as those situations in which conditions threaten the movement of traffic. These situations include: <br /> * The road or a lane of the road is closed, <br /> * Existing conditions threaten to close the road,<br /> * There is risk to the safety of the motoring public.<br /> <br /> In most cases, standard advertising requirements may be shortened for emergency projects. The Design Division will work with the district to determine an appropriate advertising period for emergency projects on a case-by-case basis. It should be noted, bid guaranties (bid bonds) and contract bonds are required on all projects, including emergency projects. <br /> <br /> For maintenance funded contract work with an estimated cost of $25,000 or less, most aspects of the bid opening (i.e. advertising, proposal preparation, opening and award) can be performed in the district. However, Design Division staff is available to assist the district with these items or to perform them for the district. Advertising for these projects shall follow the provisions contained in [[103.1 Bid Opening and Award Process#103.1.7 Advertising Projects for Bid opening and Purchasing Bidding Documents|EPG 103.1.7]]. In addition, bid guaranties (bid bonds) and contract bonds are required on all projects, including maintenance by contract projects. In addition, projects should be combined into efficient combinations so contractors can provide cost effective bids.<br /> <br /> ===103.1.2.1 Emergency Work Procurement Process===<br /> <br /> There may be instances where a failure on our roadway system needs to be repaired immediately. If this cannot be performed with MoDOT forces or on-call, contracts an emergency contract will need to be let. <br /> <br /> '''Emergency Work:''' A member of the Executive Committee and the respective District Engineer (any one) are authorized to award and execute contracts for emergency roadway, bridge, and/or other transportation facility repairs, structure demolition, and/or services necessary for the benefit of public safety. ''All contracts for emergency construction work shall be presented to the Commission for ratification.''<br /> <br /> '''Step 1: Assess the job.''' There will be no plans or line items for this work. A general scope of work and requirements such as time frame of work should be made. A rough estimate should be made based upon historical work and sound engineering judgment. This will be a best value selection instead of low bid and it will not have the normal advertisement to bidders. Therefore, the District Engineer must get an emergency declaration from the Deputy Director and Chief Engineer or Asst. Chief Engineer to proceed. <br /> <br /> The district must decide how the emergency contract should be funded. <br /> <br /> When the repair contract will be funded out of the district cash budget the district must determine the funding source and get the appropriate coding for the project from Financial Services. <br /> <br /> When the contract is desired to be added to the STIP, the District Engineer will send notification to the Statewide Programming group in the Transportation Planning Division along with a copy in writing or email from the Deputy Director and Chief Engineer or Asst. Chief Engineer giving the project an emergency declaration status. Statewide Programming group will start the process of obtaining an emergency STIP amendment. They will work with the District Planning staff to enter the project in SIMS and assign the project a Job number. The Project Manager will submit a request to Financial Services to assign the project a Sam II number for project charge expenses<br /> <br /> If the project is to be federalized, a request will need to be made through the Federal Management Information System (FMIS). There are additional requirements for this funding. It will require being in an approved TIP (if it is an MPO area), environmental cleared, right of way cleared, and railroad cleared. A minimum of three contractors must be solicited and a justification of why the successful contractor was selected. All of this takes time and federal funding would not likely be pursued due to time constraints. But it is an option if so desired. <br /> <br /> Once the funding mechanisms are identified and approved, proceed to Step 2.<br /> <br /> '''Step 2: Solicit interest from a minimum of three contractors if possible.''' (If it is extremely urgent you can waive this, but it is mandatory for federal reimbursement.) Depending on the job, solicitations can be done by phone or with on-site visits. It is important to relay consistent information on the scope and requirements of the project. Since there are no bidding documents, all work will be performed by force account. A best responsive contractor is selected by the district. There is no formal contract. However, a written confirmation by mail or email is recommended. The contractor must be on the MoDOT approved list and insured. Normal job requirements such as DBE requirements, subcontract forms, schedule submittal, etc. will not be mandatory. Payrolls will be needed to verify force accounts. The contractor will submit pay requests and the district will verify the amounts and submit a request for payment to Financial Services to get the contractor paid. Once the contract is complete, Financial Services should be notified so the project may be closed out. No other final paper work or affidavits will be required from the contractor. In the rare instance where federal funding is utilized, FHWA should be contacted to verify whether any additional documentation is required.<br /> <br /> ==103.1.3 Establishing Project Bid Opening Dates==<br /> <br /> ===103.1.3.1 General===<br /> An appropriate bid opening date should be established with the following considerations:<br /> <br /> * Contract time needed for project completion, including the time a contractor needs to secure the required materials. [[103.1 Bid Opening and Award Process#103.1.3.2 Guidelines for Type of Work|EPG 103.1.3.2]] provides guidelines for target award quarters depending on contract time.<br /> * Date when plans, specifications and estimate are complete, right of way clear, utilities clear, agreements executed.<br /> * Uniform availability of work around the state (reviewed by the Design Division).<br /> * Availability of funding. The district should work with the Transportation Planning Division to ensure funding is available and to include projects in the [[121.3 The Statewide Transportation Improvement Program (STIP)|Statewide Transportation Improvement Program]].<br /> <br /> ===103.1.3.2 Guidelines for Type of Work===<br /> Guidelines that may be used in developing preliminary award quarters for a project are listed below. They are based on MoDOT’s low bid experience, categorized by type of work and approximate cost of major work items. These are general guidelines, not rules, and exceptions do exist. This information is only a starting point and the project manager should draw upon the experience of district operations personnel or Design Division as necessary. Note: the number of days specified below refers to working days and not calendar days:<br /> <br /> * 1st Quarter – (July, August &amp; September)<br /> *# Major bridges - over $5 Million <br /> *# Large multi-year corridor projects – over $10 Million<br /> *# Large urban widening projects – over $3 Million and/or more than 120 days<br /> *# Small maintenance jobs (July &amp; August) – under $250,000 and/or less than 30 days<br /> *# Large asphalt or portland cement concrete paving projects – over $10 Million<br /> *# Annual maintenance contracts (“on-call” work)<br /> *2nd Quarter – (October, November &amp; December)<br /> *# Major asphalt paving projects - $4-8 Million and/or contract time 90-120 days<br /> *# Major portland cement concrete paving projects – up to $10 Million and/or 90-120 days<br /> *# Urban widening &amp; rehabilitation - $2-3 Million and/or less than 120 days<br /> *# Leveling course program – October and November<br /> *# Mowing projects - October, November and December<br /> *# Bridge replacements (steel girders) – under $2 Million<br /> *# Large grading projects – 90 – 120 working days<br /> * 3rd Quarter – (January, February &amp; March)<br /> *# Leveling course program – January and February<br /> *# Asphalt resurfacing projects – less than $4 Million<br /> *# Urban widening &amp; rehabilitation – less than $2 Million or less than 90 days<br /> *# Bridge replacements (concrete) – under $2 Million or less than 120 days<br /> *# Large bridge rehabilitation - $1-3 Million<br /> *# Bridge rehabilitation involving low slump, latex modified, or silica fume concrete<br /> * 4th Quarter – (April, May &amp; June)<br /> *# Smaller maintenance projects (completion in current season) – less than $500,000<br /> *# Bridges replacements - $2-5 Million <br /> *# Large multi-year corridor projects – over $10 Million<br /> *# Miscellaneous projects – under $1 Million and/or less than 60 days <br /> *# Annual maintenance contracts (“on-call” work)<br /> <br /> ==103.1.4 Requesting Bid Opening Schedule Changes== <br /> <br /> Once a project has been programmed in the [[121.3 The Statewide Transportation Improvement Program (STIP)|Statewide Transportation Improvement Program]], it is a MoDOT commitment. Further, contractors plan their work according to the bid opening schedule so maintaining its stability is crucial to receiving competitive bids. Every effort must be made to deliver the project on time and within budget. However, if circumstances require a project not be let at the committed bid opening date, the district shall request a change in the bid opening schedule through Transportation Planning. The District Engineer must approve jobs moving to a new fiscal year.<br /> <br /> ==103.1.5 Packaging Projects for Bid Opening== <br /> <br /> It is desirable to “package” projects to make them as attractive to bidders as possible, particularly in areas of the state with limited competition. [http://sp/sites/de/Pages/default.aspx Design] is available for consultation in determining prospective bid competition. Similarly the Design Division can assist the district in developing attractively packaged projects.<br /> <br /> Small projects may need to be combined, while large projects may need to be split apart. Materials availability is also a concern when scheduling certain work types. The number of different work types should be reduced as much as practical (i.e., a small quantity of asphalt with a small quantity of concrete). For certain particularly complex projects, there is a benefit to having one contractor in charge of the entire project. Required combinations are recommended for several small projects with similar work within a reasonable distance from one another. Packaging them together often makes them “economically attractive” to more bidders. Required combinations are also helpful when combining a medium to large project with a single small project in an area. The small project alone may not attract any bidders. Combining it with a more desirable project will increase its chance of being completed.<br /> <br /> ==103.1.6 Assembling Bidding Documents== <br /> <br /> When the plans, specifications and estimate are [[237.9 Submission of Plans and Supporting Documents|submitted by a district]], the Bidding and Contract Services Section of Design is responsible for assembling all of the required information into bidding documents that consist of: Request for Bid, Bid Proposal, and Contract Plans. The Bidding and Contract Services unit of Design uses a [[media:103.1.6 Reviewers Checklist.docx|checklist]] while processing the plans, specification and estimate and assembling bidding documents. The checklist identifies the necessary documents that the district must provide with the plan submittal and common errors found in the review of plans. The process begins by making sure all necessary documents have been submitted. This includes the following:<br /> <br /> * All district plans, consultant plans, bridge plans, and any utility relocation or other miscellaneous plans, job special provisions, and estimates have been submitted.<br /> * The status of R/W, utilities, and railroad work has been submitted. If the contractor's access to the project is limited due to right of way or utility problems the district should refer to the &quot;[http://lnapp2/AO/Director.nsf/1e504c9648ade91c86256a6f0065580c/884b87abe3a6dc398625720a0069323a/$FILE/policy.pdf Commission Procedure for Liability Acceptance]&quot;) to determine an appropriate plan of action as early in the process as possible. Once the plans have been submitted, a committee consisting of the appropriate Design Liaison Engineer and the Assistant State Design Engineer review the project for applicability to the &quot;Commission Procedure for Liability Acceptance&quot;. If a determination of how to proceed cannot be made by this committee, the matter is referred to the Chief Counsel's Office. In either case, at this point it is often too late to cure restrictions on the contractor's ability to have full and free access to the project, thus creating an acceptance of liability risk if the project remains in the scheduled bid opening. If the job special provisions are not or cannot be drafted to adequately deal with these risks, the Chief Counsel's Office will request a delay in the bid opening.<br /> * Proper Corps of Engineers 404 and Missouri Department of Natural Resources 401 permits have been issued.<br /> * Municipal, county or other funding agreements have been executed, and funds have been deposited as required by the agreement.<br /> <br /> ===103.1.6.1 Assembling Request for Bid===<br /> <br /> The orange-covered Request for Bid is made up of 3 components: The &quot;boilerplate&quot; contract pages, the itemized bid, and the job special provisions.<br /> <br /> ====103.1.6.1.1 Assembling &quot;Boilerplate&quot; Contract Pages==== <br /> <br /> The Bidding and Contract Services unit performs the following steps to assemble the &quot;boilerplate&quot; contract pages:<br /> <br /> # Preliminary review of plans, specifications and estimate, including the workday study to provide the job description and ensure adequate contract time.<br /> # Obtain the required DBE percentage and trainee goal for the project from the External Civil Rights Office.<br /> # Insert job number, project description, bid opening date, contract time, liquidated damages, and DBE percentage/Trainee Goal into a standard format for either a federal-aid or state project contract.<br /> # Ensure all supporting documents are included with the Request for Bid, including any necessary permits, asbestos survey inspection sheets, electronic geotechnical data, etc.<br /> <br /> ====103.1.6.1.2 Assembling Itemized Bid Pages==== <br /> <br /> The Bidding and Contract Services unit performs the following steps to assemble the itemized bid:<br /> <br /> * Check that quantities on 2B sheets match quantities and pay items on the estimate and tabulation of quantities.<br /> * Verify that all pay item numbers are on the [http://www.modot.mo.gov/business/contractor_resources/biditemslisting.htm current listing of standard pay items].<br /> * Verify all lines on the itemized bid list are consistent with the bidding proposal and include lines for “section total” for roadway items and “section total” for bridge items”, etc.<br /> * Add coding for permitted/required combinations and alternate paving jobs.<br /> * Ensure estimate split-outs for financing by others are calculated correctly.<br /> * Create itemized bid sheets for Request for Bid.<br /> <br /> ====103.1.6.1.3 Assembling Job Special Provisions==== <br /> <br /> The Bidding and Contract Services unit performs the following steps to assemble the job special provisions:<br /> <br /> * Proofread job special provisions, and format where necessary.<br /> * Ensure that the [https://spexternal.modot.mo.gov/sites/de/JSP/Forms/JSPByTitle.aspx current standardized job special provisions] are used.<br /> * Spot check for commonly missed job special provisions.<br /> * Add appropriate &quot;General&quot; special provision indicating current required wage rate provisions and other job special provisions to be inserted by Central Office.<br /> <br /> ===103.1.6.2 Assembling Bid Proposal=== <br /> <br /> The blue-covered Bid Proposal is assembled by the Bidding and Contract Services unit and is used by the contractor to submit their bid. It is identical to the Request for Bid, except that it does not include the job special provisions. In addition, the pages to be filled out by the bidder are printed on colored paper.<br /> <br /> ===103.1.6.3 Assembling Contract Plans=== <br /> <br /> The contract plans are a compilation of roadway plans, bridge plans, and any other miscellaneous plans that may be included in the scope of the project (i.e. utility relocation plans). The Bidding and Contract Services unit performs the following steps to assemble the contract plans:<br /> <br /> * Review plans for implementation of [[:Category:143 Practical Design|Practical Design]]. Some Practical Design issues identified at this time include:<br /> :*Superpave on minor routes<br /> :*Bridge approach slabs on minor routes<br /> :*Full depth shoulders<br /> :*Shoulder paving on minor routes<br /> :*Pavement thicknesses exceeding existing<br /> :*Optional and alternate pavement not used<br /> :*Bridge replacement projects with large quantities of pavement replacement<br /> :*Excessive bridge widths on minor routes<br /> :*Temporary bypasses<br /> :*Bridge stage construction instead of road closure<br /> :*Bridge design frequencies too high<br /> :*Bridge lengths longer that existing<br /> :*Safety zones on minor routes<br /> :*Unbalanced earthwork<br /> * Verify pavement design and typical sections concur with the pavement group recommendation.<br /> * Check plans against title sheet index to be sure all plans have been included. Combine bridge plans with roadway plans. Ensure plans have been signed and sealed.<br /> * Verify that the most current standard plan sheets and other special sheets have been used.<br /> * Review plans for commonly missed items.<br /> * Create 2A sheet from the estimate.<br /> <br /> ===103.1.6.4 Time Requirements for Assembling and Printing Bid Documents=== <br /> <br /> Under ideal circumstances, it should take approximately a week to process a set of plans and a day or two to print the bidding documents, allowing a minimum of two weeks for review of and changes to the preliminary bidding documents prior to advertising the project for bid opening. A [[media:237.9.3-Due_Dates_2023.pdf|chart identifying the bid opening dates, PS&amp;E due dates and print dates]] is established by the Design Division. It is important that the districts comply with this schedule to ensure efficient processing and printing of the projects.<br /> <br /> ===103.1.6.5 Electronic Posting of Bid Documents=== <br /> <br /> Once the bid documents are complete, the Design Division posts an electronic version of the [http://www.modot.mo.gov/business/contractor_resources/bidOpenIndex.shtml itemized proposal] for each project on MoDOT’s website. These files may be downloaded and completed by contractors using [http://www.modot.mo.gov/business/contractor_resources/bid_opening_info/software.shtml ExpediteTM software]. Contractors may print a copy of their completed itemized proposal and return it as part of their submitted bid. Advantages to using the electronic itemized proposal include: less data entry time for the contractor, less chance for mathematical errors and omissions in the bidding process and more legible bids. <br /> <br /> The contractor may submit bids electronically via the internet. Bids submitted electronically shall use the latest version of [http://www.modot.mo.gov/business/contractor_resources/bid_opening_info/software.shtml Trns Port Expedite Bid,] and be submitted using the [http://www.bidx.com BidExpress® website]. Guidelines for [http://www.modot.mo.gov/eBidLettingPublicWeb/viewStream.do?documentType=software&amp;key=40 How To Submit Bids Electronically] are available on MoDOT’s website.<br /> <br /> The Design Division also provides electronic files of bidding documents to approved external groups that post them in private electronic plans rooms. These electronic plans rooms allow subscribing members to view electronic versions of bidding documents and order printed versions of the documents. Advantages to sharing the documents in these electronic plan rooms include: quick access to bidding documents by potential bidders, communications with a broader competition base and better opportunities for connections between prime contractors and subcontractors.<br /> <br /> ===103.1.6.6 Changes to Bid Documents=== <br /> <br /> The method of correcting errors in bidding documents is dependent on both the magnitude of the error, and when the error is discovered. The Bidding and Contract Services unit will evaluate whether a change to the bidding documents is necessary and what impacts the addendum may have on the bid. If the error is discovered before the bidding documents are printed, the correction is fairly simple unless it requires redesign and re-submittal of signed and sealed plans, specifications and estimate. This will require from a few days to several weeks.<br /> <br /> If the error is discovered after the project is advertised, then the change has to be made manually to the bidding documents as described above, plus it must be sent as an addendum by express mail or “return-receipt” fax to all plan holders and an electronic copy of the addendum are posted to the MoDOT web site, which is a complicated and costly process. If the express mail receipt or fax form is not returned, the plan holders must be contacted by telephone to verify whether or not the addendum was received, and if not, the addendum must be re-faxed to that bidder. Bids that do not include all addenda issued may be declared non-responsive, and again, the result may be unfair competition.<br /> <br /> If the error is undetected by MoDOT, but is recognized by a few of the bidders, the result is unfair competition. The bidders that are aware of the error may unbalance their bids, again resulting in unfair competition.<br /> <br /> Errors in the bidding documents have caused the Commission to reject all bids on projects. This decision delays the construction of the project, and results in additional costs in re-advertising and re-bidding the project. If the project is awarded, then the Commission <br /> * is likely to pay for change orders in addition to the original contract amount which affects the district's budget, <br /> * is exposed to a claim/law suit from the successful bidder for either more money or more contract time or both,<br /> * is exposed to a law suit from the unsuccessful bidders that had they known the true nature of the project, they could have provided lower bids, <br /> * is at risk of criticism from FHWA and the State Auditor that MoDOT added work to a contract that did not go through the required competitive bidding process.<br /> <br /> ====103.1.6.6.1 Identification of Revisions in Addendums====<br /> {|style=&quot;padding: 0.3em; margin-left:15px; border:2px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;160px&quot; align=&quot;right&quot; <br /> |-style=&quot;background:#f5f5f5&quot; <br /> |'''For More Information'''<br /> |-<br /> |[[237.9 Submission of Plans and Supporting Documents#237.9.3 PS&amp;E Submittal Guidelines|EPG 237.9.3 PS&amp;E Submittal Guidelines]]<br /> |}<br /> MoDOT clearly identifies revisions to the plans, specifications and estimate when issuing addendums (or kites). Clearly identified addendums avoid confusion for the bidders, especially when the addendums are issued only 1 to 1 ½ weeks prior to the bid opening. The following indicates the process for identifying the various revisions to the plans, specifications and estimate. <br /> <br /> =====103.1.6.6.1.1 Revisions to Plan Sheets=====<br /> [[image:103.1.6.6.1.1 triangles.jpg|right|35px]]<br /> The designer should use a triangle with the corresponding number of the addendum to identify any changes on the plan sheet. All revisions for the first addendum will be identified with a triangle and a “1” in it, all revisions for the second addendum with a “2” in it, revisions for the third addendum with a “3” in it, etc. To keep from having several revised dates on various plan sheets, the date will only be specified in the revision letter issued by [http://sp/sites/de/Pages/default.aspx Design]. No revised date will be specified on the plan sheets. Below are examples of how the revisions should be identified. <br /> <br /> [[image:103.1.6.6.1.1 changes on plan sheet.jpg|center|575px]]<br /> <br /> [[image:103.1.6.6.1.1 quantities.jpg|center|575px|thumb|&lt;center&gt;'''The revised new quantity should be located by the triangle symbol and outlined with a solid line. The existing quantity should be outlined with a dashed line.'''&lt;/center&gt;<br /> ]]<br /> <br /> =====[[237.9 Submission of Plans and Supporting Documents#Deleted Sheet|Delete Sheet]]=====<br /> If there are multiple revisions to a plan sheet and it would be clearer to create a new plan sheet, the district should mark an “X” through the existing plan sheet and create a new plan sheet. The deleted sheet should be designated with the triangle symbol and the note “Delete Sheet”. Do not delete the original file in ProjectWise. The deleted sheet with the “X” marked through it should contain the engineer’s seal.<br /> <br /> [[image:103.1.6.6.1.1 delete sheet.jpg|center|575px|thumb|&lt;center&gt;'''Delete Sheet'''&lt;/center&gt;]]<br /> <br /> =====[[237.9 Submission of Plans and Supporting Documents#Added Sheet|Add Sheet]]=====<br /> The new sheet should be designated with a note “Add Sheet” and the sheet number updated with an “A” (i.e., if deleting Sheet 21, then new sheet number will be 21A). <br /> <br /> [[image:103.1.6.6.1.1 add sheet.jpg|center|625px|thumb|&lt;center&gt;'''Add Sheet'''&lt;/center&gt;]]<br /> <br /> =====103.1.6.6.1.2 File Naming Convention for Plan Sheet Changes=====<br /> <br /> The file name for the first addendum must be changed to add a _R001 at the end of the existing file name. The second addendum will need a _R002 added to the end of the file name, etc. The user must create a duplicate file with the new file naming convention as the program will no longer automatically generate the new file name. The user will make the changes necessary for the addendum to the duplicate file. Examples of the file names for the first addendum are shown below.<br /> <br /> It is important that the project manager only use the _R001 extension for the first addendum, R002 for the second addendum, etc. The designer and the project manager will have the authority to change the file name on any file with a state of “Sign and Sealed” or “In Review” in the Contract Plans Folder. They will also have the authority to create new folders in the Contract Plans Folder. See example file names below: <br /> <br /> ::001_TITLE_J0I1234_I1_R001.pdf <br /> ::002_TS_01_J0I1234_I100_R001.pdf <br /> ::003_QU_01-02_J0I1234_I1_001_R001.pdf<br /> ::003_QU_01-02_J0I1234_I1_002_R001.pdf<br /> ::003_QU_01-02_J0I1234_I1_002_R002.pdf<br /> ::003_QU_03_J0I1234_I1_2BS.pdf<br /> ::180119_G02_J0I1234_Addendum_Letter_R001.pdf<br /> ::180119_G02_J0I1234_Addendum_Letter_R002.pdf<br /> ::180119_G02_J0I1234_Bid_Book.pdf<br /> ::180119_G02_J0I1234_Bid_Book_R001.pdf<br /> ::180119_G02_J0I1234_JSP_Roadway<br /> ::180119_G02_J0I1234_JSP_Roadway_R002<br /> ::XS_001-012_J0I1234_I5_RTE23_001.pdf<br /> ::XS_001-012_J0I1234_I5_RTE23_001_R001.pdf<br /> ::XS_001-012_J0I1234_I5_RTE23_002.pdf<br /> <br /> CADD has created the “revision” notes in MicroStation to simplify the process and also to ensure consistency in the font and size of notes used for the revisions. <br /> <br /> The revision cells for addendums are located under the Tasks in MicroStation. The cells are stored under the following group as shown in the image below (Tasks / MoDOT Design CADD Standards / Plan Sheets – Notes / General Construction). <br /> <br /> [[image:103.1.6.6.1.2 plan sheet 2016.jpg|center|575px]]<br /> <br /> =====103.1.6.6.1.3 Revisions to Job Special Provisions=====<br /> <br /> The district should identify any revisions in the JSPs by changing the color of the font to red for any additions and striking through the text for any deletions. Do not use the track mode to highlight or strike through changes because when the reviewer accepts the tracked changes all the strike-through language becomes deleted. The strike-through language should still appear in the addendum to identify the text that is being removed. Save the file in ProjectWise under the Specifications and Estimate folder with the signature block completed. The reviewer will enter the revision number and date in the signature block. The file should be saved as:<br /> <br /> ::::Job#_JSP_Roadway01_of_01_R001.pdf<br /> <br /> The reviewer will then highlight the changes and note the revision, as shown in the example below:<br /> <br /> [[image:103.1.6.6.1.3_update2022.PNG|center|575px]]<br /> <br /> [[image:103.1.6.6.1.3-2_update2022.PNG|center|775px]]<br /> <br /> =====103.1.6.6.1.4 Revisions to Estimate or Schedule of Items=====<br /> <br /> The district should strike through any deletions and identify any changes or additions on the existing copy of the estimate, then e-mail a pdf of the revised marked-up estimate to the reviewer.<br /> <br /> Once all revisions have been finalized, the project manager shall notify the reviewer via e-mail that the addendum is ready for processing.<br /> <br /> ==103.1.7 Advertising Projects for Bid opening and Purchasing Bidding Documents== <br /> <br /> Under state law, projects must be advertised for bid opening in a newspaper published in the county in which the project will be constructed. Further, FHWA requires a project be advertised at least three weeks before bids are to be received. In addition to newspaper advertisements, MoDOT also issues a [http://www.modot.mo.gov/business/contractor_resources/bidOpenIndex.shtml Notice of Bid Opening], which is available on the MoDOT web site. MoDOT, at the request of the AGC, has chosen to generally use a 5-week advertising period to allow contractors adequate time to properly prepare their bids. Once the project has been advertised for bid opening, contractors and suppliers may download the Contract Plans, Requests for Bid, and Electronic Deliverables at no cost. All downloads of the electronic deliverables are recorded and used for notification purposes in the event of an addendum. When downloading the electronic deliverables, the contractor has the option to be identified as a plan holder. This &quot;Plan Holders List&quot; is presently available to the public and is located on MoDOT’s website.<br /> <br /> ==103.1.8 Final Engineer's Estimate==<br /> <br /> The Final Engineer’s Estimate is an independent assessment of a project’s fair market cost that is required by federal law. It is developed at the time a project is publicly advertised for the purpose of receiving bids. The Final Engineer’s Estimate shall be confidential and shall not be publicly released. It is used as the basis for the award or rejection of bids for a project irrespective of any other estimate.<br /> <br /> ==103.1.9 Bid Opening== <br /> <br /> Bidders may submit paper bids or bids electronically using the [http://www.bidx.com BidExpress® website]. Only bidders who have a [http://www.modot.mo.gov/business/contractor_resources/documents/Contractor_Questionnaire.pdf Contractor Questionnaire] on file seven days before bid opening are permitted to submit bids for a project. The list of qualified bidders is kept by the Central Office Construction Division and provided to the Secretary to the Commission. Bidders that choose to submit bids via the internet shall have on file with the Commission an “[http://www.modot.mo.gov/eBidLettingPublicWeb/viewStream.do?documentType=software&amp;key=41 Internet Bidding Agreement]”, a copy of which can be found on MoDOT’s website. This agreement shall be initiated by the prospective bidder and submitted to the Commission. A bid will not be opened and read unless a fully executed agreement is on file with the Commission at least seven days prior to the time set for the opening of the bids.<br /> <br /> Paper bids are delivered to the Commission Secretary's Office by 11:00 a.m. on bid opening day, and qualified bids are logged in as they arrive. At 11:00 a.m. the paper bids are opened and the electronic bids are uploaded from the [http://www.bidx.com BidExpress® website]. All bids are given a cursory check to ensure all required documents are submitted by the bidder. The bids are then marked for public reading by the State Design Engineer. Bids are read in the Commission Hearing Room to an audience of mostly contractors. The &quot;Bids As Read&quot; report is available on the Internet and as a printed document during the bid opening process. The Bids as Read on the [http://www.bidx.com BidExpress® website] are called Apparent Bid Results and are generated immediately after all bids are uploaded during the letting. MoDOT also generates the [http://www.modot.mo.gov/business/contractor_resources/bidOpenIndex.shtml Bids as Read report] and posts it to the MoDOT website, generally no later than 12:00 noon. MoDOT’s Bids as Read report provides additional information that is not provided on the BidExpress® website, including maximum monetary bond and the pavement type for alternate bid projects. Guidelines for viewing the two versions of [http://www.modot.mo.gov/eBidLettingPublicWeb/viewStream.do?documentType=general_info&amp;key=297 Bids As Read] are posted on MoDOT’s website.<br /> <br /> Each individual item of the paper bids is then entered into the computer. Any discrepancy between bids as read, and bids as tabulated through the computer, are investigated and resolved by the Bidding and Contract Services unit. The bids as tabulated through the computer are the official bids. &quot;Bid Tabulations&quot; which show itemized bids are then printed, along with the &quot;Summary of Bid Opening&quot; which shows the totals for the low and second low bidder for each job. The total bids shown on the Summary of Bid Opening are public information. However, the individual item bids shown on the Bid Tabulations are not made public until the Commission awards a project. These items are not made public when the Commission rejects all bids for a project. A confidential report showing an itemized comparison of the low bid to the final engineer's estimate is produced for bid analysis purposes. Once the Commission awards or rejects the projects at the Commission meeting, the Bid Awards and Bid Tabulations for awarded projects are distributed. [http://epg.modot.org/forms/DE%202017%20Forms/BiddingContract/103.1_award_letter.docx Letters] are prepared to contractors who have been awarded jobs informing them of their notice to proceed date, and the bid opening information is posted to the MODOT web site by the Design Division.<br /> <br /> ==103.1.10 Bid Analysis Process== <br /> <br /> Bids deviate from the final engineers estimate, sometimes significantly, for many reasons. Consideration of the number and quality of bidders, and the disparity among the bidders is the first step of the overall analysis. After this step, the low bidder's price for each individual item is compared to the final engineer's estimate for these items. The Bidding and Contract Services unit notes major deviations and irregularities, such as unbalanced bidding, and investigates, as necessary. Information concerning these situations, when detected, is discussed with the appropriate Central Office personnel and can be grounds for rejection of the bid on a project.<br /> <br /> ==103.1.11 Recommendation for Award or Rejection of Bids==<br /> <br /> Contract Services staff meets with the State Design Engineer after a thorough review of the bids, to discuss the bids received and make their recommendations for project awards. The State Design Engineer discusses the bid information with senior managers where the final recommendation to the Commission for award or rejection of the project is drafted. Prior concurrence of the Division Administrator of FHWA is required for there to be a recommendation to award a federal participation project. The final recommendation is presented to the Commission at its monthly meeting, generally one to two weeks following the bid opening.<br /> <br /> Commissioners are provided with all pertinent information from the bid opening including the final engineer's estimate. After the recommendations are presented, the Commission decides whether to award a contract for construction or reject bids on individual projects. The Commission reserves the right to award or reject any or all bids on any project.<br /> <br /> A meeting with the low bidder may be held following the Commission’s action on projects that are rejected. The meeting involves Central Office staff, district staff, and the contractor. They discuss any items that were bid excessively high or ways to improve the constructability of the project. These ideas may then be incorporated into a future request for bids on the project.<br /> <br /> [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec. 103] of the Missouri Standard Specifications for Highway Construction outlines procedures and obligations involved in the award of a contract to the successful bidder. The resident engineer will be advised of award of a contract upon receiving offical notice that the contractor may proceed with the work.<br /> <br /> [[Category:103 Award and Execution of Contract]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=File:103.1.6.6.1.3-2_update2022.PNG&diff=52119 2022-12-19T14:51:38Z

<p>Hallej1: </p> <hr /> <div></div>

Hallej1 https://epgtest3.modot.org/index.php?title=103.1_Bid_Opening_and_Award_Process&diff=52118 2022-12-19T14:51:02Z

<p>Hallej1: /* 103.1.6.6.1.3 Revisions to Job Special Provisions */</p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:15px; border:1px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;160px&quot; align=&quot;right&quot; <br /> |-<br /> |'''Additional Information'''<br /> |-<br /> |[[media:237.9.3-Due_Dates_2023.pdf|PS&amp;E Due Date Chart]] <br /> |-<br /> |[https://modotweb.modot.mo.gov/BidLettingPlansRoom/Letting/ViewStream/3159?type=general_info Due Date Calendar]<br /> |-<br /> |[[media:103.1.6 Reviewers Checklist.docx|Reviewer's Checklist]]<br /> |-<br /> |'''Forms'''<br /> |-<br /> |[http://epg.modot.org/forms/DE%202017%20Forms/BiddingContract/103.1_award_letter.docx Award Letter]<br /> |-<br /> |'''MoDOT Website'''<br /> |-<br /> |[http://www.modot.org/bidding/ MoDOT Bidding and Contracting Opportunities]<br /> |}<br /> <br /> ==103.1.1 Introduction==<br /> <br /> The goal of MoDOT’s bid opening and award process is to achieve competitive bids by packaging projects in a manner that makes them as attractive as possible to potential bidders. Methods of achieving this goal include, but are not limited to, establishing appropriate bid opening dates for the type of work, maintaining a stable bid opening schedule, and grouping or dividing projects to make them more appealing to bidders.<br /> <br /> ==103.1.2 Bid Opening Location== <br /> <br /> [http://sp/sites/de/Pages/default.aspx Design] will conduct bid openings for all projects within the right-of-way of the state highway system, with two exceptions. Districts may conduct bid openings for “maintenance by contract” projects that cost less than $25,000 or in the case of an “emergency”. All other contracted work must be included in the regularly scheduled monthly bid openings held in Jefferson City.<br /> <br /> Emergency projects are defined as those situations in which conditions threaten the movement of traffic. These situations include: <br /> * The road or a lane of the road is closed, <br /> * Existing conditions threaten to close the road,<br /> * There is risk to the safety of the motoring public.<br /> <br /> In most cases, standard advertising requirements may be shortened for emergency projects. The Design Division will work with the district to determine an appropriate advertising period for emergency projects on a case-by-case basis. It should be noted, bid guaranties (bid bonds) and contract bonds are required on all projects, including emergency projects. <br /> <br /> For maintenance funded contract work with an estimated cost of $25,000 or less, most aspects of the bid opening (i.e. advertising, proposal preparation, opening and award) can be performed in the district. However, Design Division staff is available to assist the district with these items or to perform them for the district. Advertising for these projects shall follow the provisions contained in [[103.1 Bid Opening and Award Process#103.1.7 Advertising Projects for Bid opening and Purchasing Bidding Documents|EPG 103.1.7]]. In addition, bid guaranties (bid bonds) and contract bonds are required on all projects, including maintenance by contract projects. In addition, projects should be combined into efficient combinations so contractors can provide cost effective bids.<br /> <br /> ===103.1.2.1 Emergency Work Procurement Process===<br /> <br /> There may be instances where a failure on our roadway system needs to be repaired immediately. If this cannot be performed with MoDOT forces or on-call, contracts an emergency contract will need to be let. <br /> <br /> '''Emergency Work:''' A member of the Executive Committee and the respective District Engineer (any one) are authorized to award and execute contracts for emergency roadway, bridge, and/or other transportation facility repairs, structure demolition, and/or services necessary for the benefit of public safety. ''All contracts for emergency construction work shall be presented to the Commission for ratification.''<br /> <br /> '''Step 1: Assess the job.''' There will be no plans or line items for this work. A general scope of work and requirements such as time frame of work should be made. A rough estimate should be made based upon historical work and sound engineering judgment. This will be a best value selection instead of low bid and it will not have the normal advertisement to bidders. Therefore, the District Engineer must get an emergency declaration from the Deputy Director and Chief Engineer or Asst. Chief Engineer to proceed. <br /> <br /> The district must decide how the emergency contract should be funded. <br /> <br /> When the repair contract will be funded out of the district cash budget the district must determine the funding source and get the appropriate coding for the project from Financial Services. <br /> <br /> When the contract is desired to be added to the STIP, the District Engineer will send notification to the Statewide Programming group in the Transportation Planning Division along with a copy in writing or email from the Deputy Director and Chief Engineer or Asst. Chief Engineer giving the project an emergency declaration status. Statewide Programming group will start the process of obtaining an emergency STIP amendment. They will work with the District Planning staff to enter the project in SIMS and assign the project a Job number. The Project Manager will submit a request to Financial Services to assign the project a Sam II number for project charge expenses<br /> <br /> If the project is to be federalized, a request will need to be made through the Federal Management Information System (FMIS). There are additional requirements for this funding. It will require being in an approved TIP (if it is an MPO area), environmental cleared, right of way cleared, and railroad cleared. A minimum of three contractors must be solicited and a justification of why the successful contractor was selected. All of this takes time and federal funding would not likely be pursued due to time constraints. But it is an option if so desired. <br /> <br /> Once the funding mechanisms are identified and approved, proceed to Step 2.<br /> <br /> '''Step 2: Solicit interest from a minimum of three contractors if possible.''' (If it is extremely urgent you can waive this, but it is mandatory for federal reimbursement.) Depending on the job, solicitations can be done by phone or with on-site visits. It is important to relay consistent information on the scope and requirements of the project. Since there are no bidding documents, all work will be performed by force account. A best responsive contractor is selected by the district. There is no formal contract. However, a written confirmation by mail or email is recommended. The contractor must be on the MoDOT approved list and insured. Normal job requirements such as DBE requirements, subcontract forms, schedule submittal, etc. will not be mandatory. Payrolls will be needed to verify force accounts. The contractor will submit pay requests and the district will verify the amounts and submit a request for payment to Financial Services to get the contractor paid. Once the contract is complete, Financial Services should be notified so the project may be closed out. No other final paper work or affidavits will be required from the contractor. In the rare instance where federal funding is utilized, FHWA should be contacted to verify whether any additional documentation is required.<br /> <br /> ==103.1.3 Establishing Project Bid Opening Dates==<br /> <br /> ===103.1.3.1 General===<br /> An appropriate bid opening date should be established with the following considerations:<br /> <br /> * Contract time needed for project completion, including the time a contractor needs to secure the required materials. [[103.1 Bid Opening and Award Process#103.1.3.2 Guidelines for Type of Work|EPG 103.1.3.2]] provides guidelines for target award quarters depending on contract time.<br /> * Date when plans, specifications and estimate are complete, right of way clear, utilities clear, agreements executed.<br /> * Uniform availability of work around the state (reviewed by the Design Division).<br /> * Availability of funding. The district should work with the Transportation Planning Division to ensure funding is available and to include projects in the [[121.3 The Statewide Transportation Improvement Program (STIP)|Statewide Transportation Improvement Program]].<br /> <br /> ===103.1.3.2 Guidelines for Type of Work===<br /> Guidelines that may be used in developing preliminary award quarters for a project are listed below. They are based on MoDOT’s low bid experience, categorized by type of work and approximate cost of major work items. These are general guidelines, not rules, and exceptions do exist. This information is only a starting point and the project manager should draw upon the experience of district operations personnel or Design Division as necessary. Note: the number of days specified below refers to working days and not calendar days:<br /> <br /> * 1st Quarter – (July, August &amp; September)<br /> *# Major bridges - over $5 Million <br /> *# Large multi-year corridor projects – over $10 Million<br /> *# Large urban widening projects – over $3 Million and/or more than 120 days<br /> *# Small maintenance jobs (July &amp; August) – under $250,000 and/or less than 30 days<br /> *# Large asphalt or portland cement concrete paving projects – over $10 Million<br /> *# Annual maintenance contracts (“on-call” work)<br /> *2nd Quarter – (October, November &amp; December)<br /> *# Major asphalt paving projects - $4-8 Million and/or contract time 90-120 days<br /> *# Major portland cement concrete paving projects – up to $10 Million and/or 90-120 days<br /> *# Urban widening &amp; rehabilitation - $2-3 Million and/or less than 120 days<br /> *# Leveling course program – October and November<br /> *# Mowing projects - October, November and December<br /> *# Bridge replacements (steel girders) – under $2 Million<br /> *# Large grading projects – 90 – 120 working days<br /> * 3rd Quarter – (January, February &amp; March)<br /> *# Leveling course program – January and February<br /> *# Asphalt resurfacing projects – less than $4 Million<br /> *# Urban widening &amp; rehabilitation – less than $2 Million or less than 90 days<br /> *# Bridge replacements (concrete) – under $2 Million or less than 120 days<br /> *# Large bridge rehabilitation - $1-3 Million<br /> *# Bridge rehabilitation involving low slump, latex modified, or silica fume concrete<br /> * 4th Quarter – (April, May &amp; June)<br /> *# Smaller maintenance projects (completion in current season) – less than $500,000<br /> *# Bridges replacements - $2-5 Million <br /> *# Large multi-year corridor projects – over $10 Million<br /> *# Miscellaneous projects – under $1 Million and/or less than 60 days <br /> *# Annual maintenance contracts (“on-call” work)<br /> <br /> ==103.1.4 Requesting Bid Opening Schedule Changes== <br /> <br /> Once a project has been programmed in the [[121.3 The Statewide Transportation Improvement Program (STIP)|Statewide Transportation Improvement Program]], it is a MoDOT commitment. Further, contractors plan their work according to the bid opening schedule so maintaining its stability is crucial to receiving competitive bids. Every effort must be made to deliver the project on time and within budget. However, if circumstances require a project not be let at the committed bid opening date, the district shall request a change in the bid opening schedule through Transportation Planning. The District Engineer must approve jobs moving to a new fiscal year.<br /> <br /> ==103.1.5 Packaging Projects for Bid Opening== <br /> <br /> It is desirable to “package” projects to make them as attractive to bidders as possible, particularly in areas of the state with limited competition. [http://sp/sites/de/Pages/default.aspx Design] is available for consultation in determining prospective bid competition. Similarly the Design Division can assist the district in developing attractively packaged projects.<br /> <br /> Small projects may need to be combined, while large projects may need to be split apart. Materials availability is also a concern when scheduling certain work types. The number of different work types should be reduced as much as practical (i.e., a small quantity of asphalt with a small quantity of concrete). For certain particularly complex projects, there is a benefit to having one contractor in charge of the entire project. Required combinations are recommended for several small projects with similar work within a reasonable distance from one another. Packaging them together often makes them “economically attractive” to more bidders. Required combinations are also helpful when combining a medium to large project with a single small project in an area. The small project alone may not attract any bidders. Combining it with a more desirable project will increase its chance of being completed.<br /> <br /> ==103.1.6 Assembling Bidding Documents== <br /> <br /> When the plans, specifications and estimate are [[237.9 Submission of Plans and Supporting Documents|submitted by a district]], the Bidding and Contract Services Section of Design is responsible for assembling all of the required information into bidding documents that consist of: Request for Bid, Bid Proposal, and Contract Plans. The Bidding and Contract Services unit of Design uses a [[media:103.1.6 Reviewers Checklist.docx|checklist]] while processing the plans, specification and estimate and assembling bidding documents. The checklist identifies the necessary documents that the district must provide with the plan submittal and common errors found in the review of plans. The process begins by making sure all necessary documents have been submitted. This includes the following:<br /> <br /> * All district plans, consultant plans, bridge plans, and any utility relocation or other miscellaneous plans, job special provisions, and estimates have been submitted.<br /> * The status of R/W, utilities, and railroad work has been submitted. If the contractor's access to the project is limited due to right of way or utility problems the district should refer to the &quot;[http://lnapp2/AO/Director.nsf/1e504c9648ade91c86256a6f0065580c/884b87abe3a6dc398625720a0069323a/$FILE/policy.pdf Commission Procedure for Liability Acceptance]&quot;) to determine an appropriate plan of action as early in the process as possible. Once the plans have been submitted, a committee consisting of the appropriate Design Liaison Engineer and the Assistant State Design Engineer review the project for applicability to the &quot;Commission Procedure for Liability Acceptance&quot;. If a determination of how to proceed cannot be made by this committee, the matter is referred to the Chief Counsel's Office. In either case, at this point it is often too late to cure restrictions on the contractor's ability to have full and free access to the project, thus creating an acceptance of liability risk if the project remains in the scheduled bid opening. If the job special provisions are not or cannot be drafted to adequately deal with these risks, the Chief Counsel's Office will request a delay in the bid opening.<br /> * Proper Corps of Engineers 404 and Missouri Department of Natural Resources 401 permits have been issued.<br /> * Municipal, county or other funding agreements have been executed, and funds have been deposited as required by the agreement.<br /> <br /> ===103.1.6.1 Assembling Request for Bid===<br /> <br /> The orange-covered Request for Bid is made up of 3 components: The &quot;boilerplate&quot; contract pages, the itemized bid, and the job special provisions.<br /> <br /> ====103.1.6.1.1 Assembling &quot;Boilerplate&quot; Contract Pages==== <br /> <br /> The Bidding and Contract Services unit performs the following steps to assemble the &quot;boilerplate&quot; contract pages:<br /> <br /> # Preliminary review of plans, specifications and estimate, including the workday study to provide the job description and ensure adequate contract time.<br /> # Obtain the required DBE percentage and trainee goal for the project from the External Civil Rights Office.<br /> # Insert job number, project description, bid opening date, contract time, liquidated damages, and DBE percentage/Trainee Goal into a standard format for either a federal-aid or state project contract.<br /> # Ensure all supporting documents are included with the Request for Bid, including any necessary permits, asbestos survey inspection sheets, electronic geotechnical data, etc.<br /> <br /> ====103.1.6.1.2 Assembling Itemized Bid Pages==== <br /> <br /> The Bidding and Contract Services unit performs the following steps to assemble the itemized bid:<br /> <br /> * Check that quantities on 2B sheets match quantities and pay items on the estimate and tabulation of quantities.<br /> * Verify that all pay item numbers are on the [http://www.modot.mo.gov/business/contractor_resources/biditemslisting.htm current listing of standard pay items].<br /> * Verify all lines on the itemized bid list are consistent with the bidding proposal and include lines for “section total” for roadway items and “section total” for bridge items”, etc.<br /> * Add coding for permitted/required combinations and alternate paving jobs.<br /> * Ensure estimate split-outs for financing by others are calculated correctly.<br /> * Create itemized bid sheets for Request for Bid.<br /> <br /> ====103.1.6.1.3 Assembling Job Special Provisions==== <br /> <br /> The Bidding and Contract Services unit performs the following steps to assemble the job special provisions:<br /> <br /> * Proofread job special provisions, and format where necessary.<br /> * Ensure that the [https://spexternal.modot.mo.gov/sites/de/JSP/Forms/JSPByTitle.aspx current standardized job special provisions] are used.<br /> * Spot check for commonly missed job special provisions.<br /> * Add appropriate &quot;General&quot; special provision indicating current required wage rate provisions and other job special provisions to be inserted by Central Office.<br /> <br /> ===103.1.6.2 Assembling Bid Proposal=== <br /> <br /> The blue-covered Bid Proposal is assembled by the Bidding and Contract Services unit and is used by the contractor to submit their bid. It is identical to the Request for Bid, except that it does not include the job special provisions. In addition, the pages to be filled out by the bidder are printed on colored paper.<br /> <br /> ===103.1.6.3 Assembling Contract Plans=== <br /> <br /> The contract plans are a compilation of roadway plans, bridge plans, and any other miscellaneous plans that may be included in the scope of the project (i.e. utility relocation plans). The Bidding and Contract Services unit performs the following steps to assemble the contract plans:<br /> <br /> * Review plans for implementation of [[:Category:143 Practical Design|Practical Design]]. Some Practical Design issues identified at this time include:<br /> :*Superpave on minor routes<br /> :*Bridge approach slabs on minor routes<br /> :*Full depth shoulders<br /> :*Shoulder paving on minor routes<br /> :*Pavement thicknesses exceeding existing<br /> :*Optional and alternate pavement not used<br /> :*Bridge replacement projects with large quantities of pavement replacement<br /> :*Excessive bridge widths on minor routes<br /> :*Temporary bypasses<br /> :*Bridge stage construction instead of road closure<br /> :*Bridge design frequencies too high<br /> :*Bridge lengths longer that existing<br /> :*Safety zones on minor routes<br /> :*Unbalanced earthwork<br /> * Verify pavement design and typical sections concur with the pavement group recommendation.<br /> * Check plans against title sheet index to be sure all plans have been included. Combine bridge plans with roadway plans. Ensure plans have been signed and sealed.<br /> * Verify that the most current standard plan sheets and other special sheets have been used.<br /> * Review plans for commonly missed items.<br /> * Create 2A sheet from the estimate.<br /> <br /> ===103.1.6.4 Time Requirements for Assembling and Printing Bid Documents=== <br /> <br /> Under ideal circumstances, it should take approximately a week to process a set of plans and a day or two to print the bidding documents, allowing a minimum of two weeks for review of and changes to the preliminary bidding documents prior to advertising the project for bid opening. A [[media:237.9.3-Due_Dates_2023.pdf|chart identifying the bid opening dates, PS&amp;E due dates and print dates]] is established by the Design Division. It is important that the districts comply with this schedule to ensure efficient processing and printing of the projects.<br /> <br /> ===103.1.6.5 Electronic Posting of Bid Documents=== <br /> <br /> Once the bid documents are complete, the Design Division posts an electronic version of the [http://www.modot.mo.gov/business/contractor_resources/bidOpenIndex.shtml itemized proposal] for each project on MoDOT’s website. These files may be downloaded and completed by contractors using [http://www.modot.mo.gov/business/contractor_resources/bid_opening_info/software.shtml ExpediteTM software]. Contractors may print a copy of their completed itemized proposal and return it as part of their submitted bid. Advantages to using the electronic itemized proposal include: less data entry time for the contractor, less chance for mathematical errors and omissions in the bidding process and more legible bids. <br /> <br /> The contractor may submit bids electronically via the internet. Bids submitted electronically shall use the latest version of [http://www.modot.mo.gov/business/contractor_resources/bid_opening_info/software.shtml Trns Port Expedite Bid,] and be submitted using the [http://www.bidx.com BidExpress® website]. Guidelines for [http://www.modot.mo.gov/eBidLettingPublicWeb/viewStream.do?documentType=software&amp;key=40 How To Submit Bids Electronically] are available on MoDOT’s website.<br /> <br /> The Design Division also provides electronic files of bidding documents to approved external groups that post them in private electronic plans rooms. These electronic plans rooms allow subscribing members to view electronic versions of bidding documents and order printed versions of the documents. Advantages to sharing the documents in these electronic plan rooms include: quick access to bidding documents by potential bidders, communications with a broader competition base and better opportunities for connections between prime contractors and subcontractors.<br /> <br /> ===103.1.6.6 Changes to Bid Documents=== <br /> <br /> The method of correcting errors in bidding documents is dependent on both the magnitude of the error, and when the error is discovered. The Bidding and Contract Services unit will evaluate whether a change to the bidding documents is necessary and what impacts the addendum may have on the bid. If the error is discovered before the bidding documents are printed, the correction is fairly simple unless it requires redesign and re-submittal of signed and sealed plans, specifications and estimate. This will require from a few days to several weeks.<br /> <br /> If the error is discovered after the project is advertised, then the change has to be made manually to the bidding documents as described above, plus it must be sent as an addendum by express mail or “return-receipt” fax to all plan holders and an electronic copy of the addendum are posted to the MoDOT web site, which is a complicated and costly process. If the express mail receipt or fax form is not returned, the plan holders must be contacted by telephone to verify whether or not the addendum was received, and if not, the addendum must be re-faxed to that bidder. Bids that do not include all addenda issued may be declared non-responsive, and again, the result may be unfair competition.<br /> <br /> If the error is undetected by MoDOT, but is recognized by a few of the bidders, the result is unfair competition. The bidders that are aware of the error may unbalance their bids, again resulting in unfair competition.<br /> <br /> Errors in the bidding documents have caused the Commission to reject all bids on projects. This decision delays the construction of the project, and results in additional costs in re-advertising and re-bidding the project. If the project is awarded, then the Commission <br /> * is likely to pay for change orders in addition to the original contract amount which affects the district's budget, <br /> * is exposed to a claim/law suit from the successful bidder for either more money or more contract time or both,<br /> * is exposed to a law suit from the unsuccessful bidders that had they known the true nature of the project, they could have provided lower bids, <br /> * is at risk of criticism from FHWA and the State Auditor that MoDOT added work to a contract that did not go through the required competitive bidding process.<br /> <br /> ====103.1.6.6.1 Identification of Revisions in Addendums====<br /> {|style=&quot;padding: 0.3em; margin-left:15px; border:2px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;160px&quot; align=&quot;right&quot; <br /> |-style=&quot;background:#f5f5f5&quot; <br /> |'''For More Information'''<br /> |-<br /> |[[237.9 Submission of Plans and Supporting Documents#237.9.3 PS&amp;E Submittal Guidelines|EPG 237.9.3 PS&amp;E Submittal Guidelines]]<br /> |}<br /> MoDOT clearly identifies revisions to the plans, specifications and estimate when issuing addendums (or kites). Clearly identified addendums avoid confusion for the bidders, especially when the addendums are issued only 1 to 1 ½ weeks prior to the bid opening. The following indicates the process for identifying the various revisions to the plans, specifications and estimate. <br /> <br /> =====103.1.6.6.1.1 Revisions to Plan Sheets=====<br /> [[image:103.1.6.6.1.1 triangles.jpg|right|35px]]<br /> The designer should use a triangle with the corresponding number of the addendum to identify any changes on the plan sheet. All revisions for the first addendum will be identified with a triangle and a “1” in it, all revisions for the second addendum with a “2” in it, revisions for the third addendum with a “3” in it, etc. To keep from having several revised dates on various plan sheets, the date will only be specified in the revision letter issued by [http://sp/sites/de/Pages/default.aspx Design]. No revised date will be specified on the plan sheets. Below are examples of how the revisions should be identified. <br /> <br /> [[image:103.1.6.6.1.1 changes on plan sheet.jpg|center|575px]]<br /> <br /> [[image:103.1.6.6.1.1 quantities.jpg|center|575px|thumb|&lt;center&gt;'''The revised new quantity should be located by the triangle symbol and outlined with a solid line. The existing quantity should be outlined with a dashed line.'''&lt;/center&gt;<br /> ]]<br /> <br /> =====[[237.9 Submission of Plans and Supporting Documents#Deleted Sheet|Delete Sheet]]=====<br /> If there are multiple revisions to a plan sheet and it would be clearer to create a new plan sheet, the district should mark an “X” through the existing plan sheet and create a new plan sheet. The deleted sheet should be designated with the triangle symbol and the note “Delete Sheet”. Do not delete the original file in ProjectWise. The deleted sheet with the “X” marked through it should contain the engineer’s seal.<br /> <br /> [[image:103.1.6.6.1.1 delete sheet.jpg|center|575px|thumb|&lt;center&gt;'''Delete Sheet'''&lt;/center&gt;]]<br /> <br /> =====[[237.9 Submission of Plans and Supporting Documents#Added Sheet|Add Sheet]]=====<br /> The new sheet should be designated with a note “Add Sheet” and the sheet number updated with an “A” (i.e., if deleting Sheet 21, then new sheet number will be 21A). <br /> <br /> [[image:103.1.6.6.1.1 add sheet.jpg|center|625px|thumb|&lt;center&gt;'''Add Sheet'''&lt;/center&gt;]]<br /> <br /> =====103.1.6.6.1.2 File Naming Convention for Plan Sheet Changes=====<br /> <br /> The file name for the first addendum must be changed to add a _R001 at the end of the existing file name. The second addendum will need a _R002 added to the end of the file name, etc. The user must create a duplicate file with the new file naming convention as the program will no longer automatically generate the new file name. The user will make the changes necessary for the addendum to the duplicate file. Examples of the file names for the first addendum are shown below.<br /> <br /> It is important that the project manager only use the _R001 extension for the first addendum, R002 for the second addendum, etc. The designer and the project manager will have the authority to change the file name on any file with a state of “Sign and Sealed” or “In Review” in the Contract Plans Folder. They will also have the authority to create new folders in the Contract Plans Folder. See example file names below: <br /> <br /> ::001_TITLE_J0I1234_I1_R001.pdf <br /> ::002_TS_01_J0I1234_I100_R001.pdf <br /> ::003_QU_01-02_J0I1234_I1_001_R001.pdf<br /> ::003_QU_01-02_J0I1234_I1_002_R001.pdf<br /> ::003_QU_01-02_J0I1234_I1_002_R002.pdf<br /> ::003_QU_03_J0I1234_I1_2BS.pdf<br /> ::180119_G02_J0I1234_Addendum_Letter_R001.pdf<br /> ::180119_G02_J0I1234_Addendum_Letter_R002.pdf<br /> ::180119_G02_J0I1234_Bid_Book.pdf<br /> ::180119_G02_J0I1234_Bid_Book_R001.pdf<br /> ::180119_G02_J0I1234_JSP_Roadway<br /> ::180119_G02_J0I1234_JSP_Roadway_R002<br /> ::XS_001-012_J0I1234_I5_RTE23_001.pdf<br /> ::XS_001-012_J0I1234_I5_RTE23_001_R001.pdf<br /> ::XS_001-012_J0I1234_I5_RTE23_002.pdf<br /> <br /> CADD has created the “revision” notes in MicroStation to simplify the process and also to ensure consistency in the font and size of notes used for the revisions. <br /> <br /> The revision cells for addendums are located under the Tasks in MicroStation. The cells are stored under the following group as shown in the image below (Tasks / MoDOT Design CADD Standards / Plan Sheets – Notes / General Construction). <br /> <br /> [[image:103.1.6.6.1.2 plan sheet 2016.jpg|center|575px]]<br /> <br /> =====103.1.6.6.1.3 Revisions to Job Special Provisions=====<br /> <br /> The district should identify any revisions in the JSPs by changing the color of the font to red for any additions and striking through the text for any deletions. Do not use the track mode to highlight or strike through changes because when the reviewer accepts the tracked changes all the strike-through language becomes deleted. The strike-through language should still appear in the addendum to identify the text that is being removed. Save the file in ProjectWise under the Specifications and Estimate folder with the signature block completed. The reviewer will enter the revision number and date in the signature block. The file should be saved as:<br /> <br /> ::::Job#_JSP_Roadway01_of_01_R001.pdf<br /> <br /> The reviewer will then highlight the changes and note the revision, as shown in the example below:<br /> <br /> [[image:103.1.6.6.1.3_update2022.PNG|center|575px]]<br /> <br /> =====103.1.6.6.1.4 Revisions to Estimate or Schedule of Items=====<br /> <br /> The district should strike through any deletions and identify any changes or additions on the existing copy of the estimate, then e-mail a pdf of the revised marked-up estimate to the reviewer.<br /> <br /> Once all revisions have been finalized, the project manager shall notify the reviewer via e-mail that the addendum is ready for processing.<br /> <br /> ==103.1.7 Advertising Projects for Bid opening and Purchasing Bidding Documents== <br /> <br /> Under state law, projects must be advertised for bid opening in a newspaper published in the county in which the project will be constructed. Further, FHWA requires a project be advertised at least three weeks before bids are to be received. In addition to newspaper advertisements, MoDOT also issues a [http://www.modot.mo.gov/business/contractor_resources/bidOpenIndex.shtml Notice of Bid Opening], which is available on the MoDOT web site. MoDOT, at the request of the AGC, has chosen to generally use a 5-week advertising period to allow contractors adequate time to properly prepare their bids. Once the project has been advertised for bid opening, contractors and suppliers may download the Contract Plans, Requests for Bid, and Electronic Deliverables at no cost. All downloads of the electronic deliverables are recorded and used for notification purposes in the event of an addendum. When downloading the electronic deliverables, the contractor has the option to be identified as a plan holder. This &quot;Plan Holders List&quot; is presently available to the public and is located on MoDOT’s website.<br /> <br /> ==103.1.8 Final Engineer's Estimate==<br /> <br /> The Final Engineer’s Estimate is an independent assessment of a project’s fair market cost that is required by federal law. It is developed at the time a project is publicly advertised for the purpose of receiving bids. The Final Engineer’s Estimate shall be confidential and shall not be publicly released. It is used as the basis for the award or rejection of bids for a project irrespective of any other estimate.<br /> <br /> ==103.1.9 Bid Opening== <br /> <br /> Bidders may submit paper bids or bids electronically using the [http://www.bidx.com BidExpress® website]. Only bidders who have a [http://www.modot.mo.gov/business/contractor_resources/documents/Contractor_Questionnaire.pdf Contractor Questionnaire] on file seven days before bid opening are permitted to submit bids for a project. The list of qualified bidders is kept by the Central Office Construction Division and provided to the Secretary to the Commission. Bidders that choose to submit bids via the internet shall have on file with the Commission an “[http://www.modot.mo.gov/eBidLettingPublicWeb/viewStream.do?documentType=software&amp;key=41 Internet Bidding Agreement]”, a copy of which can be found on MoDOT’s website. This agreement shall be initiated by the prospective bidder and submitted to the Commission. A bid will not be opened and read unless a fully executed agreement is on file with the Commission at least seven days prior to the time set for the opening of the bids.<br /> <br /> Paper bids are delivered to the Commission Secretary's Office by 11:00 a.m. on bid opening day, and qualified bids are logged in as they arrive. At 11:00 a.m. the paper bids are opened and the electronic bids are uploaded from the [http://www.bidx.com BidExpress® website]. All bids are given a cursory check to ensure all required documents are submitted by the bidder. The bids are then marked for public reading by the State Design Engineer. Bids are read in the Commission Hearing Room to an audience of mostly contractors. The &quot;Bids As Read&quot; report is available on the Internet and as a printed document during the bid opening process. The Bids as Read on the [http://www.bidx.com BidExpress® website] are called Apparent Bid Results and are generated immediately after all bids are uploaded during the letting. MoDOT also generates the [http://www.modot.mo.gov/business/contractor_resources/bidOpenIndex.shtml Bids as Read report] and posts it to the MoDOT website, generally no later than 12:00 noon. MoDOT’s Bids as Read report provides additional information that is not provided on the BidExpress® website, including maximum monetary bond and the pavement type for alternate bid projects. Guidelines for viewing the two versions of [http://www.modot.mo.gov/eBidLettingPublicWeb/viewStream.do?documentType=general_info&amp;key=297 Bids As Read] are posted on MoDOT’s website.<br /> <br /> Each individual item of the paper bids is then entered into the computer. Any discrepancy between bids as read, and bids as tabulated through the computer, are investigated and resolved by the Bidding and Contract Services unit. The bids as tabulated through the computer are the official bids. &quot;Bid Tabulations&quot; which show itemized bids are then printed, along with the &quot;Summary of Bid Opening&quot; which shows the totals for the low and second low bidder for each job. The total bids shown on the Summary of Bid Opening are public information. However, the individual item bids shown on the Bid Tabulations are not made public until the Commission awards a project. These items are not made public when the Commission rejects all bids for a project. A confidential report showing an itemized comparison of the low bid to the final engineer's estimate is produced for bid analysis purposes. Once the Commission awards or rejects the projects at the Commission meeting, the Bid Awards and Bid Tabulations for awarded projects are distributed. [http://epg.modot.org/forms/DE%202017%20Forms/BiddingContract/103.1_award_letter.docx Letters] are prepared to contractors who have been awarded jobs informing them of their notice to proceed date, and the bid opening information is posted to the MODOT web site by the Design Division.<br /> <br /> ==103.1.10 Bid Analysis Process== <br /> <br /> Bids deviate from the final engineers estimate, sometimes significantly, for many reasons. Consideration of the number and quality of bidders, and the disparity among the bidders is the first step of the overall analysis. After this step, the low bidder's price for each individual item is compared to the final engineer's estimate for these items. The Bidding and Contract Services unit notes major deviations and irregularities, such as unbalanced bidding, and investigates, as necessary. Information concerning these situations, when detected, is discussed with the appropriate Central Office personnel and can be grounds for rejection of the bid on a project.<br /> <br /> ==103.1.11 Recommendation for Award or Rejection of Bids==<br /> <br /> Contract Services staff meets with the State Design Engineer after a thorough review of the bids, to discuss the bids received and make their recommendations for project awards. The State Design Engineer discusses the bid information with senior managers where the final recommendation to the Commission for award or rejection of the project is drafted. Prior concurrence of the Division Administrator of FHWA is required for there to be a recommendation to award a federal participation project. The final recommendation is presented to the Commission at its monthly meeting, generally one to two weeks following the bid opening.<br /> <br /> Commissioners are provided with all pertinent information from the bid opening including the final engineer's estimate. After the recommendations are presented, the Commission decides whether to award a contract for construction or reject bids on individual projects. The Commission reserves the right to award or reject any or all bids on any project.<br /> <br /> A meeting with the low bidder may be held following the Commission’s action on projects that are rejected. The meeting involves Central Office staff, district staff, and the contractor. They discuss any items that were bid excessively high or ways to improve the constructability of the project. These ideas may then be incorporated into a future request for bids on the project.<br /> <br /> [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec. 103] of the Missouri Standard Specifications for Highway Construction outlines procedures and obligations involved in the award of a contract to the successful bidder. The resident engineer will be advised of award of a contract upon receiving offical notice that the contractor may proceed with the work.<br /> <br /> [[Category:103 Award and Execution of Contract]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=File:103.1.6.6.1.3_update2022.PNG&diff=52117 2022-12-19T14:44:20Z

<p>Hallej1: </p> <hr /> <div></div>

Hallej1 https://epgtest3.modot.org/index.php?title=Category:134_Engineering_Professional_Services&diff=51944 2022-10-28T16:01:26Z

<p>Hallej1: /* 134.3.5 Subconsultants */</p> <hr /> <div>{| style=&quot;margin: 1em auto 1em auto&quot; align=&quot;right&quot;<br /> |-<br /> |[[Image:EPSG pic.jpg|right|400px]]<br /> |-<br /> |<br /> {| style=&quot;padding: 0.3em; text-align: left; margin-left:9px; border: 2px solid #cccccc; font-size: 95%; background:#f5f5f5&quot; width=&quot;395px&quot; align=&quot;right&quot; <br /> |-<br /> |align=&quot;center&quot;|'''Helpful Links for Engineering Policy'''<br /> |-<br /> |[http://www.modot.org/business/consultant_resources/BridgeSpecialProvisions.htm Bridge Special Provisions]<br /> |-<br /> |[http://www.modot.org/business/consultant_resources/bridgestandards.htm Bridge Standard Drawings]<br /> |-<br /> |[http://www.modot.org/business/standards_and_specs/geopakstandards.htm GEOPAK and Microstation Drawing Standards]<br /> |-<br /> |[http://www.modot.org/business/consultant_resources/ProjectCostEstimation.htm Project Cost Estimation]<br /> |-<br /> |[http://ghepg02/index.php?title=Category%3A321_Geotechnical_Engineering EPG 321 Geotechnical Engineering]<br /> |-<br /> |[http://gpsweb3.modot.mo.gov MoDOT GPS Reference Station Network]<br /> |-<br /> |[http://contribute.modot.mo.gov/business/consultant_resources/documents/LPABrochure04.17.13.pdf Engineering Consultant Services Brochure]<br /> |} <br /> |}<br /> <br /> <br /> ==134.1 Introduction==<br /> <br /> In order to deliver projects, there may be occasions when additional engineering professional services and expertise are needed for a variety of reasons. EPG 134 Engineering Professional Services is a guide for soliciting, selecting and managing consultant contracts. Professional services are defined under the federal law, The Brooks Act, 40 USC 1102. Most consulting services used by MoDOT are included in the federal description of professional services, therefore MoDOT must follow the federal guidelines outlined in the Brooks Act for soliciting and selecting a consultant. All documentation related to the professional services procurement must be stored in eProjects under the “DE Consultant Document” content type.<br /> <br /> ===134.1.1 Federal Law===<br /> The Brooks Act, [https://www.gpo.gov/fdsys/pkg/USCODE-2012-title40/html/USCODE-2012-title40-subtitleI-chap11.htm 40 USC 1101 – 1104], [https://www.law.cornell.edu/cfr/text/23/172.3 23 CFR 172.3] (Public Law 92-582, 1972) requires agencies to “promote open competition by advertising, ranking, selecting and negotiating contracts based on demonstrated competence and qualifications for the type of engineering and design services being procured, and at a fair and reasonable price.” &lt;u&gt;This requirement applies to all federally funded projects.&lt;/u&gt; This is commonly referred to as Qualifications Based Selection or QBS, meaning a firm is chosen based on qualifications and not price.<br /> <br /> ===134.1.2 State Law===<br /> Commonly referred to as the “Mini-Brooks Act”, the State of Missouri, in [https://revisor.mo.gov/main/OneChapter.aspx?chapter=8 sections 8.285 thru 8.291 RsMO], requires Qualification Based Selection (QBS) for all architectural, engineering and land surveying professional services and reflects the language contained in the federal legislation. &lt;u&gt;This requirement applies to ALL projects in Missouri regardless if it contains federal funds or not.&lt;/u&gt; However, federal laws supersede state laws if federal funds are used on a project. <br /> <br /> ===134.1.3 Consultant Qualification===<br /> {| style=&quot;padding: 0.3em; text-align: left; margin-left:9px; border: 2px solid #cccccc; font-size: 95%; background:#f5f5f5&quot; width=&quot;375px&quot; align=&quot;right&quot; <br /> |-<br /> |align=&quot;center&quot;|'''Forms and Figures'''<br /> |-<br /> |[[media:134.2.2 Jan 2020.docx|Fig. 134.2.2 Processing Standard Consultant Contracts Checklist]]<br /> |-<br /> |[[media:134.2.2.2 2019.docx|Fig. 134.2.2.2, Solicitation and Request Letter]]<br /> |-<br /> |[[media:134.2.2.5.1 May 2017.doc|Fig. 134.2.2.5.1, Consultant Rating Form]]<br /> |-<br /> |[https://epg.modot.org/forms/DE%202017%20Forms/LPA/134.2.2.5.2.doc Fig. 134.2.2.5.2, Consultant Selection Rating Summary]<br /> |-<br /> |[[media:134.2.2.5.3 Oct 2021.docx|Fig. 134.2.2.5.3, Consultant Selection Approval Letter]]<br /> |-<br /> |[[media:134.2.2.5.4 2021.docx|Fig. 134.2.2.5.4, District/Division Approval of Short List]] <br /> |-<br /> |[https://epg.modot.org/forms/DE%202017%20Forms/LPA/134.2.2.5.5.doc Fig. 134.2.2.5.5, Sample Criteria and Point Values for Rating Presentations/Interviews]<br /> |-<br /> |[[media:134.2.2.5.6 2016.docx|Fig. 134.2.2.5.6, Invitation to Present]]<br /> |-<br /> |[[media:134.2.2.5.7 2016.docx|Fig. 134.2.2.5.7, Sample Letter to Interview ]]<br /> |-<br /> |[[media:134.2.4 July 11 2017.doc|Fig. 134.2.4 Processing On-Call/MOU Consultant Contracts Checklist]] <br /> |-<br /> |[[media:134.3.1 2017.doc|Fig. 134.3.1, District Checklist for Reviewing Executed Consultant Contracts]]<br /> |-<br /> |[[media:134.3.2 2021.pdf|Fig. 134.3.2, MoDOT Allowable Profit Curve]]<br /> |-<br /> |[https://epg.modot.org/forms/DE%202017%20Forms/LPA/134.3.6.1.1%20Common%20Unallowable%20Costs.pdf Fig. 134.3.6.1.1, Common Unallowable Costs]<br /> |-<br /> |[https://epg.modot.org/forms/DE%202017%20Forms/LPA/134.3.6.1.2.pdf Fig. 134.3.6.1.2, Overhead Schedule Example ]<br /> |-<br /> |[[media:134.4.1 2022.docx|Fig. 134.4.1, PSC Approval to Execute Contract ]]<br /> |-<br /> |[[media:134.4.2 2016.docx|Fig. 134.4.2, Notice to Proceed (NTP) Letter ]] <br /> |-<br /> |[[media:134_5_1_1_2021.xlsx|Fig. 134.5.1.1, Blank Consultant Invoice ]]<br /> |-<br /> |[[media:134.5.1.2 July 31, 2012.docx|Fig. 134.5.1.2, MoDOT Consultant Invoice Checklist ]] <br /> |- <br /> |[[media:134.5.1.3 2020.xlsx|Fig. 134.5.1.3, Blank Consultant Invoice - Hourly Rate Contracts (only)]] <br /> |- <br /> |[[media:134.5.1.4.docx|Fig. 134.5.1.4, MoDOT Consultant Invoice Checklist - Hourly Rate Contracts (only)]] <br /> |-<br /> |[[media:134.5.1.5 Sept 2012.xlsx|Fig. 134.5.1.5, Example Invoice ]] <br /> |-<br /> |[[media:134.5.2 2017.docx|Fig. 134.5.2, PSC Approval to Execute Supplemental Agreement ]]<br /> |-<br /> |align=&quot;center&quot;|'''Additional Information'''<br /> |-<br /> |[[237.14 Electronic Design Data Delivery (BIM Deliverables)#237.14.4 Specifications of Electronic Design Data for Consultants and MoDOT|EPG 237.14.4 Specifications of Electronic Design Data for Consultants and MoDOT]]<br /> |}<br /> Effective January 1, 2013, all &lt;u&gt;prime consultants&lt;/u&gt; must be prequalified to perform engineering services on any project. To become prequalified, consultant firms must submit the following: <br /> <br /> :1. Statement of Qualifications (SOQ) <br /> :2. Registered to conduct business in the State of Missouri (Certificate of Good Standing) and hold a Certificate of Authority with the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors and Professional Landscape Architects. (Note: A Certificate of Authority is not required for sole proprietorships or partnerships. It is only required if the firm is incorporated or registered as a limited liability company. For sole proprietorships and/or partnerships, individual professional license certificates must be submitted in lieu of the Certificate of Authority. In addition, the Certificate of Authority is not required for firms that do work outside the jurisdiction of the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors and Professional Landscape Architects.)<br /> :3. Current E-Verify MOU and E-Verify Affidavit <br /> ::* E-Verify MOU – one-time submittal<br /> ::* E-Verify Affidavit - yearly<br /> :4. Current Annual Financial Prequalification with MoDOT<br /> ::* Step-by-step [https://www.modot.org/consultant-prequalification instruction for becoming prequalified] and a [https://www.modot.org/consultant-prequalification-list list of pre-qualified consultant firms] can be found on [https://www.modot.org/design-related-consultant-services MoDOT's Consultant Services webpage]. <br /> ::* This annual financial prequalification is valid for one year.<br /> &lt;div id=&quot;5. MoDOT Bridge Consultants Only (Not required for LPA Consultants)&quot;&gt;&lt;/div&gt; <br /> :5. &lt;u&gt;MoDOT Bridge Consultants Only (Not required for LPA Consultants)&lt;/u&gt;): All bridge plans for MoDOT projects must be signed and sealed by a professional engineer from a prequalified firm for bridge design (with the firm’s logo shown in the title block of the bridge plans). For consultants who wish to become prequalified to perform bridge design, the consultant must submit a Bridge Experience Profile and a Personal Bridge Experience Record. These forms can be found on [https://www.modot.org/bridge-information MoDOT's Consultant Resources webpage] and must be updated every 3 years. In addition, the consultant must have a QA/QC plan on file with MoDOT which must be updated every 3 years. The prime consultant is not required to be prequalified for bridge design &lt;u&gt;unless&lt;/u&gt; the scope of work performed by their firm includes bridge design. For more information, please contact MoDOT's Bridge Division. <br /> <br /> The prequalification process complies with AASHTO guidelines published in the [https://audit.transportation.org/wp-content/uploads/sites/14/2019/08/UAAG-3-FINAL.pdf ''Uniform Audit &amp; Accounting Guide, 2012 Edition'']. This prequalification process ensures projects are in compliance with state and federal regulations. <br /> <br /> The prequalification is only required for prime consultants. Subconsultants are strongly encouraged to become prequalified in order to reduce repetitive paperwork for future projects. For more information on subconsultant requirements see [[#134.3.5 Subconsultants|EPG 134.3.5 Subconsultants]].<br /> <br /> For prequalification requirements for LPA consultants, see [[136.4 Consultant Selection and Consultant Contract Management|EPG 136.4.1.5 Consultant Qualification]].<br /> &lt;div id=&quot;Non-Profit and Governmental Indirect Cost Rate Requirements&quot;&gt;&lt;/div&gt;<br /> <br /> '''Non-Profit and Governmental Indirect Cost Rate Requirements'''<br /> <br /> In order to claim indirect costs for grant reimbursement, each such sub-recipient is required to annually submit a signed cost allocation plan for review and acceptance by MoDOT. The rate must be audited by an independent certified public accountant (CPA) firm with experience in preparing cost allocation plans for non-profit or governmental organizations in accordance with [http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl 2 Code of Federal Regulations (CFR) 200]. <br /> <br /> Compliance with 2 CFR 200 requires MoDOT to review the following documents: <br /> <br /> :1. Cost allocation plan<br /> :2. Organization chart<br /> :3. Employee time sheet sample showing allocation of direct and indirect labor hours<br /> :4. Audited schedules of indirect costs and fringe benefits<br /> :5. Audited, reviewed or compiled financial statements<br /> :6. Certification of indirect costs<br /> :7. Listing of grants/contracts with MoDOT<br /> <br /> ===134.1.4 Conflict of Interest===<br /> A conflict of interest occurs when a consultant has a financial or personal interest in a federally funded project. To avoid a potential conflict of interest, see [https://www.ecfr.gov/cgi-bin/text-idx?SID=004674eb2f1f808c87da0c3713c3662e&amp;mc=true&amp;node=se23.1.1_133&amp;rgn=div8 23 CFR 1.33] for the federal law governing Conflict of Interest.<br /> <br /> ===134.1.5 Suspension/Debarment===<br /> All consultants receiving individual awards and all subrecipients/subconsultants must certify that the organization and its principles are not suspended or debarred. Each MoDOT Project Manager should check the [https://www.dol.gov/ofccp/regs/compliance/preaward/debarlst.htm Non-procurement List]. The [https://www.visualofac.com/regulations/excluded-parties-list-system/ Excluded Parties List Systems] is also available at that website. Copies of the list may be obtained by purchasing a yearly subscription from the Superintendent of the Documents, US Government Printing Office, Washington, DC 20402 or by calling the Government Printing Office inquiry and Order Desk at (202)783-3238. The user will be required to record their name and organization for purposes of the Computer Matching and Privacy Act of 1988.<br /> <br /> ===134.1.6 Frequently Asked Questions===<br /> A list of FAQs regarding consultant issues can be found on [http://www.fhwa.dot.gov/programadmin/172qa.cfm FHWA’s website].<br /> <br /> ===134.1.7 Workforce Diversity===<br /> Diversity includes all the characteristics and experiences that define each individual. Diversity includes a wide range of individual characteristics such as age, religion, gender, race, ethnicity, disability and sexual orientation. Diversity can also include such things as communication style, work style, economic status and geographic origin. MoDOT supports and encourages diversity within the transportation industry. MoDOT’s desire is for the diversity of its consultants and contractors to reflect the diversity of the citizens of Missouri.<br /> <br /> MoDOT’s engineering consultant solicitations require the consultant to describe their company’s approach to promoting and developing a diverse workforce. This category within the solicitation is a pass/fail category. An example of promoting and developing diversity is being involved with local secondary and higher education facilities to educate individuals in the field of engineering. Developing a cooperative/training program targeting the wide range of individual characteristics as listed above would be another example how firms are embracing workforce diversity. Continual efforts of encouraging a wide range of diverse individuals to the field of engineering will in turn develop a more diverse workforce.<br /> <br /> Workforce diversity within the consulting firm as a whole can sometimes vary drastically from the diversity within the project team producing the work. Assembling diverse project teams is a way to support workforce diversity. Engineering consulting firms will be required to report on the '''project team’s''' diversity in the workforce diversity verification section of the template invoice, [[media:134_5_1_1_2021.xlsx|Fig. 134.5.1.1, Blank Consultant Invoice]]. See [[#134.5.1.1 Workforce Diversity Verification|EPG 134.5.1.1]] for workforce diversity reporting requirements.<br /> <br /> Workforce diversity differs from Disadvantaged Business Enterprise (DBE). DBE focuses on firms owned and operated by socially and economically disadvantaged individuals. For more information on DBE, visit [https://www.modot.org/welcome-external-civil-rights MoDOT’s External Civil Rights webpage].<br /> <br /> ==134.2 Solicitation and Selection Process==<br /> When MoDOT needs consultant services, specific processes for soliciting and selecting a consultant must be followed. MoDOT must use the Qualifications Based Selection (QBS) for the procurement of engineering and design related services. This is mandated by both the federal and state law. See [[#134.1.1 Federal Law|EPG 134.1.1 Federal Law]] and [[#134.1.2 State Law|EPG 134.1.2 State Law]] for the applicable laws. If MoDOT does not follow the solicitation and selection process, federal funds could be jeopardized.<br /> <br /> ===134.2.1 Professional Services Committee (PSC)===<br /> The PSC ensures MoDOT follows state and federal laws for the use of professional services. The committee is composed of the Transportation Planning Director, State Design Engineer (chair) and the State Bridge Engineer. The committee may incorporate additional Division Directors/Engineers for contracts involving areas under their responsibility. <br /> <br /> MoDOT is committed to getting the “best value for every dollar spent”. This is accomplished in the consultant selection by using the QBS process and selecting the most qualified consultant not the lowest bidder. The PSC ensures MoDOT follows the QBS process for all MoDOT consultant procurements with the exception of the Design-Build projects where the Design Build Project Director is responsible for ensuring QBS is followed.<br /> <br /> PSC approval is required at the following stages: <br /> <br /> :1. The PSC approves the district or division engineer’s request to solicit consultants to provide professional services for MoDOT. The PSC also approves the dollar amount of PE/CE budgeted for this professional services contract.<br /> :2. For standard contracts and supplemental agreements, the PSC approves the negotiated number of man-hours and the “not to exceed” amount of the contract concurrent with the execution of the contract. The PSC and division liaisons provide review and comment to the PSC prior to approval. <br /> :3. For on-call contracts, the PSC approves district and division consultant selections for master agreements.<br /> <br /> ===134.2.2 Consultant Solicitation and Selection Process - Standard Solicitation Method===<br /> Outlined below is the step-by-step process for Standard Consultant Solicitation and Selection Method. The standard solicitation method is used for the majority of MoDOT Consultant projects. This method gives all consultants equal consideration during the solicitation process. [[media:134.2.2 Jan 2020.docx|Fig. 134.2.2 Processing Standard Consultant Contracts Checklist]] has been developed to help project managers through the paperwork process of hiring a consultant using the standard method.<br /> <br /> ====134.2.2.1 Solicitation and Selection Step 1 – PE Funding====<br /> After the need to procure a consultant has been identified, the MoDOT Project Manager (PM) or Contract Administrator (CA) must first ensure that Preliminary Engineering (PE) funds are identified in [[121.3 The Statewide Transportation Improvement Program (STIP)|the approved STIP]] or STIP amendment for this project and if applicable, the TIP or appropriate MoDOT Budget. The PM/CA should work with their District Planning Manager if there is a need to revise the STIP and/or TIP to adjust the funding levels to match the project costs.<br /> <br /> ====134.2.2.2 Solicitation and Selection Step 2 – PM/CA to Submit Solicitation &amp; Request Letter to PSC====<br /> The PM/CA will work with the core team members to develop a more detailed scope of services for the consultant contract. The PM/CA will also need to identify the following items prior to sending a request to solicit for a consultant services to the PSC:<br /> :'''1. Construction Project Information''' – Project Description<br /> :'''2. Construction Project Information''' – Fiscal Year for Construction Project Award<br /> :'''3. Construction Project Information''' – Estimated project construction amount<br /> :'''4. Scope of Services''' – Detailed description of anticipated consultant services. <br /> :'''5. Project Funding''' – Total consultant contract costs (not to exceed amount).<br /> :'''6. Project Funding''' – Total consultant contract costs broken down by fiscal year.<br /> :'''7. Project Funding''' – Anticipated budget to be used for consultant services.<br /> :'''8. Project Funding''' – State or federal funds for PE. All projects must be evaluated to determine if it will have federal assistance. Work with your Design Liaison Engineer to make this determination.<br /> :'''9. Project Funding''' – Amount of PE dollars in the STIP<br /> :'''10. Project Funding''' – Cost Share/Cost Participation Information or federal earmark (if applicable)<br /> :'''11. DBE Requirements''' –Once the scope of work is defined, the MoDOT PM/CA must obtain a DBE Goal by sending the appropriate project information to MoDOT External Civil Rights (ECR) for review at DBEConsultGoal@modot.mo.gov. The DBE goal shall be included in the PSC solicitation request letter and the solicitation itself. All consultant contracts &lt;u&gt;that utilize federal funds&lt;/u&gt; must be reviewed by ECR, regardless of the dollar amount of the contract. <br /> :'''12.''' Will consultant selection process include interviews or presentation – can be determined by the PSC <br /> :'''13. Period of Service''' – for the consultant contract.<br /> :'''14. Selection Process''' – for procurement of consultant (ex: Standard Solicitation, Modified Solicitation etc.). See [[#Consultant Presentations and Interviews|Consultant Presentations and Interviews]], below, to determine if they are needed.<br /> :'''15. Selection/Procurement Schedule''' – Anticipated schedule for procurement.<br /> :'''16. Anticipated Incentive/Disincentive Provisions''' – for the consultant contract (if applicable) See [[#134.5.6 Incentive and Disincentive Program|EPG 134.5.6 Incentive and Disincentive Program]].<br /> &lt;div id=&quot;17. The PM/CA&quot;&gt;&lt;/div&gt;<br /> :'''17.''' The PM/CA should include or delete the signature line, as needed, for any additional division director(s) (e.g., State Highway Safety and Traffic) who may need to review and sign the PSC letter.<br /> <br /> All of the items listed above must be included in the [[media:134.2.2.2 2019.docx|Solicitation and Request Letter]] prepared by the PM/CA and sent to the Design Liaison for review. Once the Design Liaison has reviewed and signed the request, the letter is sent to the PSC via the email group CODEPSCReview. The solicitation must not contain any information concerning man-hours, labor rates or cost information. If a maximum known dollar value is available to fund the professional services contract, the dollar value may be noted in the solicitation to avoid submission of letters by consultants unable to provide the services for the expenditure MoDOT has determined as reasonable for the projects. Cost information can only be considered '''''after''''' a consultant has been selected and a contract is being negotiated. The solicitation should contain ALL of the rating categories that will be used to rate the consultant. MoDOT must follow [https://revisor.mo.gov/main/OneSection.aspx?section=8.289&amp;bid=150&amp;hl= RsMO 8.289] when evaluating the consultant but additional criteria can be added as long as it is published in the solicitation. Effective July 1, 2016, PM/CAs must indicate on the Solicitation and Request Letter if consultant services are being requested for planning studies for more than Taking Care of the System (TCOS) improvements. More-than-TCOS planning studies must meet the following criteria:<br /> <br /> :1. District has demonstrated that its asset management goals can be met over the next ten years, and<br /> :2. District has the financial ability to fund, or has written commitment from another entity to fund the construction of a significant portion, or more, of any improvement resulting from the study within ten years of the initiation of the study, and<br /> :3. The region has prioritized the study along with roadway and bridge improvements and is willing to fund the study with STIP right of way and construction funds or funding from others, or<br /> :4. The cost of the study is funded by another entity, with minimal MoDOT funding involvement for oversight and guidance.<br /> <br /> The cost of more-than-TCOS planning studies will result in an adjustment to the district’s STIP right of way and construction funds, except for studies funded by other entities.<br /> <br /> ====134.2.2.3 Solicitation and Selection Step 3 – Central Office Review of Solicitation Request====<br /> After the PSC receives the [[media:134.2.2.2 2019.docx|Solicitation and Request Letter]], it will be distributed to the appropriate MoDOT Divisions and Central Office staff for review. If any comments need addressed, Central Office staff will forward revision requests to the District. When all parties involved agree on the content of the consultant solicitation/request for qualifications (RFQ), the PSC Chair approves the request and Central Office will post the solicitation/RFQ to the [http://www.modot.mo.gov/business/consultant_resources/consultant_home.htm MoDOT's Consultant Services Webpage]. An electronic notification of the RFQ is sent to Design Consultant Distribution List alerting interested parties of the opportunity.<br /> <br /> Consultant solicitations will be posted to MoDOT’s webpage twice a month, according to the [[media:134.2.2.3 RFQ calendar.pdf|RFQ Calendar]].<br /> <br /> ====134.2.2.4 Solicitation and Selection Step 4 – Consultant Response to the Solicitation/RFQ====<br /> Interested firms who wish to respond to the RFQ can submit a letter of interest. Beginning January 1, 2013, only firms listed on the [https://www.modot.org/consultant-prequalification-list Approved Consultant Prequalification List] will be considered eligible for MoDOT projects. Cost information shall not be provided from the consultant at this time in the solicitation process. Cost can only be considered '''''after''''' a consultant is selected and the contract is being negotiated.<br /> <br /> ====134.2.2.5 Solicitation and Selection Step 5 – Selection of Consultant====<br /> After the RFQ submittal deadline, MoDOT will evaluate the letters of interest or SOQ. The PM/CA verifies all firms are prequalified. [https://www.modot.org/consultant-prequalification-list MoDOT's Approved Consultant Prequalification List] contains the prequalification information on the firms. According to state law [https://revisor.mo.gov/main/OneSection.aspx?section=8.289&amp;bid=150&amp;hl= RsMO 8.291], MoDOT must list a minimum of three highly qualified firms and then select the firm best qualified to perform the work, based on the rating criteria outlined in the RFQ. See [[#Consultant Presentations and Interviews|Consultant Presentations and Interviews]] below for more information on presentations and interviews. When fewer than three responses are received, it is suggested the RFQ be re-advertised at least once. If fewer than three responses are received again, then MoDOT must determine if this is a suitable number of responses based on the nature and size of the project. Consider whether there was some aspect of the RFQ that was overly restrictive or otherwise had an adverse impact on the completion of the project. If the decision is made to proceed, then the district should document the RFQ requirements were not restrictive, it was adequately publicized and that the one or two firms who responded are capable of performing the tasks outlined for the project. MoDOT will then rate all firms based on the criteria outlined in the RFQ. Past performance evaluations may be considered as part of the firm’s evaluation. '''Price quotations shall not be requested or used for consideration prior to selecting a firm.''' Price can only be determined AFTER the consultant is selected. <br /> <br /> '''The Selection Team.''' The district and/or division forms a team to review the consultant responses and select a firm to provide the necessary services. In most cases, the team shall include at least three members, one of whom is from the Central Office (usually a Design, Construction or Structural Liaison Engineer). If a major component of the project is a specialty area supported only by Central Office staff, that division should be asked to participate as well. If the project is a project designated for federal involvement for any element related to Design or Construction Inspection, the Federal Highway Administration (FHWA) shall be offered the opportunity to participate as a team member. Should another entity (KDOT, IDOT, [https://www.modot.org/missouri-metropolitan-planning-organizations MPO], city, county, etc.) be funding part of the cost of the work that entity shall be offered the opportunity to participate as a member of the selection team. <br /> <br /> '''Rating/Scoring the Consultants.''' If it was determined and noted in the solicitation request letter that the PM/CA will conduct interviews or presentations with the consultants, see [[#Consultant Presentations and Interviews|Consultant Presentations and Interviews]] below for more information on how to rate and score the consultants. If interviews and/or presentations will not take place, the selection team can begin rating the consultants. The [[media:134.2.2.5.1 May 2017.doc|Consultant Rating Form, Fig. 134.2.2.5.1]], shall be used to rate and select the firm. The consultants MUST be rated based on the rating criteria that was published in the solicitation, adding or deleting criteria after the solicitation expires is not allowed. <br /> &lt;div id=&quot;Each member of the selection team&quot;&gt;&lt;/div&gt;<br /> Each member of the selection team will individually develop a numeric score to rate each firm using the categories listed in Fig. 134.2.2.5.1. The team will, as a group, compare these scores and discuss how they were determined. The team must reach consensus on the consultant to select. The team will create a rating summary as outlined in [https://epg.modot.org/forms/DE%202017%20Forms/LPA/134.2.2.5.2.doc Fig. 134.2.2.5.2] clearly indicating which firm has been recommended for selection and documenting the selection process. The documentation must include written text on how the scores were determined. This documentation will be kept in the eProject file. Once the recommended selected firm is determined, send the Selection Approval letter ([[media:134.2.2.5.3 Oct 2021.docx|Fig. 134.2.2.5.3]]) for approval to the District Engineer/Division Engineer. With approval from the District Engineer/Division Engineer, the team can notify the selected firm or any other parties. After contacting the firm, a copy of all documentation must be sent to the Central Office via the email group CODEPSCReview including the signed Approval letter (Fig. 134.2.2.5.3) of the selected firm. The final, approved selected firm will be posted on [http://www.modot.mo.gov/business/consultant_resources/consultant_home.htm MoDOT's Consultant Services webpage]. <br /> <br /> =====Consultant Presentations and Interviews=====<br /> The majority of projects do not require interviews or presentations and the selection team may select by scoring the consultants and choosing the top ranked firm. Specific conditions that allow the selection to take place &lt;u&gt;without&lt;/u&gt; interviews or presentations are as follows:<br /> <br /> :* The scope and cost of the contract is considered to be minor or routine in nature. <br /> :* The district or division is very familiar with the qualifications and capabilities of all the short-listed firms from previous services or presentations and believes presentations or interviews will not increase knowledge of the short-listed firms. <br /> :* The need for an accelerated selection process due to the critical nature of the contract. <br /> &lt;div id=&quot;If interviews and/or&quot;&gt;&lt;/div&gt;<br /> If interviews and/or presentations are required, the selection team will first rate all the consultants based on the rating criteria published in the solicitation using [[media:134.2.2.5.1 May 2017.doc|Fig. 134.2.2.5.1]] and as outlined above under Rating/Scoring the Consultants. Then the selection team will select the top 3-5 highest scoring firms and place them on a short list for further evaluation during presentations and/or interviews. Once the recommended selected firms are determined, send [[media:134.2.2.5.4 2021.docx|District/Division Approval of Short List (Fig. 134.2.2.5.4)]] for approval to the District Engineer/Division Engineer. With approval from the District Engineer/Division Engineer, the team can notify the selected firms or any other parties. After contacting the firms, a copy of all documentation must be sent to the Central Office via the email group CODEPSCReview including the District/Division Approval of Short List (Fig. 134.2.2.5.4) of the selected firms. The final, approved selected firms will be posted on MoDOT's Consultant Services webpage. See Consultant Presentations and Consultant Interviews, immediately below.<br /> <br /> '''Consultant Presentations.''' Before the presentations, the selection team must determine the scoring criteria ([https://epg.modot.org/forms/DE%202017%20Forms/LPA/134.2.2.5.5.doc Fig. 134.2.2.5.5]) to be used. These criteria can include many variables, but each element must be assigned a point value and expectations for assigning the maximum points should be developed. The PSC Chair is invited to attend the presentations. See the [[media:134.2.2.5.6 2016.docx|sample letter, Fig. 134.2.2.5.6]], inviting the consultant to present. <br /> <br /> After each consultant presentation, the selection team moves to a private location to discuss the presentation. Each member of the selection team will individually develop a numeric score to rate each firm based on the pre-determined criteria and scoring process. Although use of the example is not required, the criteria and scoring process must be determined prior to the actual presentation. The selection team will, as a group, compare these scores and discuss how they were determined; the selection team must reach consensus on the selected consultant. <br /> <br /> The selection team will create a rating summary [https://epg.modot.org/forms/DE%202017%20Forms/LPA/134.2.2.5.2.doc rating summary (Fig. 134.2.2.5.2)] for all the short-listed firms, clearly indicating which firm is recommended for final selection and documenting the selection process in eProjects. The rating summary is only one tool used in the selection. Although selection of the highest scoring firm is not required, if it is not selected the reasons must be documented. This documentation will be kept in the eProject file. The final approved selected firm will be posted at [http://www.modot.mo.gov/business/consultant_resources/consultant_home.htm MoDOT's Consultant Services webpage]. <br /> <br /> '''Consultant Interviews.''' For a feasibility study, environmental assessment, environmental impact statement, major river bridge design, or major investment study or at the PSC direction, the selection team should conduct interviews with the short-listed firms. This requires considerable preparatory work; however, the selection team can limit the number of consultant staff and specify particular individuals as well as the opening topics. (See [[media:134.2.2.5.7 2016.docx|Fig. 134.2.2.5.7 sample letter to interview]]). Before the interviews, the selection team must determine the interview questions along with a description of the correct type of answer. Depending on the complexity of the questions, 15 to 18 questions will fill the time allotted. Additionally, the scoring criteria must be pre-determined. These criteria can include many variables, but each element must be assigned a point value and expectations for allocating the maximum points should be developed. The PSC Chair is invited to attend the interviews. A sample format for an interview (with time guidelines) follows: <br /> <br /> During the interview, each selection team member individually scores the consultant as each question is answered. After each interview, the selection team discusses the consultant responses and averages the scores from the entire team. After the final interview, the team will, as a group, compare these scores and discuss how the firms rank; the selection team must reach consensus on the consultant to select. The selection team will create a rating summary clearly indicating which firm is recommended for selection and documenting the selection process. The rating summary is only one tool used in the selection. Although selection of the highest scoring firm is not required, if it is not selected the reasons must be documented. This documentation will be kept in the eProject file. The team must receive approval from the District or Division Engineer before notifying the selected consultant or any other parties. The final, approved selected firm will be posted on [http://www.modot.mo.gov/business/consultant_resources/consultant_home.htm MoDOT's Consultant Services webpage].<br /> <br /> ===134.2.3 Consultant Solicitation and Selection Process – Modified Solicitation Method===<br /> There may be occasions when the standard QBS solicitation process is not appropriate. Each occasion will be evaluated on a project by project basis. Projects with an accelerated schedule, work affecting public safety or highly specialized knowledge that would result in few consultants responding to the RFQ are candidates for the Modified Solicitation Method. Examples of specialized work are; hazardous waste services, wetland mitigation, urgent bridge projects and historic preservation services. The PM/CA will work with their Design Liaison Engineer to determine if a PSC Modified Solicitation Approval is appropriate and if so, will complete and submit the [[media:134.2.2.2 2019.docx|Solicitation and Request Letter (Fig. 134.2.2.2)]] to PSC via the email group CODEPSCReview for PSC review and approval. <br /> <br /> The Modified Solicitation Method may be appropriate for projects with any of the following conditions:<br /> <br /> :1. The critical nature of the work requires an accelerated selection process. The term “critical nature” refers to tasks required as a result of unanticipated events, legal actions or compliance with directives from regulatory agencies. However, the PSC Chair will consider these requests on a case by case basis.<br /> <br /> :2. The scope of services requires highly specialized knowledge and expertise that limits the number of qualified firms. Examples are underwater bridge inspection, designs to address environmental mitigation, and cultural resource investigations.<br /> <br /> :3. The work qualifies for the small purchase category. This category includes those contracts with a cost less than $25,000 and required services outside the work categories for an On-Call MOU contract.<br /> <br /> ===134.2.4 Consultant Solicitation and Selection Process – Standard Solicitation Method for On-Call Cost Plus Fixed Fee Contracts===<br /> <br /> Every three years MoDOT requests interested firms to respond to a Master Agreement RFQ, which lists specific work categories in a specific district or Central Office Division. The selected consultant is approved to only provide professional services under a Memorandum of Understanding (MOU) for the district/division in their selected work category. Each respective district/division evaluates the letters of interest from responding consultants, completes the consultant selection process, following [https://revisor.mo.gov/main/OneSection.aspx?section=8.289&amp;bid=150&amp;hl= RsMO 8.291], and requests PSC approval of the selected consultants. Once the PSC approves the selections, the Design Division drafts and executes a Master Agreement with each approved consultant and also maintains a list of consultants approved to provide services under the Master Agreement per district and/or division. The current on-call consultant list is available at [https://www.modot.org/consultant-prequalification-list MoDOT's Consultant Prequalification Requirements]. The following lists the specific work categories approved for the 2020-2023 Master Agreements: <br /> <br /> :'''District Work Categories'''<br /> <br /> ::1. Construction Materials Testing &amp; Inspection<br /> ::2. Roadway Design<br /> ::3. Surveying<br /> <br /> :'''Division Work Categories'''<br /> <br /> ::1. Bridge Deck Surveys<br /> ::2. Bridge Design<br /> ::3. Disadvantaged Business Enterprise (DBE)<br /> ::4. Environmental - Cultural Resources<br /> ::5. Environmental - Endangered Species<br /> ::6. Environmental - NEPA<br /> ::7. Environmental - Noise Studies<br /> ::8. General Services - Architectural/Interior Design<br /> ::9. General Services - Civil/Structural<br /> ::10. General Services - Mechanical/Electrical<br /> ::11. Geotechnical Engineering Services<br /> ::12. LiDAR &amp; Photogrammetry<br /> ::13. Pavement Friction Testing<br /> ::14. Value Engineering<br /> <br /> :'''Statewide District Use Categories'''<br /> <br /> ::1. Right of Way Acquisition &amp; Relocation Services <br /> ::2. SUE <br /> ::3. Traffic Engineering <br /> ::4. Traffic – Electrical Engineering <br /> ::5. Traffic – ITS Management &amp; Design <br /> ::6. Traffic – Safety Data Analysis <br /> ::7. Traffic – Structures <br /> ::8. Utility Accommodation &amp; Coordination <br /> <br /> Deletions or additions to the on-call consultant list require the PSC Chair’s approval. Approval to use a consultant other than on the district’s or division’s approved list may be granted upon written request to the PSC. [https://www.modot.org/consultant-prequalification-list MoDOT's Consultant Prequalification Requirements webpage] contains the lists of approved on-call consultants.<br /> <br /> Information on the financial prequalification process for consultants can be found on MoDOT's Consultant Prequalification Requirements webpage. Consulting firms must be financially prequalified for selection to the On-Call Consultant list and must maintain their prequalification throughout the three-year term of the Master Agreement. To execute an MOU with a consultant, the selected consultant must be pre-qualified and have current E-Verify on file.<br /> <br /> To ensure on-call contracts are used as intended, the PSC has established several guidelines: <br /> <br /> :1. All district MOUs must be approved by the Design Liaison Engineer prior to selection of an on-call consultant to ensure all other resources have been considered.<br /> <br /> :2. The Master Agreement may be executed for a maximum period of three years, although the master agreement may include provisions for a one-year extension at the end of the three-year period. <br /> <br /> :3. No single MOU will exceed a total cost of $200,000. Neither the district, nor Central Office, may, in any instance, execute multiple MOUs for a single job for services that exceeds a total of $200,000 in aggregate. MOUs within the $200,000 limit do not need prior PSC approval for execution and can be executed by the respective District Engineer or division engineer (up to $100,000) or a member of the Executive Committee (over $100,000). If an MOU is near the $200,000 limit, the Project Manager/Contract Administrator (PM/CA) shall contact their Design Liaison Engineer to determine if the project will follow the guidance of [[#134.2 Solicitation and Selection Process|EPG 134.2 Solicitation and Selection Process]]. <br /> &lt;div id=&quot;Master Agreement Execution Process&quot;&gt;&lt;/div&gt;<br /> <br /> &lt;u&gt;'''Master Agreement Execution Process'''&lt;/u&gt;<br /> <br /> Outlined below is the process of executing the Master Agreement for On-Call Contracts.<br /> <br /> :1. The RFQ is posted to the web and electronic notification is sent to interested parties listed on the Design Consultant distribution list.<br /> :2. The district/division rates and develops a list of selected consultants.<br /> :3. The PSC chair approves the selection of consultants for specific work categories in each district/division. <br /> :4. Only Approved Pre-Qualified Consultants are eligible for Master Agreement. The pre-qualification process also includes a review of the firm’s overhead rates. <br /> :5. Since the amount of future services to be performed under the agreement is unknown, the allowable profit based upon direct labor cost is limited to 12 percent. <br /> :6. The Design Division develops a “Master Agreement” to be executed by the approved consultant(s). This agreement outlines the basic conditions of the contractual relationship and specifies the work category(ies). The Master Agreement is the foundation for a Memorandum of Understanding (MOU) that the district or division later executes with a consultant to address the need for a specific scope of services in a specific work category. When the agreement is created and saved in eAgreements, the system will auto-assign a new file name. This auto-assigned file name must be used as the agreement number, in the header, within the agreement itself. <br /> :7. Design Division drafts the Master Agreement in eAgreements and executes the Master Agreements [[media:134 Docusign.pdf|electronically through DocuSign]]. <br /> <br /> &lt;div id=&quot;The district then follows the procedures below&quot;&gt;&lt;/div&gt;<br /> <br /> The district or division then follows the procedures below for executing individual MOUs to obtain services as the need arises. <br /> &lt;div id=&quot;MoDOT MOU Execution Process &quot;&gt;&lt;/div&gt;<br /> &lt;u&gt;'''MoDOT MOU Execution Process'''&lt;/u&gt;<br /> <br /> [[media:134.2.4 July 11 2017.doc|Fig. 134.2.4 Processing On-Call/MOU Consultant Contracts Checklist]] has been created to guide project managers through the process of hiring an on-call consultant through close- out of the MOU. <br /> <br /> Outlined below is the process of executing an MOU for On-Call Contracts. <br /> <br /> :1. '''As of Jan 15, 2014, all MOUs will be federally funded, therefore, the Project Manager/Contract Administrator (PM/CA) must choose the federal MOU contract from the [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements SharePoint site], unless approved by the PSC to use a state funded MOU contract (state funded MOU contracts may be used if the funding source is the District/Division budget).'''<br /> :2. All District MOU’s must be reviewed and approved by the assigned Design Liaison Engineer prior to selection of an on-call consultant to ensure all other resources have been considered.<br /> :3. PM/CA to choose the MOU contract from the eAgreements SharePoint site.<br /> :The federal MOU contract must be used for all MOU’s unless approved by the PSC to use a state funded MOU contract (state funded MOU contracts may be used if the funding source is the District/Division budget). When the agreement is created and saved in eAgreements, the system will auto-assign a new file name. This auto-assigned file name must be used as the agreement number, in the header, within the agreement itself.<br /> :4. Development of Scope of Services and DBE Requirements – Once the scope of work is defined, the MoDOT PM/CA must obtain a DBE Goal by sending the appropriate project information (including scope, county, estimated construction cost, and potential subcontracting opportunities) to MoDOT External Civil Rights (ECR) for review at DBEConsultGoal@modot.mo.gov. Once the DBE goal has been established by ECR, it shall be included in the MOU. All consultant contracts &lt;u&gt;that utilize federal funds&lt;/u&gt; must be reviewed by ECR, regardless of the dollar amount of the contract. If the prime consultant or any sub-consultants are DBE firms, the DBE section must be filled out. If the prime or subs are not DBE firms, the DBE section can be left blank. <br /> :5. The PM/CA will review the on-call consultant list and choose a consultant based on the scope of services that has been developed and DBE goal established. The on-call consultant list is found on the [https://www.modot.org/consultant-prequalification-list MoDOT Website – Consultant Services – Consultant Prequalification Requirements]. <br /> <br /> :'''Note: Only firms that are prequalified with MoDOT financially can be chosen from the on-call consultant list. Firms must update their information yearly in order to stay current on their prequalification. MoDOT’s consultant prequalification list can be found on the [https://www.modot.org/consultant-prequalification-list MoDOT Website – Consultant Services – Consultant Prequalification Requirements]. '''<br /> <br /> :6. Consultant agreements are to be sent to the assigned Design Liaison Engineer for “Review by Staff” in eAgreements. <br /> &lt;div id=&quot;7. DBE Concurrence must be obtained&quot;&gt;&lt;/div&gt;<br /> :7. DBE Concurrence must be obtained from External Civil Rights prior to sending a federally funded MOU to the consultant for execution. The PM/CA will send External Civil Rights (email group '''DBEConcurrence''') as a “Reviewer”, along with the assigned Liaison Engineer, when processing the agreement for “Review by Staff” in eAgreements. ECR will respond to the email notification if any additional DBE information is needed - including, but not limited to, specific DBE details, such as name of DBE firm, DBE Goal, dollar amount of DBE participation, Exhibits such as Scope of Services, Fee Estimate, etc. <br /> :8. After receiving the DBE Concurrence from External Civil Rights, the PM/CA will send the MOU to the consultant for execution. Agreements may be executed by wet signatures or [[media:134 Docusign.pdf|electronic signatures in DocuSign]]. Electronic signatures are encouraged to expedite the execution process.<br /> :9. The respective District Engineer, division engineer or Executive Committee member will execute the MOU as described in MHTC Policy &quot;Delegation of Authority for Approval and Execution of Documents&quot;. <br /> :10. If using electronic signatures, copies of the fully executed agreement will be distributed to the recipients entered into DocuSign (see below for the Central Office Divisions that must receive a copy of the fully executed agreement).<br /> <br /> :If using wet signatures, the PM/CA is responsible for uploading a copy of the fully executed MOU in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements], sending the consultant a copy of the fully executed agreement, and sending a link to the fully executed agreement to the appropriate Central Office Divisions. (See Item 9, below, for the Central Office Divisions that must receive a copy of the fully executed agreement.) <br /> <br /> :11. The PM/CA must email an electronic link to the fully executed agreement to the following Central Office Divisions: <br /> ::* Financial Services Division (email group '''Obligate''' with message '''“Obligate - please obligate funds for the fully executed agreement”''' and provide any specific funding details here, as applicable).<br /> ::* Design Division (email group '''CODEPSCReview''' with message '''“CODEPSCReview - fully executed agreement for your records”'''). <br /> <br /> :'''Note:''' If federal funds are used, the PM/CA must wait for email notifications from the following Central Office Divisions before issuing NTP to the consultant:<br /> ::* Financial Services indicating the obligation of funds is complete. <br /> ::* External Civil Rights (ECR) indicating concurrence in DBE participation.<br /> <br /> :12. The PM/CA will send the [[media:134.4.2 2016.docx|NTP letter (Fig 134.4.2)]] to the consultant AFTER:<br /> ::* Receiving DBE concurrence from External Civil Rights <br /> ::* Execution of the contract <br /> ::* Obligation of federal funds by Financial Services.<br /> <br /> ==134.3 Consultant Contract Negotiation==<br /> Tasks, hours and price are negotiated after a consultant is selected and notified. During this process, price can be considered. Firms must be listed on the Approved Annual Financial Pre-Qualification List in order to provide professional services to MoDOT. '''Additional scope beyond what was advertised in the RFQ cannot be negotiated into the contract.''' <br /> <br /> The selected firm will use the provisional overhead rate that was accepted by MoDOT during the firm’s prequalification process with MoDOT. If the firm elects to voluntarily reduce their overhead rate, the following language must be incorporated into the contract: <br /> <br /> :“The Company has voluntarily reduced its overhead rate to ___%. This rate will be used on all billings. Upon completion of these services outlined under this Agreement the final payment for these items will be based on accounting records of the Consultant incurred during the period of the Agreement. MoDOT reserves the right to require the actual audited overhead rates be used if those rates are less than the voluntarily reduced rate noted previously.”<br /> <br /> ===134.3.1 Engineering Services Contract (ESC)===<br /> Contract negotiation should follow the schedule provided in the solicitation. Consult Chief Council’s Office CCO early in the negotiation phase for any proposed changes in the boilerplate agreement language. Modifications to the standard agreement language may be considered only where no other compromise can be reached to successfully negotiate the agreement, and '''must be approved “as to form” by CCO.''' If the PM/CA works with their Regional Counsel to approve the revisions to the boilerplate agreement, that Regional Counsel will need to approve the partially executed contract “as to form”. In general, no changes are allowed to the ESC.<br /> <br /> The standard engineering services contracts (ESCs) can be found in the [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements SharePoint site]. ESCs must follow the eAgreements process for drafting, reviewing and executing, as defined in [[:Category:153 Agreements and Contracts|EPG 153 Agreements and Contracts]] and the [http://sp/sites/eagreements/TrainingDocuments/Forms/AllItems.aspx eAgreements Training Manual]. In addition, the appropriate approvals must be obtained through the Professional Services Committee (PSC) process. When the agreement is created and saved in eAgreements, the system will auto-assign a new file name. This auto-assigned file name must be used as the agreement number, in the header, within the agreement itself.<br /> <br /> The MoDOT unit responsible for the contract, either the district or the division, provides the consultant with an electronic PDF copy of the tentative contract. The tentative scope of services (including [[237.14 Electronic Design Data Delivery (BIM Deliverables)#237.14.4 Specifications of Electronic Design Data for Consultants and MoDOT|Specifications of Electronic Design Data for Consultants and MoDOT]]) may be provided in a non-PDF electronic format. The PM/CA is responsible for completing the Consultant Contracts. Contract language must be approved by CCO input prior to execution of the contract. <br /> <br /> After reviewing the tentative contract and scope of services, the consultant prepares a proposal containing a detailed estimate of cost that includes man-hours, basic pay rates, pre-qualification accepted overhead rates, direct costs and fixed fee. Each of these items is reviewed by MoDOT to ensure it is reasonable with respect to the type of work involved and anticipated size of the contract. PM/CAs are responsible for the quality and content of professional services agreements. [[media:134.3.1 2017.doc|Fig. 134.3.1, District Checklist for Reviewing Consultant Contracts]] is a tool provided for PM/CAs to utilize while reviewing contracts. <br /> <br /> After the PM/CA and consultant agree to the terms of the agreement, the PM/CA converts the Word document to a pdf file in eAgreements. The pdf file should include the Scope of Services and Exhibits. <br /> <br /> ====134.3.1.1 Liability Insurance====<br /> The MoDOT Standard Consultant Contract language includes provisions for the amount of liability insurance that the consultant must provide to cover claims that may result from errors, omissions, or negligent acts of the consultant. Insurance Certificate of Liability must meet [http://insurance.mo.gov/industry/sovimmunity.php Missouri’s Sovereign Immunity Limits]. In rare instances, the PM/CA may request an Acceptance of MHTC Liability to reduce the insurance requirements on the consultants. This process must obtain PSC approval and follow the procedures outlined in the Acceptance of MHTC Liability, available through the CCO, depending on the nature and complexity of the services. <br /> <br /> A copy of the certificate of liability insurance for the prime consultant is to be requested by the PM/CA and kept in the project files with the executed contract. It is the responsibility of the consultant to meet the insurance requirements of the contract. Receipt of the consultant’s certificate of insurance liability does not imply approval of the amounts. <br /> <br /> ====134.3.1.2 Payment Bond====<br /> State statute requires that in the event that any subconsultants are used to supply at least twenty five thousand dollars ($25,000) worth of materials and/or labor not within the scope of environmental assessment services or licensed professional services as defined by [https://revisor.mo.gov/main/OneChapter.aspx?chapter=327 Chapter 327, RSMo], the consultant shall require any such subconsultants to provide laborers and materialmen with adequate bond security. <br /> <br /> The payment bond value shall equal the amount of the total subcontracted non-engineering services and applicable direct costs. If there is uncertainty about whether an item of work is considered as non-engineering or as an applicable direct cost, it should be included in the amount covered by the payment bond. Fully document all decisions regarding contracted services not included in the payment bond amount and retain in the project file until the contract has been closed and audited for final payments. A copy of the payment bond is to be requested by the project manager and kept in the district project files with the executed contract. <br /> <br /> For more information on the payment bond language, refer to [[153.9 Design|DE01 Consultant Services Master Agreement (All_Fees)]].<br /> <br /> ===134.3.2 Fixed Fee Review===<br /> The fixed fee is the profit to the consultant. It is based on the scope, complexity of the project, contract duration, risk to the consultant, amount of sub consultant management, and professional nature of the services as well as the size and type of contract. Fixed fees are calculated based upon direct salary cost. Direct salary cost includes direct labor, overhead on direct labor, plus general and administrative overhead. It does not include travel expenses, printing, miscellaneous expenses or sub consultant costs. The Facilities Capital Cost of Money Rate (FCCM) shall not be included in the fixed fee calculation. The percentage of the fixed fee to the direct salary cost must not exceed the maximum allowable profit curve shown in [[media:134.3.2 2021.pdf| Fig. 134.3.2 MoDOT Allowable Profit Curve]]. For standard solicitation contracts, the maximum allowable profit is capped at 15 percent, even if calculated to be higher. For consultant contracts that potentially include multiple future phases, the fixed fee will be based on the estimated total direct salary cost for the current phase plus all future phases. For MOU contracts, the maximum allowable profit is 12 percent as agreed to in the Consultant Services Master Agreement, DE01. The maximum subconsultant fixed fee for MOUs is also capped at 12 percent.<br /> <br /> Fixed fees shall not be calculated on direct expenses. Sub consultants are a direct expense to the prime consultant. Therefore, sub consultant expenses are not included in the fixed fee calculations for the prime consultant. It should be noted the “fixed fee” is a fixed dollar amount and will be paid in full at the conclusion of the contract, even if the consultant does not use all the hours in the contract. Therefore, care should be taken to not overestimate man-hours.<br /> <br /> ===134.3.3 Work-Hours Review===<br /> In order to establish a measure of “Fair &amp; Reasonable” a pre-negotiation estimate is required by federal regulations in [https://www.govinfo.gov/app/details/CFR-1999-title49-vol1/CFR-1999-title49-vol1-sec18-36 49 CFR 18.36]. The MoDOT PM/CA shall develop an estimate based on the work-hours that MoDOT would require to perform the same service. The consultant work-hour estimate is reviewed and compared to the MoDOT estimate. The consultant’s fee proposal submittal must include detailed hours and cost breakdowns by sub-task and by job title. For any subtask on the scope, it should be known how many different people, how many hours per person, any direct expenses, etc. for the prime and any subs. Negotiations should occur to assure that work-hours in the contract are comparable to the MoDOT estimated hours and those from similar projects. PMs should confer with the appropriate Central Office liaison engineer for concurrence with the review.<br /> <br /> ===134.3.4 Basis of Payment===<br /> The majority of Design Consultant Engineering Services Contracts are actual cost contracts. This means that all costs submitted for payment must be based on actual wages, overhead. Federal regulations ([https://www.acquisition.gov/far/part-16#FAR_16_102 FAR Part 16.102]) prohibit the use of cost plus a percentage of cost or percentage of construction costs as a method of compensation. The following methods may be used as the basis of payment in a contract:<br /> <br /> :* Actual Cost Plus Fixed Fee (majority of contracts)<br /> :* Specific rates of pay (for emergency situations only)<br /> :* Lump Sum (prior approval required).<br /> <br /> Each Subcontractor or subconsultant must be identified in the contract. Subcontractor expenses should also be calculated based upon actual costs. Prompt payment of subconsultants is required per [https://www.acquisition.gov/far/part-32#FAR_Subpart_32_9 FAR Subpart 32.9].<br /> <br /> Per [[#134.3.5.1 Subconsultant Cost Exceeding $25,000|EPG 134.3.5.1]], if the consultant is using a subconsultant with a cost exceeding $25,000, then the subconsultant shall include a detailed estimate of cost and a detailed overhead rate schedule (cost plus fixed fee breakdown).<br /> <br /> Per [[#134.3.5.2 Subconsultant Cost NOT Exceeding $25,000|EPG 134.3.5.2]], if the consultant is using a subconsultant with a cost that DOES NOT exceed $25,000 then a letter quote from the subconsultant can be submitted with the engineering service contract.<br /> <br /> Retainage is not allowed as a routine part of the contract i.e. blanket retainage is prohibited. Payment may be withheld on any particular work item that has not been completed in accordance with the contract. This can include work incidental to the work item, and required documentation directly related to the work.<br /> <br /> Direct costs must be estimated using current Privately Owned Vehicle (POV) mileage reimbursement rates and per diem rates for Missouri. These rates can be found on the following web pages. <br /> <br /> Mileage, subsistence and lodging must follow federal travel regulation guidelines. <br /> :* [http://www.gsa.gov/portal/content/100715 Current POV Mileage Reimbursable Rates]<br /> :* [https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-rates-results/?action=perdiems_report&amp;state=MO&amp;fiscal_year=2022&amp;zip=&amp;city= Current Per Diem Rates for Missouri]<br /> <br /> ===134.3.5 Subconsultants===<br /> The use of subconsultants is allowed provided that each firm is identified in the engineering services contract. DBE firms should be listed under Disadvantaged Business Enterprise (DBE) Requirements, and other subconsultants should be listed in Subconsultants. The use of 2&lt;sup&gt;nd&lt;/sup&gt; and 3&lt;sup&gt;rd&lt;/sup&gt; Tier subconsultants is not allowed, that is, only the prime consultant can have subconsultants, the subconsultants cannot have subconsultants. Subconsultants do not have to be prequalified but it is strongly encouraged especially if the subconsultants routinely performs work &gt;$25,000. <br /> <br /> ====134.3.5.1 Subconsultant Cost Exceeding $25,000====<br /> If the consultant is using a subconsultant with a cost exceeding $25,000, then the subconsultant shall include a detailed estimate of cost and a detailed overhead rate schedule (cost plus fixed fee breakdown). [https://epg.modot.org/forms/DE%202017%20Forms/LPA/134.3.6.1.1%20Common%20Unallowable%20Costs.pdf Fig. 134.3.6.1.1] lists common unallowable costs. If the subconsultant is prequalified, the overhead rate listed must be the current overhead rate accepted by MoDOT through the annual financial prequalification process. In this case, a detailed overhead rate schedule would not be required.<br /> <br /> If the subconsultant is not pre-qualified with MoDOT then the firm shall also include their [[media:134.3.5.1 Form.pdf|Consultant Certification of Indirect Cost Form]]. Each subconsultant in this category must show its overhead in the required format. [https://epg.modot.org/forms/DE%202017%20Forms/LPA/134.3.6.1.2.pdf Fig. 134.3.6.1.2] provides an example Overhead Schedule. The detailed overhead rate schedule should be reviewed for possible unallowable costs per [https://www.acquisition.gov/far/part-31 FAR Pt. 31], [https://epg.modot.org/forms/DE%202017%20Forms/LPA/134.3.6.1.1%20Common%20Unallowable%20Costs.pdf Fig. 134.3.6.1.1] lists common unallowable costs. The prime consultant is responsible for ensuring that all subconsultants comply with state and federal regulations, such as E-Verify, and are registered to do business in Missouri.<br /> <br /> ====134.3.5.2 Subconsultant Cost NOT Exceeding $25,000====<br /> If the consultant is using a subconsultant with a cost that DOES NOT exceed $25,000 then a letter quote from the subconsultant can be submitted with the engineering service contract. The letter should quote the subconsultant’s cost shown in Exhibit III of the consultant contract. It is preferred however, that the subconsultants have cost plus fixed fee break down. If the subconsultant is not pre-qualified with MoDOT, the firm shall also include their [[media:134.3.5.1 Form.pdf|Consultant Certification of Indirect Cost Form]]. The prime consultant is responsible for ensuring that all subconsultants comply with state and federal regulations, such as E-Verify, and are registered to do business in Missouri.<br /> <br /> ===134.3.6 Ceasing Negotiation===<br /> If the district/division cannot negotiate a reasonable price with the consultant selected, they can formally cease negotiations with a formal written letter and begin negotiations with the next most qualified firm. After the district/division has ceased negotiations with the selected firm and have started negotiations with the next most qualified firm, they cannot go back to the first firm and start another round of negotiations; this is looked upon as price shopping and is unallowable. See the [http://www.fhwa.dot.gov/programadmin/consultant.cfm FHWA Consultant Services webpage] for more information. If a contract cannot be negotiated with the second consultant, MoDOT may choose to negotiate with the third most qualified consultant. At any time, all proposals may be rejected and MoDOT can re-advertise the project with a revised scope.<br /> <br /> ===134.3.7 Negotiation Documentation===<br /> All written correspondence with the consultant during the course of the negotiations is included in and made part of the project file for the consultant contract, including all email correspondence. Document in writing all verbal communication and personal visits with the consultant regarding the contract negotiations and also include in the project file. These records shall be maintained for a period of three years after the final invoice is submitted. If any litigation, claim, negotiation, audit or other action involving the records is started before the expiration of the three-year period, the records are retained until completion of the action and resolution of all issues arising from it or until the end of the three-year period, whichever is later.<br /> <br /> ===134.3.8 Contract Assurances===<br /> Prior to executing a contract with a consultant, MoDOT will assure the following: <br /> <br /> :1. The consultant has been apprised of all applicable technical work requirements and administrative controls, including those of the FHWA and any other agencies that may have jurisdictions over the project. <br /> :2. After selection, the firm was provided all pertinent information relative to the desired engineering services or other professional services requested. The tentative contract set out the scope of the services in sufficient detail to provide the consultant with a definite knowledge of the services and results expected. The consultant was instructed to submit a proposal that indicated clearly identifiable, sufficiently detailed, and easily auditable charges for the work and/or units of work. These proposed charges (rates and man-hours) were reviewed for acceptability before negotiations proceeded. <br /> :3. Contracts include a requirement for a three-year retention of records after the final payment is made under the contract. On actual cost contracts, the consultant was informed that records must be open for inspection by authorized government personnel.<br /> <br /> ==134.4 Contract Approval, Execution and Distribution==<br /> Once the district and the division agree to the man-hours, salary rates, overhead rates, direct costs, and fixed fee, the information is submitted to the PSC for review and approval, via the email group CODEPSCReview. See [[media:134.4.1 2022.docx|Fig. 134.4.1]]. The submittal letter to the PSC documents that the above procedures have been followed and the requirements of Brooks Act, [http://www.fhwa.dot.gov/programadmin/23cfr172.cfm 23 CFR 172] and [https://revisor.mo.gov/main/OneChapter.aspx?chapter=8&amp;lhn=y RSMO Section 8] have been satisfied. When approved by the PSC, the standard contract language, the scope of services and the consultant’s cost proposal are made part of a formal agreement for execution. <br /> <br /> Consultant agreements are to be sent to the assigned Liaison Engineers for “Review by Staff” in eAgreements. <br /> &lt;div id=&quot;DBE Concurrence must be obtained from External&quot;&gt;&lt;/div&gt; <br /> DBE Concurrence must be obtained from External Civil Rights prior to sending a federally funded agreement to the consultant for execution. The PM/CA will include External Civil Rights (email group '''DBEConcurrence''') as a “Reviewer”, along with the assigned Liaison Engineers, when processing the agreement for “Review by Staff” in eAgreements. External Civil Rights will respond to the email notification if any additional DBE information is needed - including, but not limited to, specific DBE details, such as name of DBE firm, DBE Goal, dollar amount of DBE participation, Exhibits such as Scope of Services, Fee Estimate, etc. <br /> <br /> After receiving the DBE Concurrence from External Civil Rights, the contract may be executed. MHTC authorization to execute the contract may be obtained in one of following ways: <br /> <br /> :1. Projects in the Statewide Transportation Improvement Program (STIP) <br /> :The Commission’s approval of the STIP includes delegation of authority to execute professional services contracts for projects contained in the STIP. The execution of agreements is done either by electronic or wet signature. Instructions are included in the eAgreements Training Manual and summarized below. <br /> <br /> :2. Projects Not Included in the STIP <br /> :To obtain authorization to execute contracts for projects that are not included in the approved STIP and have a contract ceiling exceeding $25,000, the contracts must be presented to the MHTC at a regularly scheduled monthly meeting. The appropriate division places these contracts on the Commission agenda for the next meeting. The District Engineer or division engineer should be prepared to discuss this item at the Commission meeting in case questions arise. After obtaining authorization to execute the contract from the Commission, the contract administrator then proceeds with the execution process. <br /> <br /> &lt;u&gt;Execution and Distribution of the Professional Services Contract&lt;/u&gt;<br /> <br /> The Professional Services Contract shall be executed [[media:134 Docusign.pdf|electronically in DocuSign]]:<br /> <br /> :* Electronic Signatures – Signing agreements electronically in DocuSign will expedite the execution process. The PM/CA must add all recipients in the DocuSign site that need to sign and/or receive an electronic copy (see below) of the fully executed agreement. <br /> <br /> The PM/CA must send an electronic copy of the fully executed agreement to various Central Office Divisions. For electronically executed agreements, this is done by cc:/ in DocuSign. The following are the Central Office Divisions that must be notified:<br /> <br /> :* Financial Services Division (email group '''Obligate''' with message '''“Obligate - please obligate funds for the fully executed agreement and please advise when we can give a NTP”''' and provide any specific funding details here, as applicable).<br /> :* Design Division (email group '''CODEPSCReview''' with message '''“CODEPSCReview - fully executed agreement for your records”'''). <br /> <br /> '''Note:''' If federal funds are used, the PM/CA must wait for email notifications from the following Central Office Divisions before issuing Notice to Proceed the consultant:<br /> :* Financial Services indicating the obligation of funds is complete<br /> :* External Civil Rights (ECR) indicating concurrence in DBE participation.<br /> <br /> If federal funds were used to finance the contract, Financial Services submits a copy of the executed contract to the FHWA Finance Section for approval. Federal funds will not be paid for charges to the contract prior to FHWA approval. Any supplemental agreements are also submitted to the FHWA after execution. <br /> <br /> &lt;u&gt;Notice to Proceed Letter&lt;/u&gt;<br /> <br /> The PM/CA is responsible for sending a [[media:134.4.2 2016.docx|Notice to Proceed (NTP) Letter (Fig. 134.4.2)]] to the consultant. The NTP cannot be sent prior to:<br /> <br /> :* Receiving DBE concurrence from External Civil Rights. <br /> :* Execution of the contract.<br /> <br /> ==134.5 Consultant Contract Administration==<br /> A MoDOT employee will be assigned as the PM/CA for each contract, including contracts in which the services are for project management of a construction project or for contract administration. MoDOT's PM/CA is responsible for administering the contract and overseeing the consultant’s progress towards the provision of services required by the contract. Some of these responsibilities are: <br /> <br /> :1. Scheduling and attending progress meetings with the consultant and being involved in decisions leading to change orders or supplemental agreements. <br /> :2. Being familiar with the qualifications and responsibilities of the consultant’s staff. <br /> :3. Assuring that costs billed are consistent with the acceptability and performance of the consultant’s work. <br /> :4. Monitoring the consultant’s operations, as necessary, and adequately documenting contract performance (prior to final settlement of the contract) for later use. <br /> :5. Conducting interim technical and audit evaluations as deemed necessary during the performance of the consultant contract. <br /> :6. Completing performance evaluations in the Design Consultant Database at major milestones and at the completion of the contract. An evaluation is to be completed at least annually. <br /> :7. Notifying the Design Division, Financial Services and AI when a project is complete and finalized. The PM/CA should make arrangements with the Resident Engineer to be notified when construction is complete. <br /> <br /> ===134.5.1 Invoicing===<br /> The consultant files a monthly invoice and progress report to the PM/CA. The [[media:134_5_1_1_2021.xlsx|invoice template found in Fig. 134.5.1.1]] must be used for all consultant contracts. Prime consultant invoices '''must''' use Fig. 134.5.1.1. Sub-consultants who have a contract with the prime that is greater than $25,000 must either use Fig. 134.5.1.1 or provide all the information that is listed in this figure to be considered acceptable. Each invoice must be submitted with the necessary supporting documentation and must be numbered in sequential order and label the final invoice as FINAL. The invoice shall be based on the total incurred cost during the invoice period. Invoices should identify each task in the scope of work, as well as the employees and hours spent on each task during the billing period. Direct costs must also be shown by task. The [[media:134.5.1.2 July 31, 2012.docx|MoDOT Consultant Invoice Checklist (Fig 134.5.1.2)]] can be used as tools to ensure all proper documentation is in place for each invoice in order for the invoice to be accepted and paid. [[media:134.5.1.5 Sept 2012.xlsx|Fig. 134.5.1.5]] is available as an example of a filled-out invoice.<br /> <br /> The PM/CA should make every effort to see that the consultant is paid in a timely manner, the goal being 30 days. Missouri law states that the consultant is entitled to interest if the invoice is not paid in 45 days. The 45-day period starts when all questions about the invoice have been addressed and agreed to by both parties. <br /> &lt;div id=&quot;The PM/CA uploads a copy&quot;&gt;&lt;/div&gt;<br /> The PM/CA uploads a copy of the invoice to Financial Services' [http://sp/sites/fs/Contractual/Forms/Contractual.aspx Contractual Payments Library] following the [http://sp/sites/fs/FS_AP/Contractual/Shared/Contractual_Library_Instructions.pdf step-by-step instructions], which includes the PM/CA indicating the invoice as having been reviewed, thus approving it for payment. [[media:134.2.2 Jan 2020.docx|Fig. 134.2.2]] and [[media:134.2.4 July 11 2017.doc|Fig. 134.2.4]] are checklists to help PM/CAs with the paperwork process for Standard and On-call contracts, including invoicing.<br /> <br /> The following metadata fields are required: <br /> :* Name (J#, invoice#, Consultant abbrev.)<br /> :* Job No. (include the J)<br /> :* Financial No. (if known)<br /> :* Agreement No. (eAgreements)<br /> :* Payee/Vendor<br /> :* Invoice Date<br /> :* Invoice Number<br /> :* Invoice Amount<br /> :* Final Invoice (if applicable)<br /> :* District/Division/Office<br /> :* Reviewed and Approved (checkbox)<br /> :* Reviewed and Approved By<br /> :* Activity Code<br /> :* Link to eAgreements (first invoice only)<br /> :* Payment Status (default to New Entry)<br /> :* Comment (if necessary).<br /> <br /> The following are the most frequently used activity codes:<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |'''Activity'''||width=&quot;15&quot;| ||'''Description'''<br /> |-<br /> |align=&quot;center&quot;|R351|| ||Conceptual Plans<br /> |-<br /> |align=&quot;center&quot;|R352|| ||Surveying/Mapping<br /> |-<br /> |align=&quot;center&quot;|R354|| ||Preliminary Plans<br /> |-<br /> |align=&quot;center&quot;|R356|| ||Final Design Plans<br /> |-<br /> |align=&quot;center&quot;|R358|| ||Final Construction Plans<br /> |-<br /> |align=&quot;center&quot;|R35A|| ||Support – Build New Hwys &amp; Bridges<br /> |}<br /> <br /> If the contract encompasses more than one job number, or if there are separate invoices, each invoice will need to be uploaded separately and the partnering jobs listed in the comment section of the metadata. When the last invoice is submitted for payment, the final invoice checkbox should be checked. This notifies Financial Services that the contract is complete. (See [[#134.5.3 Consultant Contract Close-Out|EPG 134.5.3 Consultant Contract Close-Out]]).<br /> <br /> If the consultant project/agreement has more than 4 jobs associated with it, the PM/CA will continue to submit the Consultant invoices electronically by email to Financial Services at '''Contractual.Payments@modot.mo.gov.'''<br /> <br /> Design-Build (contractor) invoices and non-contractual invoices will continue to be submitted electronically by email to Financial Services at '''Contractual.Payments@modot.mo.gov.''' However the design-build consultant invoices should be submitted using the Contractual Payments Library.<br /> <br /> If errors are found on the consultant invoice, the PM/CA should contact the consultant and request a corrected invoice. The PM/CA should never change an invoice. The invoice should be sent back to the consultant for corrects and '''they must re-date the invoice''' and re-submit to MoDOT. If the consultant makes an error and requests more reimbursement than allowed by the contract, the PM/CA may submit the invoice and authorize payment of an amount less than the invoice requests. The reasons for paying an amount different than the invoice requests must be clearly documented in the cover letter. <br /> <br /> If the period of service in the contract has lapsed, a letter to extend the period of service signed by both MoDOT and the consultant must be completed prior to paying any invoices. For hourly-rate contracts the period of service is defined in the MOU not the Master Agreement.<br /> &lt;div id=&quot;Consultant invoices for projects&quot;&gt;&lt;/div&gt;<br /> Consultant invoices for projects administered by the [https://modotgov.sharepoint.com/sites/br Bridge Division] should be submitted electronically by the consultant directly to '''BRInvoiceAdmin@modot.mo.gov''' and the Structural Liaison Engineer assigned to the project should be copied on the email.<br /> <br /> Electronic payments to a consultant may be set up by submitting an “Electronic Funds Transfer” form. Information is available at [https://missouribuys.mo.gov/ MissouriBUYS].<br /> <br /> ====134.5.1.1 Workforce Diversity Verification====<br /> The workforce diversity verification section of the template invoice ([[media:134_5_1_1_2021.xlsx|Fig. 134.5.1.1, Blank Consultant Invoice ]]) must be filled out. The verification summary should contain the '''project team’s''' diversity, not the company wide diversity. For reporting purposes, females and minorities are the only diversity categories that must be reported in the verification summary. The following groups are considered to be minorities: Black, Hispanic, Asian, American Indian, Native Hawaiian or Pacific Islander. The report is based on the hours worked by minorities and women during each invoicing period.<br /> <br /> ===134.5.2 Supplemental Agreements===<br /> Supplemental agreements are used to add/delete work within the scope of services that was advertised in the RFQ. Supplemental agreements cannot be used to increase the scope of work outside the solicitation/RFQ or to increase overhead or fixed fee. For example, a no cost supplemental agreement can be executed to extend the period of service as outlined in the original consultant contract.<br /> <br /> Each supplemental agreement must include new subconsultants, and modifications to the scope of services, new cost estimates and schedule or period of service adjustments as applicable.<br /> <br /> Costs associated with these modifications to the scope of services may be covered by the unit costs included in the original contract or by a newly negotiated cost in the supplemental agreement. Direct costs and overhead costs for the services contained in the supplemental agreement should reflect the costs that will be in effect during the performance of the service. <br /> &lt;div id=&quot;Once it is determined that the scope of services&quot;&gt;&lt;/div&gt;<br /> <br /> Once it is determined that the scope of services needs modification, the PM/CA follows the same negotiation process for the supplemental agreement that is followed for new contracts through submission to the PSC, via the email group CODEPSCReview. Any modifications to the scope of services, whether it results in a change in cost or not, must be included in an approved supplemental agreement. If a DBE goal was established in the original contract it will continue to apply. The agreement must be executed prior to the consultant receiving authorization to proceed with the modified scope of services. Supplemental Agreements for extension of time, with no additional cost, are not required to be submitted through the PSC. The district or division director has the delegation of authority to sign the Supplemental Agreement if the total contract is below $100,000. If the combined original contract cost and the supplemental agreement cost are above $100,000, then a member of the Executive Committees must sign the supplemental agreement. The executed copy of the Supplemental Agreement must be submitted through CODEPSCReview. <br /> <br /> When a supplemental agreement is necessary, additional funds to cover the added costs in the contract must be identified from the appropriate budget category and be approved as a necessary expenditure. <br /> <br /> Supplemental agreements shall be sent to the assigned Liaison Engineers for “Review by Staff” in eAgreements. <br /> &lt;div id=&quot;DBE Concurrence must be obtained from External Civil&quot;&gt;&lt;/div&gt;<br /> DBE Concurrence must be obtained from External Civil Rights prior to sending a federally funded agreement to the consultant for execution. The PM/CA will include External Civil Rights (email group '''DBEConcurrence''') as a “Reviewer”, along with the assigned Liaison Engineers, when processing the agreement for “Review by Staff” in eAgreements. External Civil Rights will respond to the email notification if any additional DBE information is needed - including, but not limited to, specific DBE details, such as name of DBE firm, DBE Goal, dollar amount of DBE participation, Exhibits such as Scope of Services, Fee Estimate, etc. <br /> <br /> After receiving the DBE Concurrence from External Civil Rights, the contract may be executed. The contract information is submitted to the PSC via the email group CODEPSCReview using [[media:134.5.2 2017.docx|PSC Approval to Execute Supplemental Agreement, <br /> Fig. 134.5.2]]. After PSC approval, the PM/CA will execute the supplemental agreement. The supplemental agreement is executed [[media:134 Docusign.pdf|electronically in DocuSign]]:<br /> <br /> :* Electronic Signatures – Signing agreements electronically in DocuSign will expedite the execution process. The PM/CA must add all recipients in the DocuSign site that need to sign and/or receive an electronic copy (see below) of the fully executed supplemental agreement. <br /> <br /> The PM/CA must send an electronic copy of the fully executed supplemental agreement to various Central Office Divisions. For electronically executed agreements, this is done by cc:/ in DocuSign. The following are the Central Office Divisions that must be notified:<br /> <br /> :* Financial Services Division (email group '''Obligate''' with message '''“Obligate - please obligate funds for the fully executed agreement”''' and provide any specific funding details here, as applicable).<br /> :* Design Division (email group '''CODEPSCReview''' with message '''“CODEPSCReview - fully executed agreement for your records”'''). <br /> <br /> '''Note:''' If federal funds are used, the PM/CA must wait for email notifications from the following Central Office Divisions before issuing Notice to Proceed to the consultant:<br /> :* Financial Services indicating the obligation of funds is complete<br /> :* External Civil Rights (ECR) indicating concurrence in DBE participation<br /> <br /> If federal funds were used to finance the contract, Financial Services submits a copy of the executed contract to the FHWA Finance Section for approval. Federal funds will not be paid for charges to the contract prior to FHWA approval. Any supplemental agreements are also submitted to the FHWA after execution.<br /> <br /> &lt;u&gt;Notice to Proceed Letter &lt;/u&gt;<br /> <br /> The PM/CA is responsible for sending a [[media:134.4.2 2016.docx|Notice to Proceed (NTP) Letter (Fig. 134.4.2)]] to the consultant. The NTP cannot be sent prior to: <br /> :* Receiving DBE concurrence from External Civil Rights. <br /> :* Execution of the contract <br /> :* Obligation of federal funds by Financial Services.<br /> <br /> ===134.5.3 Consultant Contract Close-Out===<br /> To close out a consultant contract the PM/CA must notify Design, External Civil Rights and Financial Services that the last invoice is the FINAL invoice and no further payments will be processed. The PM/CA must change the Agreement Status to “Completed” in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements] to initiate the retention schedule of the document and to accurately track open/closed contracts. See [[#134.5.1 Invoicing|EPG 134.5.1 Invoicing]] for information on invoicing and the appropriate email addresses to send the FINAL invoices.<br /> <br /> '''Final Audit.''' MoDOT conducts a final audit to determine total allowable contract costs, unless the contract is on a firm, fixed-price basis. Allowable cost principles are identified based on the experience of MoDOT personnel in administering past contracts and in accordance with applicable requirements of [https://www.law.cornell.edu/cfr/text/48/part-31 48 CFR Part 31], Federal Acquisition Regulation (FAR), and [http://www.fhwa.dot.gov/programadmin/23cfr172.cfm 23 CFR 172, Administration of Engineering and Design Related Service Contracts]. <br /> <br /> The PM/CA is responsible for notifying Design when the contract is substantially complete. The final audit may be conducted any time after the project is let; the consultant contract need not be completed for the final audit to be conducted. <br /> <br /> Should MoDOT agree prior to contract execution that it is necessary for a consultant to purchase special equipment, materials, or property to accomplish the required services, MoDOT will establish a before and after value and will receive an appropriate credit for any residual values. This credit is passed on to FHWA.<br /> <br /> ===134.5.4 Consultant Performance Appraisals===<br /> The MoDOT PM/CA must perform an [http://netprod3/DesignConsultant/Questionnaire Online Evaluation] of the consultant’s performance under any engineering services contract with MoDOT at each project milestone and at a minimum, on an annual basis during the term of the consultant’s services provided by the contract. Input for the evaluation should be requested from other divisions that may have project experience with the company, such as the Environmental section, or Construction Division. MoDOT’s PM/CA also completes a final comprehensive evaluation of the consultant’s performance within 30 days after contract completion. The evaluation is included in the project file. MoDOT personnel complete another evaluation of the consultant’s performance within 30 days of completion of the construction phase of the project. The evaluation must contain written comments on how the evaluation was determined. All evaluation comments must be factual and not based upon personal opinion, i.e. all comments must be able to be backed up by actual facts.<br /> <br /> Upon completing any evaluation, furnish a copy to the consultant prior to meeting with the district or division project manager to discuss the evaluation. These evaluations are included in MoDOT’s Design Consultant Database and are used during consideration of the consultant for future work assignments. The PM/CA is defined as the project manager, or other person who is responsible for reviewing and approving the consultant’s invoices.<br /> <br /> ===134.5.5 Restitution for Errors and Omissions===<br /> At times, errors or omissions in the project design or in the information provided for the project may become evident during a project’s bidding or construction phases. When this occurs, the causes surrounding the errors or omissions are investigated to determine a final resolution, which may require financial restitution. A face-to-face meeting between the DE and the consultant will take place to discuss the situation. <br /> <br /> The procedure for investigating errors or omissions is: <br /> <br /> :1. Contractor/RE initializes a change order with the reason code – CD ([https://epg.modot.mo.gov/files/b/b4/Recovery_of_Cost_Due_to_Consultant_Design_Error.doc Consultant Design Error]). The RE and PM from Construction and Design review the change order and develop recommendation for action and assessment of both direct and indirect costs. <br /> <br /> :2. The District Construction and Material Engineer and the District Engineer review and provide comments. <br /> <br /> :3. The District Engineer reviews and makes final district recommendations. Form is forwarded to the Construction Division. <br /> <br /> :4. The Construction Division Liaison Engineer, the Design Division Liaison Engineer and CCO jointly make the final decision regarding pursuit of reimbursement. The district is informed of the decision. <br /> <br /> :5. If the decision is to pursue recovery of costs, then CCO drafts a “Letter of Notice” for the District Engineer’s signature. <br /> <br /> :6. The District Engineer sends the Letter of Notice to the Controller’s Division – Accounts Receivable Section (CT A/R) requesting an invoice be created. A copy is to be sent to the Design Division. <br /> <br /> :7. Upon receipt of DE’s Letter of Notice to the design consultant, Controller’s Division will create an invoice for the amount of the claim and submit it directly to the design consultant with the Letter of Notice. The revenue source code of 1814-05 “Design Consultant Claims” will be used to track reimbursement by design consultants. <br /> <br /> :8. If the consultant does not respond by the “respond by date” in the Letter of Notice, then the Design Liaison Engineer presents the background information to senior management, who make a decision whether or not to begin legal proceedings to pursue reimbursement of costs. If legal proceedings are pursued, Design Liaison Engineer notifies Controller’s Division – Accounts Receivable. <br /> <br /> Should formal dispute resolution as detailed in [[#134.6 Dispute Resolution|EPG 134.6 Dispute Resolution]] be initiated during the above procedure, the following steps will ensure MoDOT receives payment: <br /> <br /> :1. The PM/CA, with the help of CCO, prepares and provides the controller with a letter from the State Design Engineer to the consultant indicating the Dispute Resolution Committee’s (DRC) decision and the dollar amount of restitution. <br /> <br /> :2. The controller prepares an invoice for the amount of the restitution payment and sends it to the consultant with the letter from the State Design Engineer. A copy of the letter and invoice is provided to the Design Division and the district. These documents indicate the payment is made to Department of Revenue – Credit State Road Fund and mailed to: <br /> <br /> :::Missouri Department of Transportation <br /> :::Controller’s Office <br /> :::P.O. Box 270 <br /> :::Jefferson City, Mo. 65102 <br /> <br /> :The controller will track the invoice to ensure payment is received from the consultant in a timely manner. <br /> <br /> ===134.5.6 Incentive and Disincentive Program===<br /> <br /> MoDOT has instituted an incentive and disincentive program with the consulting industry to assure that consultants: <br /> <br /> :1. Deliver the most cost-efficient design that provides the right solution to the identified need (i.e., Practical Design) <br /> :2. Deliver quality plans <br /> :3. Deliver the roadway and bridge design plans on time as required in the contract <br /> :4. Prepare construction cost estimates that are within an acceptable range of the contract award amount.<br /> <br /> The incentive and/or disincentives vary according to the listed category. This program will not be used on every MoDOT roadway and bridge design contract. The incentive and disincentives will be used in whole or in part on major projects that are critical to MoDOT accountability with the public. Fifty percent of the fixed fee is the maximum disincentive that can be incurred. When the district requests approval from the PSC chair to solicit consultant services, the approval will specify whether the contract will or will not include the incentive/disincentive program. Project specific incentives and disincentives will be noted in the contract agreement. <br /> <br /> '''Cost-effective Design (Practical Design) and Quality Plans.''' The consultant’s performance on delivering the most cost-efficient design that provides the right solution for the identified need will become a part of the consultant performance evaluation. Quality of Plans will be based on the score for overall performance. <br /> <br /> Evaluation scores must be considered on all future contract selections. Consultants who perform poorly or who do not deliver cost-effective designs will not be considered for future contracts until they demonstrate to MoDOT that significant changes have been made within their company to address the concerns. The PSC will monitor this performance and MoDOT staff will be kept informed on the status of any firms that are not being allowed to compete for projects. <br /> <br /> '''Deliver Roadway and Bridge Design Plans on Time. '''<br /> <br /> :'''Right of Way Plans.''' The project manager should use the flowchart below to determine whether the incentives or disincentive are applicable based on the scheduled delivery date contained in the current contract or supplemental agreement. If changes are made by MoDOT that impact scheduling, the letting date may be re-negotiated .<br /> <br /> [[Image:Design Plan Delivery Flow Chart.png|center|600px]]<br /> <br /> <br /> :'''Final Plans, Surveys, and Estimates.''' The project manager should use the flowchart below to determine whether the incentive or disincentive is applicable based on the scheduled delivery date contained in the current contract or supplemental agreement. If changes are made by MoDOT that impact scheduling, the letting date will be re-negotiated. <br /> <br /> [[Image:PS&amp;E Delivery Flow Chart.png|center|600px]]<br /> <br /> <br /> :'''Accurate Cost Estimates''' are critical for MoDOT to be able to deliver the program promised to the public. Program estimates are published in the STIP and each district programs sufficient projects each year to spend every dollar allocated. Poor estimating causes MoDOT numerous problems at letting. Once the project budget has been set it is then the design consultant’s responsibility to design a good project that satisfies the purpose and need within that budget. The project manager should use the flowchart below to determine whether the consultant qualifies for an incentive or disincentive based on their project estimates. <br /> <br /> [[Image:Incentive Disincentive Decision Flow Chart.png|center|600px]]<br /> <br /> <br /> ==134.6 Dispute Resolution==<br /> <br /> [[Image:134.3.3.jpg|center|750px]]<br /> <br /> Once a consultant is selected to work for MoDOT, circumstances may arise that lead to a dispute between MoDOT’s PM/CA and the consultant. In most cases, a complete understanding and recognition of each party’s concerns will result in successful resolution of the disagreement. However, when that is not the case, this [[#Dispute Resolution Process (DRP)|dispute resolution procedure]] is used. <br /> <br /> The relationship between the consultant and MoDOT is a professional contractual relationship. All parties to the contract should understand the dispute resolution process. The PM/CA and the consultant should make every attempt to fully understand the dispute and express honest statements of fact prior to initiating formal dispute resolution. In this context, the PM/CA is defined as the person who authorizes MoDOT’s payment of the consultant invoices. <br /> <br /> Before initiating formal dispute resolution, the following activities should occur: <br /> <br /> :1. The district engineer, or division engineer (hereinafter indicated by “DE”) prepares a letter to the consultant outlining the contested issues. <br /> <br /> :2. The disputing parties (project manager level for both MoDOT and consultant) participate in a face-to-face meeting. <br /> <br /> :3. The consulting firm conveys the firm’s recommendations for resolving the dispute. <br /> <br /> :4. MoDOT’s representative discusses the consultant’s proposed resolution and responds in a letter, either accepting the proposal or offering a rebuttal. <br /> <br /> :5. MoDOT and the consultant attempt to negotiate a settlement. <br /> <br /> If the PM/CA and the consultant reach an agreement that provides the consultant with payment greater, or less than the contract maximum, the PM/CA needs to initiate a supplemental agreement and follow normal procedures to get the supplemental agreement executed, including approval by the PSC. If no settlement is forthcoming, formal dispute resolution is initiated. <br /> <br /> ===134.6.1 Initiating Formal Dispute Resolution===<br /> When attempts between the PM/CA and the consultant have failed to resolve the disagreement, the consultant should enumerate the firm’s concerns in a letter to the DE, thereby initiating formal dispute resolution. A Dispute Resolution File should be started by the PM/CA. <br /> <br /> Disagreements may arise over the scope of services, fees, hours, the consultant evaluation, errors and omissions, or other issues. Initiation of the resolution process will in no way be reflected on negatively in the consultant’s performance evaluation. The consultant’s letter to the DE should specifically outline the disagreement and the consultant’s view of the issues. This detailed letter must include: <br /> <br /> :1. A clear description of the items that are being disputed <br /> :2. What the consultant desires to resolve the dispute <br /> :3. Background—the sequence of events that led to the dispute <br /> :4. Documentation to support the request <br /> :5. All correspondence between the parties relating to the items in dispute (including e-mail) <br /> :6. A listing of previous attempts to resolve the issue (including e-mail) <br /> :7. A copy of the contract and any supplemental agreements <br /> <br /> Upon receiving the consultant’s letter and documentation, the DE will have the PM/CA prepare a similar letter, also addressed to the DE, outlining the administrator’s view of the disagreement with particular attention to the information in the consultant’s letter. MoDOT may also initiate formal dispute resolution by the PM/CA sending a letter, under the DE’s signature, to the consultant contact listed in the contract. The consultant should be directed to respond to the department’s letter. As a courtesy, the PM/CA should notify the consultant project manager before writing this letter. <br /> <br /> ===134.6.2 Dispute Review by District or Division Engineer===<br /> The PM/CA transmits the letter documenting the issues of the dispute, with the consultant’s letter attached, to MoDOT’s DE for review. In addition, the DE also notifies the Assistant Chief Engineer and the State Design Engineer that formal dispute resolution has been initiated. With this notice, the State Design Engineer begins tracking the dispute resolution process. Whenever the two parties in the dispute reach a resolution, the State Design Engineer should be notified of the following: <br /> <br /> :1. Where in the process resolution was reached <br /> :2. The date resolution was reached <br /> :3. What resolution was reached <br /> <br /> The DE evaluates the information in the letters, discussing it with the PM/CA and the consultant project manager as necessary. <br /> <br /> ===134.6.3 Meeting of the Two Parties===<br /> The DE arranges a meeting with the consultant principal. If an agreement is reached after discussion between the DE and the consultant principal, the DE provides a letter to the firm indicating the terms of the agreement. However if agreement is still not reached, the dispute may be taken to the Dispute Resolution Committee. <br /> <br /> ===134.6.4 Dispute Resolution Committee===<br /> The Dispute Resolution Committee (DRC) is comprised of the Assistant Chief Engineer (acting as chair), Director of External Civil Rights, and Chief Financial Officer. In preparation for the DRC’s meeting, the DE will share written details of the formal dispute resolution’s outcome to this point with the State Design Engineer who then facilitates the DRC procedures. The committee will review this information together with other background information, including the original letters from the PM/CA and the consultant project manager outlining the dispute. When the committee meets, all representatives of the disputing parties are given the opportunity to attend. The DRC discusses the issues with the disputing parties and tries to reach a resolution satisfactory to both parties. If a resolution cannot be reached, an offer of mediation is made to the two parties. Should both parties agree to use mediation to settle the claim, they will share the cost of mediation equally. <br /> <br /> If an agreement is reached, the DRC sends the consultant a letter outlining the resolution of the dispute. <br /> <br /> ===134.6.5 Mediation===<br /> A mediator is an outside party who facilitates a discussion between the disputing parties and enables them to explore options to reach agreement. Responsibility for dispute resolution is solely that of MoDOT and the consultant. The mediator has knowledge of the process and the general terms of the dispute but is not intimately knowledgeable of all project details. <br /> <br /> After the consultant has accepted MoDOT’s offer for mediation, the State Design Engineer is responsible for making arrangements for a mediator. This includes selecting an approved mediator from a list (developed jointly by ACEC and MoDOT) and arranging the time and place of the meeting. Participants at the meeting are limited to the DE, the DRC’s chair, the consultant principal, and the mediator. Others, including the PM/CA and the consultant project manager, are not active participants in this meeting but may provide information if the mediator so requests. Legal representation is optional. The disputing parties are responsible for their own costs associated with the mediation but will share all expenses associated with the mediator equally. <br /> <br /> Should the mediation result in the dispute’s resolution, the DRC sends the consultant a letter explaining the resolution of the dispute. However, should the mediation not result in resolution of the dispute, the issue is forwarded to MoDOT's Chief Engineer for final action. <br /> <br /> ===134.6.6 Final Decision by the DRC===<br /> When mediation fails, the State Design Engineer will notify the DRC and MoDOT’s Chief Engineer and provide any additional information gathered during the mediation process. The Chief Engineer will review the information provided and if desired, meet with the members of the DRC to discuss the results of the dispute resolution process up to that point. Upon decision by the Chief Engineer, the State Design Engineer provides a letter to the DE and the consultant principal informing them of the decision. When the consultant receives the letter from the State Design Engineer outlining the decision of the Chief Engineer, the firm may respond; however, formal dispute resolution will have been completed and MoDOT will not entertain further appeals from the consultant. <br /> <br /> &lt;div id=&quot;Dispute Resolution Process (DRP)&quot;&gt;&lt;/div&gt; <br /> <br /> <br /> [[Image:134.3.3.7.jpg|center|650px]]<br /> &lt;font color = &quot;white&quot;&gt;ko&lt;/font color = &quot;white&quot;&gt; <br /> &lt;center&gt;'''Dispute Resolution Process (DRP)'''&lt;/center&gt;<br /> &lt;font color = &quot;white&quot;&gt;ko&lt;/font color = &quot;white&quot;&gt;</div>

Hallej1 https://epgtest3.modot.org/index.php?title=LPA:136.8_Local_Public_Agency_Land_Acquisition&diff=51943 2022-10-27T18:32:49Z

<p>Hallej1: /* 136.8.1.2 State Responsibility */ edited per RR#3581</p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:15px; border: 2px solid #cccccc; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;300px&quot; align=&quot;right&quot; <br /> |- <br /> |'''Forms'''<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Request%20for%20RW%20Acquisition%20Authority%20136.8.1.docx Acquisition Authority Request (Form 136.8.1)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Adj%20of%20Value%20or%20Just%20Compensation%20Form%20136.8.2.docx Adjustment of Value or Just Compensation (Form 136.8.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Administrative%20Settlement%20Justification%20Form%20136.8.3.docx Administrative Settlement Justification (Form 136.8.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Appraisal%20Monitor%20Checklist%20Form%20136.8.4.docx Appraisal Monitor Checklist (Form 136.8.4)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Appraisal%20Review%20Form%20136.8.5.docx Appraisal Review (Form 136.8.5)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Assumptions%20and%20Limiting%20Conditions%20Form%20136.8.6.docx Assumptions and Limiting Conditions (Form 136.8.6)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Certificate%20of%20Appraiser%20Form%20136.8.7.docx Certificate of Appraiser (Form 136.8.7)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Clearance%20Certification%20Statement%20Form%20136.8.8.docx Clearance Certification Statement (Form 136.8.8)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Comparable%20Lease%20Form%20136.8.9.docx Comparable Lease (Form 136.8.9)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Donation%20in%20Exchange%20for%20Construction%20Features%20Letter%20Form%20136.8.10.docx Donation in Exchange for Construction Features Letter (Form 136.8.10)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Final%20Vacancy%20Notice%20for%20Relocation%20Form%20136.8.11.docx Final Vacancy Notice for Relocation (Form 136.8.11)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Legal%20Justification%20for%20Settlement%20Form%20136.8.12.docx Legal Justification for Settlement (Form 136.8.12)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Legal%20Trial%20Report%20136.8.13.docx Legal Trial Report (Form 136.8.13)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/LPA%20Prorata.docx Local Public Agency Prorata Real Estate Tax Claim (Form 136.8.7.1.11)]<br /> |-<br /> |[[media:236 RW Leaflet.doc|LPA Right of Way Acquisition Brochure]]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/LPA%20Negotiator%20Services%20Agreement%20Form%20136.8.14.docx LPA Negotiator Services Agreement (Form 136.8.14)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Negotiator's%20Report%20Form%20136.8.15.docx Negotiator's Report (Form 136.8.15)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Nonresidential%20Sale%20Form%20136.8.16.docx Nonresidential Sale (Form 136.8.16)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Parcel%20File%20Checklist%20Form%20136.8.17.docx Parcel File Checklist (Form 136.8.17)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Plan%20Review%20Checklist%20Form%20136.8.18.docx Plan Review Checklist (Form 136.8.18)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Privately%20Donated%20Land%20as%20Credit%20to%20Matching%20Share%20of%20Project%20Costs%20Form%20136.8.19.docx Privately Donated Land as Credit to Matching Share of Project Costs (Soft Match), Form 136.8.19]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Project%20Acquisition%20Monitor%20Checklist%20Form%20136.8.20.docx Project Acquisition Monitor Checklist (Form 136.8.20)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Proposal%20for%20Appraisal%20Work%20Form%20136.8.21.docx Proposal for Appraisal Work (Form 136.8.21)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Relocation%20Monitor%20Checklist%20Form%20136.8.22.docx Relocation Monitor Checklist (Form 136.8.22)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Residential%20Sale%20Form%20136.8.23.docx Residential Sale (Form 136.8.23)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Review%20Appraiser%20Contract%20Form%20136.8.24.docx Review Appraiser Contract (Form 136.8.24)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Right%20of%20Way%20Acquisition%20Schedule%20Form%20136.8.2.2.docx Right of Way Acquisition Schedule (Form 136.8.2.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Right%20of%20Way%20Acquisition%20Scehdule%20Instructions%20Form%20136.8.2.2.A.docx Right of Way Acquisition Schedule Instructions (Form 136.8.2.2.A)]<br /> |-<br /> |[[media:136.8.8a.docx|Right of Way Required - Personal Property Moved - Occupied Improvements Acquired (Form 136.8.8a)]]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Roster of Approved Contract Appraisers]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved Contract Negotiators]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Sample%20Donation%20Letter%20and%20Waiver%20of%20Appraisal%20Form%20136.8.25.docx Sample Donation Letter and Waiver of Appraisal, Form 136.8.25]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Sample%20Letter%20Offer%20Pyment%20Estimate%20Form%20136.8.26.docx Sample Letter Offer (Payment Estimate), Form 136.8.26]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Sample%20Letter%20Offer%20Value%20Finding%20or%20Standard%20Formt%20Appraisal%20Form%20136.8.27.docx Sample Letter Offer (Value Finding or Standard Format Appraisal), Form 136.8.27]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Scope%20of%20Assignment%20Form%20136.8.28.docx Scope of Assignment (Form 136.8.28)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Standard%20Appraisal%20Format%20Form%20136.8.29.docx Standard Appraisal Format (Form 136.8.29)] <br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Summary%20of%20HB%201944%20Form%20136.8.30.docx Summary of HB 1944 (Form 136.8.30)].<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Summary%20Value%20of%20Tenant%20Interests%20Form%20136.8.31.docx Summary Value of Tenant Interests (Form 136.8.31)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Uniform%20Residential%20Appraisal%20Report%20Form%20136.8.32.docx Uniform Residential Appraisal Report (URAR), Form 136.8.32]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Value%20Finding%20Appraisal%20Format%20Form%20136.8.33.docx Value Finding Appraisal Format (Form 136.8.33)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/Waiver%20Valuation%20Payment%20Estimate%20Form%20136.8.34.docx Waiver Valuation - Payment Estimate (Form 136.8.34)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/60%20Day%20Notice%20of%20Owners%20Rights%20Form%20136.8.35.docx 60-Day Notice of Owners Rights (Form 136.8.35)] <br /> |-<br /> |&lt;div id=&quot;PowerPoint Tutorials&quot;&gt;&lt;/div&gt;<br /> |-<br /> ! &lt;center&gt;'''&quot;How To&quot; PowerPoint Tutorials'''&lt;/center&gt;<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/How%20to%20Request%20RW%20Acquisition%20Authority.pptx How to Request Right of Way Acquisition Authority]<br /> |-<br /> |[https://epg.modot.org/forms/RW/LPA%20Links/How%20to%20Complete%20Right%20of%20Way%20Clearance%20Certification%20Request%205%20year%20rule.pptx How to Complete Right of Way Clearance Certification Request (5-Year Rule)]<br /> |-<br /> |&lt;center&gt;'''Federal-Aid Essential Videos'''&lt;/center&gt;<br /> |-<br /> |[http://www.fhwa.dot.gov/federal-aidessentials/catmod.cfm?category=develop Project Development]<br /> |-<br /> |[http://www.fhwa.dot.gov/federal-aidessentials/catmod.cfm?category=rightofw Right of Way]<br /> |}<br /> <br /> =136.8.1 General=<br /> <br /> ==136.8.1.1 Introduction==<br /> <br /> The acquisition of private property needed in connection with all Federally funded projects is governed by the '''Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended''' (commonly referred to as the Uniform Act) and requirements of state laws as well as any applicable local ordinances. The implementing regulations for the Uniform Act are found in [http://www.fhwa.dot.gov/realestate/ua/index.htm 49 Code of Federal Regulations (CFR) Part 24 and 23 CFR Part 710]. District offices of the Missouri Department of Transportation (MoDOT) can provide copies of the appropriate codes and regulations, upon request.<br /> <br /> Federal funding of any phase of a project necessitates that federal requirements be met in all other phases of the project, as well as the acquisition of property and relocation activities to clear the right of way for construction. Noncompliance with federal law can result in ineligibility for reimbursement for project costs in design, land acquisition, or construction.<br /> <br /> Such projects might include roads, bike/walking paths, block grants, and enhancements, etc. Guidelines and requirements for the acquisition of land for [[:Category:122 Aviation|airports]] and airport expansion projects, are set out in an Aviation land acquisition manual, available from the Multimodal Operations Division of MoDOT.<br /> <br /> Local Public Agencies (LPAs) that must comply with the provisions contained in this article are cities, counties, and any agency acquiring private property or property rights, who have not developed their own manuals or guidelines for the acquisition of private property or property rights. Manuals and procedural guidelines developed by a LPA require the approval of the Federal Highway Administration.<br /> <br /> This article is designed to assist LPAs in complying with applicable federal and state requirements. It is intended for use on small or uncomplicated projects where most of the needed property may be donated, damages to remaining property are minor and no one will be displaced from their homes, farms or businesses.<br /> <br /> If a project has more complex acquisitions than described above, or requires the relocation of property owners or personal property, contact the Right of Way office in a MoDOT [http://www.modot.mo.gov/ district office] for other applicable instructions.<br /> <br /> ==136.8.1.2 State Responsibility==<br /> <br /> MoDOT has the responsibility to ensure that all realty rights needed in connection with a Federal-aid project is acquired in accordance with the Uniform Relocation Act. As outlined in the program agreement between MoDOT and the LPA, MoDOT will monitor LPA acquisition staff and fee services in the acquisition of realty rights. <br /> <br /> The person identified as the “LPA Project Certified Person in Responsible Charge” is required to complete the LPA Basic Training Course and is responsible for ensuring the LPA ROW staff negotiator has ROW acquisition and relocation experience. In addition, the LPA ROW staff negotiator must be listed on the [https://www.modot.org/sites/default/files/documents/Official%20LPA%20Basic%20Training%20Roster%20Master_109.pdf LPA Basic Training Roster]. To be added to the LPA Basic Training Roster, the LPA ROW staff negotiator must complete the ROW portion of the [https://www.modot.org/lpa-basic-training-class-link LPA Basic Training] and [https://www.fhwa.dot.gov/federal-aidessentials/catmod.cfm?id=6 FHWA ROW Training Videos] or provide proof of having three or more years of LPA ROW acquisition experience and be approved by CO ROW. Once the LPA ROW staff negotiator is added to the LPA Basic Training Roster they will remain on the roster and are not required to complete any additional training. <br /> <br /> If an LPA is not adequately staffed to perform these services or has not completed the [https://www.modot.org/lpa-basic-training-class-link LPA Basic Training] within the last two years, the use of fee services in the acquisition process is permitted. Use of fee services for land acquisition activities is covered in [[136.8 Local Public Agency Land Acquisition#136.8.11 Right of Way Services Through Contract|EPG 136.8.11]]. <br /> <br /> MoDOT will monitor real property acquisition and relocation assistance activities conducted by, or on the behalf of, an LPA to determine that these activities are conducted in accordance with provisions of state and federal laws and directives.<br /> <br /> ==136.8.1.3 Local Public Agency’s Responsibility==<br /> <br /> The LPA is responsible for acquisition of all necessary property to permit project construction. This includes right of way, permanent easements (i.e. slopes, drainage, etc.), temporary easements (i.e. construction, [[127.22 Off-Site Borrow, Spoil, and Staging Areas|borrow]], etc.), licenses (i.e. rights of entry, work permits, grade separation agreements, etc.) or any other agreements for the entering on or use of land or property rights for construction purposes.<br /> <br /> The LPA must comply with all applicable requirements if federal funds are used in any phase of the project.<br /> <br /> '''A. Nondiscrimination'''<br /> <br /> LPAs shall comply with all state and federal statutes relating to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 USC 2000 d, e), as well as any applicable titles of the Americans with Disabilities Act (ADA). LPAs shall not discriminate on grounds of the race, color, religion, creed, sex, disability, national origin, age or ancestry of any individual.<br /> <br /> '''B. [[236.7 Negotiation#236.7.7 1099-S Reporting of Acquisitions|1099 Reporting]]'''<br /> <br /> LPAs are reminded that it is their responsibility to report payments to owners for real estate purchases to the Internal Revenue Service. Specific instructions on reporting requirements are found in the IRS instructions for 1099 forms. Certain penalties for not reporting may be encountered.<br /> <br /> Typically, closing agents are required to do the 1099 reporting for all transactions over $600. The LPA would be responsible for this reporting if no closing agent is used, or if compensation is paid through the court system.<br /> <br /> ==136.8.1.4 MoDOT Right of Way Procedures==<br /> <br /> MoDOT has developed [[:Category:236 Right of Way|EPG 236 Right of Way]] that governs its activities relating to right of way acquisition. These procedures define functions, operational procedures and guidance necessary to be eligible for federal funds participation in right of way. Local agencies will be required to follow MoDOT procedures or those contained in this article, unless the agency develops their own written policies and procedures for compliance with the Uniform Act and the [http://www.fhwa.dot.gov/realestate/ua/index.htm Code of Federal Regulations 49 CFR Part 24]. In condemnation, the agency must also fulfill the requirements of [https://revisor.mo.gov/main/OneSection.aspx?section=523 RSMo 523]. These written policies and procedures would be subject to review and acceptance by MoDOT and Federal Highway Administration (FHWA) prior to utilization on a Federal-aid project.<br /> <br /> ==136.8.1.5 Local Public Agency Right of Way Acquisition Brochure==<br /> <br /> An [[media:236 RW Leaflet.doc|LPA Right of Way Acquisition Brochure]] or [http://www.fhwa.dot.gov/realestate/realprop/index.html FHWA brochure] specifically designed for LPA use is available in preprinted form through MoDOT district offices. The right of way acquisition brochure should be made available to all affected property owners on a project at the earliest opportunity (at public hearings, during engineering surveys, first contacts for acquisition of property) to indicate the agency's interest in acquiring the real property and to advise the owner of the acquisition process, and basic protection under the law. The brochure satisfies certain requirements when public hearings are necessary, as well as notification requirements before or upon initiation of negotiations with owners.<br /> <br /> LPAs may develop and use their own brochures with prior MoDOT approval.<br /> <br /> A brochure identifying relocation assistance eligibility and benefits is also available from the MoDOT district office for those parties or businesses that are displaced or must move personal property from the proposed right of way. Contact your district RW office for the most recent relocation assistance brochures available for residential and business displacements.<br /> <br /> ==136.8.1.6 Local Public Agency - Right of Way and Easement Acquisition==<br /> <br /> '''General Summary of the Right of Way Process'''<br /> <br /> The Local Public Agency (LPA) has been awarded a federal-aid project on the Transportation Implementation Program (TIP). The Reasonable Progress Policy and the schedule set by the LPA fixes time lines to be met. With right of way acquisition involved in your project, you must plan to continue the design and acquire right of way simultaneously. Coordination and planning is key to the success of the LPA. To this end, MoDOT has prepared a simple flow chart to help you visualize and plan the acquisition process for your LPA project. <br /> <br /> [[image:236.18.1.6 Flow Chart.jpg|910px|center|thumb|&lt;center&gt;'''RW Flow Chart for the LPA'''&lt;/center&gt;<br /> &lt;center&gt; An [[media:236.18.1.6 Flow Chart.pdf|easily printable version]] of the chart is also available.&lt;/center&gt;]]<br /> <br /> The goal is to acquire right of way AND certify it clear; at the same time the final Plans Specifications and Estimates (PSE) package is approved. Ultimately, the final PSE should not obstruct the completion of the RW clearance, and the RW clearance should not delay the Final PSE. <br /> <br /> These instructions should be used as a map to identify where you are in the RW Process and what to do next. Like many maps, it will not tell you how long it takes, but simply how to get there. How long it will take is up to the project sponsor and the designer. Dealing with private property owners can be dynamic and complicated, but is not out of your control. The more time you can allow for this phase, the more likely you are to meet your schedule for construction.<br /> <br /> '''Square 1'''<br /> The RW Process actually begins during the Preliminary Design Plans (PDP) stage. The approvals you must obtain during PDP directly affect your ability to begin RW Acquisition. Check with your District Design Liaison (DDL) on the status of the environmental and historic clearances. Among other requirements, the environmental categorical exclusion approval must be obtained before the PDP can be approved. <br /> <br /> Some projects will receive a programmatic categorical exclusion for the environmental clearance and a CE-2 submittal will not be required. All projects will still require a [[127.2 Historic Preservation and Cultural Resources|Section 106 Historic]] clearance. A Section 106 form should be sent to the Missouri Department of Natural Resources (MoDNR) to be reviewed as soon as possible in order to keep the process moving. When the CE-2 has been received and the Section 106 has been applied for you may move to the next step.<br /> <br /> '''Square 2''' <br /> <br /> The PDP must be approved prior to submitting RW Plans for approval. This is because the FHWA intends to ensure the alignment will not change before participating in RW or Construction costs. When your Preliminary Design plans are approved, please move ahead. <br /> <br /> '''Squares 3 and 4'''<br /> <br /> Submit RW Plans to MoDOT for review, if there are comments made, revise them and move to the next square. If no comments are made and the RW Plans are approved, skip the next square and move directly to Square 5, RW Plans Approved.<br /> <br /> With no time to waste, move ahead to Square 6; review the most recent RW Cost Estimate for accuracy, age and any new developments with regard to property owners, land sales or new construction. Now is the time to update this cost estimate to ensure you have an accurate number. For a list of eligible and reimbursable RW costs, contact your MoDOT district RW office. Now move to the next square.<br /> <br /> '''Square 7'''<br /> <br /> Now that your reasonably sure how much it will cost, the LPA must determine who will acquire the RW and how it will be paid for. Either one has a direct effect on the other and will decide which path your local agency will take.<br /> <br /> '''Square 8A'''<br /> <br /> Local: If the LPA is staffed to acquire RW, AND the cost is within the local funds held by the LPA for this project, then it may be prudent to use the Local slide to skip the next two squares. Warning, all RW costs will be paid for by the LPA and ONLY the LPA will be accountable for adherence to the requirements of state laws and the CFR Titles 23 and 49, including the Uniform Act.<br /> <br /> '''Square 8B'''<br /> <br /> FHWA: If on the other hand, the local funding is insufficient for the RW Cost estimated, OR the agency is not staffed to acquire RW, it is strongly recommended the LPA use the FHWA path to hire a RW Agent or Firm from MoDOT’s approved list. <br /> <br /> '''Squares 9 and 10'''<br /> <br /> These may include appraisers, negotiators, lawyers, mediators or any firm, which handles all types of right of way services. This path also includes obligating federal funding for the eventual reimbursement of a large percentage of these RW Costs. The LPA and the RW Consultant will both be accountable for adherence to the requirements of state laws and the CFR Titles 23 and 49, including the Uniform Act.<br /> <br /> '''Square 11'''<br /> <br /> The Environmental CE-2 approval was obtained before PDP. Make a copy and hold it until Square 13. Move ahead one square. <br /> <br /> '''Square 12'''<br /> <br /> The Section 106 Historic Register approval / clearance should be available by this time. If you have approval letter, make a copy and hold until you move ahead one space. <br /> <br /> '''Square 13'''<br /> <br /> Fill out the [https://epg.modot.org/forms/RW/LPA%20Links/Request%20for%20RW%20Acquisition%20Authority%20136.8.1.docx Acquisition Authority Request (Form 136.8.1)]. If you have taken the path of FHWA, use the A-Date Request form to have MoDOT review and forward it to FHWA and obligate federal funds for RW Acquisition. Move ahead and wait. <br /> &lt;div id=&quot;Square 14&quot;&gt;&lt;/div&gt;<br /> '''Square 14'''<br /> <br /> If you are following the path marked Local, complete the “Request for Right of Way Acquisition Authority (A-Date) Notice to Proceed” and check the box “Local Public Agency will fund all RW activities…”, your MoDOT - District office will grant your approval to begin RW Acquisition without the use of federal funds in RW. You will be notified when you may begin acquisition. If you check the box “Local Public Agency is requesting Federal Participation in funding RW activities, then you must wait for FHWA to obligate those federal funds. <br /> <br /> The only thing you should have done at this point with regard to RW Acquisition is title work, RW plans, cost estimates and complete the Right of Way Scheduling Tool. These are all eligible for reimbursement under Preliminary Engineering (PE). You may also send a letter to all affected property owners, to advise them of their rights according to the [https://revisor.mo.gov/main/OneSection.aspx?section=523 Eminent Domain Law, RsMO 523.000]. <br /> <br /> '''Square 15'''<br /> <br /> You will get an email, phone call or a letter telling you the federal funds are now approved, and you may begin the acquisition of RW and Easements for your project. You have just made it over hurdle number two. Congratulations, now it gets tougher.<br /> <br /> '''Squares 16A and 17A'''<br /> <br /> If your project is not complicated, you may want to request donation from the owners. Move to the next square. If the owners sign those donation documents, and deeds conveying the easements you need, make sure the owners also sign the waiver of compensation letter. This is a federal regulation to ensure they were informed of their rights to compensation for any type of acquisition on their property. Once you have all of them signed, move one square. <br /> <br /> '''Square 18A'''<br /> <br /> In either case, complicated or not, the deeds must be recorded. This can be costly so remember to plan for this expense when making the decision on whether to use federal funds or local funds for acquisition. Along the way, be sure to work on completing the final plans package (PSE) for construction. Do not advertise until allowed by MoDOT.<br /> <br /> '''Squares 16B, 17B and 18B'''<br /> <br /> If your project is complicated, you can begin to get property appraised, have those appraisals reviewed and move to the next square. Negotiate the offers and justify settlements, if necessary and move on. Then, for those owners with whom you cannot reach an agreement, you may want to consider Condemnation and the effects of acquiring the parcels thru Eminent domain. You have a right to do this, so use it if you must. After all, any project built on all of the easements and RW originally proposed, is a better project than one with less RW acquired. <br /> <br /> '''Square 19'''<br /> <br /> Submit your RW Clearance Certification to the District Design Liaison, or the Central Office RW Section staff designated to handle Federal-Aid projects. Please do this as early as possible to ensure there is time to review the acquisition files. Many times RW personnel will be available to come to your city or county to perform the review. In most cases, this may be more efficient; if there are any changes to be made, it typically can be handled on the spot. <br /> <br /> If your parcel files are not in order, you will spend whatever additional time it takes to remedy the situation in order to certify the RW is clear. This must be completed before any construction activity can take place. If the parcels have been acquired according to policies and procedures, MoDOT will advise you that your RW Clearance Certification is approved and ready to move the project along. <br /> <br /> '''Square 20'''<br /> <br /> Congratulations you have successfully completed the three steps involved in RW Acquisition; RW Plans, Acquisition Authority, and RW Clearance Certification. <br /> <br /> Should you have any questions, please refer to the remainder of this LPA-LAM or contact your MoDOT Federal-Aid Project representative.<br /> <br /> =136.8.2 Funding=<br /> <br /> ==136.8.2.1 Funding Requirements==<br /> <br /> Right of way acquisition by public entities is governed by [https://revisor.mo.gov/main/OneSection.aspx?section=523 Revised Statutes of Missouri, (RSMo) 523]. To assure the protection of individuals' property rights affected by transportation projects, requirements of the [http://www.fhwa.dot.gov/realestate/ua/index.htm Uniform Act] must also be followed.<br /> <br /> Right of way costs for a project and incurred by the LPA may be the sole responsibility of that LPA or they may wish to have a share of these costs reimbursed by the FHWA through MoDOT. In either case, the LPA must first make a request to their MoDOT District personnel in order to receive approval to begin right of way and easement acquisition. Every effort should be made to ensure the right of way funds are obligated for a project before any eligible costs are incurred, if the LPA wishes to be reimbursed for those costs. If the LPA will fund the entire right of way expense, the approval to begin the acquisition must still be obtained. <br /> <br /> Federal funds participation in eligible right of way costs may become necessary after acquisition has begun. If acquisition activities have followed minimum requirements, approval for the federal participation can be expedited. The federal requirements reflect the appropriate acquisition activities for any land or property rights acquisition.<br /> <br /> If at any point in the acquisition process, federal funds are found to be necessary or desirable for right of way acquisition; an Acquisition Authority (A-date) must be obtained, as outlined in the next paragraph. Acquisition costs incurred prior to receipt of an A-date will not be eligible for federal funds participation.<br /> <br /> ==136.8.2.2 Acquisition Authority==<br /> <br /> A Request for Acquisition Authority (A-date)/Notice to Proceed is an application to MoDOT, certifying approval of plans and environmental and archaeological classifications, execution of supplemental agreements (if any), adequate right of way staff or use of fee services, noting the use of LPA funds for right of way or requesting federal funds participation, and an estimate of the right of way acquisition cost. Activities such as appraisals, extending written offers, negotiations, etc., are not to begin until such time as MoDOT has notified the LPA that the acquisition authority has been granted. <br /> <br /> Right of Way staff will enter the A-date request date, upload ROW plans, and documents into the LPA SMS (State Management System Application). <br /> <br /> The LPA may request an A-date/Notice to Proceed by submitting:<br /> <br /> :* A completed [https://epg.modot.org/forms/RW/LPA%20Links/Request%20for%20RW%20Acquisition%20Authority%20136.8.1.docx A-Date Request (Form 136.8.1)]<br /> :* A set of completed and certified right of way plans<br /> :* Copies of the Section 106 Historic Clearance and Environmental Approvals<br /> :* A cost estimate indicating acquisition costs that are a reflection of the original agreement <br /> :* [https://epg.modot.org/forms/RW/LPA%20Links/Right%20of%20Way%20Acquisition%20Schedule%20Form%20136.8.2.2.docx Right of Way Acquisition Schedule (Form 136.8.2.2)] – see [https://epg.modot.org/forms/RW/LPA%20Links/Right%20of%20Way%20Acquisition%20Scehdule%20Instructions%20Form%20136.8.2.2.A.docx Right of Way Acquisition Schedule Instructions (Form 136.8.2.2.A)].<br /> <br /> The A-Date Request Form 136.8.1 should be completed by the LPA and submitted to the local MoDOT district office. Assistance in filling out this form is available from MoDOT district personnel. <br /> <br /> If federal funds will participate in any part of the project (right of way or construction) right of way may not be acquired until the Federal Highway Administration (FHWA) has approved the environmental document, and Section 106 (Historic and archeological considerations) has been completed, as per [https://epg.modot.org/index.php?title=136.4_Environmental_and_Cultural_Requirements#136.4.1_National_Environmental_Policy_Act_.28NEPA.29_Classification EPG 136.4.1 National Environmental Policy Act (NEPA) Classification]. Failure to accomplish all environmental documentation prior to acquisition of right of way might jeopardize federal funds participation in the entire project. <br /> <br /> The acquiring agency is responsible for submitting evidence that environmental and cultural requirements have been addressed and approved. Verification of completion of these requirements is addressed through the MoDOT District Liaison Engineer, Design by submitting copies of the CE 2 and Section 106 approvals attached to the A-Date Request Form, Request for Acquisition Authority will document the completion of all environmental clearances on projects with or without federal funds participation in the right of way phase<br /> <br /> If fee services are necessary, use of a written contract is recommended. (Refer to [[#136.8.11 Right of Way Services Through Contract|EPG 136.8.11 Right of Way Services Through Contract]].) Fee appraisers utilized to prepare Value Finding or Standard Format Appraisals must be State Certified, either Residential or General, and be listed on MoDOT’s approved roster of fee appraisers. Non-certified individuals, familiar with real estate values may be used to prepare Waiver Valuations on projects. Fee negotiators also have their own MoDOT approved roster from which to select qualified acquisition service contractors.<br /> <br /> ==136.8.2.3 Notification by MoDOT==<br /> <br /> MoDOT will notify the local agency in writing to proceed with right of way activities after MoDOT has reviewed and approved the data provided by the LPA. If federal funds are to be used, the notification will include a revised summary of costs clearly indicating the right of way funds are set up. <br /> <br /> ==136.8.2.4 Costs Eligible for Reimbursement Before Receipt of an A-Date==<br /> <br /> Costs in preliminary right of way activities (those prior to the appraisal phase such as preliminary right of way project cost estimates, title work and description writing) are eligible for federal participation as a preliminary engineering activity. These costs are eligible for reimbursement after prior approval by MoDOT through preliminary engineering. <br /> <br /> [http://marc.org/ Mid-America Regional Council (MARC)] does not allow reimbursement of Preliminary Engineering costs, because such costs are part of that agency's participation agreement. (This affects Jackson, Platte, Clay and Cass counties.)<br /> <br /> ==136.8.2.5 Costs Eligible for Reimbursement After Receipt of an A-Date==<br /> <br /> :* Real property acquisition.<br /> <br /> :* Incidental costs to the acquisition. (i.e. appraisal, appraisal review, negotiation, and relocation expense, recording documents, etc.)<br /> <br /> :* Pro rata taxes and/or special assessments.<br /> <br /> :* Permanent and temporary easements.<br /> <br /> :* Damages to remainder of real property.<br /> <br /> :* Cost of acquisition through condemnation, interest on legal settlement or court awards, and court commissioner fees.<br /> <br /> :* Tenant-owned improvements.<br /> <br /> :* Uneconomic remnants.<br /> <br /> :* Construction in exchange for donation, or mitigation of damages.<br /> <br /> :* Relocation payments and expenses.<br /> <br /> ==136.8.2.6 Support for Claims for Reimbursement==<br /> <br /> Support for claims for reimbursement shall include:<br /> <br /> '''1)''' A right of way map or plan showing the rights of way authorized, and actually acquired, including items indicated ([https://epg.modot.org/forms/RW/LPA%20Links/Plan%20Review%20Checklist%20Form%20136.8.18.docx RW Plan Review Checklist (Form 136.8.18)]). <br /> <br /> '''2)''' Statement of cost of right of way showing:<br /> <br /> :* parcel number<br /> <br /> :* cost of parcel<br /> <br /> :* cost of excess land, if any<br /> <br /> :* credits by parcel or project<br /> <br /> :* incidental expenses by parcel or project<br /> <br /> :* cost of construction performed in mitigation of damages on a parcel basis if claimed as a right of way item. (Refer to [http://www.fhwa.dot.gov/realestate/lpaguide/app3.htm 23 CFR 710.203(a)(1)]). <br /> <br /> ==136.8.2.7 Inspection of Documents==<br /> <br /> All documents relating to acquisition of the right of way shall be available for inspection at reasonable times by authorized representatives of MoDOT and Federal Highway Administration. Refer to [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&amp;rgn=div5&amp;view=text&amp;node=23:1.0.1.8.39&amp;idno=23#23:1.0.1.8.39.2.1.1 23 CFR 710.201 (f)]. All documentation shall be kept a minimum of three years after the final invoice is submitted for the right of way costs.<br /> <br /> Right of Way staff are required to enter the Right of Way Approval Letter, The Right of Way Acquisition Date Letter, the Right of Way Clearance Letter, and any working Right of Way Documents into the LPA SMS (State Management System Application). <br /> <br /> ==136.8.2.8 Federal Project Number==<br /> <br /> All plans, contracts, deeds, appraisals, options, vouchers, correspondence and all other documents and papers shall carry the Federal-aid project number for identification and be included in the LPA SMS application.<br /> <br /> =136.8.3 State Monitoring=<br /> <br /> MoDOT has overall responsibility for acquisition of right of way needed in connection with all federal funded projects, and MoDOT must assure compliance with federal regulations. This assurance is provided at the same time the agency certifies clearance of right of way and requests authority to advertise for physical construction. In order to give this assurance, MoDOT personnel will provide a resource for information on proper procedures, and may monitor the agency's acquisition activities during the acquisition process, and will monitor the entire project, or representative samples, prior to clearance certification.<br /> <br /> MoDOT will utilize Monitor Checklists ([https://epg.modot.org/forms/RW/LPA%20Links/Project%20Acquisition%20Monitor%20Checklist%20Form%20136.8.20.docx Form 136.8.20 for Project/Acquisition], [https://epg.modot.org/forms/RW/LPA%20Links/Appraisal%20Monitor%20Checklist%20Form%20136.8.4.docxnForm 136.8.4 for Appraisal] and [https://epg.modot.org/forms/RW/LPA%20Links/Relocation%20Monitor%20Checklist%20Form%20136.8.22.docx Form 136.8.22 for Relocation Assistance]), to evaluate the various activities. For small projects all parcels may be monitored. For larger projects, a sample may be utilized.<br /> <br /> The state's sole objective in this monitoring activity is to assure that when federal funds are requested by the agency in any phase of the project, that acquisition activity will have fulfilled all the requirements for the agency to receive such funds. Agencies are therefore requested to consult with the right of way manager, at the MoDOT district office, at any stage of the right of way function. MoDOT personnel can provide a technical resource, and assure that right of way acquisition is in compliance with regulations. Early consultation can eliminate problems and facilitate delivery of federal funds.<br /> <br /> =136.8.4 Retention and Access to Records=<br /> <br /> The acquiring agency shall maintain a project file (i.e. appraisal data book(s), title services contract, public hearing record, etc.) and a parcel file containing the information pertaining to the acquisition of the parcel. <br /> <br /> The parcel file should contain documentation that demonstrates compliance with applicable laws and requirements and should be available for inspection at reasonable times by authorized representatives of MoDOT and Federal Highway Administration and other authorized federal representatives. Refer to [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&amp;rgn=div5&amp;view=text&amp;node=23:1.0.1.8.39&amp;idno=23#23:1.0.1.8.39.2.1.1 23 CFR 710.201 (f)]. The record retention period is three years and begins when the project closure action for the construction project is submitted to the Federal Highway Administration. <br /> <br /> LPAs must maintain an inventory of all improvements acquired; how these improvements are disposed of; an accounting of management expenses (i.e. advertising for disposal, preparing demolition contracts, etc.), rental receipts received, and recovery payments for disposition of improvements; and rodent control costs. See [[136.8 Local Public Agency Land Acquisition#136.8.12 Property Management|EPG 136.8.12 Property Management]] for additional requirements.<br /> <br /> '''NOTE''': LPAs are reminded that it is their responsibility to report payments to owners for real estate purchases to the Internal Revenue Service. Specific instructions on reporting requirements are found in the [[236.7 Negotiation#236.7.7 1099-S Reporting of Acquisitions|IRS instructions for 1099 Form]]. Certain penalties for not reporting may be encountered.<br /> <br /> Right of Way staff are required to enter the Right of Way Approval Letter, The Right of Way Acquisition Date Letter, the Right of Way Clearance Letter, and any working Right of Way Documents into the LPA SMS (State Management System Application). <br /> <br /> =136.8.5 Plans and Title Information=<br /> <br /> ==136.8.5.1 Plans==<br /> <br /> Plans for a project must provide land or right of way adequate for the construction, operation and maintenance of the facility for the protection of both the project facility and the public.<br /> <br /> If the project is not for road purposes, plan requirements may be different, as imposed by agencies other than the Federal Highway Administration. Check with MoDOT’s district right of way manager for the plan requirements of those jobs.<br /> <br /> Right of way plans are a supporting document for any progress or final claim for federal reimbursement of expenditures made for right of way when federal funds have been authorized in the right of way acquisition. Elements required on the plans for right of way purposes are indicated on the [https://epg.modot.org/forms/RW/LPA%20Links/Plan%20Review%20Checklist%20Form%20136.8.18.docx RW Plan Review Checklist (Form 136.8.18)].<br /> <br /> ==136.8.5.2 Title Information==<br /> <br /> Title and ownership information is needed for the purpose of establishing property lines, computing ownership areas, right of way areas, etc. Certain title information is necessary to determine if marketable title is passing to the acquiring agency. When minor rights of way and/or temporary rights are the only rights being acquired, it is permissible to determine ownership by use of the last deed of record. See [[236.4 Description Writing and Titles#236.4.4.1 Purpose|EPG 236.4.4.1 Purpose]] for more information regarding property ownership determination. <br /> <br /> Title information needed is owner's name, total area of contiguous lands comprising the ownership, information regarding mortgages, special assessments, liens, taxes, etc., to enable the LPA staff to prepare the necessary documents for title transfer. Required title information may be secured by a qualified member of the LPA staff or purchased from a title company doing business in the county. If necessary, commitments for title insurance may be obtained from qualified title agencies.<br /> <br /> Alternatively, the LPA can obtain abstracts from which the agency's attorneys can determine the conditions of titles. Each abstract will cover a minimum period of 30 years or no less than four conveyances, except where it reasonably appears that an indicated ownership of the fee title of more than 30 years duration exists. Abstracts should also include conveyances of easements, mineral rights, or other interests of less than fee title, which appear of record.<br /> <br /> The cost of obtaining the necessary title information is an incidental cost to right of way acquisition, and is one of the costs that are eligible for federal participation. Preliminary title work, like last deeds of record and title commitments, is a preliminary engineering cost, and eligible for participation if only construction is federal participating. Title insurance, and later title opinions are generally considered a right of way expense, and are only receive federal participation if there are federal funds in the right of way acquisition portion of a project.<br /> <br /> When non-complex property or property rights are donated, a proper LPA authority may waive acquisition of additional property interests (like partial mortgage releases, easement owners, tenant interests, etc.), but a memo outlining the waiver to acquire additional property interests should be included in the file.<br /> <br /> =136.8.6 Appraisal and Appraisal Review=<br /> <br /> ==136.8.6.1 Definition of Appraisal and Waiver Valuation==<br /> <br /> The acquiring agency must offer the property owner an amount that it believes to be just compensation, and that amount is to be based on the fair market value of the property as determined by a professionally prepared, reviewed and approved appraisal or waiver valuation. Further, the Uniform Act provides that the amount of just compensation shall be no less than the amount of the agency's approved appraisal or waiver valuation. <br /> <br /> '''Appraisal:''' An appraisal is defined in the Uniform Act as: A written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. See [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&amp;sid=3bdda26e1102fe42dd21611091c4a569&amp;rgn=div5&amp;view=text&amp;node=49:1.0.1.1.18&amp;idno=49#49:1.0.1.1.18.1.16.2 49 CFR 24.2 (a) 3].<br /> <br /> '''Waiver Valuation:''' An appraisal waiver is not an appraisal as defined by the Uniform Act. See [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&amp;sid=3bdda26e1102fe42dd21611091c4a569&amp;rgn=div5&amp;view=text&amp;node=49:1.0.1.1.18&amp;idno=49#49:1.0.1.1.18.2.16.2 49 CFR 24 102 (c)]. The purpose of the appraisal waiver provision is to provide a technique to avoid the costs and time delay associated with appraisal requirements for low-value, non-complex acquisitions. The intent is that non-appraisers and appraisers in training may make waiver valuations. <br /> <br /> Use of the Waiver Valuation is allowed when: <br /> <br /> :* the acquisition is simple and $25,000 or less, plus fence re-establishment costs <br /> <br /> :* land value is easily determined, <br /> <br /> :* only nominal structural improvements are acquired, <br /> <br /> :* only nominal access rights are acquired<br /> <br /> :* other than fence, costs to cure cannot make the total compensation exceed $25,000<br /> <br /> :* there are no apparent damages to the remainder – other than simple easements and creation of nominal uneconomic remnants.<br /> <br /> ===136.8.6.1.1 Appraisal Formats and Instructions===<br /> <br /> MoDOT makes appraisal formats and waiver valuation formats and their instructions available for Local Public Agency use. Use of these forms and instructions will fulfill the LPA’s obligation to obtain a valuation for each acquisition. The LPA is provided access to these instructions and forms with the following links. The valuation instructions and formats are applicable for all users. <br /> <br /> '''Guidance'''<br /> <br /> :[[#136.8.6.3.1 Standard Appraisal Format|EPG 136.8.6.3.1 Standard Appraisal Format Instructions]] <br /> <br /> :[[#136.8.6.3.2 Value Finding Appraisal Format|EPG 136.8.6.3.2 Value Finding Appraisal Format Instructions]]<br /> <br /> :[[#136.8.6.3.3 Waiver Valuation|EPG 136.8.6.3.3 Waiver Valuation]]<br /> <br /> :[[#136.8.6.3.4 Uniform Residential Appraisal Report (URAR) and Addendum Instructions|EPG 136.8.6.3.4 Uniform Residential Appraisal Report (URAR) and Addendum Instructions]]<br /> <br /> :[[#136.8.6.3.5 Instructions for Preparing Sale Forms|EPG 136.8.6.3.5 Instructions for Preparing Sale Forms]]<br /> <br /> :[[#136.8.6.3.6 Access Rights Valuation|EPG 136.8.6.3.6 Access Rights Valuation]]<br /> <br /> :[[#136.8.6.3.7 Other Agency Valuations|EPG 136.8.6.3.7 Other Agency Valuations]]<br /> <br /> :[[#136.8.6.3.8 Airport Valuation|EPG 136.8.6.3.8 Airport Valuation]]<br /> <br /> '''Forms'''<br /> <br /> :[https://epg.modot.org/forms/RW/LPA%20Links/Standard%20Appraisal%20Format%20Form%20136.8.29.docx 136.8.29 Standard Appraisal Format]<br /> <br /> :[https://epg.modot.org/forms/RW/LPA%20Links/Assumptions%20and%20Limiting%20Conditions%20Form%20136.8.6.docx 136.8.6 Assumptions and Limiting Conditions]<br /> <br /> :[https://epg.modot.org/forms/RW/LPA%20Links/Certificate%20of%20Appraiser%20Form%20136.8.7.docx 136.8.7 Certificate of Appraiser]<br /> <br /> :[https://epg.modot.org/forms/RW/LPA%20Links/Summary%20Value%20of%20Tenant%20Interests%20Form%20136.8.31.docx 136.8.31 Tenant Summary]<br /> <br /> :[https://epg.modot.org/forms/RW/LPA%20Links/Value%20Finding%20Appraisal%20Format%20Form%20136.8.33.docx 136.8.33 Value Finding Appraisal Format]<br /> <br /> :[https://epg.modot.org/forms/RW/LPA%20Links/Waiver%20Valuation%20Payment%20Estimate%20Form%20136.8.34.docx 136.8.34 Waiver Valuation – Payment Estimate]<br /> <br /> :[https://epg.modot.org/forms/RW/LPA%20Links/Uniform%20Residential%20Appraisal%20Report%20Form%20136.8.32.docx 136.8.32 URAR and Addendum]<br /> <br /> :[https://epg.modot.org/forms/RW/LPA%20Links/Nonresidential%20Sale%20Form%20136.8.16.docx 136.8.16 Nonresidential Sale]<br /> <br /> :[https://epg.modot.org/forms/RW/LPA%20Links/Residential%20Sale%20Form%20136.8.23.docx 136.8.23 Residential Sale]<br /> <br /> :[https://epg.modot.org/forms/RW/LPA%20Links/Comparable%20Lease%20Form%20136.8.9.docx 136.8.9 Comparable Lease]<br /> <br /> ===136.8.6.1.2 Scope of Assignment===<br /> <br /> [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&amp;sid=3bdda26e1102fe42dd21611091c4a569&amp;rgn=div5&amp;view=text&amp;node=49:1.0.1.1.18&amp;idno=49#49:1.0.1.1.18.2.16.3 49 CFR 24.103(s)] requires minimum standards for appraisals consistent with established appraisal practice. [http://uspap.org Uniform Standards of Professional Appraisal Practice (USPAP)], (also see [[#136.8.6.3.1.17 Uneconomic Remnant|EPG 136.8.6.3.1.17 Uneconomic Remnant]]), contains a “Scope of Work Rule”, which requires identification of the problem to be solved, determination and performance of the scope of work necessary to develop credible assignment results, and disclosure of the scope of work in the report. To fulfill the objectives of the CFR and USPAP, MoDOT has developed the Scope of Assignment process to assure appraisal reports meet reporting requirements and provide a high quality appraisal document. The Scope of Assignment preparer must be familiar with the requirements of the various formats (see [[#136.8.6.3 Valuation Formats and Instructions|EPG 136.8.6.3]]).<br /> <br /> LPAs may refer to [[#Scope_of_Assignment_Process Scope of Assignment Process]] and [https://epg.modot.org/forms/RW/LPA%20Links/Scope%20of%20Assignment%20Form%20136.8.28.docx Form 136.8.28].<br /> <br /> [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&amp;sid=3bdda26e1102fe42dd21611091c4a569&amp;rgn=div5&amp;view=text&amp;node=49:1.0.1.1.18&amp;idno=49#49:1.0.1.1.18.2.16.4 49 CFR 24.104] requires a review process, and minimum standards thereof. USPAP also contains standards for appraisal review. To fulfill the objectives of the CFR and USPAP, MoDOT has developed the a review process and forms. Refer to [[#136.8.6.4 LPA Appraisal Review and Approval of Just Compensation|EPG 136.8.6.4 LPA Appraisal Review and Approval of Just Compensation]] and Forms [https://epg.modot.org/forms/RW/LPA%20Links/Appraisal%20Review%20Form%20136.8.5.docx 136.8.5 Appraisal Review] and [https://epg.modot.org/forms/RW/LPA%20Links/Adj%20of%20Value%20or%20Just%20Compensation%20Form%20136.8.2.docx 136.8.2 Adjustment of Value]. The review appraiser must be familiar with the requirements of the various formats (see [[#136.8.6.3 Valuation Formats and Instructions|EPG 136.8.6.3 Valuation Formats and Instructions]]).<br /> <br /> '''Staff and Fee Appraiser Activity and Personnel Approval by MoDOT'''<br /> <br /> '''A. Staff Appraiser'''<br /> <br /> Staff Appraisers who will prepare Value Finding and Standard format appraisals must carry adequate qualifications to accomplish the appraisal assignment, and be approved by MoDOT District Right of Way Managers. <br /> <br /> MoDOT and this article impose no requirement on the staff of LPAs. However, it is recommended that agencies subscribe to the MoDOT requirement for staff appraisers, which is:<br /> <br /> Staff appraisers are generally expected to exhibit knowledge of business and real estate as might be acquired through graduation from an accredited four year college or university with a bachelor degree in real estate, finance, economics, business administration, public administration, or related area.<br /> <br /> Two years experience with the LPA in right of way activities, or four years' experience outside the LPA in a comparable position.<br /> <br /> Completion of training courses in real estate, appraisal principles and appraisal procedures. <br /> <br /> &lt;div id=&quot;B. Fee Appraisers Must Be On Roster Of Approved Contract Appraisers&quot;&gt;&lt;/div&gt;<br /> '''B. Fee Appraisers Must Be On Roster Of Approved Contract Appraisers'''<br /> <br /> The selection of fee appraisers should be based upon the qualification level and experience necessary for the type of appraisals to be encountered. The selected appraiser must appear on the [https://epg.modot.org/index.php?title=236.6_Appraisal_and_Appraisal_Review#236.6.5.4_Roster_of_Approved_Contract_Appraisers Roster of Approved Contract Appraisers]. The roster also indicates those appraisers that have been pre-qualified for appraisal review. <br /> <br /> :''' Duration of Approval of Fee Appraisers on the Roster of Approved Appraisers/Reviewers'''<br /> <br /> :Duration of approval on the Roster of Approved Fee Appraiser/Reviewers is 3 years. A renewal application will be sent to each fee appraiser/reviewer 2 months prior to their 3 year expiration date as contained in MoDOT’s database. The renewal application will seek to determine the applicants desire to remain on the list and also to capture updated information including address, phone numbers, email addresses and areas of the state the applicant is interested in performing work. Renewal dates are contained in the Roster of Approved Appraisers. If you have any questions, contact the Right of Way Section of MoDOT's Design Division.<br /> <br /> '''C. Separation of Functions - Appraisal/Review/Negotiation'''<br /> <br /> Negotiations shall be conducted by someone other than the appraiser or reviewing appraiser of the real property to be acquired, except that the acquiring agency may permit the same person to value and negotiate an acquisition where the value is $25,000 or less. However, the valuation must be reviewed and an amount approved by another designated agency official before the initiation of negotiations. <br /> <br /> Appraisals prepared by agency staff may not be reviewed by the appraiser that made the appraisal. Appraisals prepared by contract appraisers may not be reviewed by a member of the same firm as the appraiser<br /> <br /> ===136.8.6.1.3 Staff and Fee Appraisal Review Activity and Personnel Approval by MoDOT===<br /> <br /> '''A. Approval and Co-signing of Waiver Valuation - Payment Estimates'''<br /> <br /> Agency officials familiar with real estate values can inspect and co-sign or approve compensation determined on a [[#136.8.6.3.3 Waiver Valuation|Waiver Valuation]]. <br /> <br /> '''B. Review and Approval of Value Finding or Standard Format Appraisals'''<br /> <br /> Qualified review appraisers are necessary to approve Just Compensation estimated by appraisers on the Value Finding or Standard Format appraisals. Staff reviewers who will approve just compensation based on staff appraisals by Value Finding and Standard formats, must be approved by MoDOT. Fee review appraisers must be on the [https://epg.modot.org/index.php?title=236.6_Appraisal_and_Appraisal_Review#236.6.5.4_Roster_of_Approved_Contract_Appraisers Roster of Approved Contract Appraisers] and pre-qualified as review appraisers on the roster.<br /> <br /> ==136.8.6.2 Scope of Assignment==<br /> <br /> 49 CFR 24.103 (s) requires minimum standards for appraisals consistent with established and commonly accepted appraisal practice, including all relevant and reliable approaches to value. These appraisal requirements accommodate an appraisal reporting level commensurate with complexity. [[#136.8.6.3.1.20D.17 Uniform Standards of Professional Appraisal Practice|Uniform Standards of Professional Appraisal Practice (USPAP)]] contains a Scope of Work Rule, which requires identification of the problem to be solved, determination and performance of the scope of work necessary to develop credible assignment results, and disclosure of the scope of work in the report. To fulfill the objectives of the CFR and USPAP, the agency has developed the Scope of Assignment process to assure appraisal reports meet reporting requirements, appraisal principles and standards, and provide a high quality appraisal document. The Scope of Assignment preparer must be familiar with the requirements of the various formats, set out in [[#136.8.6.3 Valuation Formats and Instructions|EPG 136.8.6.3 Valuation Formats and Instructions]]. <br /> <br /> All Scope of Assignment documents will be prepared by an individual familiar with all appraisal requirements for proper appraisal practice, approaches to value, rules and laws relevant to valuation for condemnation purposes, 49 CFR, USPAP, etc. The scope will identify the anticipated minimum requirements for an appraisal document to address all issues resulting from acquisition from a property. The Scope of Assignment preparer shall assign a level of documentation consistent with the complexity and anticipated value conclusion range of each acquisition. The assignment criteria must assure adequate documentation yet not assign or pay for more work than meets the agency’s needs.<br /> <br /> The Scope of Assignment is a working document throughout the life of the appraisal work for a project, and only finalized when all assignments are complete. <br /> <br /> The completed Scope of Assignment, whether a parcel listing of format assignments, an in-depth Scope for each parcel, or a combination of both are to be dated and signed by the person who prepared the study. <br /> <br /> ===Scope of Assignment Process===<br /> <br /> Two Scope of Assignment processes are available. A Scope of Assignment may merely direct an appraiser experienced with MoDOT formats and their instructions, what format to use along with any special instructions. Otherwise, a more detailed Scope of Assignment shall be used for staff or fee appraisers less experienced with MoDOT formats, when fee appraisers will be competitively bidding, or when the appraisal assignment is so complex as to necessitate an in-depth Scope of Assignment. <br /> <br /> '''A. Scope of Assignment for Simple Assignment or Experienced Staff and Fee Appraisers'''<br /> <br /> MoDOT has established detailed instructions and formats that fulfill its and the agency’s appraisal needs. Through training and repetitive similar work assignments, staff and fee appraisers become familiar with the detailed instructions and their associated formats. Therefore, for experienced staff and fee appraisers, the Scope of Assignment preparer may merely reference the format required and any other special instructions or approaches to value. Even this abbreviated Scope of Assignment will follow the principles of a Scope of Assignment as set out for inexperienced staff or fee, below. <br /> <br /> '''B. Comprehensive Scope of Assignment for Complex Assignment or Inexperienced Staff and Fee Appraisers'''<br /> <br /> A comprehensive Scope of Assignment shall indicate the following for each parcel, when applicable:<br /> <br /> :1. Total land area, proposed acquisition area, temporary and permanent easement, etc.<br /> <br /> :2. A brief but comprehensive description of land and improvements.<br /> <br /> :3. The manner in which proposed highway improvement may affect remaining real property.<br /> <br /> :4. Identify and explain all observed elements of loss or damage.<br /> <br /> :5. Identify curable losses, if any are observed.<br /> <br /> :6. Under all appraisal formats the value estimates must include all fee owned and tenant owned improvements, both affected and unaffected. The scope may authorize the appraiser to estimate the contributory value of unaffected improvements.<br /> <br /> :7. A statement from the agency’s counsel with regard to special benefits when it is anticipated that such benefits may accrue to a remaining fee hold.<br /> <br /> :8. An in-depth explanation of those appraisal problems that warrant two appraisals on the same parcel.<br /> <br /> :9. A comprehensive Scope of Assignment shall indicate what evidence is required to support depreciation rates for affected improvements when a cost approach is specified. If primary reliance is likely to be placed on the cost approach a higher standard of support for the depreciation estimate should be required.<br /> <br /> :10. A comprehensive Scope of Assignment shall indicate if specialty appraisals to evaluate affected machinery, specialty items, trade fixtures, etc. are required. Also, if the agency or the fee appraiser is responsible for obtaining said appraisal and which party is responsible for the cost of specialty appraisals. <br /> <br /> :11. A comprehensive Scope of Assignment shall indicate a suggestion or requirement to engage a contractor to furnish cost to cure estimates for rehabilitating remainder buildings, correcting or revising affected sewer systems, water lines, fence, etc., and if the agency or the fee appraiser is responsible for obtaining and the cost of the contractor’s services. <br /> <br /> :12. Approaches to Value. The sales comparison approach often develops the most credible indication of value. In most situations this may be the only approach necessary to estimate just compensation. The cost less depreciation approach is best applied to newer, special use, or unique improvements not normally transferring in the market place. An income approach may be implemented when appropriate.<br /> <br /> :The Scope of Assignment shall indicate the recommended approach or approaches to value &quot;before&quot; as well as &quot;after&quot; when applicable.<br /> <br /> :The sales comparison approach shall be shown for parcels where appraiser relies upon vacant land sales and may estimate contributory value of unaffected improvements.<br /> <br /> ==136.8.6.3 Valuation Formats and Instructions==<br /> <br /> ===136.8.6.3.1 Standard Appraisal Format===<br /> <br /> Use of the [https://epg.modot.org/forms/RW/LPA%20Links/Standard%20Appraisal%20Format%20Form%20136.8.29.docx Standard Appraisal Format] is required when: <br /> <br /> :* the appraisal problems are judged complex<br /> <br /> :* the highest and best use of a property as improved is different than the highest and best use as if vacant<br /> <br /> :* residential or other major improvements are acquired, unless use of the URAR appraisal is specified.<br /> <br /> :* there is a change in the highest and best use after the acquisition.<br /> <br /> The appraiser shall adhere to the following format and shall include paragraph headings and numbers as shown. The appraisal shall be typewritten on 8 1/2&quot; x 11&quot; paper with the pages numbered sequentially.<br /> <br /> These format instructions set out appraisal requirements of the agency, MoDOT and the Federal Highway Administration (FHWA). It is inevitable that appraisers will occasionally encounter situations that are not specifically addressed herein. In all cases the appraiser is responsible for a credible, adequately documented appraisal. Reasonableness and typical professional appraisal practices are the standard.<br /> <br /> There are a number of ownership items and appraisal problems frequently encountered in valuing acquisitions for transportation purposes, on which policies have been established by case law, management decision and precedent. These policies apply to all appraisal formats and are set out in [[#136.8.6.3.1.20D Other Appraisal Considerations|EPG 136.8.6.3.1.20D Other Appraisal Considerations]].<br /> <br /> The following standardized identification block shall be included at the front of the appraisal, without deviation.<br /> <br /> [[image:236.18.6.3.1.jpg|center|600px]]<br /> <br /> Reporting the effective date of appraisal and date of report are required by CFR and USPAP. The effective date of appraisal establishes the context for the value opinion, generally the date of last inspection. For condemnation appraisal reports, the effective date will be the date the commissioners’ award is paid into court. The report date with the signature on the certificate should normally be the date the appraisal is complete or turned in for review.<br /> <br /> ====136.8.6.3.1.1 Owner and Tenant Owner====<br /> <br /> Identify owner and tenant owner by address, phone number, cell phone number, email address, etc.<br /> <br /> ====136.8.6.3.1.2 Purpose of Appraisal====<br /> <br /> The purpose of this appraisal is to estimate just compensation due the owners as a result of acquiring land and realty rights as herein described. <br /> <br /> '''Fair Market Value Definition:''' Fair market value is the value of the property taken after considering comparable sales in the area, capitalization of income, and replacement cost less depreciation, singularly or in combination, as appropriate, and additionally considering the value of the property based upon its highest and best use, using generally accepted appraisal practices. If less than the entire property is taken, fair market value shall mean the difference between the fair market value of the entire property immediately prior to the acquisition and the fair market value of the remaining or burdened property immediately after the acquisition. See [https://revisor.mo.gov/main/OneSection.aspx?section=523.001 RSMo 523.001]. <br /> <br /> Do not use definitions from various appraisal organizations and sources. Failure to use the above definitions can result in having the testimony of a witness stricken. <br /> <br /> '''Intended Use:''' The intended use of the appraisal report is to assist the agency in establishing the amount of compensation to pay for the land and property rights to be acquired. <br /> <br /> '''Intended Users:''' Intended users of this report are the agency (the client), the MoDOT, the FHWA and the United States Department of Transportation and persons authorized by the client. RSMo 523.253 requires a copy of this appraisal report be provided to the owner of the subject property for information only, the owner is not an intended user as defined by USPAP. <br /> <br /> '''Uniform Standards of Professional Appraisal Practice:''' The appraiser shall include in the appraisal report the following statement. See [[#136.8.6.3.1.20D.17 Uniform Standards of Professional Appraisal Practice|Uniform Standards of Professional Appraisal Practice]] for the background for this statement. <br /> <br /> '''USPAP Compliance Statement:''' This appraisal was prepared according to the contract/assignment from the agency. The intended use of the appraisal is for eminent domain related acquisition and the agency is the only intended user (except as indicated above). The agency bears responsibility for contract/assignment requirements that meet its needs and therefore are not misleading. In combination with the Scope of Assignment and review function, all appraisal reports assigned by the agency identify the problem to be solved, determine the scope of work necessary to solve the problem and correctly complete research and analysis necessary to produce a credible appraisal and are therefore in compliance with USPAP Standard 1. In that the agency is an intended user of the report and others may be provided copies for informational purposes, the agency has determined that reports prepared in conformance with these procedures constitute a Summary Appraisal Report which fulfills the agency’s needs. It is misleading for an appraiser to disregard a part or parts of USPAP as void and of no force and effect in a particular assignment without identifying in the appraiser’s report the part or parts disregarded and the legal authority justifying this action.<br /> <br /> ====136.8.6.3.1.3 Interest Appraised====<br /> <br /> The interest appraised will normally be fee simple interest. If the ownership is encumbered with a lease, the value conclusion may be a leased fee estate. Easement encumbrances impacting market value shall be identified. <br /> <br /> ====136.8.6.3.1.4 Scope of Work====<br /> <br /> Reference the information researched and the analysis applied in an assignment. Appraisers have a responsibility in determining the appropriate scope of work for an appraisal assignment. Credible assignment results require support by relevant evidence and logic.<br /> <br /> Scope of Work includes, but is not limited to:<br /> <br /> :* The extent to which the property and comparable sales were inspected <br /> <br /> :* The extent of data research<br /> <br /> :* The extent of analysis applied to arrive at opinions or conclusions.<br /> <br /> The Scope of Work is supplemented by the [https://epg.modot.org/forms/RW/LPA%20Links/Scope%20of%20Assignment%20Form%20136.8.28.docx Scope of Assignment, Form 136.8.28], a document prepared by individuals other than the appraiser, and setting out the minimum reporting requirements of the appraisal. <br /> <br /> ====136.8.6.3.1.5 Identification of the Property====<br /> <br /> The real estate involved in the appraisal can be specified by a property description, address, map reference, copy of a survey or map, property sketch and/or photographs or the similar information. Lengthy property descriptions should not be reiterated within the report, but rather copies of the title report or last deed of record should be reviewed by the appraiser and retained in the appraiser’s work file.<br /> <br /> ====136.8.6.3.1.6 History of the Property====<br /> <br /> The appraisal report must state the history of the property and cannot merely say, “No transfers” or “none.” Indicate all transfers of subject realty for the five years immediately preceding the date of the appraisal. Show the parties to the transactions, dates of transactions, books and pages, instrument numbers and verified sale prices when possible to obtain. If sales of the subject are comparable sales in the report, reference to them will satisfy the requirement of this article. Include details of any current sale agreement, option or listing of the subject property if such information is available to the appraiser in the normal course of business. If the information cannot be determined, the report should state the reasons. If the report states there has been no sale, contract, option, or listing, it must also state how that determination was made.<br /> <br /> Good appraisal practice dictates that appraisers consider and analyze recent sales, contracts, options or listings of the property being appraised. If, in the appraiser’s opinion, any of the above does not reflect current value of the property, the appraiser must provide reason. The phrase “not an arms length transaction” is not adequate without explanation. <br /> <br /> ====136.8.6.3.1.7 Description of Property Before Acquisition====<br /> <br /> =====136.8.6.3.1.7A Zoning=====<br /> <br /> The applicable code and category of zoning should be stated (for example, R-1 [the code], Single-Family District [the category]). Special zoning provisions or restrictions should be noted, such as minimum lot size or number of developed units allowed. The report should state whether the subject property is in conformance with the zoning code. <br /> <br /> If the subject is non-conforming, the highest and best use and value analysis sections of the report must deal with any effect of the non-conformity upon use and value. Probability of zoning change should be addressed in the highest and best use analysis.<br /> <br /> :* Code<br /> :* Category <br /> :* Compliance<br /> :* None<br /> <br /> =====136.8.6.3.1.7B Land=====<br /> <br /> Site description should include dimensions, shape, size and frontage as appropriate. Describe the topography, roads or streets and frontages, legal access rights and physical entrances, and all non-structural site improvements including but not limited to paving, curbing, retaining walls, landscaping, ponds and terracing. <br /> <br /> If agricultural land, information on soil types and productivity, percent cleared and timbered, and historic uses such as cropland and pasture land may be appropriate.<br /> <br /> Information should be included on encumbrances, recorded or unrecorded, such as deed restrictions, limitation of access, utility easements, flowage or drainage easements, etc. which may affect market value.<br /> <br /> :* Access Before Acquisition: <br /> <br /> The report shall discuss the available legal and physical access of the subject property as well as the comparable sales. Legal access represents a deeded or permitted access point to a property. Physical access merely reflects the presence of existing entrances, which may or may not be legal.<br /> <br /> :* Utilities In Use Before Acquisition:<br /> :* Utilities Available Before Acquisition:<br /> <br /> Identify what utilities are in use, whether public or private, and what utilities are reasonably available to the property. <br /> <br /> =====136.8.6.3.1.7C Fee Owned Improvements, Fixtures and Personalty=====<br /> <br /> These items shall be inspected, identified and described in sufficient detail to indicate their uses, quality, condition and location upon the premises. <br /> <br /> The description of affected improvements shall include such items as significant deferred maintenance, recent renovation and a statement of actual and effective age. <br /> <br /> Unaffected improvements shall be inspected to the extent that they can be adequately described. If directed in the Scope of Assignment, the appraiser may estimate the contributory value of unaffected improvements without support. <br /> <br /> The appraiser shall identify and value personal property, trade fixtures, or intangible items that are not real property but are impacted by the acquisition and are included in the valuation. When there are items such as appliances, fireplace inserts, equipment, on-premise signs, mobile homes, etc., which could be realty or personalty, the report shall identify them and state whether they are considered personalty or realty. See [[#136.8.6.3.1.20D.12 Personalty and Fixtures|EPG 136.8.6.3.1.20D.12 Personalty and Fixtures]] for instructions on personalty and fixtures. <br /> <br /> When appropriate the impact of Title III of the Americans With Disabilities Act of 1990 as outlined in [[#136.8.6.3.1.20D Other Appraisal Considerations|EPG 136.8.6.3.1.20D Other Appraisal Considerations]] should be addressed.<br /> <br /> =====136.8.6.3.1.7D Tenant Owned Improvements, Fixtures and Personalty=====<br /> <br /> All buildings, structures or other improvements, except outdoor advertising structures, which are a part of the realty and owned by someone other than the fee holder shall be valued as such items contribute to the fee or valued for removal (salvage), whichever is greater.<br /> <br /> The report shall identify the terms of the lease and describe buildings, structures or other improvements owned by someone other than the fee holder, which the tenant has the right or obligation to remove at the expiration of the lease term. <br /> <br /> All tenant owned improvements including outdoor advertising structures shall be identified and described as separate assets from that of the fee holder. Follow instructions for describing improvements in EPG 136.8.6.3.1.7C. See [[#136.8.6.3.1.20D.12 Personalty and Fixtures|EPG 136.8.6.3.1.20D.12 Personalty and Fixtures]] for instructions on personalty and fixtures. <br /> <br /> When appropriate the impact of Title III of the Americans With Disabilities Act of 1990 as outlined in [[#136.8.6.3.1.20D Other Appraisal Considerations|EPG 136.8.6.3.1.20D Other Appraisal Considerations]], should be addressed.<br /> <br /> =====136.8.6.3.1.7E Other Appraisal Considerations=====<br /> <br /> Methods and directions for addressing other property elements are set out in [[#136.8.6.3.1.20D Other Appraisal Considerations|EPG 136.8.6.3.1.20D Other Appraisal Considerations]]. <br /> <br /> ====136.8.6.3.1.8 Highest and Best Use Analysis Before Acquisition====<br /> <br /> The appraiser shall analyze the highest and best use before acquisition to the extent commensurate with the appraisal problem. Estimation of market value requires consideration of the highest and best use or uses for which the property is suited. Conclusion of highest and best use of vacant land should be consistent with zoning or evidence shall be included supporting the probability of zoning change. If the subject property is unzoned vacant land, highest and best use should be consistent with surrounding land use and area trends or evidence supporting the different use shall be offered. If the highest and best use is the existing use as improved, reasons supporting this conclusion should be explained. If the highest and best use is different from the current use as improved and particularly if other than allowed by current zoning, this conclusion should be supported by market evidence and analysis showing that this use is financially feasible, physically possible, and that there is a high probability of obtaining the necessary zoning. An unsupported statement of conclusion will not meet the requirement for highest and best use analysis in the Standard Format.<br /> <br /> '''Valuation of Properties with Multiple Highest and Best Uses:''' Properties with the potential for multiple highest and best uses may be valued from comparable sales with like potential or as an alternative, the appraiser may value each use area by data comparable to each specific use to reach a value conclusion. Should an appraiser pursue the latter method of evaluation three sales comparable to each specific use area must be included and analyzed in the sales comparison approach, appropriate cost and income data for each use area shall be included if these approaches are utilized, and it must be shown that the owner may convey each specific use area without affecting the value of the remaining area(s).<br /> <br /> '''Valuation of Improvements That Do Not Represent the Highest and Best Use of the Property:''' If improvements do not represent the highest and best use of the property they may have interim use value, depreciated in place value, salvage value (value of salvage exceeds cost of removal), no value (removal cost equals salvage value) or negative value (removal cost exceeds salvage value). The analysis should be clear as to which valuation premise is being used. Compensation for improvements, like fence, that may not contribute to the fulfillment of the highest and best use may be considered when the property was previously fenced and the owner utilizes the property for livestock confinement. <br /> <br /> If a salvage value is included in Paragraph 18 the before value of that improvement must be at least equal to that salvage value.<br /> <br /> ====136.8.6.3.1.9 Valuation Before Acquisition====<br /> <br /> '''Required Approaches:''' Appraisers shall as a minimum complete the approach or approaches to value as specified within the body of the appraisal agreement and/or elements of the Scope of Assignment. If the appraiser determines the appraisal problem is more or less complex than reflected in the Scope of Assignment, it is the appraiser’s responsibility to communicate the necessity to amend the Scope of Assignment, which may necessitate renegotiation of the agreement.<br /> <br /> Each required approach to value, both before and after when applicable, shall be compiled in accordance with accepted appraisal principles and techniques, with appropriate specifications contained in these instructions and in compliance with [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid=636c029cc9dc07b1b1485f4378da31ee&amp;c=ecfr&amp;tpl=/ecfrbrowse/Title23/23tab_02.tpl 23 CFR - Highways] and [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid=636c029cc9dc07b1b1485f4378da31ee&amp;c=ecfr&amp;tpl=/ecfrbrowse/Title49/49tab_02.tpl 49 CFR – Transportation].<br /> <br /> Sales of the subject within the past 5 years and current Agreements of Sale, options and listings of the subject property shall be considered and analyzed. In some cases, sales of the subject over 5 years old may still be relevant.<br /> <br /> '''Sales Data and Other Market Support:''' Each appraisal report prepared on the Standard Appraisal Format shall contain sufficient documentation, including valuation data and the appraiser's analysis of that data, to support the opinion of value. <br /> <br /> Appraisers shall incorporate within the appraisal reports adequate sales and other supporting data to relay the necessary comparative information using Comparable Sale Forms [https://epg.modot.org/forms/RW/LPA%20Links/Nonresidential%20Sale%20Form%20136.8.16.docx Nonresidential Sale (Form 136.8.16)] and [https://epg.modot.org/forms/RW/LPA%20Links/Residential%20Sale%20Form%20136.8.23.docx Residential Sale (Form 136.8.23)].<br /> <br /> The report shall contain a sales map in sufficient detail to allow the reader to drive to each sale. <br /> <br /> =====136.8.6.3.1.9A Sales Comparison Approach Before Acquisition=====<br /> <br /> When a sales comparison approach is applicable, an appraiser must analyze such comparable sales data as are available to indicate a value conclusion.<br /> <br /> A comparable sale may be considered as follows:<br /> <br /> :* a real property transferring on the open market within approximately 5 years of the date of appraisal in which the sale is referenced as a basis for conclusion of value,<br /> <br /> :* a sold property which is similar and/or suitable for comparison with realty being appraised with regard to land area, shape, location, topography, utilities, improvements when applicable, potential highest and best use(s) and any other sufficiently similar qualities which may enable an informed person to arrive at a reasonable estimate or conclusion of value. <br /> <br /> :* Pending contracts should be considered but not relied upon. <br /> <br /> :* Contract for Deed may be used, however, if the contract is not recorded, a copy of the contract must be part of the appraiser’s file. <br /> <br /> Comparable sale data shall be reported in each applicable portion of Sale Forms [https://epg.modot.org/forms/RW/LPA%20Links/Nonresidential%20Sale%20Form%20136.8.16.docx Nonresidential Sale (Form 136.8.16)] or [https://epg.modot.org/forms/RW/LPA%20Links/Residential%20Sale%20Form%20136.8.23.docx Residential Sale (Form 136.8.23)]. <br /> <br /> A minimum of three comparable sales is required as a basis for an evaluation by the sales comparison approach in the Standard Format, unless a different number is authorized in the Scope of Assignment. An arms-length sale of the subject property may be considered a comparable sale provided the transfer occurred within approximately 5 years of the date of appraisal. Adjustments for changes in market conditions and/or improvements may be necessary to align sale price with current value.<br /> <br /> Each comparable sale shall be compared with the appraised realty and adjustments implemented for each significant element of difference affecting value. An explanation shall be offered for each individual adjustment. Differences may be measured by either dollars or percentage. A lump-sum adjustment for more than one difference is not acceptable.<br /> <br /> The appraisal report shall contain sufficient sales data or other factual data and analyses of such data as to lend credible support to an opinion of each adjustment or value differential applied to the comparable sale. The only exception to this policy shall apply when such supportive data cannot be abstracted by sales analyses and the appraiser so states. Comments regarding adjustments abstracted from or based upon sale analyses shall include reference to the section or page number of the report where the abstraction is explained. Comments sufficient to explain the appraiser's rationale and reasoning shall be offered for each adjustment which could not be supported by sales, sales analyses or other factual data.<br /> <br /> Comparable sales used as a basis for evaluating unimproved land must be either unimproved or all improvements totally and completely depreciated and offering no contributory value at date of sale. The procedure of abstracting estimated contributory value of improvements from selling price to arrive at residual value for unimproved land shall not be considered credible sale evidence or a basis for valuing unimproved realty. <br /> <br /> Use of sales that have improvements located on them as vacant land sales, when it has been confirmed that those improvements did not contribute to value, is acceptable provided that during the course of time that the sale is being relied upon, those improvements have not been rehabilitated for renewed use. Once it becomes apparent that an improvement, formerly concluded to have no contributory value, has been put back into productive use, a sale written to the contrary has lost much of its credibility and is not to be used as a comparable for land valuation.<br /> <br /> Each sale shall be analyzed to yield a value indication for the subject. These value indications shall be reconciled to a value conclusion by the sales comparison approach. A final conclusion of value differing from the range indicated by the comparable sales must be explained in depth.<br /> <br /> ::Before Value by Sales Comparison Approach: $_______________<br /> <br /> =====136.8.6.3.1.9B Cost Approach Before Acquisition=====<br /> <br /> When a cost approach is applicable, an appraiser must:<br /> <br /> :* develop an opinion of site value by an appropriate appraisal method or technique<br /> :* analyze such comparable cost data as are available to estimate the cost new and the present worth of the improvements (accrued depreciation).<br /> <br /> When utilizing the cost approach the appraiser shall offer a minimum of three unimproved land sales to serve as a basis for evaluating unimproved land, unless a different number is authorized in the Scope of Assignment. Each land sale must meet the criteria as prescribed for comparable sales in [[#136.8.6.3.1.9A Sales Comparison Approach Before Acquisition|EPG 136.8.6.3.1.9A Sales Comparison Approach Before Acquisition]].<br /> <br /> The appraiser shall compare each individual comparable land sale with the subject property. Adjustments to each comparable sale shall be in accordance with specifications set forth in EPG 136.8.6.3.1.9A Sales Comparison Approach Before Acquisition.<br /> <br /> '''Improvement Costs:''' All elements recited in the cost approach must be substantiated by reference to specific sections of acceptable cost manuals, contractor's estimates, manufacturer's or dealer's cost data or by other appropriate sources. The appraiser may determine the value of nominal or unique elements in the cost approach with the best available method, with the requirement for support relative to the value conclusion. <br /> <br /> The use of either replacement or reproduction cost is acceptable if the following two definitions are properly applied: <br /> <br /> Replacement cost is the estimated cost to construct at current prices a building with utility equivalent to the building being appraised, using modern materials and current standards, design and layout. <br /> <br /> Reproduction cost is the estimated cost to construct at current prices an exact duplicate or replica of the building being appraised using the same materials, construction standards, design, layout and quality of workmanship, and embodying all of its deficiencies, superadequacies and obsolescence.<br /> <br /> '''Depreciation of Improvements:''' When completing the cost approach, the appraiser shall determine from market data or by the age/life method the applicable rate of depreciation for residential units, commercial buildings and other principal capital improvements. Improvements of a minor nature may be depreciated based on observed condition. Depreciation rates for mechanical appurtenances and/or trade fixtures may be estimated from age/life data furnished by the manufacturer or supplier, or from accepted cost manuals.<br /> <br /> ::Before Value by Cost Approach: $_______________<br /> <br /> =====136.8.6.3.1.9C Income Approach Before Acquisition=====<br /> <br /> When an income approach is applicable, an appraiser must:<br /> <br /> :* analyze such comparable rental data as are available and/or the potential earnings capacity of the property to estimate the gross income potential of the property;<br /> <br /> :* analyze such comparable operating expense data as are available to estimate the operating expenses of the property;<br /> <br /> :* analyze such comparable data as are available to estimate rates of capitalization and/or rates of discount; and <br /> <br /> :* base projections of future rent and/or income potential and expenses on reasonably clear and appropriate evidence.<br /> <br /> The appraiser shall, when implementing an income approach to value, develop an overall capitalization rate from sales of comparable realty investments, band of investment or other accepted method. Discounting to present value of some income streams may be an acceptable technique. The appraiser shall also offer evidence supporting income and expense estimates.<br /> <br /> ::Before Value by Income Approach: $_______________<br /> <br /> ====136.8.6.3.1.10 Reconciliation of Value Before Acquisition====<br /> <br /> If more than one approach to value is used, the appraiser shall correlate the resultant value estimates and explain the rationale for deciding which approach and data provide the best support for the conclusion of value before acquisition.<br /> <br /> ::Total Value Before Acquisition: $_______________<br /> <br /> ====136.8.6.3.1.11 Description of Property After Acquisition====<br /> <br /> The appraiser shall describe the remaining realty to the extent necessary to provide a word picture of the after condition. If the remainder is substantially changed from the before condition the appraiser shall describe the remainder as if the before condition never existed. Partial acquisitions of a minor nature may best be described by discussing changes caused by the acquisition rather than repeating the contents of [[#136.8.6.3.1.7 Description of Property Before Acquisition|EPG 136.8.6.3.1.7 Description of Property Before Acquisition]].<br /> <br /> :* Impact on Zoning: Describe impact on zoning.<br /> <br /> :* Access After Acquisition:<br /> <br /> The report shall discuss the available legal and physical access of the subject property as well as the comparable sales. The report must address if the legally provided access points are comparable to the physical access available to the property before the acquisition in regard to topography, timber, etc. See [[#136.8.6.3.6 Access Rights Valuation|EPG 136.8.6.3.6]] for applicable laws and definitions regarding access. <br /> <br /> :* Impact on Utilities:<br /> <br /> A statement is required regarding the impact, if any, on all public and private utility services which the property has in use or available in the before condition. Special considerations apply when it is necessary to adjust the property owner’s service lines located on existing right of way. The [https://epg.modot.org/index.php?title=643.2_Local_Utility_Adjustments_-_Public_and_Private#643.2.1.6_Service_Lines_Owned_by_Property_Owners cost to move and reconnect service lines that lie within the existing right of way] is not compensable to the owner if such reconnection is included in the construction contract. <br /> <br /> :* Utilities In Use After Acquisition:<br /> <br /> :* Utilities Available After Acquisition:<br /> <br /> '''Other Appraisal Considerations: '''<br /> <br /> Methods and directions for addressing other property elements are set out in [[#136.8.6.3.1.20D Other Appraisal Considerations|EPG 136.8.6.3.1.20D Other Appraisal Considerations]].<br /> <br /> ====136.8.6.3.1.12 Highest and Best Use Analysis After Acquisition====<br /> <br /> The report may indicate that the highest and best use of the remaining realty is unchanged if a brief explanation is required. Should the acquisition cause a change in highest and best use or uses, the appraiser shall analyze the new highest and best use in depth commensurate with the appraisal problem. The change caused by the property acquisition may make it necessary for the appraiser to utilize new comparable data. [[#136.8.6.3.1.20D.14 Special Benefits|Special Benefits]] reflected in a report must be supported by written concurrence from the agency’s counsel and addressed in the Scope of Work of the report if special benefits are recognized subsequent to the initial Scope of Assignment.<br /> <br /> ====136.8.6.3.1.13 Valuation After Acquisition====<br /> <br /> The analyses and valuation sections relating to the remainder property constitute a new appraisal. In cases of an insignificant acquisition, the remainder may be so similar to the whole property before the acquisition that the same highest and best use analysis and the same cost, market, and income data and analysis will remain applicable and can therefore be referenced and employed in analyzing and valuing the remainder property. However, a change in the basic physical or economic character of the remainder may result in a change in the remainder’s highest and best use or the intensity of that use and may result in damages or benefits to the remainder property which will require different market data and/ or analysis than that which was used in the whole property valuation. <br /> <br /> Follow instruction as shown in [[#136.8.6.3.1.9 Valuation Before Acquisition|EPG 136.8.6.3.1.9 Valuation Before Acquisition]] as well as [[#136.8.6.3.1.20D Other Appraisal Considerations|EPG 136.8.6.3.1.20D Other Appraisal Considerations]].<br /> <br /> '''A. Sales Comparison Approach After Acquisition'''<br /> <br /> :Follow Instructions as shown in [[#136.8.6.3.1.9A Sales Comparison Approach Before Acquisition|EPG 136.8.6.3.1.9A Sales Comparison Approach Before Acquisition]].<br /> <br /> :After Value by Sales Comparison Approach: $_______________<br /> <br /> '''B. Cost Approach After Acquisition'''<br /> <br /> Follow Instructions as shown in [[#136.8.6.3.1.9B Cost Approach Before Acquisition|EPG 136.8.6.3.1.9B Cost Approach Before Acquisition]].<br /> <br /> :After Value by Cost Approach: $________________<br /> <br /> '''C. Income Approach After Acquisition'''<br /> <br /> Follow Instructions as shown in [[#136.8.6.3.1.9C Income Approach Before Acquisition|EPG 136.8.6.3.1.9C Income Approach Before Acquisition]].<br /> <br /> :After Value by Income Approach: $_______________<br /> <br /> ====136.8.6.3.1.14 Reconciliation of Value After Acquisition====<br /> <br /> If more than one approach to value is used, the appraiser shall correlate the resultant value estimates and explain the rationale for deciding which approach and data provide the best support for the conclusion of estimated value after acquisition.<br /> <br /> :Total Value After Acquisition: $_______________<br /> <br /> ====136.8.6.3.1.15 Estimate of Total Just Compensation====<br /> <br /> Total Just Compensation is computed by subtracting the estimated value after the acquisition from the estimated value before the acquisition.<br /> <br /> :Estimated Value Before Acquisition $_______________<br /> <br /> :Estimated Value After Acquisition $_______________<br /> <br /> :Indicated Just Compensation Due to Acquisition $_______________<br /> <br /> ====136.8.6.3.1.16 Allocation of Just Compensation====<br /> <br /> The appraiser shall offer an opinion of reasonable allocation of the estimate of just compensation between realty acquired and damages to the remainder for .the interests of both fee holders and tenants who own improvements, fixtures or personalty included in the value. <br /> <br /> '''A. Allocation of the Fee Holder’s Interest:'''<br /> <br /> :1. Land Acquired: $ ______________<br /> <br /> :Report the calculated value of the land acquired. <br /> <br /> :2. Improvements, Fixtures and Personalty: $_________________<br /> <br /> :3. Total Land and Improvements, Fixtures and Personalty: $_________________<br /> <br /> :4. Damages to the Remainder: $_________________<br /> <br /> :Damages to the remainder including permanent and temporary easements shall be identified and individually valued, and their values combined to a total. Losses caused by temporary borrow pits must be set apart from other damages. Fencing required as a cost to cure due to road realignment, temporary fencing etc. shall be included as a damage to the remainder. See additional discussion on Damages in [[#136.8.6.3.1.20D Other Appraisal Considerations|EPG 136.8.6.3.1.20D Other Appraisal Considerations]].<br /> <br /> :5.Total Just Compensation Due Fee Holder: $________________<br /> <br /> '''B. Allocation of the Tenant Owner’s Interest:'''<br /> <br /> :1. Tenant Owned Improvements, Fixtures and Personalty:<br /> <br /> :::_________________$_________________<br /> :::_________________$_________________<br /> <br /> :Identify each tenant owned improvement within the new acquisition and/or easement area and estimate its value. Use the greater of its contributory value or value for removal (salvage value).<br /> <br /> :2. Damage to Tenant Owned Improvements, Fixtures and Personalty:<br /> <br /> :::_________________$_________________<br /> :::_________________$_________________<br /> <br /> :Identify and show a value loss, if any, for each damaged tenant owned improvement lying outside the acquired area.<br /> <br /> :3. Leasehold Interest: $_________________<br /> <br /> :Calculate value of leasehold interest, if any, should the lease be affected by the acquisition.<br /> <br /> :4. Total Just Compensation Due Tenant Owner: $________________<br /> <br /> &lt;div id=&quot;136.8.6.3.1.17 Uneconomic Remnant&quot;&gt;&lt;/div&gt;<br /> ====136.8.6.3.1.17 Uneconomic Remnant====<br /> <br /> &quot;The term uneconomic remnant means a parcel of real property in which the owner is left with an interest after a partial acquisition of the owner's property, and which the acquiring agency has determined has little or no value or utility to the owner.&quot; (Refer to [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid=636c029cc9dc07b1b1485f4378da31ee&amp;c=ecfr&amp;tpl=/ecfrbrowse/Title49/49tab_02.tpl 49 CFR Section 24.2 (27)] and [[#136.8.12 Property Management|EPG 136.8.12 Property Management]]. When the appraiser is of the opinion that an uneconomic remnant does not exist, enter the word &quot;none&quot; in this paragraph. When the appraiser is of the opinion that an uneconomic remnant has been created by the acquisition, an explanation is required. The appraiser shall describe elements that contribute to a parcel having some characteristics of an uneconomic remnant, yet conclude that the parcel is not an uneconomic remnant. A separate area and value should be shown for multiple uneconomic remnant areas.<br /> <br /> ::Area __________________ @ $ __________ = $ ________________<br /> <br /> ====136.8.6.3.1.18 Salvage Value====<br /> <br /> “The term salvage value means the probable sale price of an item offered for sale to knowledgeable buyers with the requirement that it be removed from the property at a buyer’s expense (i.e., not eligible for relocation assistance). This includes items for re-use as well as items with components that can be reused or recycled when there is no reasonable prospect for sale except on this basis.” <br /> <br /> Each acquired improvement enumerated above shall be additionally identified under salvage and a salvage value determined or zero indicated. Salvage values should not be assigned to very low value items such as farm fencing. If an improvement has salvage value, the before value of such improvement must be at least equal to the salvage value.<br /> <br /> Allocate salvage values between fee and tenant improvements, fixtures and personalty.<br /> <br /> ::Improvement _________________ Salvage Value $_________________<br /> <br /> ::Improvement _________________ Salvage Value $_________________<br /> <br /> :::Total Salvage Value $_________________<br /> <br /> ====136.8.6.3.1.19 Required Attachments====<br /> <br /> '''Assumptions and Limiting Conditions:''' The appraiser shall use the standard [https://epg.modot.org/forms/RW/LPA%20Links/Assumptions%20and%20Limiting%20Conditions%20Form%20136.8.6.docx Assumptions and Limiting Conditions Form 136.8.6]. If additional contingencies or limiting conditions apply, they shall be stated here. Unauthorized hypothetical conditions, assumptions, or limiting conditions may result in disapproval of the appraisal report.<br /> <br /> '''Certificate of Appraiser:''' A properly completed and signed copy of [https://epg.modot.org/forms/RW/LPA%20Links/Certificate%20of%20Appraiser%20Form%20136.8.7.docx Certificate of Appraiser Form 136.8.7] shall be attached to the appraisal report.<br /> <br /> '''Site Plan:''' The appraiser must provide a site plan showing all property boundaries and the location of major and affected improvements. An annotated copy of an assessor’s aerial map, a survey, an aerial photo, a cut of the highway plan can meet this requirement if it shows the whole property and all improvements, or a drawing. If other than the plan cut is used to meet this requirement the site plan should show the proposed boundary line and easements, and the areas of the acquisition and remainder. Greater detail and a higher degree of accuracy is required on small parcels or where improvements are very near and possibly affected by the acquisition than on large parcels where improvements may be important to the value estimate but are not affected by the acquisition.<br /> <br /> '''Photographs:''' The appraiser shall attach identified color photographs of the appraised property showing all improvements and features affecting the value. Photographs should show details important to the valuation of major and/or affected improvements. Photographs should also show the area of acquisitions including easement areas and their relationships to affected improvements.<br /> <br /> '''Floor Plans of Acquired Residential Units And Structures with Internal Walls:''' A floor plan drawing is required when: <br /> <br /> :* a residential unit is acquired, to aid in the determination of relocation requirements and benefits. <br /> <br /> :* demolition will be required on structures with interior walls.<br /> <br /> '''Comparable Sale Map:''' The report shall contain a sales map in sufficient detail to allow the reader to drive to each sale.<br /> <br /> '''Sale Data Forms:''' Data books may be utilized in each appraiser’s practice but shall not be submitted to division or referenced in reports. Each appraisal report prepared on the Standard Appraisal Format shall contain sufficient documentation, including valuation data and the appraiser's analysis of that data, to support the opinion of value. <br /> <br /> Appraisers shall incorporate within the appraisal reports adequate sales and other supporting data to relay the necessary comparative information. Sale data sheets, [https://epg.modot.org/forms/RW/LPA%20Links/Nonresidential%20Sale%20Form%20136.8.16.docx Nonresidential Sale (Form 136.8.16)] and [https://epg.modot.org/forms/RW/LPA%20Links/Residential%20Sale%20Form%20136.8.23.docx Residential Sale (Form 136.8.23)] utilized in the valuation shall be attached to each report. The entirety of information obtained on each sale transaction may exceed the need for each individual report, like income data, etc. Individuals may develop abbreviated sale data sheets that contain only the information necessary for comparison to the subject valuation, with other data retained in the appraiser’s work file. <br /> <br /> ====136.8.6.3.1.20 Optional Attachments====<br /> <br /> Cover letters<br /> <br /> Tables of Contents<br /> <br /> Appraiser Qualifications<br /> <br /> Engagement Letter or Notice to Proceed<br /> <br /> Legal Instructions, if any shall be retained in the appraiser’s work file and not attached to valuation reports. <br /> <br /> =====136.8.6.3.1.20A Assumptions and Limiting Conditions=====<br /> <br /> [https://epg.modot.org/forms/RW/LPA%20Links/Assumptions%20and%20Limiting%20Conditions%20Form%20136.8.6.docx Assumptions and Limiting Conditions, Form 136.8.6], shall be attached to each Standard Format and Value Finding appraisal, and other valuations where it is deemed appropriate. <br /> <br /> =====136.8.6.3.1.20B Certificate of Appraiser=====<br /> <br /> [https://epg.modot.org/forms/RW/LPA%20Links/Certificate%20of%20Appraiser%20Form%20136.8.7.docx Certificate of Appraiser, Form 136.8.7], shall be attached to each Standard Format and Value Finding appraisal, and other valuations where it is deemed appropriate. The Certificate of Appraiser is not used on Waiver Valuations.<br /> <br /> =====136.8.6.3.1.20C Tenant Summary=====<br /> <br /> [https://epg.modot.org/forms/RW/LPA%20Links/Summary%20Value%20of%20Tenant%20Interests%20Form%20136.8.31.docx Summary Value of Tenant Interests, Form 136.8.31], shall be prepared and provided to tenant owners of improvements and interests affected by an acquisition. Form 136.8.31 is a summary of tenant information and valuations included in the valuation of the parent property, but is NOT to be attached to the appraisal or valuation documents provided to the fee owner.<br /> <br /> =====136.8.6.3.1.20D Other Appraisal Considerations=====<br /> <br /> The following elements shall be considered and addressed in the appropriate paragraphs of all valuations.<br /> <br /> ======&lt;big&gt;136.8.6.3.1.20D.1 Americans With Disabilities Act of 1990&lt;/big&gt;======<br /> <br /> The intent of this section for the appraiser is to emphasize the importance of the impact of the ADA on real estate valuation. Appraisers must be aware of differences in apparently comparable improved properties due to ADA. It is not intended that appraisers unduly seek out ADA deficiencies in affected and acquired improvements. <br /> <br /> The appraiser should be aware of the requirements of Title III of the Americans With Disabilities Act of 1990 and consider its effect on the value of the appraised property. The Act applies to any public accommodation, commercial facility, or private entity that offers examinations or courses related to applications, licensing, certification or credentialing for secondary or post-secondary education, professional or trade purposes. When a public accommodation is located in a private residence that part used for public accommodation is covered by this act, including those elements used to enter the place of public accommodation. <br /> <br /> The Act requires removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable, i.e., easily accomplished and able to be carried out without much difficulty or expense. Whether a measure is readily achievable is determined on a case-by-case basis, however, the obligation to remove barriers is a continuing one. What was not readily achievable in the past may become achievable in the future and the Act envisions a gradual removal of barriers and suggests priorities for their removal.<br /> <br /> All new improvements after January 26, 1993 must be designed and constructed to be readily accessible and usable by individuals with disabilities. Alterations to existing facilities after January 26, 1993 must to the maximum extent feasible ensure that the altered portions of the facility are readily accessible. When undertaking a cost to cure as part of the damages caused by a property acquisition, the appraiser will have to consider how the acquisition affects accessibility as well as whether the improvement was or should have been in compliance prior to the acquisition.<br /> <br /> Subject property shall be inspected on the date of valuation for its compliance or non-compliance with ADA regulations. All comparable sales used in the valuation process should be analyzed as to their compliance or non-compliance to ADA regulations as of the date of sale. If subject property is currently in non-compliance with ADA regulations the appraiser should use similar comparable sales, which are in non-compliance for comparison purposes. It shall be the appraiser's responsibility to estimate the current market value of subject property as it now exists taking into consideration all of its compliance or non-compliance of ADA regulations and making adjustments for either situation. Curing damage to the remainder could trigger requirements of ADA. This must be considered in any after value analysis.<br /> <br /> ======&lt;big&gt;136.8.6.3.1.20D.2 Billboard Valuation&lt;/big&gt;======<br /> <br /> For further information on the acquisition of billboards, see [https://epg.modot.org/index.php?title=236.16_Outdoor_Advertising#236.16.9_Sign_Structures.2FJunkyards_Affected_by_Highway_Projects EPG 236.16.9 Sign Structures/Junkyards Affected by Highway Projects]. The following definitions are for valuation purposes and are linked to locations where other define the subject for different purposes. <br /> <br /> '''A. Definitions'''<br /> <br /> '''Billboard:''' An outdoor advertising structure that is described within the outdoor advertising industry as a flat surface (panel, wall, or fence, etc) on which bills are posted. Specifically, a large panel designed to carry outdoor advertising intended or used to advertise or inform of activities conducted away from the premises or services and/or products provided somewhere other than the premises where the structure is located. It advertises an establishment, merchandise, service or entertainment that is not sold, produced, manufactured or furnished at the property on which it is located. <br /> <br /> Billboards along with their supporting structures are considered realty. Billboards should not be confused in the appraisal process with on-premise signs.<br /> <br /> Although billboards are the dominant form of outdoor advertising, other forms such as an outdoor sign, display, device, figure, painting, drawing, message, plaque, or poster may also be considered as outdoor advertising. The valuation of these other forms of outdoor advertising should follow the procedures stated herein.<br /> <br /> For purposes of valuation, the terms billboard and outdoor advertising structure are used interchangeably. Outdoor advertising is defined at [https://revisor.mo.gov/main/OneSection.aspx?section=226.510 226.510 RSMo].<br /> <br /> '''On-premise Sign:''' An on-premise sign advertises activities, services and/or products offered by the establishment on the premises that it is located. On-premise signs may be realty or personalty. On-premise sign is defined at [http://sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7-CSR 10-6.015(25)].<br /> <br /> '''Status of Billboard Structures:''' The status of billboard structures is conforming, conforming out of standard, nonconforming or illegal. '''Conforming Billboard Structures''' comply with all current billboard regulations. '''Conforming Out of Standard''' is defined at [http://sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6]. '''Nonconforming Billboard Structures''' do not comply with all current billboard regulations, but did comply at one time, have a permit, and may remain in place until destroyed. Nonconforming is defined at [http://sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf. 7 CSR 10-6.015(24)]. '''Illegal Billboards Structures''' may have a permit, but are damaged, do not comply with current statutes, or have other legal limitations.<br /> <br /> '''Status of Billboard Sites:''' The status of improved billboard sites is either legal or illegal. The status of a permitted but unimproved site will always be legal. '''Legal Billboard Site''' is a location on a property that has attained the legal status for construction of a billboard, including the presence of a qualifying commercial enterprise and spacing from other permitted locations. For MoDOT acquisitions, the Outdoor Advertising Specialist can identify current status and spacing requirements. If zoned, the zoning must accommodate billboards. '''Illegal Billboard Site''' will generally be associated with a structure that has been erected without a permit, or in conflict with a permit regarding location or other issues.<br /> <br /> '''Eliminated Billboard Site:''' If an improved billboard site is within the proposed acquisition area, or otherwise impacted by a project, the site shall be considered eliminated if there is inadequate remaining size, if the qualifying commercial enterprise has been eliminated, adequate spacing is not available, local requirements, or other reasons identified by the appraiser. Limitation of access may impact legal billboard sites. <br /> <br /> '''B. Property Description'''<br /> <br /> The description of billboards shall include size, structural components, lighting, condition, maintenance, recent renovation and a statement of actual and effective age. All tenant owned billboards shall be identified and described as separate assets from that of the fee holder. Regardless of impact by the acquisition, billboard structures shall be inspected to the extent that they can be adequately described and that valuation may be accomplished if acquired, or a contributory value may be estimated if unaffected by the acquisition.<br /> <br /> For valuation purposes, the size of a billboard site may not need to be identified, as long as the billboard use does not diminish other uses on the land, or other uses on the land do not diminish the additional contributory value as a billboard site or structure. <br /> <br /> The billboard site and each component of the outdoor advertising structure may be under different ownerships. The status of each billboard site and structure, affected by the acquisition, must be reported in the appraisal. (A legal site may contain an illegal structure, etc.) Fee and staff appraisers shall secure information on status of billboards and administrative hearings. <br /> <br /> '''C. Compensation'''<br /> <br /> Compensation shall be paid for legal sites, conforming structures and non-conforming structures eliminated by an acquisition. <br /> <br /> If a billboard structure or site that is illegal or scheduled for administrative hearing is encountered in the acquisition, consult the agency’s counsel to determine if compensation must be included or omitted in the valuation, and state the findings and conclusion in the report. <br /> <br /> If after the acquisition of an improved billboard site, the remaining spacing is such that one cannot identify which of two or more tracts might be able to obtain a permit for a replacement site, valuations must include compensation for improved sites that are eliminated but may be replaceable, and not speculate on which of several owners might achieve the permit. <br /> <br /> '''D. Valuation'''<br /> <br /> Federal regulations require that all applicable, relevant and reliable approaches to value be considered in valuing billboards. Therefore, as in the valuation of all property types, all relevant approaches to value are to be considered and included in the report, when practicable. The appraiser may estimate the value of billboards and their sites by the most relevant and reliable approach, and include the result in the total overall value. The appraisal must state why any approach is not used.<br /> <br /> The valuation of billboard sites that are part of a larger ownership, may utilize market information from comparable sales of sites or capitalization of rents of comparable sites. This site value conclusion may then be added to or included in the concluded realty value of the overall ownership. <br /> <br /> A special larger parcel valuation situation may arise if the landowner owns the billboard and also advertises the billboard owner's business, service or product, which is provided at other premises. <br /> <br /> '''Sales Comparison Approach:''' A Sales Comparison Approach may be developed using comparable sales of improved billboard sites, improved with structures similar to the subject’s structure. Elements of comparison might include traffic count, height, lighting, proximity to towns or commercial development, direction of travel, visibility, etc. <br /> <br /> '''Income Approach:''' In all ownership combinations, the income derived from the rent received for the land and structure is to be considered in developing an income approach to determine the contributory value of the billboard and supporting land. Income from the sale of advertising displays posted on billboards shall not be considered as income imputable to the realty. <br /> <br /> Comparable rental data can be developed with information from landowners who rent their structure to a second party who places advertising on the structure. Capitalization rates must be supported. Use of the band of investment method of developing a capitalization rate is acceptable. <br /> <br /> In valuing billboard sites, the appraiser shall determine potential economic rent for the subject site. Such rent shall be estimated by comparing the subject site to comparable leased premises. Potential economic rent shall be capitalized at an appropriate rate to determine the current estimated value of the sign site. The appraiser shall explain or support the overall capitalization rate used. Legal status and remaining functional life of the site may impact the selection of the capitalization rate. <br /> <br /> '''Cost Approach:''' The appraiser shall estimate the value of billboards and their sites by the cost less depreciation method and include the result in the total overall value. The Cost Approach shall always be developed, regardless if other approaches are also used. Costs for the structures shall be compiled by the unit in place method, quantity survey method or contractor estimate with depreciation measured by the most appropriate means available. Cost sources are to be supported as defined in [[#136.8.6.3.1.9B Cost Approach Before Acquisition|EPG 136.8.6.3.1.9B Cost Approach Before Acquisition]]. <br /> <br /> The district is encouraged to contract for cost estimates of replacement or reproduction cost with local sources. It is the appraiser's responsibility to apply estimated depreciation to such estimates to the extent indicated by its current physical condition.<br /> <br /> '''Reconciliation:''' The basis for the appraiser’s reconciliation of the approaches to a final value estimate should be based on their consideration of the relative strengths and weaknesses of each approach utilized. <br /> <br /> '''E. Distribution of Fee Holder and Tenant Interest'''<br /> <br /> The appraisal report shall identify the site’s annual contract rent, remaining term of the lease, and any other provisions pertinent to the income to be received by the landowner. In those cases where the tenant has a lease and the contract rent is less than the economic rent for the sign site, the appraiser shall compute present value of the difference for the remaining lease term. This amount is the leasehold interest. This amount will be subtracted from the landowner’s value of the sign site. The amount shall then be added to the tenant’s interest. <br /> <br /> '''F. Salvage Value'''<br /> <br /> The appraiser shall determine a salvage value. Salvage value is the probable sale price of an item if offered for sale to knowledgeable buyers, including the previous structure owner, with the requirement that it be removed from the property at a buyer’s expense (i.e. not eligible for relocation assistance). This includes items for re-use as well as items with components that can be reused or recycled when there is no reasonable prospect for sale except on this basis. Assignment of a salvage value for billboard structures should specifically address the previous owner’s ability to utilize or move the salvaged item.<br /> <br /> If the appraiser determines that Legal Billboard Sites are readily available, it is acceptable to estimate the salvage value as the value in place at a potential replacement site minus the cost to relocate the sign to a replacement site. <br /> <br /> '''G. Billboard Valuation Guide'''<br /> <br /> The following material is provided as a guide suggest the minimum items of consideration in valuing a billboard and billboard site, which must be incorporated into an appraisal format, in the appropriate sections. Use [https://epg.modot.org/forms/RW/LPA%20Links/Comparable%20Lease%20Form%20136.8.9.docx Comparable Lease (Form 136.8.9)] for reporting all types of leases. <br /> <br /> :* Structure Owner<br /> :* Site Owner<br /> :* Status of the Structure<br /> :* Status of the Site<br /> :* Permit number and other material from the Outdoor Advertising Permit Specialist. <br /> :* Lease Terms: If the lease is not of public record, the appraiser should attempt to secure a copy from the parties. In the event a written lease is nonexistent or unavailable, the appraiser shall make personal inquiry of the parties in an effort to learn of terms and conditions. Data secured from such inquiry shall be entered on the Comparable Lease, Form 136.8.9.<br /> :* Property Description<br /> :* Valuation<br /> :* Distribution of Landowner and Structure Owner Interests<br /> :* Estimated Value to the Landowner<br /> :* Estimated Value of Billboard Site<br /> :* Less Leasehold Interest, if any<br /> :* Landowner Interest in the Site<br /> :* Estimated Value to the Structure Owner<br /> :* Estimated Value of Structure<br /> :* Add Value of Leasehold Interest, if any<br /> :* Structure Owner Interest<br /> :* Salvage Value<br /> <br /> ======&lt;big&gt;136.8.6.3.1.20D.3 Borrow Easements, Waste Easements or Haul Roads&lt;/big&gt;======<br /> <br /> A valuation for an easement for a borrow area or haul road must provide a word picture which would adequately explain what damages will be associated with these easement areas. The description should include the appraiser's understanding of what the site will look like, how much material will have been removed or deposited, what the possible damages to the remainder will be, whether the affected area will be ponded, whether the topsoil will be stockpiled and replaced and whether the area will be seeded and mulched.<br /> <br /> If the acquisition involves a borrow easement or haul road, adjustments must be adequately explained.<br /> <br /> ======&lt;big&gt;136.8.6.3.1.20D.4 Damages&lt;/big&gt;======<br /> <br /> Damages as such are not appraised. However, the appraiser shall explain any damages to the remainder property and allocate the difference in the value of the property before and after the acquisition between the value of the acquisition and damages to the remainder. If damages are measured by a cost to cure, the appraiser must justify the cost to cure and demonstrate that the cost to cure is less than the damage would be if the cure were not undertaken. <br /> <br /> Rationale for conclusion of damage to remainder due to easements or other damage shall be explained. Losses to remainder value may result from limitation of direct access, proximity of proposed boundary line to improvements, severance, reduction in size of remainder, configuration of remainder, change in grade, and other effects of acquisition. <br /> <br /> '''Noncompensable Damages:''' It is an established principle of law that certain damages, which may occur by reason of a government acquisition of land, are not compensable and, therefore, must be disregarded by appraisers when estimating market value for such acquisitions. Losses of business and relocation expenses have been determined to be noncompensable. Other noncompensable damages include: damage to business, loss of or damage to goodwill, future loss of profits, expenses of moving removable fixtures and personal property, depreciation in value of furniture and removable equipment, frustration of plans, frustration of contractual expectations, loss of customers, and the expense of having to readjust manufacturing operations.<br /> <br /> '''Easements:''' An easement can generally be described as an interest in land of another entitling the owner of that interest to a limited use of the land in which it exists, or a right to preclude specified uses in the easement area by others. An easement is an interest less than the fee estate, with the landowner retaining full dominion over the realty subject only to the easement; the landowner may make any use of the realty that does not interfere with the easement holder’s reasonable use of the easement and is not specifically excluded by the terms of the easement. <br /> <br /> '''Temporary Easements:''' The appropriate measure of value for the acquisition of a temporary easement is the rental value for the term of the temporary easement, adjusted as may be appropriate for the rights of use, if any, reserved to the owner. Damages that result from temporary construction easements are usually based on the economic or market rent of the affected area for the term of the temporary easement. Usually, the land area affected is so small and the term of the temporary easement so short that compensation for the temporary construction easements is nominal. As a result, many agencies and appraisers have adopted a ''shortcut'' for its estimation. A reasonable return rate, rather than the economic or market rent based on comparable rentals, is estimated and applied to the encumbered land’s fee value for the term of the temporary easement. The rent loss or appropriate return is often not converted to a present value through the application of a discount rate because of the short term of the temporary easement and the nominal nature of the indicated rent loss. <br /> <br /> Even though technically incorrect this short cut is generally acceptable because of the nominal nature of the temporary construction easements acquisition and the cost and time savings associated with the short cut. However, appraisers must recognize that the short cut methodology will be found unacceptable if the indicated compensation is more than nominal.<br /> <br /> In estimating and approving just compensation for temporary easements, the appraiser/reviewer must consider the impact on the use of the area of the property in the temporary easement and the impact of the temporary easement on the remainder. <br /> <br /> Impacts within the temporary easement area can have impact for the duration of the occupancy/use by the contractor, the duration of the anticipated construction time of the project, or the duration of the encumbrance of the temporary easement on the property. <br /> <br /> Temporary easements that impact only during the contractor occupation include driveway reconnection easements, construction of curbs, removal of items, etc. Although a contractor may be on a temporary easement area during different times, (Example: removal, grading, sub-grade, and paving) the appraisal may consider merely the total of time the area is disturbed for construction, when making the calculation for compensation. Unless otherwise indicated, the appraiser is to assume that owners/customers are provided reasonable access to property during construction. <br /> <br /> Temporary easements that impact during the duration of the anticipated construction for the project include temporary bypasses, slope cuts, (slope fills require permanent easement) borrow easements, work and turn areas on parking lots, construction of retaining walls, etc. <br /> <br /> Temporary easements that impact for the duration of the temporary easement encumbrance include large temporary easements on vacant land with development potential, temporary easements that occupy large areas or large proportions of front yards, borrow or waste easements, or any application of easement that might impact market value or the marketability of the property. The duration of the project may include time beginning at the anticipated acquisition, and time until anticipated letting, construction time until anticipated acceptance of the project, which would release the rights in the temporary easement area. <br /> <br /> Temporary easements that may result in damage to remainder outside the actual temporary easement area include temporary loss of access or use of part or all of the property, undesirable borrow areas, etc. The agency accepts compensation for temporary easements at 10% of fee value per year, applied to one of the durations discussed above. Appraisal reports must include explanation of the duration used and why that duration was utilized. Different durations may apply to different temporary easement areas on an individual property. Use of other percentages requires analysis and explanation. <br /> <br /> '''Third Party Appurtenant Easements:''' This section applies to the proper measure of value for a third party appurtenant easement that is acquired or extinguished as an incident of an acquisition of the servient estate (fee acquisition of property through which an easement of access connects a third party’s parcel to the highway). The third-party easement owner has a separate estate that must be separately appraised. In such cases, the easement owner is not limited to the value of the easement acquired, but is entitled to the value diminution of the property served by the easement. Accordingly, two appraisal assignments are required; a before and after appraisal of the easement interest and the property it serves (the before appraisal including the easement interest and the land it serves and the after appraisal excluding those interests acquired.) and a second appraisal assignment covering the land being acquired, as encumbered by the easement. This second appraisal would also require a before and after appraisal if only a portion of this larger parcel is to be acquired.<br /> <br /> '''Costs to Cure:''' Cost to cure items may include wells and water systems, septic or sewer systems, waterways, terraces, fencing for boundary lines along relocated highways, etc. Costs for such items shall be based on contractor estimates or other appropriate cost sources. <br /> <br /> The estimated cost to move a building improvement shall not be used as a measure of consequential damage in the Value Finding format, unless authorized in the Scope of Assignment.<br /> <br /> ======&lt;big&gt;136.8.6.3.1.20D.5 Dedication Requirement&lt;/big&gt;======<br /> <br /> When performing appraisals within corporate limits or in zoned areas, the appraiser must research the zoning ordinances, and/or subdivision regulations, to reveal if properties subject to acquisition could be required to make a dedication of land in exchange for zoning change or development plans, to achieve the highest and best uses that are anticipated to be suggested in appraisal reports. If such ordinances and/or regulations are discovered, their impact must be addressed and reflected in valuations.<br /> <br /> Indications of dedication in existing ordinances, plats, deeds or other conveyances must contain the proper language to effect a proper dedication. The wording “reserved for future highway” will not rise to the level of a lawful dedication. The wording “dedicated to the agency for public use forever” or like wording must be used. Consult your agency counsel regarding the effectiveness of any particular wording.<br /> <br /> ======&lt;big&gt;136.8.6.3.1.20D.6 Environmental Considerations&lt;/big&gt;======<br /> <br /> The appraiser is responsible for reporting any observed or suspected indications of contamination by hazardous materials or waste and the presence of other environmental considerations such as wetlands<br /> <br /> '''A. Hazardous Materials or Waste''' <br /> <br /> It is not the intention of this instruction to give comprehensive procedures for inspecting properties for contamination, but to offer appraisers some guidance.<br /> <br /> The scope of assignment must suggest the appropriate level of data and analysis regarding hazardous materials or waste to be conducted by the appraiser. <br /> <br /> For valuation of known contaminated properties, appraisers will typically be asked to value a property as if clean, from clean sales, as a special hypothetical condition. Clean up costs, if known, may be handled administratively or by the appraiser. Clean-up costs that may have been future or speculative to the owner may be immediately imposed by the project and therefore wholly or partially compensable, depending on the circumstance. <br /> <br /> Because of the serious impact of contamination by hazardous materials or waste, it often affects major decisions by the agency’s planning, right of way and design groups. In many cases this problem has been identified before the property acquisition phase of a project. If, prior to completion of the appraisal assignment, an environmental assessment and cleanup cost estimate have been done on a contaminated subject property the effect, if any, of cleanup cost on the value of the property must be considered in the appraisal.<br /> <br /> There will be instances in which contamination has not been detected by the time an inspection for appraisal is made. In the absence of specific instructions, appraisers are not required to do, or to cause to have done, environmental assessments of subject properties, and it is expected that a disclaimer stating the appraisers' lack of expertise in this field will be included in the appraisal report. However, the appraiser is responsible for observing and reporting obvious indications of potential contamination.<br /> <br /> If contamination is suspected, appraisers should photograph the suspect area include in the descriptive sections of their reports the circumstances or features that they feel indicate potential problems and clearly state that the possibility of contamination exists. They should include statements to the effect that &quot;the value conclusion assumes that the property is not contaminated and if it is later found to be, the value estimate could change.&quot;<br /> <br /> The current use or historic uses of a property can be strong indicators of possible contamination. Some examples of uses that should alert the appraiser include: Vehicle repair, maintenance or salvage; Electroplating and/or metal fabricating; Chemical manufacture, storage or sales; Petroleum related storage, transportation or sales; Trucking; Manufacture, storage and/or sales of agricultural chemicals.<br /> <br /> Site and improvement characteristics to look for include: Tanks, pits, lagoons, ditches, pipes, piles, containers, etc.; Containment structures such as berms or dikes; Wastewater treatment facilities; Recent unexplained ground disturbance; Color variation in soils or barren soil; Water with surface staining or sheen; Dead or dying vegetation. Potential asbestos containing materials include: Sprayed-on fireproofing; Pipe wrap; Friable tape; Acoustical plaster; Shingles; Floor tile. Other possible indications of hazardous materials or waste: Odors, Peeling paint, Urea-formaldehyde foam insulation<br /> <br /> These features or characteristics do not necessarily indicate contamination but should alert appraisers to the possibility. Once alerted, appraisers should include questions about the historic use of the property in interviews with owners, operators, city officials, real estate practitioners and others as they proceed with normal data research, and include their findings in their appraisal reports.<br /> <br /> '''B. Wetlands'''<br /> <br /> The U.S. Army Corps of Engineers and the Environmental Protection Agency define wetlands as follows: &quot;A wetland is a type of water of the United States subject to Section 404 of the Clean Water Act. Other such waters include lakes, ponds, streams (including intermittent streams), rivers, creeks, springs, territorial seas, other tidal waters, and other bodies of open water. The term wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support and that, under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Also, wetlands are generally distinguished from other waters of the United States in that they normally support vegetation.&quot; The U.S. Department of Interior, Fish and Wildlife Service defines wetlands as &quot;Land where water is the dominant factor determining the nature of soil development and the types of plant and animal communities living in the soil or on its surface.&quot;<br /> <br /> At this time there is no comprehensive mapping or inventory of existing wetlands. The U.S. Soil Conservation Service can provide soil classification maps that note hydric soils (potential wetlands) and the Fish and Wildlife Service has National Wetland Inventory maps which also delineate potential wetlands but do not make a final determination. Three basic characteristics are considered in making a determination if an area is wetland: 1) hydrology, 2) vegetation, and 3) soil. If an area is in a floodplain or otherwise has low spots in which water stands at or above the soil surface for more than seven consecutive days during the growing season and/or has plant communities that commonly occur in areas having standing water for part of the growing season (gum swamps, cordgrass, marshes, cattail marshes, bulrush and tule marshes, and sphagnum bogs) and/or has soils that are called peats or mucks there is a high probability that it is wetland, a determination of which must be reached by a more detailed investigation of soils and plant life. <br /> <br /> When agency appraisers are dealing with wetland in an acquisition the wetland area will have been defined by the Design Division. The appraiser's challenge is to find comparable sales that are also wetland. Because of the detailed investigation by specialists required to determine the presence of wetland as defined, and because this investigation is normally only done when construction or development is planned, the appraiser will not normally know whether a sale has wetland. The appraiser can, however, determine if some of the wetland-indicating conditions as stated above are present. If some or all of these conditions are present in a rural or low-density developed area it is likely that valid comparisons can be made between the subject and the comparable sales based upon the utility of the land. If the subject and sales are in an area where the highest and best uses are for development then the determination of wetland classification may be critical to the valuation process. A sale, for example, which is marshy land but not classified as wetland, may be developable at typical cost by filling while a similar tract, which is classified as wetland may not be developable or may be only at significantly increased cost due to requirements of Section 404 of the Clean Water Act.<br /> <br /> ======&lt;big&gt;136.8.6.3.1.20D.7 Fence&lt;/big&gt;======<br /> <br /> '''Permanent Fence:''' Fence should be described in sufficient detail to allow an estimate of its contributory value and/or to allow development of a cost estimate for replacement. The fencing cost estimate may be supported by a contractor's estimate or fencing cost schedule. Appraisers are encouraged to seek contractor’s estimates, especially on larger and complex fence situations. <br /> <br /> The appraisal should include compensation for replacement of all fencing, by like kind at actual new cost, along the proposed boundary line, which is necessary for the subject property to attain its highest and best use or contributes to that use. <br /> <br /> Compensation for fence that may not contribute to the fulfillment of the highest and best use may be considered. Fence may have interim use value, depreciated in place value, salvage value (value of salvage exceeds cost of removal), no value (removal cost equals salvage value) or negative value (removal cost exceeds salvage value). The analysis should be clear as to which valuation premise is being used.<br /> <br /> Fence that is acquired as a result of widening should be considered as an improvement acquired and may be valued at its contributory value or replacement cost depending on whether it must be replaced. A requirement for fence where there was none before, due to a realignment or other reason, should be considered consequential damage and valued by the cost to cure.<br /> <br /> The appraisal shall include compensation for appropriate costs of fencing the boundary line in all areas where the ownership was previously fenced, even if plans indicate the contractor will fence the boundary line. Appraiser shall include all normal costs as if the contractor was not fencing. This provision applies to permanent fence and temporary fence; as well as borrows and haul roads if the agency will acquire the borrow area.<br /> <br /> '''Temporary Fence:''' Temporary fencing of easements should be included as cost to cure. Estimated costs of temporary fencing should be consistent with its temporary nature. <br /> <br /> Temporary fencing of easements not provided by the contractor should be included as cost to cure. Estimated costs of temporary fencing should be consistent with its temporary nature. <br /> <br /> Temporary fencing of easements is required when livestock containment is an issue, even if the plans indicate the contractor will provide such fence. For reasons of highway safety and potential liability claims, compensation should provide temporary fence in like kind to the existing fence, up to and including woven wire. The value of board or decorative fence would be compensated for in like kind for the permanent fence, but would not be appropriate compensation measure for temporary fence. <br /> <br /> ======&lt;big&gt;136.8.6.3.1.20D.8 Historic and Archaeological Considerations&lt;/big&gt;======<br /> <br /> Normally, properties with historic or archaeological significance will have been identified in the project design phase. If in the course of inspection or research the appraiser becomes aware of new facts indicating that a subject may be a historically or archaeologically significant site these facts should be reported to the District Right of Way Manager for communication to other divisions with responsibility for dealing with them. Archaeological sites will likely be explored and artifacts removed before any effects by the project, and will normally not be considered in any appraisal of the property. Once a determination has been made to acquire a historic building for a project, it should be dealt with as a typical appraisal problem by taking into account all factors that affect value. Historic characteristics of a building may have positive, negative or no impact on value depending primarily upon market reaction to laws regulating the building's use and maintenance, and should be dealt with as part of the appraisal problem.<br /> <br /> ======&lt;big&gt;136.8.6.3.1.20D.9 Manufactured Homes&lt;/big&gt;======<br /> <br /> In general, manufactured/mobile homes shall be considered realty if owned by the fee holder and assessed as realty. They shall be considered personalty if the tenant owns the mobile home but not the land on which the mobile home is sitting. For additional definition of mobile home see [[236.8 Relocation Assistance Program#(cc) Mobile home|EPG 236.8.1.3 Mobile home]] and [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid=636c029cc9dc07b1b1485f4378da31ee&amp;c=ecfr&amp;tpl=/ecfrbrowse/Title49/49tab_02.tpl 49 CFR 24.2(a) 17].<br /> <br /> If personalty, the manufactured/mobile homes shall be noted in the appraisal report but not valued. Personalty will be covered under relocation. Refer to [[236.8 Relocation Assistance Program|EPG 236.8 Relocation Assistance Program]]. <br /> <br /> ======&lt;big&gt;136.8.6.3.1.20D.10 Moving Improvements as a Measure of Damage&lt;/big&gt;======<br /> <br /> Use of the estimated cost to move a building improvement as a measure of proximity or other consequential damage must be supported by contractor estimates and analysis of market data to show feasibility. The value of the improvement if moved must be significantly greater than the after value in-place plus the cost to move. The use of this method is limited to those situations in which moving an improvement appears to be an action that a typical prospective buyer might consider. When this method of analysis is chosen both a sales comparison and cost approach should be done and the added value and extended economic life due to new components such as foundation, plumbing, wiring, etc. must be recognized in the after value conclusion.<br /> <br /> ======&lt;big&gt;136.8.6.3.1.20D.11 On-premise Signs&lt;/big&gt;======<br /> <br /> If a partial acquisition requires removal of on premise signs, including logo or trademark signs, such signs are to be handled under [[236.8 Relocation Assistance Program|EPG 236.8 Relocation Assistance Program]].<br /> <br /> If a business operation will be totally acquired, all on premise signs are to be valued as real estate and offered back to the owner at salvage value. An exception would be made, however, for those situations in which the business operation is to relocate to another location and wants to utilize an existing sign. In such cases a sign may be handled under EPG 236.8 Relocation Assistance Program.<br /> <br /> ======&lt;big&gt;136.8.6.3.1.20D.12 Personalty and Fixtures&lt;/big&gt;======<br /> <br /> The appraisal report should identify the items considered in the appraisal to be real property, as well as those identified as personal property. See [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid=636c029cc9dc07b1b1485f4378da31ee&amp;c=ecfr&amp;tpl=/ecfrbrowse/Title49/49tab_02.tpl 49 CFR 24.103(a)(1)] and USPAP Standard Rule 1-2 e iii. This requirement may be met by identifying fixtures included in the realty value. Identify fixtures or personalty that might be considered a fixture, which the owner desires to retain, and exclude those elements from the realty value. Examples include freestanding appliances, restaurant equipment, industrial machines, etc. To avoid duplication of payments in the relocation program, the appraiser may need to coordinate with the relocation specialist and legal counsel to ensure proper allocation of complex fixture and personalty items. <br /> <br /> LP tanks owned by the fee holder are to be considered realty and included in the value estimate, unless the owner desires to have the fixture moved under the relocation program. Leased or tenant owned LP tanks are to be considered personal property and not valued. <br /> <br /> Satellite dishes including all in-ground components are to be considered as personal property and not valued.<br /> <br /> ======&lt;big&gt;136.8.6.3.1.20D.13 Project Influence&lt;/big&gt;======<br /> <br /> Per [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid=636c029cc9dc07b1b1485f4378da31ee&amp;c=ecfr&amp;tpl=/ecfrbrowse/Title49/49tab_02.tpl 49 CFR Section 24.103(b)], &quot;The appraiser shall disregard any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired or by the likelihood that the property would be acquired for the project, other than that due to physical deterioration within the reasonable control of the owner.&quot;<br /> <br /> ======&lt;big&gt;136.8.6.3.1.20D.14 Special Benefits&lt;/big&gt;======<br /> <br /> Special Benefits are those benefits accruing to the land adjacent to the public improvements, which do not accrue to the public at large. <br /> <br /> Special benefits reflected in an appraisal must be supported with concurrence from the agency’s counsel by letter retained in the appraisal work file. <br /> <br /> ======&lt;big&gt;136.8.6.3.1.20D.15 Blank&lt;/big&gt;======<br /> <br /> ======&lt;big&gt;136.8.6.3.1.20D.16 Units of Comparison&lt;/big&gt;======<br /> <br /> In markets where analysis by front foot indicators is considered appropriate, value indications by area (square foot or acre) shall also be included in comparative data and analyses.<br /> <br /> ======&lt;big&gt;136.8.6.3.1.20D.17 Uniform Standards of Professional Appraisal Practice&lt;/big&gt;======<br /> <br /> '''USPAP Compliance Statement:''' See page four of the USPAP Compliance Statement to be used in Standard, URAR, and Value Finding formats. See [[#136.8.6.3.4 Uniform Residential Approval Report (URAR) and Addendum|EPG 136.8.6.3.4 Uniform Residential Appraisal Report (URAR) and Addendum]] for the USPAP Compliance Statement to be used with Waiver Valuations.<br /> <br /> Uniform Standards of Professional Appraisal Practice (USPAP) provide the common basis for all appraisal practice and reflects the current standards of the appraisal profession. Supplemental standards applicable to assignments prepared for specific purposes may be issued by government agencies that establish public policy. This article represents MoDOT’s supplemental standards. <br /> <br /> USPAP addresses the ethical and performance obligations of appraisers through definitions, rules and standards. The definitions establish the application of certain terminology. The Ethics Rule sets forth the requirements for integrity, impartiality, objectivity, independent judgment and ethical conduct. The Competency Rule presents pre-assignment and assignment conditions for knowledge and experience. The Jurisdictional Exception Rule preserves the balance of USPAP if a portion is contrary to law or public policy of a jurisdiction. The Supplemental Standards rule provides the means for government agencies that establish public policy to augment USPAP. The Standards establish the requirements for appraisal, appraisal review and the manner in which each is communicated. In performing assignments for the agency , appraisers are bound by these USPAP standards and rules. <br /> <br /> USPAP Standards Rule 1-4, when applicable: In developing a real property appraisal, an appraiser must collect, verify, and analyze all information necessary for credible assignment results the agency has determined, through the Scope of Assignment, the formats and approaches to value which are applicable, that is, the approaches which are necessary to produce a credible appraisal for valuing property or property rights to be acquired for agency’s purposes or for disposal of this property or property rights. <br /> <br /> As an agency of the government of the state of Missouri with the power to make administrative rules with the force of law, MoDOT’s policy in this matter falls under the Jurisdictional Exception and explanation by the appraiser that the approaches to value are those required by the Scope of Assignment is adequate explanation and support for the exclusion of any of the usual valuation approaches.<br /> <br /> It is not the purpose of the agency or MoDOT to circumvent USPAP in utilizing abbreviated report formats or requiring less than three approaches to value. Rather, the purpose of this procedure is to keep the authority for making the decision on which approaches to value shall be done on an administrative level. The appraiser has the responsibility to request a change in the Scope of Assignment if field inspection reveals that the appraisal problem is substantially different than described in the Scope of Assignment and the approaches called for do not adequately deal with the problem.<br /> <br /> Through the Scope of Assignment process, the agency and the appraiser have determined that the appraisal process to be performed will provide a credible report. The review process finally assures that a credible report has been accomplished for the intended use.<br /> <br /> Not all specific requirements of USPAP are applicable to every assignment. Typical practice for a given assignment is measured by the expectations of parties who are regularly intended users for similar assignments, participants in the market of appraisal services, and what an appraiser’s peers’ actions would be in performing the same or a similar assignment. <br /> <br /> '''Jurisdictional Exception:''' Section A of the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA) notes that the Standards conform to Uniform Standards of Professional Appraisal Practice (USPAP), but that, in certain instances, it has been necessary to invoke USPAP’s Jurisdictional Exception Rule to conform the UASFLA to federal law relating to the valuation of real estate for government acquisition purposes. The following identifies the areas of the UASFLA that deviate from USPAP under the Jurisdictional Exception Rule. <br /> <br /> USPAP’s Jurisdictional Exception Rule provides that “if any part of USPAP standards is contrary to the law or public policy of any jurisdiction, only that part shall be void and of no force or effect in that jurisdiction.” By way of explanation, the comment section of USPAP’s Jurisdictional Exception Rule further provides: “By logical extension, there can be no violation of USPAP by an appraiser disregarding, with proper disclosure, only the part or parts of USPAP that are void and of no force and effect in a particular assignment by operation of legal authority.” The comment also states, however, that “[i]t is misleading for an appraiser to disregard a part or parts of USPAP as void and of no force and effect in a particular assignment without identifying in the appraiser’s report the part or parts disregarded and the legal authority justifying this action.” <br /> <br /> The conflicts between the UASFLA and USPAP that require invocation of USPAP’s Jurisdictional Exception Rule are minimal. Invocation of the Jurisdictional Rule should never be invoked lightly, or without reference to the overriding federal policy, rule, or regulation, which requires it. USPAP is not a particularly restrictive document, but it and the UASFLA require full and prominent disclosure to avoid misleading intended users (or even casual readers) of the appraisal report. <br /> <br /> While the UASFLA standards are not themselves law, they are based on federal case law, legislation, and administrative rules. Also, the UASFLA standards have been specifically incorporated by reference into a number of statutes and regulations, in particular the regulations that implement the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. It is clear that the deviations between the UASFLA and USPAP noted below fall under USPAP’s Jurisdictional Exception Rule; the legal authority justifying these exceptions consists of the UASFLA and the federal case law, legislation, and federal regulations upon which the UASFLA are based. <br /> <br /> :'''* Linking Estimate of Value to Specific Exposure Time'''<br /> <br /> :Section A-9 of the UASFLA provides that the appraiser shall not link an estimate of market value for federal land acquisition purposes to a specific exposure time. This is contrary to USPAP Standards Rule 1-2 and Standards Rule 2-2, and is considered a jurisdictional exception. The legal basis and reasoning for this jurisdictional exception may be found in Section B-2 of the UASFLA. <br /> <br /> :'''* Consideration of Land Use Regulations and Anticipated Public Projects'''<br /> <br /> :Section A-12 of the UASFLA provides that the appraiser disregard any changes in a property’s neighborhood brought about by the government’s project. Section A-13h of the UASFLA further instructs appraisers that they must disregard recent rezoning (or the probability of rezoning) of the property under appraisal if such action was the result of the government’s project. Section B-10 of the UASFLA, “Enhancement or Diminution in Value Due to the Project,” explains the legal basis for these instructions. These instructions are contrary to USPAP Standards Rule 1-3(a), which requires appraisers to identify and analyze the effect on use and value of existing land use regulations and probable modifica-tions thereof, and to Standards Rule 1-4(f), which requires appraisers to analyze the effect on value of anticipated public improvements located on or off site. Therefore, the instructions to appraisers in the UASFLA in this regard are considered jurisdictional exceptions. <br /> <br /> :'''* Review Functions'''<br /> <br /> :Section C-5 of the UASFLA notes that 49 C.F.R. 24.104 requires the reviewer to determine whether the appraisal under review constitutes an adequate basis for the establishment of an offer of just compensation. To do that, it may be necessary for the reviewer to consider information that was not available to the appraiser at the time the appraisal report was prepared. Standards Rule 3-1(c) of USPAP prohibits the reviewer from using information not available to the appraiser in development of an opinion as to the quality of the appraisal report under review. Review appraisers are cautioned that some may construe their consideration of such information in conducting their review and developing recommendations to management as contrary to Standards Rule 3-1(c). Therefore, review appraisers may wish to invoke USPAP’s Jurisdictional Exception Rule in this regard, depending upon the specific circumstances of the review. <br /> <br /> :As noted in Section C-1 of the UASFLA, administrative reviews are not subject to USPAP and do not meet the requirements of 49 C.F.R. 24.104. In addition, Draft Appraisal Reports are not subject to USPAP, even though they may be reviewed for general conformance therewith, as well as conformance with the UASFLA. However, a technical review report covering a draft appraisal report does fall under the purview of USPAP and the UASFLA. However, the review appraiser typically does not approve, recommend for approval, disapprove, accept, or reject a draft appraisal report. Draft appraisal reports, for purposes of the UASFLA, are written appraisal reports, or parts thereof, which are not signed by the appraiser and do not include a signed appraiser’s certificate, or a signed letter of transmittal. <br /> <br /> :'''* Conduct of Preliminary Value Estimates and Appraisals for Federal Land Exchanges'''<br /> <br /> :As noted in Section D-7 of the UASFLA, a preliminary value estimate prepared under 43 C.F.R. 2201.1(b) is not considered an ''appraisal'' even though it may be prepared by a qualified appraiser. Therefore, the preparations of such preliminary value estimates are a jurisdictional exception to USPAP. <br /> <br /> :'''* Specific Legislation and Regulations'''<br /> <br /> :Each land acquisition agency has its own policies, rules, and regulations relating to its land acquisition activities. While all of these rules and regulations work from a base of 49 C.F.R. Pt. 24, as do the UASFLA, specific agency program activities sometimes make it necessary to adopt rules and regulations which are, or may be construed to be, contrary to USPAP.<br /> <br /> ===136.8.6.3.2 Value Finding Appraisal Format===<br /> <br /> The instructions for the Standard Appraisal Format, [[#136.8.6.3.1 Standard Appraisal Format|EPG 136.8.6.3.1 Standard Appraisal Format]], are the source for general appraisal guidance on all the formats. The following instructions are specific to the Value Finding Appraisal Format.<br /> <br /> Use of the [https://epg.modot.org/forms/RW/LPA%20Links/Value%20Finding%20Appraisal%20Format%20Form%20136.8.33.docx Value Finding Appraisal Format, Form 136.8.33] is allowed when: <br /> <br /> :* the acquisition is simple <br /> <br /> :* fair market value can adequately be estimated by the sales comparison approach with only minor adjustments <br /> <br /> :* damage to the remainder can be measured by the cost to cure or is consequential damage not exceeding $25,000 per element of damage <br /> <br /> :* damages due to simple strip permanent or temporary easements and cost to cure items when valued by a reliable cost manual or contractors’ estimate are not subject to the $25,000 damage limit in the value finding format<br /> <br /> :* the highest and best use is the present use and is not materially affected by the acquisition. Change in highest and best use resulting from a nominal uneconomic remnant is allowed in this format. <br /> <br /> Use of the Value Finding Appraisal Format, Form 136.8.33 is not allowed:<br /> <br /> :* when there is consequential damage exceeding $25,000 to a structural improvement. See [[#136.8.6.3.1.20D.4 Damages|EPG 136.8.6.3.1.20D.4 Damages]].<br /> <br /> :* when residences are to be acquired, unless authorized by a policy waiver from the Right of Way Section of Design. <br /> <br /> ====Instructions For Preparing Value Finding Appraisal Format====<br /> <br /> The appraiser shall adhere to the following format, and shall include paragraph headings and numbers as shown. The appraisal shall be typewritten on 8 1/2&quot; x 11&quot; paper with the pages numbered sequentially.<br /> <br /> These format instructions set out appraisal requirements of the Missouri Department of Transportation (MoDOT) and the Federal Highway Administration (FHWA). It is inevitable that appraisers will occasionally encounter situations that are not specifically addressed herein. In all cases the appraiser is responsible for a credible, adequately documented appraisal. Reasonableness and typical professional appraisal practices are the standard.<br /> <br /> There are a number of ownership items and appraisal problems frequently encountered in appraising for property acquisition, on which policies have been established by case law, management decision and precedent. These policies apply to all appraisal formats and are set out in [[#136.8.6.3.1.20D Other Appraisal Considerations|EPG 136.8.6.3.1.20D Other Appraisal Considerations]].<br /> <br /> &lt;center&gt;LOCAL PUBLIC AGENCY<br /> <br /> VALUE FINDING APPRAISAL FORMAT<br /> <br /> &lt;u&gt;REAL ESTATE&lt;/u&gt;&lt;/center&gt;<br /> <br /> See [[#136.8.6.3.1 Standard Appraisal Format|EPG 136.8.6.3.1 Standard Appraisal Format]] for the standard identification block.<br /> <br /> =====1. Owner and Tenant-owner=====<br /> <br /> See [[#136.8.6.3.1.1 Owner and Tenant Owner|EPG 136.8.6.3.1.1 Owner and Tenant Owner]] for instructions for Owner and Tenant-owner.<br /> <br /> =====2. Purpose of Appraisal=====<br /> <br /> See [[#136.8.6.3.1.2 Purpose of Appraisal|EPG 136.8.6.3.1.2 Purpose of Appraisal]] for instruction for Purpose of Appraisal, and all standard language for this paragraph.<br /> <br /> =====3. Interest Appraised===== <br /> <br /> See [[#136.8.6.3.1.3 Interest Appraised|EPG 136.8.6.3.1.3 Interest Appraised]] for instructions for Interest Appraised.<br /> <br /> =====4. Scope of Work=====<br /> <br /> See [[#136.8.6.3.1.4 Scope of Work|EPG 136.8.6.3.1.4 Scope of Work]] for instructions for Scope of Work.<br /> <br /> The Scope of Work for a Value Finding Appraisal Format is the same as that of a Standard Appraisal Format. However, due to the simplicity of the impact on the appraised property as determined in the Scope of Assignment, the required reporting level is reduced in the Value Finding report. <br /> <br /> =====5. Identification of the Property=====<br /> <br /> See [[#136.8.6.3.1.5 Identification of the Property|EPG 136.8.6.3.1.5 Identification of the Property]] for instructions for Identification of the Property.<br /> <br /> =====6. History of the Property=====<br /> <br /> See [[#136.8.6.3.1.6 History of the Property|EPG 136.8.6.3.1.6 History of the Property]] for instructions for History of the Property. <br /> <br /> =====7. Description of Realty Before Acquisition=====<br /> <br /> See [[#136.8.6.3.1.7 Description of Property Before Acquisition|EPG 136.8.6.3.1.7 Description of Property Before Acquisition]] for instructions for Description of Property Before Acquisition.<br /> <br /> '''A. Zoning'''<br /> <br /> :* Code <br /> <br /> :* Category<br /> <br /> :* Compliance<br /> <br /> '''B. Land'''<br /> <br /> For the Value Finding format, the land description should concentrate on areas in the acquisition and areas affected by the acquisition. Unaffected areas may require little or no description. <br /> <br /> :* Access Before Acquisition<br /> <br /> :* Utilities In Use Before Acquisition<br /> <br /> :* Utilities Available Before Acquisition<br /> <br /> '''C. Fee Owned Improvements, Fixtures and Personalty'''<br /> <br /> See [[#136.8.6.3.1.7C Fee Owned Improvements, Fixtures and Personalty|EPG 136.8.6.3.1.7C Fee Owned Improvements, Fixtures and Personalty]] for instructions for Fee Owned Improvements, Fixtures and Personalty. If unaffected by the acquisition, improvements shall be inspected to the extent that they can be adequately described. The appraiser may estimate the contributory value of unaffected improvements without support. <br /> <br /> This format shall not be used when there is consequential damage exceeding $25,000 to a structural improvement. If there will be consequential damage to a structural improvement, include a detailed description of the affected improvement in this paragraph and explain damage applied in [[#9. Description of the Acquisition and Effects on the Remainder|Description of the Acquisition and Effects on the Remainder]]. <br /> <br /> :* Fixtures and Personalty. See [[#136.8.6.3.1.20D.12 Personalty and Fixtures|EPG 136.8.6.3.1.20D.12 Personalty and Fixtures]] and 49 CFR Subpart B 24.103 (a).<br /> <br /> '''D. Tenant Owned Improvements, Fixtures and Personalty''' <br /> <br /> See [[#136.8.6.3.1.7D Tenant Owned Improvements, Fixtures and Personalty|EPG 136.8.6.3.1.7D Tenant Owned Improvements, Fixtures and Personalty]] for instructions for Tenant Owned Improvements, Fixtures and Personalty. See also [[#136.8.6.3.1.20D.12 Personalty and Fixtures|EPG 136.8.6.3.1.20D.12 Personalty and Fixtures]] and 49 CFR Subpart B 24.103 (a). <br /> <br /> '''E. Other Appraisal Considerations'''<br /> <br /> Methods and directions for addressing other property elements are set out in [[#136.8.6.3.1.20D Other Appraisal Considerations|EPG 136.8.6.3.1.20D Other Appraisal Considerations]].<br /> <br /> =====8. Highest and Best Use=====<br /> <br /> For a Value Finding appraisal, a statement of the highest and best use conclusion is sufficient. A concluded highest and best use in conflict with existing zoning must be explained. The Value Finding Appraisal Format requires that the highest and best use of an improved property be the current use and that the highest and best use is not affected by the acquisition.<br /> <br /> For additional information on highest and best use, see [[#136.8.6.3.1.8 Highest and Best Use Analysis Before Acquisition|EPG 136.8.6.3.1.8 Highest and Best Use Analysis Before Acquisition]].<br /> <br /> =====9. Description of the Acquisition and Effects on the Remainder=====<br /> <br /> For a Value Finding appraisal, include the area of new acquisition and/or easements, and briefly describe their location, configuration and relation to improvements or other important characteristics of the property. See [[#136.8.6.3.1.7B Land|EPG 136.8.6.3.1.7B Land]] and [[#136.8.6.3.1.11 Description of Property After Acquisition|EPG 136.8.6.3.1.11 Description of Property After Acquisition]] for instructions on Utilities and Access. <br /> <br /> :* Access After Acquisition:<br /> <br /> :* Impact on Utilities:<br /> <br /> :* Utilities In Use After Acquisition:<br /> <br /> :* Utilities Available After Acquisition:<br /> <br /> '''Other Appraisal Considerations'''<br /> <br /> Methods and directions for addressing other property elements are set out in [[#136.8.6.3.1.20D Other Appraisal Considerations|EPG 136.8.6.3.1.20D Other Appraisal Considerations]]. <br /> <br /> =====10. Analysis and Supporting Data for Compensable Losses=====<br /> <br /> '''A. Analysis of Overall Land Value'''<br /> <br /> In a Value Finding appraisal, a minimum of one unimproved sale comparable to the subject as if the subject was unimproved, shall be considered when arriving at an overall unit value, unless a different requirement of sale date is specified in the Scope of Assignment. See [[#136.8.6.3.5 Instructions for Preparing Sale Forms|EPG 136.8.6.3.5 Instructions for Preparing Sale Forms]] for requirements of comparable sale and [[#136.8.6.3.1.9A Sales Comparison Approach Before Acquisition|EPG 136.8.6.3.1.9A Sales Comparison Approach Before Acquisition]] for the application of comparable sales in the valuation. All significant differences between the sale and subject must be identified and the effect on market value analyzed and explained. <br /> <br /> In a Value Finding appraisal, total difference of up to 30% may be adjusted in a lump sum, with explanation. When a sale sufficiently comparable to meet this requirement is not available the appraiser may use the most comparable sale(s) available and show individual adjustments together with market data or in-depth explanation of the appraiser's rationale to support the adjustments and value conclusion. A brief explanation should be given if in the appraiser's judgment no adjustment to the sale(s) is necessary.<br /> <br /> ::Conclusion-Overall Unit Value of Land: $ ________________<br /> <br /> '''B. Analysis of Value of Land Acquired (if different from overall value)'''<br /> <br /> In a Value Finding appraisal, if the unit value of the area acquired is different from the overall unit value of the entirety it must be supported by a sale comparable to the acquisition and explanation must be given why the estimated unit value of the acquisition area is different. The same procedure for adjustments as outlined above applies to the sale(s) used to analyze the unit value of the acquisition.<br /> <br /> ::Conclusion-Unit Value of Land Acquired: $ _____________<br /> <br /> '''C. Analysis of Value of Improvements, Fixtures and Personalty in the Acquisition'''<br /> <br /> In a Value Finding appraisal, the appraiser may estimate the contributory value of any acquired improvement having a value of $25,000 or less. Improvements with a value over $25,000 may be valued by The Cost Less Depreciation approach with cost sources, calculations and depreciation rates shown, or by a method set out in the Scope of Assignment, or [[#136.8.6.3.1.9B Cost Approach Before Acquisition|EPG 136.8.6.3.1.9B Cost Approach Before Acquisition]].<br /> <br /> Depreciation may be estimated by observed condition or age life methods. Market data supporting improvement value and/or depreciation estimates may be included. <br /> <br /> Value of each improvement, its ownership and the total value of improvements acquired shall be shown. Also see [[#136.8.6.3.1.20D Other Appraisal Considerations|EPG 136.8.6.3.1.20D Other Appraisal Considerations]].<br /> <br /> ::Conclusion-Estimated Value of Improvements Fixtures and Personalty Acquired: $___________<br /> <br /> '''D. Analysis of Damage to the Remainder'''<br /> <br /> In the Value Finding format, rationale for conclusion of damage to remainder due to easements or other damage shall be explained. Description of temporary and permanent easements should include the use and anticipated duration of that use. <br /> <br /> Losses to remainder value may result from limitation of direct access, proximity of the proposed boundary line to improvements, severance, reduction in size of remainder, configuration of remainder, change in grade, and other effects of acquisition. Losses of this nature may be estimated by the appraiser without the benefit of sales data or other supporting evidence provided an estimate for any one given loss does not exceed $25,000, but in all cases rationale must be reasonable and fully explained. Consequential damage due to more than one of the above factors may suggest that the standard appraisal format should be used. <br /> <br /> Cost to cure items may include wells and water systems, septic or sewer systems, waterways, terraces, fencing for proposed boundary lines along relocated highways, etc. Costs for such items shall be based on contractor estimates or other appropriate cost sources. Value of each cost to cure item and the total shall be shown. The costs of cost to cure elements, documented in the same manner that would be applied in a Standard Format, are not included in this limitation of damages in this Value Finding format. <br /> <br /> The estimated cost to move a building improvement shall not be used as a measure of consequential damage in the Value Finding format, unless authorized in the Scope of Assignment. See [[#136.8.6.3.1.20D.10 Moving Improvements as a Measure of Damage|EPG 136.8.6.3.1.20D.10 Moving Improvements as a Measure of Damage]].<br /> <br /> ::Conclusion-Estimated Damage to Remainder: $___________<br /> <br /> '''E. Other Appraisal Considerations''' <br /> <br /> Methods and directions for addressing other property elements are set out in [[#136.8.6.3.1.20D Other Appraisal Considerations|EPG 136.8.6.3.1.20D Other Appraisal Considerations]]. <br /> <br /> =====11. Estimate of Total Just Compensation=====<br /> <br /> The Before Value Estimate shall include the value of land and all improvements including outdoor advertising structures. Contributory values of unaffected improvements may be estimated.<br /> <br /> :Total Before Value Estimate: $ ________________<br /> <br /> :After Value Estimate: $ ________________<br /> <br /> :Indicated Just Compensation Due to Acquisition: $ ________________<br /> <br /> =====12. Allocation of Just Compensation=====<br /> <br /> The appraiser shall offer an opinion of reasonable allocation of the estimate of just compensation between realty acquired and damages, if any, to the remainder. This policy shall apply to the interests of both fee holders and tenants who own improvements.<br /> <br /> '''A. Allocation of Fee Holder’s Interest'''<br /> <br /> :1. Land Acquired: $ ________________<br /> <br /> :2. Improvements, Fixtures and Personalty: $ ________________<br /> <br /> :Improvements or structures within the new acquisition and/or easement areas shall be identified, with a separate value shown for each. Fence acquired in a strip acquisition shall be included as an improvement acquired.<br /> <br /> :3. Total Land and Improvements Fixtures and Personalty: $ __________<br /> <br /> :4. Damages to the Remainder: $ __________<br /> <br /> Damages to the remainder including permanent and temporary easements shall be identified and individually valued and their values combined to a total. Losses caused by temporary borrow pits must be set apart from other damages. Fencing required as a cost to cure due to road realignment, temporary fencing, etc., shall be included as a damage to the remainder.<br /> <br /> :5. Total Just Compensation Due Fee Holder: $ __________<br /> <br /> '''B. Allocation of the Tenant Owner’s Interest'''<br /> <br /> :1. Tenant Owned Improvements Fixtures and Personalty:<br /> <br /> ::_________________ $ ________________<br /> ::_________________ $ ________________<br /> <br /> Identify each tenant owned improvement within the new acquisition and/or easement area and estimate its value. Use the greater of its contributory value or value for removal (salvage value).<br /> <br /> :2. Damage to Tenant Owned Improvements Fixtures and Personalty:<br /> <br /> ::_________________ $ ________________<br /> ::_________________ $ ________________<br /> <br /> Identify and show a value loss, if any, for each tenant owned improvement lying outside the acquired area.<br /> <br /> :3. Leasehold Interest: $ __________<br /> <br /> Calculate value of leasehold Interest, if any, should the lease be extinguished or rendered valueless by the acquisition.<br /> <br /> :4. Total Just Compensation Due Tenant-Owner: $ __________<br /> <br /> =====13. Uneconomic Remnant=====<br /> <br /> See [[#136.8.6.3.1.17 Uneconomic Remnant|EPG 136.8.6.3.1.17 Uneconomic Remnant]] for instructions on Uneconomic Remnant.<br /> <br /> Area __________________ @ $ ____________ = $ ________________<br /> <br /> =====14. Salvage Value===== <br /> <br /> See [[#136.8.6.3.1.18 Salvage Value|EPG 136.8.6.3.1.18 Salvage Value]] for instructions on Salvage Value.<br /> <br /> Improvement _________________ Salvage Value $_________________<br /> <br /> Improvement _________________ Salvage Value $_________________<br /> <br /> :Total Salvage Value $_________________<br /> <br /> =====15. Required Attachments=====<br /> <br /> See [[#136.8.6.3.1.19 Required Attachments|EPG 136.8.6.3.1.19 Required Attachments]].<br /> <br /> ===136.8.6.3.3 Waiver Valuation===<br /> <br /> The purpose of the appraisal waiver provision is to provide a technique to avoid the costs and time delay associated with appraisal requirements for low-value, non-complex acquisitions. The intent is that non-appraisers and appraisers in training may make waiver valuations. The preparer of the Scope of Assignment makes a determination to use the waiver valuation. <br /> <br /> Waiver valuations are not appraisals as defined by the Uniform Act and [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid=636c029cc9dc07b1b1485f4378da31ee&amp;c=ecfr&amp;tpl=/ecfrbrowse/Title49/49tab_02.tpl 49 CFR 24 102 (c)], therefore appraisal performance requirements or standards, regardless of their source, are not required for waiver valuations. Since waiver valuations are not appraisals, neither is there a requirement for an appraisal review. The definition of &quot;appraisal&quot; in the Uniform Act and appraisal waiver provisions of the Uniform Act and 49 CFR are federal law and public policy and should be considered as such when determining the impact of appraisal requirements levied by others, including USPAP. <br /> <br /> Use of the Waiver Valuation is allowed when the acquisition is simple and $25,000 or less. Fence re-establishment costs, whether improvement acquired or allocated to damages, may be excluded from this limit. No other cost to cure elements may be excluded from the limit.<br /> <br /> Limitations to the intended use of the Waiver Valuation include: <br /> <br /> :* land value is easily determined, <br /> <br /> :* only nominal structural improvements are acquired, <br /> <br /> :* only nominal access rights are acquired<br /> <br /> :* other than fence, costs to cure cannot make the total compensation exceed $25,000<br /> <br /> :* there are no apparent damages to the remainder – other than simple easements, access rights of nominal impact and creation of nominal uneconomic remnants <br /> <br /> An agency official must establish just compensation to offer the property owner which is accomplished by the valuer’s signature and co-signature by a designated agency official. <br /> <br /> The same person may perform both the value estimate and negotiation functions. Although the Right of Way representative must contact the owner, an invitation to accompany the representative during the property inspection for valuation purposes is not required. <br /> <br /> This article provides guidance and format for a Payment Estimate waiver valuation. Other waiver valuation formats may be developed by Districts to accommodate management style and project type. Development of alternative waiver valuation formats other than the Payment Estimate requires the approval of Right of Way. <br /> <br /> '''Payment Estimate Instructions'''<br /> <br /> Use of the Payment Estimate, [https://epg.modot.org/forms/RW/LPA%20Links/Waiver%20Valuation%20Payment%20Estimate%20Form%20136.8.34.docx Form 136.8.34], is allowed when the acquisition is simple and the value of the acquisition is $25,000 or less. Fence re-establishment costs, may be excluded from this limit. No other cost to cure elements may be excluded from the $25,000 limit. The same person may perform both the value estimation and negotiation functions if the value estimate is less than $25,000.<br /> <br /> The following sample format will be adequate for most applications, but may be expanded to include space for uneconomic remnants, etc. when required.<br /> <br /> '''Use of Nominal Equal Payments to Assign Just Compensation with the Waiver Valuation'''<br /> <br /> Districts may establish categories of extremely simple and nominal acquisitions, like temporary driveway connection easements, and assign nominal equal compensation for those categories. The compensation must be greater than the conclusion of a valuation assignment or other calculation of the compensation, if one were done. These nominal equal payments may be included in Waiver Valuations for parcels with additional types of acquisitions or may be established as the Just Compensation if it is the only acquisition on given parcels. <br /> <br /> &lt;center&gt;LOCAL PUBLIC AGENCY<br /> PAYMENT ESTIMATE - WAIVER VALUATION&lt;/center&gt;<br /> <br /> See [[#136.8.6.3.1 Standard Appraisal Format|EPG 136.8.6.3.1 Standard Appraisal Format]] for the standard identification block.<br /> <br /> =====1. Owner and Tenant Owner=====<br /> <br /> Identify owner and tenant owner by address, phone number, etc. <br /> <br /> For a Waiver Valuation, the property owner and tenant owner must be contacted and the contact documented in the valuer’s work file. Personal contact is preferred, however, when time or other limitations make this impractical, contact by telephone or mail is permitted. The valuer should inform the property owner and tenant owner as to the nature of the acquisition and that a written offer showing the amount of damages will be delivered by Agency Right of Way personnel or by mail. <br /> <br /> In the Waiver Valuation, an invitation to accompany the Right of Way representative during the property inspection is not required. A copy of the agency’s right of way brochure should be provided the property owner by the person making the initial contact. If the contact is by telephone, the brochure should be mailed.<br /> <br /> =====2. Identification of the Property=====<br /> <br /> See [[#136.8.6.3.1.5 Identification of the Property|EPG 136.8.6.3.1.5 Identification of the Property]] for instructions on Identification of the Property. <br /> <br /> =====3. Description of Acquisition=====<br /> <br /> Briefly describe the acquisition. In the waiver valuation, affects on the remainder are limited to easements and nominal damage elements.<br /> <br /> =====4. Basis for Value=====<br /> <br /> Valuer shall cite one or more vacant land sales. Explanation of values of easements, nominal improvement, costs to cure, etc. should be addressed here. <br /> <br /> =====5. Summary=====<br /> <br /> ::Value of Land Acquired: $ _______________<br /> <br /> ::Value of improvements, fixtures or personalty to be acquired:<br /> <br /> :::Fee owner (Salvage Value $_________) $ _______________<br /> <br /> :::Tenant owner (Salvage Value $______) $ _______________<br /> <br /> ::Damages to the Remainder:<br /> <br /> :::Permanent Easement:<br /> <br /> :::_____________(area) @ $ _______ = $ _______________<br /> <br /> :::Temporary Easement:<br /> <br /> :::_____________(area) @ $ _______ = $ _______________<br /> <br /> :::Other Damages: ___________________ $ _______________<br /> <br /> :::Sub-total: $25,000 limit $________________<br /> <br /> :::Fencing: _________l.f. @ $______ /(l.f.) $ _______________<br /> <br /> ::::: _________l.f. @ $______ /(l.f.) $ _______________<br /> <br /> :::Total Fencing: $ _______________<br /> <br /> <br /> :::Total Just Compensation $ _______________<br /> <br /> :::Uneconomic Remnant $ _______________<br /> <br /> The assignment of value of a nominal uneconomic remnant created by an acquisition that fits the criteria and limitations of a Waiver Valuation may be assigned in this format.<br /> <br /> =====6. USPAP Compliance Statement=====<br /> <br /> The valuer shall include in the waiver valuation report the following statement.<br /> <br /> :'''USPAP Compliance Statement:''' This waiver valuation was prepared according to the agreement/assignment from the agency. The intended use of the waiver valuation is for eminent domain related acquisition and the agency is the only intended user (except as indicated above). The agency bears responsibility for agreement/assignment requirements that meet its needs and therefore are not misleading. In combination with the Scope of Assignment and administrative approval function, all waiver valuation reports assigned by the agency identify the problem to be solved, determine the scope of work necessary to solve the problem and correctly complete research and analysis necessary to produce a credible waiver valuation and are therefore in compliance with USPAP Standard 1. In that the agency is the only intended user of the report and others may only be provided copies for informational purposes, the agency has determined that reports prepared in conformance with these procedures fulfill the agency’s needs. <br /> <br /> Prepared by: ________________________________ <br /> <br /> Approved for Just Compensation by: ____________________________ <br /> <br /> The preparer and a designated agency official are required to sign the report constituting approval of just compensation by an agency official.<br /> <br /> '''Required Attachments:'''<br /> :Site Plan<br /> :Photograph of Acquisition Area<br /> :Comparable Sale or Other Value Support<br /> <br /> '''Optional Attachments:'''<br /> :Cover letters<br /> :Tables of Contents<br /> :Qualifications<br /> :Engagement Letter or Notice to Proceed<br /> <br /> ===136.8.6.3.4 Uniform Residential Appraisal Report (URAR) and Addendum===<br /> <br /> The instructions for the Standard Appraisal Format, [[#136.8.6.3.1 Standard Appraisal Format|EPG 136.8.6.3.1 Standard Appraisal Format]], are the source for general appraisal guidance on all the formats. The following instructions are specific to the URAR Appraisal Format.<br /> <br /> Use of the [https://epg.modot.org/forms/RW/LPA%20Links/Uniform%20Residential%20Appraisal%20Report%20Form%20136.8.32.docx URAR, Form 136.8.32], must be authorized by the approved Scope of Assignment and will be primarily intended for valuations for the acquisition of single-family residentially improved tracts that are total acquisitions or where the only remainder is a nominal uneconomic remnant. Applicability is restricted to situations in which the residential improvements clearly represent highest and best use.<br /> <br /> The appraiser shall adhere to the following instructions. The appraisal may be on a preprinted or computer-generated URAR form of a version currently used in appraisal practice. ''Harrison's Illustrated Guide to the Uniform Residential Appraisal Report'' may be used as an instruction for proper completion of the URAR, for items not specified in these instructions.<br /> <br /> There are a number of ownership items and appraisal problems frequently encountered in valuing acquisitions for transportation purposes, on which policies have been established by case law, management decision and precedent. These policies apply to all appraisal formats and are set out in [[#136.8.6.3.1.20D Other Appraisal Considerations|EPG 136.8.6.3.1.20D Other Appraisal Considerations]].<br /> <br /> &lt;center&gt;LOCAL PUBLIC AGENCY<br /> <br /> UNIFORM RESIDENTIAL APPRAISAL REPORT AND ADDENDUM&lt;/center&gt;<br /> <br /> See [[#136.8.6.3.1 Standard Appraisal Format|EPG 136.8.6.3.1 Standard Appraisal Format]] for the standard identification block. <br /> <br /> =====1. Owner and Tenant Owner=====<br /> <br /> Identify owner and tenant owner by address, phone number, etc.<br /> <br /> =====2. Purpose of Appraisal=====<br /> <br /> See [[#136.8.6.3.1.2 Purpose of Appraisal|EPG 136.8.6.3.1.2 Purpose of Appraisal]] for instructions on Purpose of Appraisal.<br /> <br /> =====3. Interest Appraised===== <br /> <br /> See [[#136.8.6.3.1.3 Interest Appraised|EPG 136.8.6.3.1.3 Interest Appraised]] for instructions for Interest Appraised.<br /> <br /> =====4. Scope of Work=====<br /> <br /> See [[#136.8.6.3.1.4 Scope of Work|EPG 136.8.6.3.1.4 Scope of Work]] for instructions for Scope of Work.<br /> <br /> The Scope of Work for a URAR Appraisal Format is the same as that of a Standard Appraisal Format. However, due to the standardization and familiarity of the appraiser and the owner with appraisal of single-family homes, the required reporting level is reduced in the URAR report. <br /> <br /> =====5. Identification of the Property=====<br /> <br /> See [[#136.8.6.3.1.5 Identification of the Property|EPG 136.8.6.3.1.5 Identification of the Property]] for instructions for Identification of the Property.<br /> <br /> =====6. History of the Property=====<br /> <br /> See [[#136.8.6.3.1.6 History of the Property|EPG 136.8.6.3.1.6 History of the Property]] for instructions on History of the Property. <br /> <br /> =====7. Description of Property Before Acquisition=====<br /> <br /> See [[#136.8.6.3.1.7 Description of Property Before Acquisition|EPG 136.8.6.3.1.7 Description of Property Before Acquisition]] for description of property before acquisition. For the URAR, only those elements that are not identified on the URAR valuation form need to be addressed here. <br /> <br /> '''A. Zoning'''<br /> <br /> :* Code<br /> <br /> :* Category <br /> <br /> :* Compliance<br /> <br /> :* None<br /> <br /> '''B. Land'''<br /> <br /> See [[#136.8.6.3.1.7B Land|EPG 136.8.6.3.1.7B Land]] for instructions on land description.<br /> <br /> :* Access Before Acquisition: <br /> <br /> :* Utilities In Use Before Acquisition:<br /> <br /> :* Utilities Available Before Acquisition:<br /> <br /> '''C. Fee Owned Improvements, Fixtures and Personalty'''<br /> <br /> See [[#136.8.6.3.1.7C Fee Owned Improvements, Fixtures and Personalty|EPG 136.8.6.3.1.7C Fee Owned Improvements, Fixtures and Personalty]], [[#136.8.6.3.1.7D Tenant Owned Improvements, Fixtures and Personalty|EPG 136.8.6.3.1.7D Tenant Owned Improvements, Fixtures and Personalty]] and [[#136.8.6.3.1.20D.12 Personalty and Fixtures|EPG 136.8.6.3.1.20D.12 Personalty and Fixtures]] for instructions on Fee Owned Improvements, Fixtures and Personalty.<br /> <br /> '''D. Tenant Owned Improvements, Fixtures and Personalty'''<br /> <br /> See [[#136.8.6.3.1.7C Fee Owned Improvements, Fixtures and Personalty|EPG 136.8.6.3.1.7C Fee Owned Improvements, Fixtures and Personalty]], [[#136.8.6.3.1.7D Tenant Owned Improvements, Fixtures and Personalty|EPG 136.8.6.3.1.7D Tenant Owned Improvements, Fixtures and Personalty]] and [[#136.8.6.3.1.20D.12 Personalty and Fixtures|EPG 136.8.6.3.1.20D.12 Personalty and Fixtures]] for instructions on Tenant Owned Improvements, Fixtures and Personalty.<br /> <br /> A sign, billboard or other property owned by others, which the Fee Holder does not have a right or obligation to remove, must be identified and valued separately. See [[#136.8.6.3.1.20D.2 Billboard Valuation|EPG 136.8.6.3.1.20D.2 Billboard Valuation]].<br /> <br /> '''E. Other Appraisal Considerations'''<br /> <br /> See [[#136.8.6.3.1.7E Other Appraisal Considerations|EPG 136.8.6.3.1.7E Other Appraisal Considerations]] and [[#136.8.6.3.1.11 Description of Property After Acquisition|EPG 136.8.6.3.1.11 Description of Property After Acquisition]] for instructions on Other Appraisal Considerations.<br /> <br /> =====8. Estimate of Total Just Compensation=====<br /> <br /> For the URAR format, attach a narrative explanation of the comparison of each comparable sale with the appraised property, and the adjustments implemented for each significant element of difference affecting value. An explanation shall be offered for each individual adjustment. Differences may be measured by either dollars or percentage.<br /> <br /> :Estimated Value Before Acquisition: $______________<br /> <br /> :Estimated Value After Acquisition: $______________<br /> <br /> :Indicated Just Compensation Due to Acquisition: $______________<br /> <br /> =====9. Allocation of Just Compensation=====<br /> <br /> :A. Fee Holder's Interest:<br /> <br /> ::1. Land Acquired: $______________<br /> <br /> ::2. Improvements, Fixtures and Personalty: $______________<br /> <br /> ::3. Total Land and Improvements, Fixtures and Personalty: $______________<br /> <br /> ::4. Damages to the Remainder: $______________<br /> <br /> ::5. Total Just Compensation Due Fee Holder: $______________<br /> <br /> :B. Tenant Owner's Interest:<br /> <br /> ::1. Tenant Owned Improvements, Fixtures and Personalty: $______________<br /> <br /> ::2. Damage to Tenant Owned Improvements, Fixtures and Personalty: $______________<br /> <br /> ::3. Leasehold Interest: $______________<br /> <br /> ::4. Total Just Compensation Due Tenant Owner: $______________<br /> <br /> =====10. Uneconomic Remnant=====<br /> <br /> See [[#136.8.6.3.1.17 Uneconomic Remnant|EPG 136.8.6.3.1.17 Uneconomic Remnant]] for instructions on Uneconomic Remnant.<br /> <br /> :Area ________________________ @ $__________________ = $_____________<br /> <br /> =====11. Salvage Value=====<br /> <br /> See [[#136.8.6.3.1.18 Salvage Value|EPG 136.8.6.3.1.18 Salvage Value]] for instructions on Salvage Value.<br /> <br /> :Improvement ______________________ Salvage Value $______________<br /> <br /> :Improvement ______________________ Salvage Value $______________<br /> <br /> ::Total Salvage Value $______________<br /> <br /> '''Required Attachments'''<br /> <br /> :* URAR Form<br /> :* Contingent and Limiting Conditions, [https://epg.modot.org/forms/RW/LPA%20Links/Assumptions%20and%20Limiting%20Conditions%20Form%20136.8.6.docx Assumptions and Limiting Conditions Form 136.8.6]<br /> :* Certificate of Appraiser, [https://epg.modot.org/forms/RW/LPA%20Links/Certificate%20of%20Appraiser%20Form%20136.8.7.docx Certificate of Appraiser Form 136.8.7]<br /> :* Site Plan<br /> :* Photographs<br /> :* Floor Plans of Acquired Residential Units and Structures with Internal Walls <br /> :* Comparable Sales and Map<br /> :* URAR Form<br /> <br /> '''Optional Attachments'''<br /> <br /> :*Cover letters<br /> :*Tables of Contents<br /> :*Appraiser Qualifications<br /> :*Engagement Letter or Notice to Proceed<br /> :*Legal Instructions, if any shall be retained in the appraiser’s work file and not attached to valuation reports.<br /> <br /> ===136.8.6.3.5 Instructions for Preparing Sale Forms=== <br /> <br /> Appraisers shall incorporate within the appraisal reports adequate sales and other supporting data to relay the necessary comparative information, by attachment of the sale data sheets, [https://epg.modot.org/forms/RW/LPA%20Links/Nonresidential%20Sale%20Form%20136.8.16.docx Nonresidential Sale (Form 136.8.16)] and [https://epg.modot.org/forms/RW/LPA%20Links/Residential%20Sale%20Form%20136.8.23.docx Residential Sale (Form 136.8.23)]. <br /> <br /> The purpose of the sale forms is to provide sufficiently detailed information about transactions and the properties involved to allow the appraiser to make comparisons and value judgments, and to allow a reader to follow the reasoning and validate the comparisons. The forms provide blanks to be completed with information that tends to be common to all sales, but seldom are the completed blanks sufficient to furnish all information that should be included. Judgment from the appraiser is required even in this. Those significant characteristics of the sale property, and important details of the transactions should be included whether or not a specific blank is provided for the information. <br /> <br /> Use of sales that have improvements located on them as vacant land sales, when it has been confirmed that those improvements did not contribute to value, is acceptable provided that during the course of time that the sale is being relied upon, those improvements have not been rehabilitated for renewed use. Once it becomes apparent that an improvement, formerly concluded to have no contributory value, has been put back into productive use, a sale written to the contrary has lost much of its credibility and is not to be used as a comparable for land valuation.<br /> <br /> The [https://epg.modot.org/forms/RW/LPA%20Links/Certificate%20of%20Appraiser%20Form%20136.8.7.docx Certificate of Appraiser Form 136.8.7] indicates that an appraiser has inspected all sales considered in the valuation process; therefore, subsequent inspections by other appraisers need not be identified on the forms. It is recommended that for future court testimony, that each appraiser makes a personal record of the sale inspections in regard to each property appraised.<br /> <br /> ====136.8.6.3.5.1 [https://epg.modot.org/forms/RW/LPA%20Links/Nonresidential%20Sale%20Form%20136.8.16.docx Nonresidential Sale Form 136.8.16]====<br /> <br /> Sale Form 136.8.16 is for reporting sales of all vacant or improved properties other than improved single-family residential properties, or where residential improvements do not represent the highest and best use.<br /> <br /> '''Completion of The Sale Form Entries'''<br /> <br /> '''Selling Price:''' This entry should reflect the total selling price of the property, including land and all improvements, if any. If the price was confirmed in another manner or if other information about the sale price was revealed, a full explanation should be included elsewhere on the form. <br /> <br /> '''Unit Price:''' Indicate the entire selling price including all land and/or land and improvements, divided by the site area, gross living area above ground level (for residential improvements), or gross building area of the main improvement, or explain if the amount was calculated in another method. <br /> <br /> On the Nonresidential Sale Form 136.8.16, indicate whether the price was confirmed as a price per unit or a total price. <br /> <br /> '''Type of Transaction:''' Entries in this field should describe the relationship of the buyer and seller. Any entry other than &quot;Open Market&quot; must be fully explained.<br /> <br /> '''Financing:''' If financed by a lender with a conventional loan, the word Conventional will satisfy this requirement. If seller-financed or if there is concessional financing of any kind, the rate and terms should be included. If other than Conventional, the form must report the type of instrument and terms known, and show calculations for the cash equivalent sale price, with indicated adjustment shown in the Financing Concession field of the Property Description Section.<br /> <br /> Cash Equivalency must be calculated and used in direct comparison with subjects. Situations that may require cash equivalency adjustments include: mortgage assumptions at favorable rates, mortgage buy-downs, installment sale contracts, wraparound loans, points paid by seller, seller-financed loans, etc. <br /> <br /> '''Site Dimensions:''' In regularly shaped parcels, the dimensions can be expressed as &quot;width X depth&quot;. When appropriate, the average width by the average depth is acceptable. A line drawing of the perimeter of the property may be necessary to fully communicate an understanding of the property layout.<br /> <br /> '''Site Area:'''<br /> <br /> '''Building Area:'''<br /> <br /> '''Zoning:''' The code and category of zoning as of the date of sale should be stated (for example, C-2 Commercial District). If the property is nonconforming with the zoning, this should be explained in the text of the sale form. If closing of the sale was contingent upon a different zoning being granted, this entry should reflect the contingent zoning and the body of the sale should include an explanation of the circumstances surrounding the zoning change. Special zoning provisions or restrictions should be noted, such as minimum lot size or number of developed units allowed. <br /> <br /> '''Zoning Compliance:''' Either state yes, or explain noncompliance. <br /> <br /> '''Highest and Best Use:''' The following standardized entries should be used: Single-family Residential; Multi-family Residential; Commercial; Industrial or Agricultural. Standardization of broad categories of use under these headings facilitates data base entry and search functions. Frequently additional explanation of highest and best use in the text of the sale will be warranted. <br /> <br /> '''Utilities In Use (At Time Of Sale):''' State what utilities are on site. &quot;All available&quot; or &quot;All in place&quot; are not acceptable entries. The use of initials, W, E, G, S as abbreviations for publicly provided water, electricity, natural gas, and sanitary sewer is suggested. Use of Deep Well, Shallow Well, and Septic is suggested for privately provided utilities that are in use on the property. <br /> <br /> '''Utilities Available (At Time Of Sale):''' If a utility is not on the property but is close, or is available but not connected, state what is actually on the property as of the date of sale and explain in the depth that the circumstances demand. <br /> <br /> '''Access (At Time of Sale):''' Report legal and physical points of access and entrances. Legal access represents a deeded or permitted access point to a property. Physical access merely reflects the presence of existing entrances, which may or may not be legal. <br /> <br /> '''Identification of the Realty:''' Location information should be adequate to assist the reader in driving to the property<br /> <br /> The real estate involved in the sale can be identified by an abbreviated property description, address, map reference, copy of a survey or map, property sketch and/or photographs or the like. Lengthy property descriptions should not be reiterated within the sale form, but rather copies of the title report or last deed of record should be reviewed by the appraiser and retained in the appraiser’s work file and or district sales data files.<br /> <br /> A property description does not need to repeat the actual description on the deed, but must provide enough data to allow the reader to regenerate the perimeter of the property. If subdivision land, provide a cut or tracing of the subdivision plat or a drawing to allow subsequent users of the form to locate the lot. <br /> <br /> Inclusion of a copy of the transfer document (e.g., deed, contract) in the report is neither required nor desirable, unless there is something in the document that is unusual or particularly revealing.<br /> <br /> '''Sale Verification:''' All comparable sales used shall be confirmed by the buyer, seller, broker or other person having knowledge of the price, terms, and conditions of sale. This form and its contents may be used by various appraisers, without further verification subsequent to its original verification, providing the appraiser using the form also inspects the sale premises. Subsequent users of the sale assume responsibility for the correctness of information presented on the Sale Form. Telephone numbers of verifying parties are very desirable. Signature of verifying appraiser is not required.<br /> <br /> If confidential data is included with a sale confirmation, that sale information must be handled in a manner that the confidentiality is not violated. <br /> <br /> In this section of the sale forms, include name of verifying appraiser and confirming party, company (if Realtor, lender, etc.) and position in company (broker, loan officer, agent etc.) If confirmation is by other than the buyer, seller, lender or real estate agent, identify relationship to the transaction. Values reported as a public record (example: Certification of Value in Metropolitan St. Louis and Jackson County) and MLS information are not acceptable without further verification. <br /> <br /> It is the intention of this requirement that enough information be provided that the verification can be repeated for purposes of court testimony or review. For trial purposes, a party to the transaction could be interpreted differently. In this case, consult with legal staff for specific requirements. Any person testifying about the facts of the sale may be required to personally verify those facts. <br /> <br /> '''Map Number:''' Map identification numbers in common local use may be entered as appropriate.<br /> <br /> '''Property Description:''' On the Nonresidential Sale Form 136.8.16, indicate by subparagraphs description of land, description and type of improvements, if any, and any other data pertinent to analysis. Attach additional sheets if necessary.<br /> <br /> Physical characteristics should be adequately explained to make comparison with those characteristics of subject properties being appraised. For analysis and valuation of properties subject to partial acquisitions, it is particularly important to note unusual features in sales, like building setback, frontage, depth, shape, access, entrances, etc.<br /> <br /> ====136.8.6.3.5.2 [https://epg.modot.org/forms/RW/LPA%20Links/Residential%20Sale%20Form%20136.8.23.docx Residential Sale Form 136.8.23]====<br /> <br /> Sale Form 136.8.6.3.5B is used for reporting sales of improved single- family residential property, and the entry fields correspond with the URAR form as much as possible.<br /> <br /> '''Property Description:''' On Form 136.8.6.3.5.B, the RESIDENTIAL SALE FORM, the physical items of this section of the form are arranged in the order of the URAR form. Physical characteristics should be adequately explained to make comparison with those characteristics of subject properties being appraised. <br /> <br /> '''Quality of Location:''' This entry should reflect the quality of location in factual terms. (Typical street, Dead-end road, Gravel road, Corner, etc.) Subjective terms (good, poor) might be used in addition to the factual data. <br /> <br /> '''Site/View:''' The appraiser should indicate such site factors as size, shape, topography, drainage, encroachments, easements, view, landscaping, driveway, flood hazard, or any detrimental or unusually positive site conditions. For analysis and valuation of properties subject to partial acquisitions, it is particularly important to note unusual features in sales, like building setback, frontage, depth, shape, access and entrances.<br /> <br /> '''Design (Style):''' Indicate the style of construction (ranch, bungalow, etc.). Also indicate such aspects as appeal of exterior design, interior attractiveness, special features, and any other characteristics that would make the property attractive or unattractive to purchasers and otherwise enhance or detract from its overall marketability. During the confirmation the appraiser should attempt to ascertain the above items.<br /> <br /> '''Quality of Construction:''' An overall quality rating should consider the quality of materials and workmanship used in all components of the building.<br /> <br /> '''Age:''' Indicate the estimated or actual age of the dwelling, at the time of sale. If a dwelling has been substantially modernized or upgraded, the effective age may also be indicated. Effective age estimation will require a comment describing the basis for assignment and the degree of modernization.<br /> <br /> '''Condition:''' Indicate &quot;good&quot;, &quot;average&quot;, &quot;fair&quot; or &quot;poor&quot;. For purposes of comparison with subjects, items of curable and incurable deterioration are the sensitive elements in this consideration. <br /> <br /> '''Basement/Finish:''' The appraiser should report basement improvements such as finished rooms and recreation rooms found in the sale. If there is no basement or only a partial basement, this should be indicated.<br /> <br /> '''Functional Utility:''' This entry relates to the efficiency of a building's use and reflects such factors as layout, room size, and general livability. Trends in single-family home construction sometimes determine whether residences have such items as porches, balconies, fireplaces, separate dining rooms, large kitchens, entry halls, and family rooms. Standards for dwellings also vary widely with regard to income level of prospective tenants and location. When judging the functional utility of residential buildings, the appraiser should attempt to interpret the reaction of typical purchasers in the specific market area. <br /> <br /> '''Heating / Cooling:'''<br /> <br /> '''Energy Efficient Items:'''<br /> <br /> '''Garage / Carport:'''<br /> <br /> '''Porch / Patio / Deck:'''<br /> <br /> '''Other - kitchen equipment and remodeling:''' All kitchen equipment must be itemized. <br /> <br /> ====136.8.6.3.5.3 [https://epg.modot.org/forms/RW/LPA%20Links/Comparable%20Lease%20Form%20136.8.9.docx Comparable Lease Form 136.8.9]====<br /> <br /> Form 136.8.9 is provided for the reporting of comparable leases.<br /> <br /> ====136.8.6.3.5.4 Optional Sale Forms From Fee Appraisers====<br /> <br /> To accommodate the efficient use of various fee appraisers’ sale databases, sale write-ups of other formats can be accepted. It is up to the agency official or other reviewer to accept, reject or request supplemental information regarding other sale forms. <br /> <br /> ===136.8.6.3.6 Access Rights Valuation===<br /> <br /> Appraisals of access rights will be made in conformity with the appropriate state laws, regulations and policies and procedures for acquisition and disposal of property set out in this article. Refer to [http://www.moga.mo.gov/const/A04029.HTM Article IV, Section 29 of the Missouri Constitution]. For more information regarding access, see [[:Category:940 Access Management|EPG 940 Access Management]].<br /> <br /> The Scope of Assignment will identify the anticipated minimum requirements for the appraisal format to be prepared, based on the anticipated value or complexity of the access rights to be valued.<br /> <br /> ===136.8.6.3.7 Other Agency Valuations===<br /> <br /> The Department of the Interior, the Missouri Department of Natural Resources, and some other agencies adhere to the ''Uniform Appraisal Standards for Federal Land Acquisitions'' (UASFLA) while MoDOT instructions, approved by the Federal Highway Administration (FHWA), use the UASFLA as a guide. The Scope of Assignment preparer or the appraiser will need to determine the other agency’s requirements. <br /> <br /> The following instructions outline the items different from, or in excess of the MoDOT's instructions, which are required when doing appraisals for these or other agencies. This is only a general outline. Appraisals will be reviewed in the typical process using [https://epg.modot.org/forms/RW/LPA%20Links/Appraisal%20Review%20Form%20136.8.5.docx Form 136.8.5] and [https://epg.modot.org/forms/RW/LPA%20Links/Adj%20of%20Value%20or%20Just%20Compensation%20Form%20136.8.2.docx Form 136.8.2]. <br /> <br /> See the [http://www.usdoj.gov/enrd/land-ack/yb2001.pdf FHWA website] for current requirements and guidance.<br /> <br /> ===136.8.6.3.8 Airport Valuation=== <br /> <br /> Appraisals for airport projects and contracting to perform such services are under the specific guidelines of the [http://www.faa.gov/airports/aip/ FAA Order 5100.37B ''Land Acquisition and Relocation Assistance For Airport Projects'']. <br /> <br /> These instructions are addressed to those staff and fee appraisers preparing and reviewing appraisals of partial and total acquisitions for airport development and expansion. Since the Appraisal portion of [[:Category:236 Right of Way|MoDOT’s Right of Way policy]] was primarily developed for acquisition of rights of way for highway projects, the terminology relates to highways. The same general appraisal principles apply to appraisals for airport projects, with the exceptions summarized here. The specific appraisal requirements are addressed in Chapter 2 of advisory circulars/150/5100-17. See [http://www.faa.gov/ http://www.faa.gov/].<br /> <br /> ====136.8.6.3.8.1 Formats Used====<br /> <br /> All Missouri Department of Transportation (MoDOT) valuation formats including Waiver Valuation may be used in valuation for airport acquisition. The same measures of complexity as discussed in [[#136.8.6.2 Scope of Assignment|EPG 136.8.6.2 Scope of Assignment]], will be applied to determine the appraisal format used. An official of the airport acquiring agency will have determined the complexity of appraisal problems prior to contracting, or assigning an appraisal and will indicate in the contract, or instructions, what formats are to be applied to the individual tract appraisals. <br /> <br /> [https://epg.modot.org/forms/RW/LPA%20Links/Assumptions%20and%20Limiting%20Conditions%20Form%20136.8.6.docx Assumptions and Limiting Conditions Form 136.8.6] and [https://epg.modot.org/forms/RW/LPA%20Links/Certificate%20of%20Appraiser%20Form%20136.8.7.docx Certificate of Appraiser Form 136.8.7] may be used in valuation for airport acquisition. <br /> <br /> ====136.8.6.3.8.2 Summary of Additional Airport Appraisal Requirements====<br /> <br /> The appraiser or waiver valuation preparer must be familiar with the additional valuation requirements specific to airport acquisition, which include but are not limited to:<br /> <br /> :* The property owner shall be invited to accompany the appraiser or Waiver Valuation preparer. <br /> <br /> :* There is no provision for separation of function for the same individual to prepare a Waiver Valuation and negotiation to acquire the property.<br /> <br /> :* There are non-compensable land costs that may be allowable for compensation under state law, that are non-compensable in acquisition for airports. <br /> <br /> :* There are specific instructions in the appraisal of avigation easements and noise avigation easements. <br /> <br /> ====136.8.6.3.8.3 MoDOT Right of Way Section's Involvement in Scope of Assignment, Administrative Review and Administrative Settlement Review====<br /> <br /> To assure quality appraisals, waiver valuations and appraisal reviews, the MoDOT Right of Way Section of Design will support the Administrator of Aviation, Multimodal Operations Division with scope of assignment considerations and administrative review. When the airport sponsor has obtained a valuation and appraisal review for airport acquisition, it shall be delivered to the Administrator of Aviation and routed to Right of Way Section for an administrative review. An administrative review is, at a minimum, a desk check of factual data and information presented in the valuation report, a determination that the report fulfills the requirements of this article, that the report addresses the special valuation considerations for valuation for airport purposes and provides a quality report with appropriate conclusions.<br /> <br /> ==136.8.6.4 LPA Appraisal Review and Approval of Just Compensation==<br /> <br /> ===136.8.6.4.1 Purpose===<br /> <br /> Appraisal review is the act or process of developing and communicating an opinion about the quality of all or part of a completed work performed by another appraiser in a real property appraisal assignment. In performing an appraisal review assignment, an appraiser acting as a reviewer must develop and report a credible opinion as to the quality of another appraiser’s work and must clearly disclose the scope of work performed in the review assignment.<br /> <br /> The purpose of this article is to establish procedures and guidelines for the review of appraisal reports and approval of just compensation. The reviewer is responsible to assure that appraisal reports comply with instructions for preparing appraisals as set out in this article, which incorporates requirements of Federal Highway Administration (FHWA), 23 CFR and 49 CFR, and USPAP, and that they conform to Scope of Assignment requirements and recommendations. <br /> <br /> Occasionally reports are to be written and reviewed in conformance to other standards such as [http://www.justice.gov/enrd/land-ack/Uniform-Appraisal-Standards.pdf Uniform Appraisal Standards for Federal Land Acquisition (UASFLA)] or Land Acquisition and Relocation Assistance for Airport Projects (see [http://www.faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.information/documentID/23049 http://www.faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.information/documentID/23049]). In these instances the reviewer is responsible to obtain the appropriate documents and follow their requirements in the review process.<br /> <br /> ===136.8.6.4.2 Assignment of Appraisal Review===<br /> <br /> Fee review appraisers are pre-qualified as reviewers on MoDOT’s Roster of Approved Contract Appraisers. Fee review appraisers recommend just compensation, which must be approved by an agency official. <br /> <br /> ===136.8.6.4.3 Review and Approval of Appraisal Reports and Waiver Valuations===<br /> <br /> Review and approval of appraisals will be accomplished on [https://epg.modot.org/forms/RW/LPA%20Links/Appraisal%20Review%20Form%20136.8.5.docx Appraisal Review and Approval of Just Compensation, Form 136.8.5], which accommodates the approval of just compensation by an agency official. <br /> <br /> Although not an appraisal and therefore not technically reviewed, a Waiver Valuation prepared by agency staff or fee appraisers, may be cosigned by an agency official to accomplish approval of just compensation. <br /> <br /> The reviewer is responsible to assure compliance with the Scope of Assignment and contract/agreement requirements. The review will verify that all appraisals are complete and correct regarding format utilized, design plans, mathematics, and [[#136.8.6.3 Valuation Formats and Instructions|EPG 136.8.6.3 Valuation Formats and Instructions]]. Appraisals must also be examined to determine consistency with other appraisals on the project, must utilize the proper number of appropriate sales, and contain appropriate exhibits. <br /> <br /> In addition to above, the reviewer has the following responsibilities:<br /> <br /> '''A.''' Field inspect each appraised parcel as well as each comparable sale used by the appraiser during the valuation process, when the acquisition and appraisal is of a complicated nature as to require an examination in the field to fully understand the appraisal problem. <br /> <br /> On limited occasions a desk review of appraisals may be permissible. The reviewer must disclose on Form 136.8.5 if only a desk review is done.<br /> <br /> '''B.''' Examine each appraisal report to determine that it:<br /> <br /> :1. Is compiled in accordance with the Department's appraisal specifications, [[#136.8.6.3 Valuation Formats and Instructions|EPG 136.8.6.3 Valuation Formats and Instructions]], or other manuals that may apply. (Example: Federal Aviation Administration or &lt;u&gt;Uniform Appraisal Standards for Federal Land Acquisition&lt;/u&gt;. See [[#136.8.6.3.7 Other Agency Valuations|EPG 136.8.6.3.7]] and [[#136.8.6.3.8 Airport Valuation|EPG 136.8.6.3.8]].<br /> <br /> :2. Is compiled in accordance with accepted appraisal principles and techniques with regard to valuation of real property.<br /> <br /> :3. Contains or makes reference to information necessary to explain, substantiate, and thereby document conclusions, estimates of value, or just compensation.<br /> <br /> :4. Offers evidence to support adjustments of comparable sales and depreciation rates, when applicable, or as may be specified within the Scope of Assignment.<br /> <br /> :5. Addresses all compensable items, damages, and special benefits, if any, and does not include compensation for items non-compensable under Missouri law. <br /> <br /> '''C.''' When reviewing multiple appraisals on the same project or in the same area, be attentive to inconsistencies in analyses and conclusions which result in widely varying estimates of just compensation for similar acquisitions and/or damages, including unit values, percentage rates for easements, etc.<br /> <br /> '''D.''' Request and obtain corrections, revisions, additions and/or clarifications to appraisal reports which do not substantially meet requirements set forth in EPG 136.8.6.3. Such corrections or revisions shall be attached to and become part of the appraisal report. Requests of an uncomplicated nature may be addressed directly to a staff or fee appraiser. Requests of a complex nature will be made in writing. <br /> <br /> '''E.''' Complete all applicable portions of Form 136.8.5, allocating compensation between appropriate elements and parties, date and sign the document, thereby establishing and/or approving an amount, in dollars, which in the opinion of the reviewer represents the estimate of value or just compensation. <br /> <br /> Such opinion will be supported by approval of the appraisal as submitted or as revised to include corrections, revisions, additions and/or clarifications requested and made part of the appraisal report. If reviewer approves a different value, support may come from data furnished in the appraisal report or be developed by the reviewer. <br /> <br /> Approval of Just Compensation on Form 136.8.5 may be subject to the future receipt of additions and clarification, which will be attached and made part of the appraisal report when received. Completion of the form should indicate what corrections; revisions additions and/or clarifications are being requested.<br /> <br /> '''F.''' If the reviewer is unable to achieve resolution of the errors or deficiencies found in an appraisal report, the Agency may authorize an additional appraisal of the parcel in question. <br /> <br /> '''G.''' The reviewer shall prepare one fully executed copy of Form 136.8.5.<br /> <br /> '''H.''' Add addenda to previously submitted reports, maintain a log of appraisal and review activity, and answer correspondence.<br /> <br /> ===136.8.6.4.4 Adjustment of Value or Just Compensation===<br /> <br /> In some instances it is necessary to effect changes in previously approved values or just compensation. Occasionally, such revisions are so insignificant it isn't justified to assign an appraiser to realign previously approved appraisals with current conditions. Under such circumstances, the reviewer may adjust the approved offer for needed revisions by completing [https://epg.modot.org/forms/RW/LPA%20Links/Adj%20of%20Value%20or%20Just%20Compensation%20Form%20136.8.2.docx Adjustment of Value or Just Compensation, Form 136.8.2]. Such changes generally necessitate a revised written offer to the owner. <br /> <br /> It is the intention of this document to provide means of correcting minor differences between previously approved amounts and prevailing conditions. Any revisions proposed by the use of Form 136.8.2 shall be of such nature that justification or support therefore may be abstracted from a previously approved appraisal reports. If there is any impact on highest and best use or any other appraisal consideration, the problem should not be handled by a Form 136.8.2.<br /> <br /> ===136.8.6.4.5 Review of Specialty Appraisal Reports for Equipment or Specialty Items=== <br /> <br /> The review of separate valuations of machinery, equipment, trade fixtures, or other specialty items, carries the following responsibilities:<br /> <br /> 1. Field inspect appraised items and then examine each appraisal report to determine that it contains:<br /> <br /> :* statement of purpose of report.<br /> <br /> :* definition of value(s) reported, i.e., in-place value, salvage value, etc.<br /> <br /> :* identification of property and its ownership of record.<br /> <br /> :* statement of appropriate contingent and limiting conditions, if any.<br /> <br /> :* identification of the value problem.<br /> <br /> :* an estimate of values.<br /> <br /> :* accepted principles and techniques for the valuation of the subject of the report.<br /> <br /> :* consideration of compensable items and that report does not include compensation for noncompensable losses.<br /> <br /> :* data and analysis to explain, substantiate, and thereby document estimate of values.<br /> <br /> :* date of inspection and effective date of value. <br /> <br /> :* route, county, project number, job number, parcel number, certification, signature and date of signature of Specialty Appraiser.<br /> <br /> :* photographs and any other necessary descriptive material.<br /> <br /> 2. Request and obtain corrections or revisions of specialty appraisal reports which do not substantially meet above criteria.<br /> <br /> =136.8.7 Acquisition=<br /> <br /> ==136.8.7.1 Negotiations to Acquire Real Property==<br /> <br /> ===136.8.7.1.1 Contact With Owners and Their Representatives===<br /> <br /> Acquisition of real property and property rights is an extremely sensitive area of activities since it involves direct personal contacts with the public. The negotiator shall make a reasonable effort to personally contact each resident property owner or the owner's designated representative. The negotiator should strive to attain rapport with the property owner, inspire confidence in the acquisition process and the fairness of the offer being made.<br /> <br /> The property owner should be provided with an explanation of the acquisition process that may be supplemented by the [[media:236 RW Leaflet.doc|LPA Right of Way Acquisition Brochure]]. A full explanation of the project should be given and how it will affect the owner's property.<br /> <br /> If no personal contact has been accomplished, certified mail of offer letters is recommended prior to condemnation.<br /> <br /> ===136.8.7.1.2 Negotiator's Report===<br /> <br /> A record of negotiations for each parcel shall be maintained by the negotiator and become a permanent part of the parcel file. The [https://epg.modot.org/forms/RW/LPA%20Links/Negotiator's%20Report%20Form%20136.8.15.docx Negotiator's Report (Form 136.8.15)] and the [https://epg.modot.org/forms/RW/LPA%20Links/Parcel%20File%20Checklist%20Form%20136.8.17.docx Parcel File Checklist (Form 136.8.17)] assist the negotiator in documenting the completion of requirements prescribed by the Uniform Act. '''''<br /> <br /> A detailed record of each contact with the owner or representative shall be completed, signed and dated by the negotiator, within a reasonable time after the contact. <br /> <br /> The information for each contact should include as a minimum the date and place of each contact, parties contacted, monetary amount of offer made, counteroffers, reasons settlement could not be reached, an explanation of the acquisition and any other pertinent data. Each contact report should be signed and dated by the negotiator preparing the report.<br /> <br /> When negotiations are unsuccessful and the negotiators consider further attempts to negotiate to be futile, they should record their recommendations for action considered appropriate.<br /> <br /> ===136.8.7.1.3 Prompt Written Offers to Owners and Tenant Owners===<br /> <br /> If donations are not possible, the LPA must make a prompt written offer to an owner, based on the full amount of just compensation indicated on the approved appraisal. If the estimated compensation for the rights to be acquired from the parcel is no more than $25,000.00, a [https://epg.modot.org/forms/RW/LPA%20Links/Waiver%20Valuation%20Payment%20Estimate%20Form%20136.8.34.docx Waiver Valuation - Payment Estimate, Form 136.8.34], may be used instead of an appraisal. For additional land and easement valuation procedures, please see [[#136.8.6.3 Valuation Formats and Instructions|EPG 136.8.6.3 Valuation Formats and Instructions]].<br /> <br /> Prompt offers dispel owner dissatisfaction and encourage confidence in the agency. Also, a delayed offer may not reflect current market conditions and cause need for revaluation. A written offer is also required in the case of a tenant that owns any of the buildings, structures or other improvements affected by the acquisition. <br /> <br /> The written offer to the property owners and tenant owners shall include, at a minimum, the following:<br /> <br /> :* The amount established as just compensation. In the case of a partial acquisition, the compensation for the real property to be acquired and for damages to remaining real property shall be separately stated.<br /> <br /> :* A description, location, identification and the interest in the real property being acquired. Attaching a copy of the proposed acquisition deed and providing a plan sheet satisfies this requirement. <br /> <br /> :* Identification of buildings, structures and other improvements (including removable buildings, equipment and trade fixtures) considered to be part of the real property to be acquired.<br /> <br /> :* Where appropriate, the statement shall identify any separately held ownership interest in the property, (example: a tenant-owned improvement) and indicate that such interest is not covered by the offer. <br /> <br /> :* A [https://epg.modot.org/forms/RW/LPA%20Links/Sample%20Letter%20Offer%20Pyment%20Estimate%20Form%20136.8.26.docx sample offer letter for use when just compensation is determined by a Payment Estimate] (Waiver Valuation) is Form 136.8.26. A [https://epg.modot.org/forms/RW/LPA%20Links/Sample%20Letter%20Offer%20Value%20Finding%20or%20Standard%20Formt%20Appraisal%20Form%20136.8.27.docx sample offer letter for use when just compensation has been determined by a Value Finding or Standard Format appraisal] is Form 136.8.27.<br /> <br /> ===136.8.7.1.4 Owner's Consideration of Offer===<br /> <br /> The owner should be given a reasonable time to consider the offer and to present information which is believed to be relevant in determining the value of the property along with suggested modification in the proposed terms and conditions of the purchase. The acquiring agency must consider the owner's counter offer and suggestions, even though there is no obligation to accept the same.<br /> <br /> Occasionally, additional information may dictate a need for a revision to the offer. If an owner volunteers information, the acquiring agency must give that information appropriate consideration. Any revision should be documented providing an explanation of the reasons. A revised written offer, approved by the proper agency official, should be made promptly to the property owner.<br /> <br /> ===136.8.7.1.5 Payment Before Possession===<br /> <br /> No owner shall be required to surrender possession of real property before the acquiring agency pays the agreed purchase price, or deposits the amount of a Commissioner's award with the court for the benefit of the owner.<br /> <br /> ===136.8.7.1.6 90-Day Notice to Vacate===<br /> <br /> No person lawfully occupying real property shall be required to move or remove personal property from a dwelling, business or farm operation without at least 90 days' written notice from the acquiring agency before the date by which such move is required. <br /> <br /> A 90-day Notice to Vacate shall not be given before the notice of relocation eligibility. A notice to vacate is required in all cases in which an acquired structure is occupied, or personal property must be removed. <br /> <br /> In cases of displacement of an individual, family, or business, the Missouri Department of Transportation will offer guidance regarding relocation assistance, upon request from the Local Public Agency (LPA). Other notices to vacate, depending on the various circumstances encountered, are available in the [[236.8 Relocation Assistance Program|EPG 236.8 Relocation Assistance Program]].<br /> <br /> For more information on MoDOT policy regarding the relocation assistance program, please see EPG 236.8 Relocation Assistance Program.<br /> <br /> ===136.8.7.1.7 Uneconomic Remnant===<br /> <br /> When a partial acquisition leaves the owner with a remainder that has little or no utility or value to them, an uneconomic remnant may have been created. The agency shall make the determination if there is an uneconomic remnant. This is usually decided upon in the appraisal or appraisal review process, but may result from declarations and opinions of the owner. <br /> <br /> The agency shall make an offer to purchase the uneconomic remnant. To accommodate potential condemnation, the offer to acquire a remnant should not be included in the offer to acquire the needed land or right of way, but rather be made as an entirely separate offer. The owner may decline to sell the remnant. Federal funds may participate in the costs of acquiring uneconomic remnants. However, uneconomic remnants cannot be acquired by condemnation. Condemnation petitions should not include the area considered an uneconomic remnant. <br /> <br /> If the remnant is not included as part of the regular right of way and the remnant is sold by the agency, credit to federal funds is required if they were utilized in the acquisition. The credit to federal funds would be at the same pro-rata as federal funds participated in the cost of the acquisition. The amount credited should be the result of a disposal by public sale or negotiations based upon appraised fair market value. When a credit to federal funds is required, the cost of disposition may be deducted from the sales price. When an uneconomic remnant is not incorporated within the approved right of way limits, no FHWA approval is required to dispose of it. <br /> <br /> The necessary record keeping, and future refund, can be avoided by acquiring uneconomic remnants without federal funds.<br /> <br /> ===136.8.7.1.8 Owner Retention of Improvements===<br /> <br /> The owner of improvements located on the land being acquired as right of way may be offered the option of retaining those improvements at a salvage value determined by the acquiring agency. Salvage values are generally best determined in the valuation process. Salvage Value is the amount the item would command if sold in place with the buyer being responsible for removal from the property. The acquiring agency is not required to offer owner retention in every instance.<br /> <br /> When the owner elects to retain an improvement, the just compensation paid the owner should be reduced by the salvage value of the retained improvement. Reduction of the salvage value to accomplish a settlement, must be approved by an LPA official, and adequately documented in the [https://epg.modot.org/forms/RW/LPA%20Links/Administrative%20Settlement%20Justification%20Form%20136.8.3.docx administrative settlement justification letter]. <br /> <br /> When improvements are retained, it is considered a good business practice to hold sufficient funds, to ensure proper removal of the improvement and clean up of the premises.<br /> <br /> ===136.8.7.1.9 Coercive Action===<br /> <br /> All negotiations shall be conducted in such a manner as to eliminate any coercion of an owner into reaching agreement. Condemnation shall not be used as a threat. The property owner shall be given a reasonable amount of time to consider the offer and to obtain professional advice or assistance if they so desire. The agency shall not advance the time of condemnation, or defer negotiations or condemnation or the deposit of funds with the court, in order to induce an agreement on the price to be paid for the property.<br /> <br /> ===136.8.7.1.10 Separation of Functions===<br /> <br /> '''1. Appraisal/Negotiation'''<br /> <br /> Negotiations shall be conducted by someone other than the appraiser or reviewing appraiser of the real property to be acquired, except that the acquiring agency may permit the same person to value and negotiate an acquisition where the value is based on a [https://epg.modot.org/forms/RW/LPA%20Links/Waiver%20Valuation%20Payment%20Estimate%20Form%20136.8.34.docx Waiver Valuation - Payment Estimate, Form 136.8.34], or is less than $25,000. However, the valuation prepared on a Payment Estimate must be reviewed and an amount approved by another designated agency official before the initiation of negotiations. <br /> <br /> '''2. Delivery Of Payments'''<br /> <br /> '''By Agency Staff:''' Any full-time agency employee may deliver payment checks for acquisition of right of way interests. If personally delivered, the responsible agency employee shall obtain the signature of the recipient acknowledging receipt of the payment. Payments mailed to owners shall be by certified mail with return receipt requested. <br /> <br /> '''By Escrow Agents:''' Payments to escrow agents may be delivered by any person or by certified mail with return receipt requested. Owners shall be notified in writing of the date their payment is delivered to escrow agent.<br /> <br /> ===136.8.7.1.11 Incidental Expense Reimbursement===<br /> <br /> The owners of property acquired for a project will be reimbursed for the following expenses they necessarily incurred for the transfer of the property.<br /> <br /> :*'''Property Transfer Costs''': Recording fees, transfer taxes and similar expenses incidental to conveying the property. These expenses are normally paid direct by the local agency.<br /> <br /> :*'''Proration of Taxes''': Owners will be reimbursed for a pro rata portion of the state, county and city real estate taxes paid for the current taxable year on property purchased by the agency. The pro rata portion of taxes will cover the full number of months remaining in the calendar year after payment is received by the owner for the property. Claims for reimbursement must be made within six months after the city or county tax delinquent date. Delinquent tax payments are not reimbursable. The owner is responsible for submission of paid tax receipts and request for payment to the agency for reimbursement. Unless the owner waives this requirement, it must be given to the owner.<br /> <br /> :*'''Mortgage Penalties''': Owners will be reimbursed for actual penalty costs for prepayment of a pre-existing mortgage entered into in good faith and filed of record. These costs will be reimbursed when the property is acquired in its entirety or the acquisition is of such magnitude that the remainder will not provide collateral for the mortgage and/or the mortgagee legally requires penalty costs for prepayment of the mortgage. The owner is responsible for submission of paid receipts of penalty costs and request for reimbursement to the agency.<br /> <br /> :*'''Appeal for Expense Eligibility''': Property owners may file a written appeal with the agency if they believe that the agency has failed to properly consider their application for reimbursement of expenses incidental to the transfer of title. This appeal may include their eligibility for, or the amount of a payment. The time limit for filing an appeal is 60 days after they receive written notification of the agency's determination on their claim.<br /> <br /> ==136.8.7.2 Donation of Right of Way==<br /> <br /> ===136.8.7.2.1 Donations - Waiver of Appraisal===<br /> <br /> The use of donations may be used to acquire property and property rights without the use of a detailed appraisal, however some documentation is necessary.<br /> <br /> In some instances property owners affected by small, uncomplicated acquisitions of right of way and/or easements may be willing to donate their property that is needed for the project, especially when the project improvements provide a benefit to the property and community.<br /> <br /> Donations are acceptable; however, the owner must be fully informed of the right under law to payment of just compensation as determined by an appraisal. An owner can waive the right to an appraisal, and make a donation. To assure full understanding by the owner, a [https://epg.modot.org/forms/RW/LPA%20Links/Sample%20Donation%20Letter%20and%20Waiver%20of%20Appraisal%20Form%20136.8.25.docx Donation - Waiver of Appraisal Letter] must be signed and dated by the owner.<br /> <br /> When non-complex property or property rights are donated, a proper Local Public Agency (LPA) authority may waive acquisition of additional property interests (like partial mortgage releases, easement owners, tenant interests, etc.), but a memo outlining the waiver to acquire additional property interests should be included in the file.<br /> <br /> The Uniform Act forbids an acquiring agency from taking any coercive action in order to compel owners to agree on a price for their property. As such, in most cases it would be inappropriate for a LPA at the time of initiation of negotiations to inform the property owners that the needed right of way would have to be donated to the acquiring agency in order for the roadway project to be completed. The only acceptable circumstance would be in the case when the project would be terminated unless all owners agreed to donate.<br /> <br /> ===136.8.7.2.2 Donations of Property as Credit To LPAs Matching Share (Soft Match)===<br /> <br /> The value of donated property can be used as a credit to the local agency's matching share of project costs. Those agencies wishing to utilize this provision should read and comply with [https://epg.modot.org/forms/RW/LPA%20Links/Privately%20Donated%20Land%20as%20Credit%20to%20Matching%20Share%20of%20Project%20Costs%20Form%20136.8.19.docx Form 136.8.19]. The MoDOT district Right of Way offices will be able to provide assistance and guidance in obtaining this credit.<br /> <br /> If such crediting is used, a valuation of the donated property must be done. MoDOT must concur in that valuation prior to Plans, Specifications and Estimates Approval (PS&amp;E), to assure the credit. <br /> <br /> It is extremely important that the estimated value of the donation be included in the overall project costs (for eventual right of way phase obligation) when the &lt;u&gt;original application&lt;/u&gt; is made for project funding. If this is not done at that time, the credit for the donation will not be available and those funds must come from the construction costs obligated. This will effectively wipe out any credit sought for the donation, and render that donation useless.<br /> <br /> ===136.8.7.2.3 Donation in Exchange for Construction Features===<br /> <br /> A local agency may accept an owner's offer to donate in exchange for construction features that will benefit the owner. The LPA should make an economic determination that the cost of the services rendered can reasonably be balanced against the value of the required acquisition. In this case the owner should sign a [https://epg.modot.org/forms/RW/LPA%20Links/Donation%20in%20Exchange%20for%20Construction%20Features%20Letter%20Form%20136.8.10.docx Donation In Exchange] letter, and complete the donation of necessary right of way in exchange for the specified construction features to be rendered.<br /> <br /> ==136.8.7.3 Dedications==<br /> <br /> A local agency may accept a parcel of land through dedication if the dedication is done pursuant to a local planning and zoning process or at the request of the property owner for use concessions. This is not considered an acquisition requiring just compensation. However, the LPA must still obtain a conveyance document (such as a deed) from the property owner, along with a donation letter. <br /> <br /> Dedications are not considered donations for purposes of donation credit (soft match). Any dedication undertaken to circumvent federal requirements is unacceptable.<br /> <br /> ==136.8.7.4 Assessments==<br /> <br /> LPAs may not take any coercive action in acquiring property for a project. Assessments against individual properties of a project are unacceptable. However, assessments to recapture funds expended for a public improvement are acceptable if levied against all properties within an established taxing area or district.<br /> <br /> ==136.8.7.5 Administrative Settlements==<br /> <br /> '''Purpose:''' Administrative settlements are made for the purpose of concluding negotiations for amounts considered reasonable, prudent and in the public interest, after reasonable efforts to negotiate agreements at the approved offers have failed.<br /> Administrative settlements are not to be used for the purpose of correcting errors or omissions in an appraisal. Correcting the appraisal and making a revised offer is the method used to correct such errors and omissions.<br /> <br /> '''Definition:''' An administrative settlement is any settlement agreement authorized by appropriate LPA personnel, for a monetary consideration that differs from the approved estimate of just compensation. All settlements above or below the approved just compensation, or that include other valuable consideration, require written justification ([https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Administrative%20Settlement%20Justification%20Letter%20Form%207.3%203%201.pdf Administrative Settlement Justification Letter, Form 7-3.3.1]). <br /> <br /> ===136.8.7.5.1 Making Administrative Settlements===<br /> <br /> Having determined that it is in the public interest to make an administrative settlement, the LPA establishes an equitable amount for the settlement. The amount and other terms of the settlement are then relayed to the owner either verbally or in writing. Should the owner accept the proposal, the necessary conveyance documents are executed, showing the final settlement amount.<br /> <br /> ===136.8.7.5.2 Administrative Settlement Justification Letter===<br /> <br /> At the conclusion of an administrative settlement, the LPA shall prepare a letter of justification ([https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Administrative%20Settlement%20Justification%20Letter%20Form%207.3%203%201.pdf Administrative Settlement Justification Letter, Form 7-3.3.1]) that sets out the terms of the settlement and the factors upon which it was based. A copy of this letter is to be sent to the MoDOT district Right of Way offices when the project is submitted for clearance.<br /> <br /> Administrative settlement justification is not to be based on perceived inadequacies of the appraisal process. If the appraisal, on which the offer was based, is subsequently believed to be deficient, a new or revised appraisal should be secured.<br /> <br /> ===136.8.7.5.3 Administrative Settlements Considerations===<br /> <br /> After a diligent effort has been made to consummate settlements for the approved amounts of just compensation, the appropriate LPA personnel should review each parcel not acquired by negotiation for the approved just compensation amount, and determine whether to make administrative settlements, pursue mediation, or acquire by condemnation.<br /> <br /> The appropriate LPA personnel should review all pertinent information relevant to consideration of a settlement, such as:<br /> :* Approved appraisal reflects current market conditions<br /> :* Consideration in the appraisal of subjective elements of damage<br /> :* Other appraisals of subject<br /> :* The Negotiator's Report regarding damage factors claimed by the owner<br /> :* Counteroffers made by the owner<br /> :* The range of probable testimony<br /> :* Recent jury verdicts for similar type properties<br /> :* Estimated court costs<br /> :* Opinion of legal counsel regarding probable result of proceeding with condemnation.<br /> :'''Note:''' Administrative settlements are not to be used to correct errors or omissions of the appraisal. Correcting the appraisal and making a revised offer is the method used to correct such errors and omissions.<br /> <br /> Any relevant considerations used to reach the settlement agreement, such as those illustrated in the examples above, should be included in the text of the Administrative Settlement Justification Letter.<br /> <br /> ==136.8.7.6 Negotiator Qualifications== <br /> <br /> It is recommended that LPA staff negotiators carry the following qualifications, which is equivalent to the MoDOT Right of Way Specialist:<br /> <br /> :&quot;Knowledge of business and real estate as might be acquired through experience or graduation from an accredited four year college or university with a bachelor degree in real estate, finance, economics, business administration, public administration, or related area.&quot;<br /> <br /> =136.8.8 Acquisition Through Eminent Domain=<br /> <br /> ==136.8.8.1 General==<br /> <br /> The basic principles governing the exercise of the power of eminent domain are established by state law and are described in [[236.10 Right Of Way Condemnation#236.10.7 Eminent Domain Guidelines|EPG 236.10.7 Eminent Domain Guidelines]]. If negotiations are not successful, the acquisition case is turned over to the agency's legal representative to secure the property through condemnation action, or a legal settlement. It is strongly recommended that any time property must be acquired by condemnation action, the local public agency (LPA) should contact the local MoDOT district office for assistance.<br /> <br /> The [https://epg.modot.org/forms/RW/LPA%20Links/Right%20of%20Way%20Acquisition%20Schedule%20Form%20136.8.2.2.docx Right of Way Acquisition Schedule] submitted by the LPA at the time acquisition authority was requested includes a section for filing the condemnation petition. In order to ensure that LPA projects continue to make reasonable progress, the LPA is expected to initiate condemnation proceedings as outlined in the Right of Way Acquisition Schedule. Should the LPA choose not to initiate condemnation proceedings, the LPA will be expected to cancel the project and reimburse MoDOT for all previous expenses.<br /> <br /> After property has been placed in condemnation and the commissioners have made their report, the acquiring LPA should make a determination as to whether the case should be tried by a jury or disposed of by settlement. In either case, however, if the LPA intends to claim federal participation in the payment of any excess over and above the original approved offer, the file must be adequately documented to justify the action taken.<br /> <br /> The attorney handling the case for the LPA should become familiar with Title 49 of the Code of Federal Regulations, Part 24, and Subpart D of Part 712 of Title 23 of the Code of Federal Regulations. In the state of Missouri, in addition to the Uniform Act, the Eminent Domain Law; RSMo 523, describes procedures for governmental agencies in condemnation cases. Missouri’s LPA officials are strongly encouraged to rely on their Legal Counsel for interpretation of this statute. For a summary of the changes made to RSMo 523 as a result of the 2006 eminent domain reform legislation known as HB 1944, please refer to [https://epg.modot.org/forms/RW/LPA%20Links/Summary%20of%20HB%201944%20Form%20136.8.30.docx Form 136.8.30].<br /> <br /> The [https://epg.modot.org/forms/RW/LPA%20Links/60%20Day%20Notice%20of%20Owners%20Rights%20Form%20136.8.35.docx 60-Day Notice of Owners Rights, (Form 136.8.35)] prescribed by RSMo 523 and the [https://epg.modot.org/forms/RW/LPA%20Links/Final%20Vacancy%20Notice%20for%20Relocation%20Form%20136.8.11.docx Final Vacancy Notice for Relocation (Form 136.8.11)] are provided for the LPA.<br /> <br /> ==136.8.8.2 Documentation of Legal Actions==<br /> <br /> The agency shall provide to the MoDOT District Right of Way office proper documentation for not filing exceptions to commissioners award, justification to dispose of a condemnation case by settlement, or a trial report in the case of jury trial. This documentation is to be furnished to MoDOT Regional Counsel for review and approval action. District Counsel shall contact the appropriate representative of the local agency for corrective action if necessary<br /> <br /> ==136.8.8.3 Use of a Fee Attorney or Special Counsel==<br /> <br /> Use of a Fee Attorney is permissible if: <br /> <br /> :* The fee for the services is reasonable<br /> :* The fee is not on a percentage basis.<br /> <br /> Contact the local MoDOT district right of way office when the LPA anticipates using outside counsels.<br /> <br /> ==136.8.8.4 Federal Participation in Costs of Staff Attorneys==<br /> <br /> Federal participation shall not be allowed in payment to city or county attorneys for work performed in connection with the acquisition of rights of way when they are obligated to perform such work without additional compensation. In those cases when the normal duties of attorneys do not include the acquisition of property for right of way purposes, federal funds may participate in payments for services performed.<br /> <br /> ==136.8.8.5 Preparation of Justification for Legal Settlements==<br /> <br /> A legal settlement is any acquisition settlement made by the responsible agency's legal representative after condemnation is filed. The legal settlement is the attempt to reach a settlement after all reasonable efforts by the negotiator have failed, including attempts at an administrative settlement. <br /> <br /> If federal funds are to participate in right of way acquisition, including the settlement costs, and the agency determines that it is in the best interest to dispose of the condemnation case by legal settlement, the legal representative handling the case must prepare a [https://epg.modot.org/forms/RW/LPA%20Links/Legal%20Justification%20for%20Settlement%20Form%20136.8.12.docx Justification for Settlement statement, Form 136.8.12], and provide this statement to the MoDOT district Right of Way office. <br /> <br /> If an A-date authorizing federal funds participation in right of way has not previously been authorized, an Acquisition Authority (A-date) must be obtained prior to completion of the settlement and prior to request for federal participation in the cost of the acquisition settlement. <br /> <br /> The LPA shall identify the agency's legal representative responsible for making the settlement. If this representative is not a direct employee of the agency, the LPA shall concur in the settlement. This includes stipulated settlements approved by the court in which the condemnation action has been filed.<br /> <br /> :* Justifications for settlement should contain as a minimum; the following information: (LPA may prepare an office memo to the file with all of this information or the Form 136.8.12 may be utilized.)<br /> <br /> :* A description of the property as to dimensions, terrain, use, access to public roads and other facilities, severance by public roads and water courses, improvements, and any other features which would have a bearing upon the value of the property.<br /> <br /> :* The effect which the acquisition has on the property, such as severance, limitation of access, removal of fencing and other improvements, and blocking of existing public roads which provide access to the property.<br /> <br /> :* The date of acquisition.<br /> <br /> :* The amount of the commissioners' award.<br /> <br /> :* All appraisals which have been obtained for the determination of damages with the dates of appraisals.<br /> <br /> :* The approved offer and the date the amount of the offer was established.<br /> <br /> :* Any comments which are contained in the reviewing appraiser's report, or in the negotiator's records, which might have a bearing on a determination for settlement.<br /> <br /> :* Any legal deficiencies noted in any of the appraisals or in the reviewing appraiser's determination.<br /> <br /> :* Any changes which have occurred in the property between the date of any of the appraisals and the date of acquisition, such as rezoning or change in improvements.<br /> <br /> :* Substantial differences in appraisals or between the appraisals and the approved offer should be correlated.<br /> <br /> :* A discussion of problems to be anticipated in a trial of the case, both legal problems and evidentiary problems which could affect the outcome of trial. This might include problems relating to comparable sales, highest and best use of the property, rezoning, drainage problems, extent and effect of severance, encroachment damage, the admissibility of evidence, valuation of landscaping, depreciation of improvements (especially functional obsolescence), special benefits, etc.<br /> <br /> :* A discussion as to the effectiveness, if known, of the witnesses.<br /> <br /> :* A discussion of recent trial results in the county.<br /> <br /> :* Costs of trial may be considered along with other matters in the justification, but may not be used as the sole basis for settlement.<br /> <br /> :* In making a determination as to whether to recommend settlement of a case, all pertinent information and facts which would be admissible in a trial of the case should be discussed, with a discussion as to the effect which such evidence would probably have in the outcome of the trial. Where additional sales have occurred in the area which the attorney feels would be admissible in evidence and would have a bearing on the outcome of the trial, the attorney should discuss the sales as to their admissibility in the trial and the effect that their admission into evidence might have on the outcome of the trial.<br /> <br /> :* The acquiring agency's legal counsel should be involved from the early stages of the project delivery. During the planning and design stages, the legal counsel may be able to detect complex title or valuation pitfalls which can be avoided or minimized during the appraisal process. Counsel should be called upon for advice on such matters as the law on benefits, before/after value appraisals, and compensibility of particular items. Counsel should be given an opportunity to offer advice prior to the determination to condemn.<br /> <br /> ==136.8.8.6 Trial Reports==<br /> <br /> Federal funds may participate in amounts greater than the amount established as just compensation if there is supporting documentation in the LPA project file. A trial report, [https://epg.modot.org/forms/RW/LPA%20Links/Legal%20Trial%20Report%20136.8.13.docx Form 136.8.13, Legal Trial Report], signed by the trial attorney, should contain the following information:<br /> <br /> :* A description of the property as to size, shape, terrain, improvements, access to roads and other facilities, severance by roads and other facilities, and any other matter which has a bearing on the value or use of the property.<br /> <br /> :* Date of acquisition.<br /> <br /> :* A description of the acquisition and its effect on the remaining property.<br /> <br /> :* The date and amount of the originally approved offer and the appraisal upon which the offer was based.<br /> <br /> :* The date and length of the trial.<br /> <br /> :* The evidence presented on behalf of the defendant. This should include not only the testimony as to damages, but also other matters presented by the defendant which bear upon the before and after values of the property.<br /> <br /> :* Evidence presented by the plaintiff. This should include not only a statement as to the amount of damages to which the witnesses testified, but other matters presented into evidence by witnesses which would have a bearing on the value of the property, such as highest and best use, zoning, comparable sales, nature of special benefits.<br /> <br /> :* The reason for any substantial variance between the original approved offer and plaintiffs testimony.<br /> <br /> :* Differences arising between the parties in trial, not only as to amounts of damages to which the witnesses testified, but a discussion as to the reasons for the differences in the amounts and differences between the parties as to other features of the property, such as physical features, zoning, probability of rezoning, highest and best use, and the extent which the highest and best use has been affected by the acquisition.<br /> <br /> :* Any differences arising between the parties as to questions of law, especially as to the admissibility of evidence, objections made by either party, and the rulings of the court upon those objections.<br /> <br /> :* A discussion of any possible error committed by the trial court in ruling on objections with a recommendation as to whether the verdict is substantially in excess of the plaintiff's testimony and there is error in the case but the attorney's recommendation is that no post trial action be taken, a full discussion of the reasons for such recommendation should be made.<br /> <br /> :* If post trial action is taken or anticipated, and later it is decided not to appeal, a supplemental report is to be prepared and placed in the file, setting out reasons for no further action.<br /> <br /> =136.8.9 Relocation Assistance=<br /> <br /> If land needed for a project is occupied by people, business or merely personal property, it may be necessary to displace the occupants. These occupants may be individuals, families, businesses, farms or even non-profit organizations. <br /> <br /> The term &quot;displaced person&quot; is defined in the Uniform Act as: &quot;...any person who moves from the real property or moves his or her personal property from the real property as a direct result of an agency's written notice of intent to acquire-relocation, the initiation of negotiations for, or the acquisition of such real property in whole or in part for a project.&quot; <br /> <br /> Occupants who qualify as displaced persons are eligible for relocation assistance advisory services, and are entitled to payment of their actual moving and related expenses, as the agency determined to be reasonable and necessary. In addition, residential displacees who meet minimum occupancy requirements may qualify for replacement housing or rental subsidy payments to offset increased costs of securing replacement dwellings.<br /> <br /> The Uniform Act and Federal Highway Administration regulations prescribe certain benefits and protections for persons displaced by projects which are funded, at least in part, with federal money. The provisions of the Uniform Act concerning relocation are found in 49 CFR, Part 23, Titles I, II, III. As stated in the law, the purpose of the Uniform Act is to assure fair and equitable treatment of displaced persons so that such displaced persons do not suffer disproportionate injury from projects designed to benefit the public as a whole.<br /> <br /> Relocation requirements are lengthy and detailed; therefore, whenever the local agency anticipates that displacements will occur, the appropriate MoDOT district Right of Way office should be contacted for assistance in conducting its relocation program. For more information, refer to [[236.8 Relocation Assistance Program|EPG 236.8 Relocation Assistance Program]].<br /> <br /> =136.8.10 Right of Way Clearance Certification=<br /> <br /> ==136.8.10.1 General==<br /> <br /> Prior to authorization to advertise the physical construction for bids, the Local Public Agency (LPA) shall submit a [https://epg.modot.org/forms/RW/LPA%20Links/Clearance%20Certification%20Statement%20Form%20136.8.8.docx Clearance Certification Statement (Form 136.8.8)] to the local MoDOT district office. <br /> <br /> The Right Of Way Clearance Certification Statement is required for all federally assisted projects (federal funds participation in either right of way or construction), but only if any right of way acquisition was necessary. The statement identifies the acquisition status of necessary right of way for the purpose of advancing a project to construction. It also addresses the status of any relocation activities necessary on the project.<br /> <br /> The agency shall submit a clearance certification to the local MoDOT district office on the agency's letterhead signed by appropriate official or officials. <br /> <br /> When LPA Right of Way Projects affect a MoDOT Route, there may be new right of way or easements coming into the State’s highway system. Information regarding the acquisition of such parcels must also be added to the clearance certification letter. In turn, the MoDOT district office will advise Right of Way Central Office in its right of way clearance cover letter. District Right of Way shall open a file record in the Right of Way Parcel Acquisition Database and document the acquisition data of the acquired property. <br /> <br /> All jobs certified clear more than one year prior to construction letting must have an updated clearance certification issued to verify that the right of way is still clear and that there are no encumbrances of any kind and there are no rental agreements, extensions of possession or leases in effect.<br /> <br /> Right of Way staff are required to enter the Right of Way Clearance Letter, and any working Right of Way Documents into the LPA SMS (State Management System Application). <br /> <br /> ===Five-Year Rule===<br /> <br /> If the realty rights were acquired more than 5 years prior to the first request for federal funds, the local agency shall submit a statement certifying that no new realty rights are needed and the dates the existing realty rights were acquired. If the realty rights were acquired less than 5 years prior to the first request for federal funds, the acquisition must have occurred within the parameters of the Uniform Act in order for any portion of the project to receive federal funds.<br /> <br /> If the project sponsor does not need to acquire property rights, and / or holds fee title or adequate easements on property necessary for the project; the sponsor will be in one of two categories depending on the date when that latest parcel on the project was acquired: <br /> <br /> 1. The last parcel acquired was more than five (5) years prior to the first obligation of federal funds for the current project, or <br /> <br /> 2. One or all of the parcels were acquired within the last five (5) years prior to federal funds obligation. <br /> <br /> &lt;u&gt;In the case of number 1, &lt;/u&gt;<br /> <br /> The sponsor must certify by signed letter to the DDL stating the following (example):<br /> :The City/County of ________ hereby certifies there is no new right of way necessary for the federally funded project known as _____ (give the Project Number here)_____. Furthermore, the last recorded acquisition of right of way or permanent easements within the limits of this project occurred more than 5 years prior to the initial obligation of federal funds. <br /> <br /> :Our records indicate the City/County of _______ acquired the most recent land, right of way, or easements on which, this project is to be constructed, on _____(month) _____(day)_____(year). <br /> :[as close to the date of record you have]<br /> <br /> &lt;u&gt;In the case of number 2, &lt;/u&gt;<br /> <br /> The sponsor must submit all the parcel files and normal right of way clearance certification. The district RW Representative will review the acquisition of the RW and Easements for compliance with the Uniform Act and once this is accomplished, notify the District Design Liaison or district planning specialist that RW is clear. The district right of way staff shall follow the standard procedure for submittal to RW Central Office for final review and approval.<br /> <br /> ==136.8.10.2 When Should Clearance Certification Be Submitted==<br /> <br /> Clearance certification should be submitted when all right of way has been acquired and legal and physical possession of all parcels has been obtained and relocation assistance has been made available on occupied units. <br /> <br /> ==136.8.10.3 Contents of Clearance Certification==<br /> <br /> Each certification must contain the following.<br /> <br /> ===136.8.10.3.1 Heading===<br /> <br /> The heading of your certification letter should contain the following:<br /> <br /> :* date and type of environmental clearance<br /> :* clearance certification entire project, portion of project, or conditional clearance<br /> :* city and or county<br /> :* road or project number<br /> :* federal project number<br /> :* termini of the entire right of way project<br /> :* the termini by stationing of that portion of the project being cleared if it is a partial clearance certification<br /> :* construction job number and termini<br /> <br /> ===136.8.10.3.2 Accurate Statements===<br /> <br /> Make certain that all the statements under each heading are accurate, correctly reflecting the acquisition type involved in the project. Use either number 1, number 2 or number 3, below. This will indicate to the reviewer whether or not the project involved relocation assistance and, if it was only personal property moved or people/business were displaced.<br /> <br /> '''1. Right of Way Required - No Personal Property Moved - No Relocation Assistance Required'''<br /> <br /> :a. We certify that all necessary right of way, easements and access rights have been acquired in accordance with the Titles 49 and 23 CFR.<br /> <br /> :b. Legal and physical possession of all parcels has been obtained.<br /> <br /> :c. The steps relative to relocation advisory assistance and payments were not required.<br /> <br /> '''2. Right of Way Required - Personal Property Moved - No Occupied Improvements Required'''<br /> <br /> :a. We certify that all necessary right of way, easements and access rights have been acquired in accordance with Titles 49 and 23 CFR.<br /> <br /> :b. Legal and physical possession of all parcels has been obtained.<br /> <br /> :c. Steps relative to relocation advisory assistance and payments as required by 49 CFR, Part 24 have been taken (personal property moved only).<br /> <br /> '''3. Right of Way Required - Personal Property Moved - Occupied Improvements Acquired'''<br /> <br /> :a. We certify that all necessary right of way, easements and access rights have been acquired in accordance with Titles 49 and 23 CFR.<br /> <br /> :b. Legal and physical possession of all parcels has been obtained.<br /> <br /> :c. Steps relative to relocation advisory assistance and payments as required by 49 CFR, Part 24 have been taken.<br /> <br /> :d. All individuals and families have been relocated to or offered equivalent decent, safe and sanitary housing in accordance with 49 CFR, Part 24.<br /> <br /> ===136.8.10.3.3 Required data to be submitted with clearance certification===<br /> <br /> When a right of way project is certified clear, attach to the certification:<br /> <br /> :* Total number of parcels on project that required the acquisition of right of way, easements and/or access rights.<br /> :* Total number of donations. (List the parcel number, date received, and grantor's name.) <br /> :* List any parcels that were voided and not appraised within the numeric beginning and ending parcel numbers as indicated on the right of way plans. <br /> :* List any parcel that was appraised and subsequently voided and not acquired. <br /> :* Total number of parcels that were deleted from the project, if any. <br /> :* Total number of parcels that were acquired by condemnation. <br /> :* Total number of parcels that were acquired by MoDOT personnel. <br /> :* Total number of parcels that were acquired by Local Public Agency personnel. <br /> :* Total number of parcels that were acquired by Acquisition Agent(s) on the MoDOT Roster. <br /> :* Total amount of money spent in Right of Way Acquisition. (Cost of land and improvements only.)<br /> <br /> ===136.8.10.3.4 Partial Right of Way Clearance Certification===<br /> <br /> When phase construction is involved on a particular project and it is necessary to clear only a portion of an entire right of way project, all other requirements for the issuance of a clearance certification are applicable.<br /> <br /> In order to advance portions of a total project to construction, it will be necessary to complete a right of way clearance certification statement for each construction project. A clearance statement is identified as a partial right of way clearance certification when legal and physical possession of additional right of way which was identified within the original right of way project termini, and needed in connection with future construction projects, has not yet been obtained. <br /> <br /> The classification as a partial certification is necessary as it relates to the original right of way project number under which the LPA was authorized to acquire the necessary right of way. In these cases, the partial right of way clearance certification represents a full clearance certification for the construction project to be advertised and awarded. This only applies to projects which have one federal project number and have intentionally been split into two or more projects to be let separately. <br /> <br /> ::For example; STP-9999(605) Phase 1 and STP-9999(605) Phase 2.<br /> <br /> ===136.8.10.3.5 Conditional Right of Way Clearance Certification===<br /> <br /> A Conditional Right Of Way Clearance Certification Statement is required when the agency's administration staff has determined it necessary to advance a construction project to letting prior to obtaining legal and physical possession of all the needed right of way. The LPA may request construction authorization of this type only in very unusual circumstances. This exception must never become the rule. <br /> <br /> Each situation is different. MoDOT district personnel are available for direct assistance to insure compliance with 49 CFR, and expedient clearance of the Right of Way for certification. <br /> <br /> Clearance certifications which show exceptions must be followed by a final clearance from the MoDOT District at such time as the exceptions have been satisfied.<br /> <br /> Any job certified clear more than one year prior to letting must be verified to determine that the job is still clear and that there are no rental agreements or leases in existence.<br /> <br /> =136.8.11 Right of Way Services Through Contract=<br /> <br /> ==136.8.11.1 Need==<br /> <br /> The Local Public Agency (LPA) must inform MoDOT prior to commencement of any right of way activities, whether they are adequately staffed to perform the necessary functions or if it will be necessary to utilize fee services for any of the appraisals, appraisal reviews, negotiations, or relocation services required for a project.<br /> <br /> For more detailed information about contracting for services beyond what is provided in the following subarticles, please refer to the following links:<br /> <br /> : [https://epg.modot.org/index.php?title=236.3_Administration#236.3.12_Contracting_with_MoDOT_and_E-Verify_Requirements EPG 236.3.12 Contracting with MoDOT and E-Verify Requirements]<br /> <br /> : [https://epg.modot.org/index.php?title=236.4_Description_Writing_and_Titles#236.4.4.7_Procedure_for_Obtaining_Title_Services EPG 236.4.4.7 Procedures for Obtaining Title Services]<br /> <br /> : [https://epg.modot.org/index.php?title=236.6_Appraisal_and_Appraisal_Review#236.6.5.1_Qualifications_for_Realty_Appraisers EPG 236.6.5.1 Contracting with Fee Appraisers]<br /> <br /> : [https://epg.modot.org/index.php?title=236.7_Negotiation#236.7.8_Contract_Negotiation EPG 236.7.8 Contract Negotiations]<br /> <br /> : [https://epg.modot.org/index.php?title=236.11_Mediation#236.11.2_Contracting_for_Mediation_Service EPG 236.11.2 Contracting for Mediation Service]<br /> <br /> : [https://epg.modot.org/index.php?title=236.11_Mediation#236.11.3_Mediation_Contracts EPG 236.11.3 Mediation Contracts]<br /> <br /> ==136.8.11.2 General Requirements for Contracts==<br /> <br /> The following information relates to all services provided under contract including, but not limited to, title services, appraisal services, negotiation services, relocation services and mediation services. <br /> <br /> Business entities and employers are prohibited from knowingly employing, hiring or continuing to employ illegal aliens to perform work in Missouri. Participation in the federal work authorization program E-Verify, which enables employers to electronically verify employment eligibility, is required for all public employers and business entities receiving '''a state contract''' or grant '''in excess of $5,000''' or a state-administered tax credit, tax abatement, or loan from the state. Participation in a federal work authorization program is an affirmative defense to an allegation that a business entity knowingly hired an illegal alien. For more detailed information related to E-Verify requirements please see [https://epg.modot.org/index.php?title=236.3_Administration#236.3.12_Contracting_with_MoDOT_and_E-Verify_Requirements EPG 236.3.12].<br /> <br /> Contracts, agreements or assignment letters for contract services shall contain as a minimum the following provisions and clauses:<br /> <br /> :* Date of agreement.<br /> <br /> :* The complete name and address of each party to the agreement whether individual, partnership, firm or corporation. If a corporation is one of the parties, identify the state in which it is incorporated. Where a contract is with a partnership, firm or corporation, the agreement or supplement thereto shall identify the person who will perform the contract service and, if necessary, testify in a condemnation action.<br /> <br /> :* Federal-aid project number and location.<br /> <br /> :* Description of the work to be done in sufficient detail to show the nature and extent of the services contemplated.<br /> <br /> :* The basis of payment for the services to be furnished.<br /> <br /> :* Provisions that would permit the negotiation for mutual acceptance of major changes in the scope, character or estimated total cost of the work to be performed if such changes become necessary as the work progresses.<br /> <br /> :* Provision that would permit termination of the agreement by the acquiring agency in case the contractor is not complying with the terms of the agreement, the progress or quality of work is unsatisfactory, or for other stated reasons. Provision covering the ownership of work completed or partially completed and basis of payment therefore in the event of termination of the agreement by the acquiring agency.<br /> <br /> :* Provisions for a procedure to resolve any dispute concerning a question of fact in connection with the work not disposed of by agreement between the parties, conforming to the practice followed by the acquiring agency in resolving disputes in other contractual matters.<br /> <br /> :* An expressed prohibition against the subletting or transfer of any of the work except as is otherwise provided for in the agreement.<br /> <br /> :* The clauses set forth in the proposals regarding Civil Rights Assurances.<br /> <br /> :* Properly executed signature and dates.<br /> <br /> ==136.8.11.3 Contract for Fee Appraiser==<br /> <br /> ===136.8.11.3.1 General Requirements===<br /> <br /> 1. The MoDOT district office may approve the use of a fee appraiser when it has been determined the local agency is not adequately staffed to perform this service.<br /> <br /> 2. Individuals proposed and used to establish estimates of just compensation shall be on the [https://epg.modot.org/index.php?title=236.6_Appraisal_and_Appraisal_Review#236.6.5.4_Roster_of_Approved_Contract_Appraisers Roster of Approved Contract Appraisers], which is updated annually. Refer to [[236.6 Appraisal and Appraisal Review#236.6.5.4 Roster of Approved Contract Appraisers|EPG 236.6.5.4 Roster of Approved Contract Appraisers]].<br /> <br /> 3. Appraisal work will be performed under the requirements set forth in [[#136.8.6 Appraisal and Appraisal Review|EPG 136.8.6 Appraisal and Appraisal Review]].<br /> <br /> 4. Fee personnel shall be retained directly by the acquiring agency and required, by written contract, to personally perform the services contracted for, except as hereinafter provided. When services of a highly specialized nature are required to assist in the preparation of the appraisal, the employment of specialists should be handled by the acquiring agency. However, in appropriate instances such employment may be accomplished by the contract appraiser responsible for the appraisal of the entire property. If the latter course is followed, the acquiring agency shall reserve to itself the approval of the selection of the specialist by the contract appraiser.<br /> <br /> 5. The basis of payment set forth in the agreement covering more than one parcel shall not be computed on an average rate per parcel. The agreement shall itemize the actual amount to be paid per parcel, or such itemization shall be by a separate statement.<br /> <br /> 6. Provision shall be made in the agreement for a per diem rate to be paid to the fee appraiser or specialist in the event court appearances or conferences preparatory thereto become necessary. This contingent cost shall be separate and apart from the fee or the overall limit specified in the agreement for completion of the services covered by the agreement.<br /> <br /> 7. There shall be no federal reimbursement for compensation paid by an acquiring agency for revision or correction of a report required by the appraiser's or specialist's failure to comply with contract specifications and standards in the agreement.<br /> <br /> 8. There shall be no federal participation in the appraisal or specialist fee or the amount paid for a parcel where the appraisal or specialist fee is determined as a percentage of the appraised value or assessed value.<br /> <br /> 9. The amount of the fee shall represent a fair payment for the services performed whether it be for the initial valuation, a new valuation occasioned by a change in the acquisition, or a subsequent updating requested by the acquiring agency. In the instance of a new valuation or updating, a flat percentage of the original fee is not acceptable as representative of fair payment. Experience of the acquiring agency and any other available guides should be considered in arriving at an equitable fee. A qualified individual from the acquiring agency's right of way organization should visit the project site to identify the valuation problem, determine the number and type of reports needed. The estimate shall be made prior to requesting a proposal from fee personnel and shall be retained in the acquiring agency's file. A predetermined schedule of fees for different types of properties may be utilized provided documentation to support such schedule(s) is available in the acquiring agency's files. In determining the basis of payment and the actual fees to be paid, consideration should be given to:<br /> <br /> :* The complexity of the appraisal or other work to be undertaken and the skills necessary to provide such services.<br /> <br /> :* The number of parcels included in the assignment.<br /> <br /> :* The amount of information and data provided fee personnel by the acquiring agency, and the extent of information that must be developed independently.<br /> <br /> :* The location and conditions pertinent to the project for which the fee service is to be provided.<br /> <br /> :* The time allowed for performance of the assignment.<br /> <br /> ===136.8.11.3.2 Approval of Contract===<br /> <br /> As outlined above, fee personnel shall be retained directly by the acquiring agency and required, by written contract, to personally perform the services contracted for, except as hereinafter provided. The applicable MoDOT district office shall monitor and when necessary provide guidance to the agency in its contracting practices to ensure that the (1) contract form substantially complies with requirements of this article, and (2) contract is with a qualified appraiser.<br /> <br /> A sample contract for fee appraisal services is included as [https://epg.modot.org/forms/RW/LPA%20Links/Proposal%20for%20Appraisal%20Work%20Form%20136.8.21.docx Form 136.8.21]. Contact the local MoDOT district office for assistance, if necessary.<br /> <br /> ==136.8.11.4 Contract Fee Review Appraiser==<br /> <br /> ===136.8.11.4.1 General Requirements===<br /> <br /> 1. The MoDOT district office may approve the use of a fee review appraiser when it has been determined the local agency is not adequately staffed to perform this service.<br /> <br /> 2. Individuals proposed and used to approve just compensation shall be on the [https://epg.modot.org/index.php?title=236.6_Appraisal_and_Appraisal_Review#236.6.5.4_Roster_of_Approved_Contract_Appraisers Roster of Approved Contract Appraisers] which is updated annually. The Roster indicates individuals who are generally qualified to perform the review function. Other individuals on the Roster may be approved to review for individual projects. <br /> <br /> 3. Appraisal review work will be performed under the requirements set forth in [[#136.8.11 Right of Way Services Through Contract|EPG 136.8.11 Right of Way Services Through Contract]]. <br /> <br /> 4. Amounts established by Contract Review Appraisers as the estimate of just compensation must be approved by an appropriate official of the responsible acquiring agency prior to the initiation of negotiation. This function cannot be delegated to contract review appraisers or consultants.<br /> <br /> 5. The employment of fee review appraisers shall be by written contract.<br /> <br /> 6. The amount of the fee set forth in the contract should be established on a per appraisal basis and shall not be computed on an average rate per appraisal nor determined as a percentage of the appraised, concluded or assessed value.<br /> <br /> 7. The appraisal review fee shall represent fair payment for the work performance whether it be for the initial estimate of just compensation (EJC) a new EJC occasioned by a change in the acquisition or a subsequent updating requested by the acquiring agency. A flat percentage of the original fee is not acceptable for a new EJC or updating. An estimated fee per appraisal should be developed by a qualified individual or from other available information before requesting a proposal(s) from qualified fee personnel. The estimated fees shall serve as a basis for negotiating the fee to be paid under the contract. Competitive solicitation of bids may also be used as an alternative procedure where there is a sufficient number of qualified fee personnel available to constitute a competitive environment. <br /> <br /> 8. Provision shall be made in the agreement for a per diem rate to be paid to the review appraiser in the event court appearances or conferences preparatory thereto become necessary. This contingent cost shall be separate and apart from the fee or the overall limit specified in the agreement for completion of the services covered by the agreement.<br /> <br /> 9. There shall be no federal reimbursement for compensation paid by an acquiring agency for revision or correction of a review report required by the reviewer's failure to comply with contract specifications and standards in the agreement.<br /> <br /> ===136.8.11.4.2 Approval of Contract===<br /> <br /> As outlined above Fee personnel shall be retained directly by the acquiring agency and required, by written contract, to personally perform the services contracted for, except as hereinafter provided. The applicable MoDOT district office shall monitor and when necessary provide guidance to the agency in its contracting practices to ensure that the (1) contract form substantially complies with requirements of this article, and (2) contract is with a qualified appraiser capable of appraisal review.<br /> <br /> A sample contract for contract fee review appraiser is included as [https://epg.modot.org/forms/RW/LPA%20Links/Review%20Appraiser%20Contract%20Form%20136.8.24.docx Form 136.8.24].<br /> <br /> ==136.8.11.5 Contract Fee Negotiator==<br /> <br /> ===136.8.11.5.1 General Requirements===<br /> <br /> 1. Employment of fee negotiators shall be only by written contract.<br /> <br /> 2. The amount of the fee shall be determined on a parcel basis, and shall not be determined as a percentage of fair market value. The fee shall represent a fair payment for the work performed.<br /> <br /> 3. Provision shall be made in the contract for a per diem rate to be paid to the negotiator in the event court appearances or conferences preparatory thereto become necessary. This contingent cost shall be separate and apart from the fee on the overall limit specified in the contract for completion of services covered by the contract.<br /> <br /> 4. Fees may be proposed on an hourly rate plus mileage, but a maximum project total must also be included in the proposal.<br /> <br /> ===136.8.11.5.2 Approval of Contract===<br /> <br /> A sample contract for fee negotiator services is included as [https://epg.modot.org/forms/RW/LPA%20Links/LPA%20Negotiator%20Services%20Agreement%20Form%20136.8.14.docx Form 136.8.14]. <br /> <br /> As outlined above Fee personnel shall be retained directly by the acquiring agency and required, by written contract, to personally perform the services contracted for, except as hereinafter provided. MoDOT ROW Central Office shall monitor and when necessary provide guidance to the agency in its contracting practices to ensure that the (1) contract form substantially complies with requirements of this article, (2) contract is with a qualified negotiator, and (3) qualified negotiator is on the approved [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf MoDOT negotiator roster]. <br /> <br /> Experience in eminent domain negotiations is preferred and strongly recommended. <br /> <br /> ==136.8.11.6 Contract for Total Right of Way Services==<br /> <br /> ===136.8.11.6.1 General Requirements===<br /> <br /> 1. A local agency may elect to obtain fee services for total right of way services or combination of services from qualified contractors.<br /> <br /> 2. A determination shall be made by MoDOT ROW Central Office that the local agency is not staffed to perform the required services or has not completed the required [https://www.modot.org/lpa-basic-training-class-link LPA Basic Training]. <br /> <br /> 3. The contractor is required to complete the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Application%20Employment%20Contract%20Negotiator%20Form%207.8.1.pdf Application for Employment as Contract Negotiation]The qualifications of contractors must be examined by MoDOT ROW Central Office to determine their capability to perform the services to be contracted and be added to the approved [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf MoDOT negotiator roster].<br /> <br /> ===136.8.11.6.2 Approval of Contract===<br /> <br /> Contact the local MoDOT ROW Central Office for specific instructions.<br /> <br /> The contract form for services being contracted shall incorporate all applicable requirements and contract provisions from this article. <br /> <br /> ==136.8.11.7 Contracting with Engineering Consultants for Right of Way Services==<br /> <br /> ===136.8.11.7.1 General Requirements===<br /> <br /> 1. A local agency may provide for right of way services through an engineering contract whereby the engineering firm is adequately staffed with qualified personnel to perform the various right of way functions. The engineering firm may also subcontract for all or part of the right of way functions from qualified sources.<br /> <br /> 2. The MoDOT district office shall first make a determination that the local agency is not staffed to perform the necessary right of way services. The MoDOT district office shall also determine if the engineering firm is adequately staffed with qualified personnel to perform right of way services or that proposed subcontractors performing these services are qualified.<br /> <br /> ===136.8.11.7.2 Contract and Subcontract Requirements===<br /> <br /> Engineering consultant contracts and subcontractors providing for right of way services shall incorporate all applicable requirements and contract provisions from this article. <br /> <br /> ===136.8.11.7.3 Approval of Contracts===<br /> <br /> As outlined above Fee personnel shall be retained directly by the acquiring agency and required, by written contract, to personally perform the services contracted for, except as hereinafter provided. The applicable MoDOT district office shall monitor and when necessary provide guidance to the agency in its contracting practices to ensure that the (1) contract form substantially complies with requirements of this article, and (2) contract is with a qualified engineering consultant.<br /> <br /> =136.8.12 Property Management=<br /> <br /> ==136.8.12.1 General==<br /> <br /> By definition, property management is managing and administering property acquired for construction project purposes so that the public interest is served. The Local Public Agencies (LPAs) are responsible for ensuring adequate control and effective administration of lands and improvements acquired for right of way purposes.<br /> <br /> The LPA responsible for property management must handle such activities in a manner consistent with federal and state requirements. The LPAs program should be carried out in a manner that assures the maximum public benefit.<br /> <br /> ==136.8.12.2 Property Management During the Acquisition Phase==<br /> <br /> Just as any privately operated management firm, the acquiring agency is responsible for the preservation of improvements and for the reasonable safety measures relative to the preservation of the acquired property and protection of lawful occupants when it has acquired ownership and possession of property.<br /> <br /> Local Public Agencies must maintain an inventory of all improvements acquired, how these improvements are disposed of, an accounting of management expenses and rental receipts received and recovery payments for disposition of improvements and rodent control.<br /> <br /> Income from rents received during the acquisition phase of the project, are credited against project costs. <br /> <br /> ==136.8.12.3 Post-Construction Property Management==<br /> <br /> ===136.8.12.3.1 Disposal of Property===<br /> <br /> Disposal of right of way no longer required in a Federal-aid project after clearance certification requires specific MoDOT approval. Value is to be determined by the appraisal process. Disposition may be by public sale or negotiations depending on the situation. The net proceeds from any disposal must be used on projects eligible for funding under 23 USC.<br /> <br /> If uneconomic remnants, were acquired with federal funds participation, the federal share must be refunded when the remnant is sold.<br /> <br /> ===136.8.12.3.2 Leasing=== <br /> <br /> '''1. Leasing of Airspace, Land or Right of Way'''<br /> <br /> Property located within the right of way lines of a project is considered to be right of way airspace. Federal regulations require that the LPAs charge fair market value for the sale, use, lease, or lease renewals of right of way airspace that was acquired in whole or in part with federal assistance. <br /> <br /> Regulations provide for use of airspace for non-highway purposes above, at, or below the highways established grade line. Airspace can be put to both public and private uses such as parks, parking etc. When an agency contemplates use of airspace they must consult with MoDOT district office for guidance. Specific approval from MoDOT is required and rates for leasing airspace are to be determined based upon fair market rental rates. <br /> <br /> Net income from funds derived from leasing of airspace are to be used on future Federal-aid projects eligible for funding under 23 USC. <br /> <br /> If right of way and/or uneconomic remnants were acquired with federal funds participation, the federal share must be refunded when the remnant is leased.<br /> <br /> '''2. Leasing of Excess Right of Way ''' <br /> <br /> Acquired property located outside of the right of way limits and that is no longer needed in connection with maintaining an existing roadway or for construction of a future project is considered to be excess ROW. Federal regulations require that properties purchased with federal assistance, but not directly need for program purposes, be disposed of as soon as practical. Federal regulations require that the LPAs charge fair market value for the sale or lease of this property. <br /> <br /> The LPA will need to obtain MoDOT approval to lease or sell right of way. The LPAs request to MoDOT must explain why the right of way is no longer needed, and include a plan which identifies the right of way to be disposed of, including access control, in relation to the construction features and remaining right of way. <br /> <br /> It must be emphasized that the release of access control is a disposal of a property right and must be treated accordingly. <br /> <br /> The fair market value is to be determined by the appraisal process. Disposition may be by public sale or negotiations depending on the situation. Net income from funds derived from leasing of airspace are to be used on future Federal-aid projects eligible for funding under 23 USC.<br /> <br /> ==136.8.12.4 Trail License Agreements==<br /> <br /> The permit for work on the right of way that we assume with the programming agreement does not allow for continued use of the right of way. It generally expires at the end of the construction of the project. If there is any permanent structure or trail on the right of way, a Trail License Agreement should be in place. MoDOT needs an agreement in place to protect the Commission for the use that is occurring.<br /> <br /> Trail License agreements, Airspace agreements, and Lease agreements put this protection in place by maintaining an insurance requirement. For more information you may view the MoDOT RW policy in [https://epg.modot.org/index.php?title=236.5_Property_Management#236.5.25_Leases_and_Airspace_License_Agreements EPG 236.5.25 Leases and Airspace License Agreements].<br /> <br /> This also gives the Central Office Right of Way Section the opportunity to capture the information into their Realty Asset Inventory (RAI) database for maintenance of required inspections and or insurance.<br /> <br /> Leases are structured for a five (5) year term (or less when appropriate). Trail License and Airspace agreements are generally structured to be in place for longer than the standard five (5) year Lease. <br /> <br /> Trail agreements contain language to prohibit Commission owned property from being converted to 6f or 4f property. This restriction can aid MoDOT in avoiding difficulties later and ensure that state right of way is not considered parkland.<br /> <br /> If the trail is going to be built on the interstate system, then FHWA must approve the plans.<br /> <br /> Standard Liability insurance is currently set by statute. Please see your district representative for the current limits per individual and per occurrence. If there is a problem securing the current limits of insurance, please discuss it with the MoDOT district RW representative. MoDOT will review the location, risk and liability before signing the Trail License Agreement.<br /> <br /> If the trail will be constructed above, below, or around a bridge or similar structure, MoDOT will do a risk evaluation called a Security Assessment Form. This will look at the proximity to vehicle traffic and the general public, and what inherent dangers there are in having the trail in this location. <br /> <br /> <br /> <br /> <br /> <br /> [[Category:136 Local Public Agency (LPA) Policy|136.08]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=153.20_Right_of_Way&diff=51942 2022-10-27T18:24:05Z

<p>Hallej1: </p> <hr /> <div>{| border=&quot;1&quot; class=&quot;wikitable&quot; style=&quot;margin: 1em auto 1em auto&quot; style=&quot;text-align:center&quot;<br /> |+ <br /> ! style=&quot;background:#BEBEBE&quot; ROWSPAN=&quot;2&quot;|Available Right of Way Boilerplate Agreements&lt;sup&gt;1&lt;/sup&gt;!!style=&quot;background:#BEBEBE&quot; ROWSPAN=&quot;2&quot;|What triggers the use of this agreement? When is it used?!! style=&quot;background:#BEBEBE&quot; ROWSPAN=&quot;2&quot;|Who are the drafters?!!style=&quot;background:#BEBEBE&quot; ROWSPAN=&quot;2&quot;|Who needs to review the document prior to execution?&lt;sup&gt;2&lt;/sup&gt;!!style=&quot;background:#BEBEBE&quot; colspan=&quot;3&quot;| Who signs for MoDOT?&lt;sup&gt;3&lt;/sup&gt; !!style=&quot;background:#BEBEBE&quot; ROWSPAN=&quot;2&quot; width=&quot;80&quot;|Is acknowledge-&lt;br/&gt;ment by a notary public required? !!style=&quot;background:#BEBEBE&quot; ROWSPAN=&quot;2&quot;|Link to Available Instructions<br /> |-<br /> !style=&quot;background:#BEBEBE&quot;| Executing Signature !!style=&quot;background:#BEBEBE&quot;|Approval as to Form!!style=&quot;background:#BEBEBE&quot;| Attestation Signature <br /> |-<br /> |RW01_&lt;br/&gt;Quitclaim_Deed_&lt;br/&gt;(_MHTC_Grantor_)|| MHTC conveying property|| District ROW || Central Office ROW || In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy] || No || Yes || Yes || -<br /> |-<br /> |RW02_&lt;br/&gt;Quitclaim_Deed_&lt;br/&gt;(_MHTC_Grantee_)|| MHTC acquiring property|| District ROW|| District ROW || In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy] ||No || No || Yes || -<br /> |-<br /> |RW03_&lt;br/&gt;General_Warranty_&lt;br/&gt;Deed_(_MHTC_Grantee_)|| MHTC aquiring property|| District ROW|| District ROW ||In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || Yes || -<br /> |-<br /> |RW04_&lt;br/&gt;General_Warranty_&lt;br/&gt;Deed_(_MHTC_Grantor_)|| MHTC conveying property|| District ROW || Central Office ROW || In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]||No || Yes || Yes || -<br /> |-<br /> |RW08_&lt;br/&gt;Escrow_Agreement&lt;br/&gt;_742A|| MHTC acquiring property using an escrow agent|| District ROW || District ROW || In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || No|| - <br /> |-<br /> |RW10_&lt;br/&gt;Tenant_Escrow_&lt;br/&gt;Agreement_742B|| MHTC acquiring interest from tenant using escrow agent ||District ROW|| District ROW|| In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || No || -<br /> |-<br /> |RW12_&lt;br/&gt;Extension_of_&lt;br/&gt;Possession_Agreement&lt;br/&gt;_564|| MHTC extending possession of property acquired|| District ROW || District ROW|| In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy] || No|| No|| No|| - <br /> |-<br /> |RW13_&lt;br/&gt;Agreement_for_&lt;br/&gt;Utility_Easement|| MHTC conveying utility easement ||Central Office ROW || Central Office ROW || In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| Yes || Yes|| Yes|| - <br /> |-<br /> |RW14_&lt;br/&gt;Lease_of_&lt;br/&gt;Premises_555|| MHTC leasing MHTC property to another party|| District ROW || Central Office ROW ||In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No|| No|| Yes|| -<br /> |-<br /> |RW15_&lt;br/&gt;Release_of_&lt;br/&gt;Structures_and_&lt;br/&gt;Leasehold_727D|| MHTC acquiring tenant structure, like a billboard ||District ROW|| District ROW|| In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No|| No|| Yes|| -<br /> |-<br /> |RW16_&lt;br/&gt;Proposal_for_&lt;br/&gt;Appraisal_Work|| Requesting proposals from fee appraisers|| District ROW|| District ROW ||In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || No|| - <br /> |-<br /> |RW17_&lt;br/&gt;RW_Appraisal_&lt;br/&gt;Agreement_651|| Contracting with fee appraiser|| District ROW || District ROW|| In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || No|| -<br /> |-<br /> |RW18_&lt;br/&gt;Supplemental_Appraisal&lt;br/&gt;_Agreement_652|| Changes made to executed fee appraiser contract ||District ROW || District ROW|| In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || No|| -<br /> |-<br /> |RW20_&lt;br/&gt;RE_Purchase_&lt;br/&gt;Agreement_744|| MHTC acquiring property without escrow agent|| District ROW || District ROW ||In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || No|| -<br /> |-<br /> |RW21_&lt;br/&gt;Right_of_Entry|| Permission to enter upon private property|| District ROW|| District ROW|| In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || No|| -<br /> |-<br /> |RW22_&lt;br/&gt;Sales_Agreement_545|| MHTC selling property for money|| District ROW || District ROW|| In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || No|| -<br /> |-<br /> |RW23_&lt;br/&gt;Easement_for_&lt;br/&gt;Highway_Purposes_474|| MHTC acquiring permant easement|| District ROW|| District ROW || In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || Yes|| -<br /> |-<br /> |RW24_&lt;br/&gt;Temporary_Easement&lt;br/&gt;_for_Highway&lt;br/&gt;_Purposes_475|| MHTC acquiring temporary easement|| District ROW|| District ROW|| In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || Yes|| -<br /> |-<br /> |RW25_&lt;br/&gt;Partial_Deed&lt;br/&gt;_of_Release|| MHTC acquiring property encumbered by lien|| District ROW|| District ROW ||In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || Yes || -<br /> |-<br /> |RW27_&lt;br/&gt;Road_Relinquishment&lt;br/&gt;_Agreement_533|| MHTC relinquishes a roadway|| District ROW, Distrct Maint., Design, AE, PM, LPA Planning Specialist|| CO &amp; District ROW, Design, Maint., Traffic|| In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| Yes|| Yes|| No|| [[236.14 Change in Route Status Report#236.14.6 Roadway Relinquishment Agreement|EPG 236.14.6]]<br /> |-<br /> |RW28_&lt;br/&gt;Airspace_License&lt;br/&gt;_Agreement|| MHTC allowing something like a walking trail over the roadway or a tunnel below a roadway ||District ROW, Distrct Maint., District TP, AE, PM|| CO &amp; District ROW, Design, Maint., Traffic|| In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| Yes|| Yes|| Yes|| [[236.5 Property Management#236.5.25 Leases, Licenses and Airspace License Agreements|EPG 236.5.25]]<br /> |-<br /> |RW29_&lt;br/&gt;Exclusive_Right&lt;br/&gt;_to_Sell_Agreement|| MHTC contracting to sell property through broker|| District ROW|| District ROW|| In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || No|| -<br /> |-<br /> |RW31_&lt;br/&gt;Mediation_Services&lt;br/&gt;_Agreement|| Agreement to hire a mediator|| District ROW|| District ROW|| In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || No|| -<br /> |-<br /> |RW33_&lt;br/&gt;Proposal_for_&lt;br/&gt;Contract_Negotiation_784|| Request proposals for fee negotiator|| District ROW || District ROW ||In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || No|| -<br /> |-<br /> |RW34_&lt;br/&gt;Negotiator_Services_&lt;br/&gt;Agreement_785|| Agreement to hire fee negotiator|| District ROW|| District ROW ||In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || No|| -<br /> |-<br /> |RW35_&lt;br/&gt;Supplemental_Negotiation&lt;br/&gt;_Services_&lt;br/&gt;Agreement_786|| Changing existing negotiator agreement ||District ROW|| District ROW ||In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || No|| - <br /> |-<br /> |RW36_&lt;br/&gt;Relinquishment_of_&lt;br/&gt;Outer_Roadway_&lt;br/&gt;Agreement|| MHTC relinquishing outer roadway|| District ROW, Distrct Maint., AE, PM, LPA Planning Specialist|| CO ROW, Design, Maint. || In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| Yes|| Yes|| No|| [[236.14 Change in Route Status Report#236.14.6 Roadway Relinquishment Agreement|EPG 236.14.6]]<br /> |-<br /> |RW37_&lt;br/&gt;Trailway_License_Form|| MHTC allowing trail to be partially constructed on MHTC property|| District ROW, Distrct Maint., District TP, Distrct LPA,AE, PM|| CO ROW, Design, Maint., Traffic|| In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| Yes|| Yes|| Yes ||[[236.8 Relocation Assistance Program#236.8.11.4 Computations - Actual Rental Subsidy Payment Due Relocatee|EPG 236.8.11.4]]<br /> |-<br /> |RW39_&lt;br/&gt;Voluntary_Annexation&lt;br/&gt;_Petition|| When MHTC agrees to voluntarily annex ROW|| District ROW || District ROW ||In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No|| No|| No|| - <br /> |-<br /> |RW40_&lt;br/&gt;Acceptance_of&lt;br/&gt;_Conveyance|| When MHTC accepts property|| District ROW || District ROW || In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || Yes|| -<br /> |-<br /> |RW41_&lt;br/&gt;Salvage_Agreement|| When owner salvages an acquired structure|| District ROW || District ROW|| In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || Yes|| -<br /> |-<br /> |RW42_&lt;br/&gt;Acceptance_of_&lt;br/&gt;Conveyance_by_&lt;br/&gt;County_or_Other|| When property is conveyed to county or city ||District ROW|| Central Office ROW|| In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || Yes|| -<br /> |-<br /> |RW44_&lt;br/&gt;Title_Company_&lt;br/&gt;Services_Contract|| Agreement to hire title company|| District ROW || District ROW|| In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || No|| -<br /> |-<br /> |RW45_&lt;br/&gt;City_Monument_Form|| When City erects welcome to sign on MHTC ROW|| District and CO ROW and Traffic ||CO ROW and Traffic|| In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| Yes || Yes || Yes|| [[:Category:941 Permits and Access Requests#941.5 Request by a City to Construct a “WELCOME TO” Monument|EPG 941.5]]<br /> |-<br /> |RW46_&lt;br/&gt;Partial_Waiver_&lt;br/&gt;and_Reset_Agreement|| When a billboard is reset rather than purchased|| Central Office and Distrct ROW-ODA|| District and CO ROW || In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No|| No|| Yes|| - <br /> |-<br /> |RW47_&lt;br/&gt;Lease_of_&lt;br/&gt;Premises_Agreement|| MHTC leasing non-MHTC property|| District ROW|| Central Office ROW &amp; GS ||In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| Yes|| Yes|| No|| -<br /> |-<br /> |RW48_&lt;br/&gt;Assignment_of_&lt;br/&gt;Lease_of_Premises|| Lessee assigning lease of MHTC property|| District ROW || Central Office ROW &amp; GS || In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No|| No|| Yes|| -<br /> |-<br /> |RW51_&lt;br/&gt;City_Monument_Form&lt;br/&gt;Installed|| When City erects welcome to sign on MHTC ROW|| District and CO ROW and Traffic ||CO ROW and Traffic|| In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| Yes || Yes || Yes|| [[:Category:941 Permits and Access Requests#941.5 Request by a City to Construct a “WELCOME TO” Monument|EPG 941.5]]<br /> |-<br /> |RW52_&lt;br/&gt;Special_Warranty_&lt;br/&gt;Deed_(_MHTC_Grantee_)|| MHTC acquiring property ||District ROW || District ROW ||In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || Yes || -<br /> |-<br /> |RW53_&lt;br/&gt;Special_Warranty_&lt;br/&gt;Deed_(_MHTC_Grantor_)|| MHTC conveying property|| District ROW|| Central Office ROW || In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || Yes || Yes || -<br /> |-<br /> |RW54_&lt;br/&gt;Sales_Agreeement&lt;br/&gt;_(Nominal_Consideration)|| MHTC conveying property for $1|| District ROW|| District ROW || In accordance with [http://www.modot.org/about/MHTCPolicies.html MHTC Policy]|| No || No || No|| - <br /> |-<br /> |RW55&lt;br/&gt;Release_of_Tenant&lt;br/&gt;Interest || When MHTC acquires interest from tenant|| District ROW || District ROW || District Engineer || No || No || No || -<br /> |-<br /> |RW56&lt;br/&gt;Master_Services&lt;br/&gt;Agreement || Master Agreement for On-Call Consultant Contracts|| ROW Liaisons|| Asst. to the State Design Engineer-ROW and ROW Liaisons|| Director’s Office|| Yes|| Yes|| No|| -<br /> |-<br /> |RW57&lt;br/&gt;MOU_for_on-Call&lt;br/&gt;Right || MOU for On-Call Consultant|| ROW Manager|| Asst. to the State Design Engineer-ROW and ROW Liaisons|| District Engineer/Division Head|| Yes|| Yes|| No|| -<br /> |-<br /> |RW58_&lt;br/&gt;RW_Appraisal_&lt;br/&gt; Review_Agreeement || Contracting with fee review appraiser|| District ROW|| District ROW || District Engineer|| No || No || No|| - <br /> |-<br /> |RW59_&lt;br/&gt;ROW_Services&lt;br/&gt;Agreeement|| Consultant Contract via RFP|| ROW Manager|| Asst. to the State Design Engineer-ROW and ROW || District Office|| Yes || Yes || No|| - <br /> |-<br /> |RW60_&lt;br/&gt;Trailway_License&lt;br/&gt;Agreement_Extension|| MHTC allowing trail to be partially constructed on MHTC property|| Maint., District TP, District LPA, AE, PM|| CO ROW, Design, Maint., Traffic || Director's Office || Yes || Yes || Yes|| [[236.8 Relocation Assistance Program#236.8.12.4 Advance Down Payment Assistance|EPG 236.8.12.4]] <br /> |-<br /> |colspan=&quot;9&quot; align=&quot;left&quot;|'''1''' Use the [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements site] to find and begin drafting the corresponding boilerplate agreement. <br /> |-<br /> |colspan=&quot;9&quot; align=&quot;left&quot;|'''2''' Any agreement that is changed from its original form must be reviewed by CCO. Please refer to [[:Category:153 Agreements and Contracts#153.1.4 Step 3, Chief Counsel’s Office (CCO) Review|EPG 153.1.4 Step 3, Chief Counsel’s Office (CCO) Review]] and throughout EPG 153 for guidance on when to contact CCO. When in doubt, do not hesitate to contact CCO for guidance.<br /> |-<br /> |colspan=&quot;9&quot; align=&quot;left&quot;|'''3''' Can also be found in the Execution of Documents Policy <br /> |} <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> [[Category:153 Agreements and Contracts|153.20]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=106.17_New_Product_Evaluation&diff=51795 2022-08-30T16:02:59Z

<p>Hallej1: </p> <hr /> <div>[[image:106.19.jpg|right|125px]]<br /> {|style=&quot;padding: 0.3em; margin-right:10px; border:2px solid #a9a9a9; text-align:left; font-size: 95%; background:#f5f5f9&quot; width=&quot;360px&quot; align=&quot;left&quot; <br /> |-<br /> |align=&quot;center&quot;|'''New Product Submittals'''<br /> |-<br /> |With each new product submittal, the following information must be provided:<br /> |-<br /> |• [https://www.modot.org/traffic New Product Evaluation Form]<br /> |-<br /> |• The applicable MoDOT Specification<br /> |-<br /> |• An appropriately sized sample<br /> |-<br /> |• The Material Safety Data Sheet<br /> |-<br /> |• The required product documentation<br /> |-<br /> |• Any applicable test results<br /> |-<br /> |• All necessary [[106.12 Pre-Acceptance Lists (PAL)|PAL]] documentation (if for PAL submittal)<br /> |-<br /> |• Any additional product information that will be beneficial for our review<br /> |}<br /> <br /> <br /> The [https://www.modot.org/traffic New Product Evaluation Form] submits new products for possible addition to the MoDOT pre-established product lists (Construction and Material’s Qualified List (QL), Pre-Acceptance List (PAL), Crashworthy End Terminal Listing (CETL), or Traffic’s Approved Products List (APL) for Traffic Signals and Highway Lighting Equipment). This form shall also be used to submit new products where no MoDOT standard or specification currently exists (that is, for new products considered experimental or innovative). A separate form must be completed for each new product submitted. MoDOT may require updates, re-completion of this form or further testing to maintain approved status of products. <br /> <br /> In an effort to make the new products evaluation procedure more efficient and to track all new submittals, MoDOT has adopted a one-person central contact. All submittals will be sent to the New Products Coordinator, located in [https://modotgov.sharepoint.com/sites/cm Construction and Materials Division]. The New Products Coordinator will be in direct contact with the appropriate divisions for product evaluation. <br /> <br /> Upon submittal, the New Products Coordinator reviews the completed New Product Evaluation (NPE) Form along with accompanying information for MoDOT use. Incomplete NPE forms and/or erroneous information on the form cause products to be rejected for evaluation. The New Products Coordinator contacts the highway authorities and other state agencies that the vendor reports as using the product. In performing the initial review, the following will be considered: <br /> <br /> :1) Does the documentation received indicate that the product will perform as stated? <br /> :2) Does a true need exist for the product in MoDOT? <br /> :3) Will the product be economically competitive? <br /> <br /> This form is used for all products, routine or otherwise. As such, the amount of testing and type of evaluation required for MoDOT approval will depend on many factors and will be determined by the appropriate MoDOT personnel that use similar products. Following the review of the completed NPE Form, the New Products Coordinator will consult pertinent MoDOT divisions. If MoDOT desires to further evaluate or test this product, MoDOT determines the methods and needs, then contacts the manufacturer/supplier with details. The manufacturer/supplier may need to supply, at no cost to MoDOT, the product and any special equipment needed to install the product at a MoDOT test site. The manufacturer/supplier will be encouraged to install the product. <br /> <br /> One of the roles of the New Products Coordinator is to track the status of all product submittals. These tracking classifications are important to share with MoDOT personnel so that decisions can be made and MoDOT personnel are informed of what is being evaluated. Examples of MoDOT new product status classifications: <br /> <br /> ::*Proposed: Recently submitted and under initial review. <br /> ::*Declined: Declined for further evaluation. <br /> ::*Currently evaluating: Under evaluation for potential department use. <br /> ::*Approved for use: Evaluated and approved for MoDOT use. <br /> ::*Not approved for use: Evaluated and rejected for MoDOT use. <br /> <br /> '''Submit completed forms to:''' <br /> :::Attn: New Products Coordinator <br /> ::::MoDOT Research <br /> ::::1617 Missouri Blvd <br /> ::::PO BOX 270 <br /> ::::Jefferson City MO 65109 <br /> <br /> :::Email: npef@modot.mo.gov <br /> <br /> [[Category:106 Control of Material]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=902.4_Signal_Installations_and_Equipment&diff=51794 2022-08-30T15:32:54Z

<p>Hallej1: /* 902.4.2.3 Experimental Equipment */</p> <hr /> <div>==902.4.1 New Signal Installations==<br /> <br /> '''Standard.''' New signalized intersections shall accommodate pedestrians with curb ramps, accessible pedestrian signals and detectors (with audible tones or messages, and vibratory surfaces), and pavement markings if sidewalks are present or planned. <br /> <br /> '''Guidance.''' Normal procedure for installation of traffic control signals, after having been found warranted and justified, is to provide for their installation through normal construction programming. New signalized intersections shall accommodate pedestrians with curb ramps, accessible pedestrian signals and detectors, and pavement markings if sidewalks are present or planned. If the need for a traffic signal becomes a matter of urgency, signals can be considered for installation through department forces, contract, or a combination of the two. It is in no way considered as a replacement for the normal construction programmed signal installation. In addition, warranted signals can be installed at developments by permit. <br /> <br /> After it has been identified that signals are needed at an intersection, it will be necessary to identify funding for the installation. The type of installation and the source of funding will depend on many factors. It is usually necessary to develop a priority list of intersections, since funding is not available to signalize every intersection that meets signal warrants. District Traffic will determine the signal control type before design of the preliminary signal layout is started. <br /> <br /> '''Support.''' See [[620.2 Pavement and Curb Markings (MUTCD Chapter 3B)#620.2.18 Crosswalk Markings (MUTCD Section 3B.18)|EPG 620.2.18 Crosswalk Markings]] for additional information. <br /> <br /> ===902.4.1.1 Conditions for installation by permit===<br /> <br /> '''Guidance.''' When an installation is warranted and justified under any of the warrants in this policy and if the owner of the commercial establishment desires the traffic signal to be installed in advance of the time it can be scheduled for installation by the department, the owner can apply for a permit for such installation. The following conditions will apply:<br /> <br /> '''Standard.''' The applicants shall provide a complete design of intersection. Design features shall be in accordance with Commission design practices. Plans shall be prepared by a qualified engineer and developed under MoDOT's guidelines and shall require approval by the department. <br /> <br /> Geometric improvements shall be constructed in accordance with Commission's standards and specifications. <br /> <br /> The applicant shall pay all costs for the permanent signal installation and any required geometric improvements. The Commission will provide electrical power, maintenance of the signal after it is completed and accepted and future replacement if needed, all at no cost to the applicant. Upon completion and acceptance of the installation, the signal and all appurtenances shall become the property of the state. <br /> <br /> An agreement with the Commission for the installation of the traffic signal shall be executed as part of the permit. The standard contract &quot;Agreement for the Installation of a Traffic Signal by Others to be Maintained by the Commission&quot; (TR16) is available.<br /> <br /> ===902.4.1.2 Installation Cost of Signals===<br /> <br /> '''Standard.''' If the need is established by a traffic study and the intersection meets a warrant(s), a method of funding the installation shall be determined. <br /> <br /> '''Guidance.''' Ideally, a signal to be installed will be placed upon the Right of Way and Construction Program but other methods of funding may be available.<br /> <br /> ====902.4.1.2.1 Right of Way and Construction Funding====<br /> <br /> '''Guidance.''' The installation of permanent signals could be funded by right of way and construction funds.<br /> <br /> '''Standard.''' For new construction or programmed major improvements, intersections that are currently signalized or meet warrants for signals shall have permanent signals included in the design. <br /> <br /> '''Option.''' If no improvements are programmed, it may be possible to program permanent signal installations.<br /> <br /> '''Support.''' Contact district Design or Planning for information on status of programmed projects or the possibility of programming signals. In some cases, signals could be installed on a high hazard project that is also part of the right of way and construction program. <br /> <br /> ====902.4.1.2.2 District Funding====<br /> <br /> '''Option.''' It may become necessary to install signals prior to the time they can be provided through the normal Right of Way and Construction Program. Intersections that satisfy the warrants described in [[902.3 Traffic Control Signal Needs Studies (MUTCD Chapter 4C)|EPG 902.3]], may qualify for the installation of signals with internal funds.<br /> <br /> ====902.4.1.2.3 Funding by Others====<br /> <br /> '''Guidance.''' If an industrial plant, factory, or commercial entrance meets a warrant for signal installation, the owner can provide, at no cost to MoDOT, the traffic signal and the intersection geometric improvements. <br /> <br /> '''Standard.''' Signalization and geometric improvements shall be designed and constructed in accordance with existing MoDOT design standards and a permit shall be required. The traffic signal, after installation, becomes the property of MoDOT. At no cost to the owner, MoDOT shall provide power, maintain, replace or upgrade the traffic signal. Work zone traffic control for intersection improvements shall also be in accordance with existing MoDOT design standards.<br /> <br /> '''Guidance.''' These installations of permanent signals are usually completed through the permit process. When a design project is in an area where a commercial entrance meets signal warrants, MoDOT is to install signals. <br /> <br /> At locations where peak hour commercial signals are being installed, advanced flashers with applicable advanced warning signing are to be installed.<br /> <br /> The policies for school signals, fire station signals and other special signal installations are covered in later sections.<br /> <br /> ==902.4.2 Controllers and Equipment==<br /> <br /> ===902.4.2.1 Controller and Cabinet Replacement Program===<br /> <br /> '''Guidance.''' Routine replacement of control equipment assists in maintaining and operating a reliable system. Signal controllers should be replaced at 10 years of age or older and cabinets should be replaced at 25 years of age or older. <br /> <br /> '''Option.''' Cabinets and controllers may be replaced sooner than the recommended age. Controllers or cabinets experiencing higher than normal maintenance should be considered for replacement regardless of age.<br /> <br /> '''Support.''' Controllers replaced under this replacement program do not automatically generate a need to modify ADA-related pedestrian accommodations. However, some controller replacements will lead to a need for such changes. For more information on this subject, see [[642.4 Impact of the Project Category on ADA|EPG 642.4 Impact of the Project Category on ADA]].<br /> <br /> ===902.4.2.2 [http://www.modot.mo.gov/business/contractor_resources/traffic.htm Approved Products Lists] and Equipment Evaluations===<br /> <br /> '''Support.''' MoDOT has developed an Approved Products List (APL) containing many items used in signals and lighting. The APL is based on equipment that meets department specifications and has been tested for a specified test period with satisfactory performance. This list helps MoDOT purchase reliable products for traffic signals and highway lighting. This list is included in the bid requests for applicable equipment purchases and is also included in construction contracts that include signals or lighting. <br /> <br /> [[106.17 New Product Evaluation|MoDOT frequently tests new products and equipment]] for signals. These new products can be installed on a construction project, purchased on parts orders or with controller orders. Only a limited number of units will be accepted for test statewide until an item is added to the approved products list. <br /> <br /> '''Standard.''' All equipment evaluations are coordinated through Traffic and are reviewed by the Traffic Signal Quality Circle. The vendor supplying the equipment must fill out the [https://www.modot.org/traffic New Product Evaluation Form] and provide equipment specifications and a certification that the equipment meets MoDOT specifications before the test is performed. The equipment is tested for the period specified on the approved products list. <br /> <br /> '''Option.''' Products that are not performing satisfactorily may be replaced at any time if the vendor cannot provide timely correction of the problem or if unsatisfactory operation of the intersection results. <br /> <br /> '''Standard.''' Upon completion of the test, the district shall complete the [[media:902.10.2 Product Evaluation Form for Signal and Lighting Equipment.doc|Product Evaluation Form - Signal and Lighting Equipment]] and submit it to Traffic. The evaluation is reviewed by the Traffic Signal Quality Circle for addition to the APL or for rejection.<br /> <br /> If a vendor is proposing a product that does not meet department specifications, the vendor shall provide a written explanation to Traffic of why the product does not meet the current specifications and why the product should be evaluated. If approved for evaluation, the product is tested for the specified period as described above. After evaluation and if the product is satisfactory, Traffic will consider making a recommendation to revise the applicable specifications. If specifications are not revised, then the products that does not meet specifications will not be added to the approved products list.<br /> <br /> ===902.4.2.3 Experimental Equipment===<br /> <br /> '''Guidance.''' MoDOT often evaluates experimental equipment for traffic signals. Experimental equipment can be new products or products that vary considerably from our current standards or practices. The evaluation of experimental products can be initiated by district or Central Office staff, as part of a research project, as an implementation of an employee idea, etc. <br /> <br /> The evaluation of experimental equipment for traffic signals is coordinated through Traffic and may involve other functional units such as Research. If the evaluation is part of a research project, then the project will provide guidelines for testing. Products can be evaluated in a similar manner to that described in EPG 902.4.2.2 Some items to consider before evaluating experimental equipment are as follows: <br /> <br /> :* What improvement will the equipment provide? <br /> :* Does the equipment conform to National and State standards? <br /> :* Is the equipment cost effective? <br /> :* Are funds available? <br /> :* What are the advantages and disadvantages of the equipment? <br /> :* How will the effectiveness of the equipment be tracked? <br /> :* What criteria will be used to determine if the equipment is satisfactory? <br /> <br /> The [[media:902.10.2 Product Evaluation Form for Signal and Lighting Equipment.doc|Product Evaluation Form – Signal and Lighting Equipment]] can be used for evaluation of experimental equipment.<br /> <br /> ==902.4.3 Annual Orders and District Signal and Lighting Equipment Purchases==<br /> <br /> '''Guidance.''' Highway Safety and Traffic Division will coordinate annual orders for signal and lighting equipment purchases. The intent of annual orders is to combine orders from all districts to develop larger quantities and to save duplication of work. <br /> <br /> '''Standard.''' Annual orders are limited to items that will be purchased in larger quantities and can be bid competitively. For signal and lighting annual orders, it is important that only these types of items be included in the requests. Proprietary items, model specific replacement parts, and small quantity items are to be purchased at the district level. <br /> <br /> '''Option.''' There are many common &quot;off-the-shelf&quot; items that can be purchased at local suppliers, saving time, and in many cases money. Traffic staff may ask the districts to order some items from annual orders on their own if it does not appear they will benefit from the annual order process. <br /> <br /> '''Standard.''' District purchases are to follow General Services’ guidelines for purchasing. <br /> <br /> '''Support.''' Some information that General Services might need to include in equipment bids are: <br /> <br /> :* Reference to the Standard Specifications (if applicable). Indicate the exact section that applies. <br /> <br /> :* Reference to the approved products list (if applicable). Include a copy of the current list. <br /> <br /> :* Supplemental specifications (if applicable). Include a copy of the specifications. An example is signal controller purchases. Traffic maintains supplemental purchase specifications for controllers and other items.<br /> <br /> <br /> <br /> <br /> <br /> <br /> [[Category:902 Signals|902.04]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=570.2_Joint_and_Crack_Maintenance&diff=51793 2022-08-30T15:25:48Z

<p>Hallej1: /* 570.2.7 Experimental Joints */</p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:15px; border:1px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;160px&quot; align=&quot;right&quot; <br /> |-<br /> |'''Maintenance Planning Guides'''<br /> |-<br /> |[[:Category:170 Maintenance Activity Planning Guidelines#R315 Pavement Preventative Maintenance (LM)|Sealing Cracks, Joints and Edge Cracks]]<br /> |-<br /> |<br /> ----<br /> |-<br /> |[[:Category:170 Maintenance Activity Planning Guidelines#R311 Patching Roads|Pothole Patching (Permanent Partial Depth Repair on Asphaltic or Concrete Pavements)]]<br /> |}<br /> ==570.2.1 Filling and Sealing==<br /> Joints and cracks opened sufficiently (1/8&quot; or more) to allow pouring should be filled or sealed to exclude foreign matter and prevent spalling, preserve the original filler and provide a smooth riding surface. Expansion joints require special treatment. Sawed contraction joints ordinarily are not to be poured unless the filler placed at the time of construction has completely deteriorated.<br /> <br /> Pouring or sealing of cracks should be done in the latter part of the year when cracks have opened and temperatures are below 40 degrees F. It should be completed preferably before January 1, to exclude moisture for heavy winter snows. Work should not be done during extremely low temperatures, cutbacks should not be used when the pavement is wet and emulsions should not be used when the temperature is below freezing.<br /> <br /> RC-800 or RC-3000 cutback asphalt or CRS-2 emulsified asphalt is used for the filler. Pouring is usually done with cone shaped pouring pots or with wands connected to a distributor. The temperature of the asphalt filler must be maintained to required temperatures and care exercised in pouring to hold the pouring to a minimum and minimize tracking of asphalt on to the centerline stripe. Blotting material, usually sawdust or sand, should be applied immediately to help prevent tracking. A box type bin mounted on the front end of a truck provides a convenient and safe source for filing individual sawdust or sand containers. The refilling of a bin from the supply truck should be done off the roadway. Where crack pouring is extensive and free sawdust is readily available a spreader truck may be used to spread sawdust.<br /> <br /> Squeegees should be used to mop transverse joints on P.C.C. pavements that are subject to &quot;D&quot; cracking as this operation will prolong the life of the pavement. Mopping should start when the area adjacent to the transverse joints start to show extensive cracks and prior to spalling adjacent to the joints. The mopping operation will delay this spalling extending the life of the pavement. Liquid asphalt used in the mopping operation should be blotted with a light coating of fine cinders (wet bottom boiler slag) or sand.<br /> <br /> Squeegees are not to be used on centerline, lane line, transverse except &quot;D&quot; cracked transverse joints, or random cracks. The only cracks where squeegees are to be used are widening cracks and &quot;D&quot; cracked transverse joints.<br /> <br /> Care must be taken in using the squeegee to minimize tracking of asphalt onto the edge line. It should not be used continuously if it can be avoided. In areas where the widening cracks are not severe, the crack or cracks should be poured with normal pouring methods in order to reduce the loss of frictional resistance in a portion of the wheel track.<br /> <br /> ==570.2.2 Edge Cracks==<br /> Edge cracks between ridge pavements and bituminous treated shoulders shall be filled and blotted with sand. The cracks should be checked several times yearly especially during the first year or two after construction and should be filled as needed to exclude water at all times. Any vegetation present in these cracks shall be treated with herbicide chemicals.<br /> <br /> ==570.2.3 Sawed Joints==<br /> Sawed contraction joints may be sealed in the same manner as other contraction joints or cracks but only when the filler placed at the time of construction no longer seals the joint or when it has deteriorated so badly that foreign matter is admitted. Normally, sawed joints require very little sealing for years after construction but these should be checked annually for need.<br /> <br /> ==570.2.4 Spalled Joints or Cracks==<br /> Joints or cracks which have become excessively spalled or open should be filled with a sand-asphalt mix, such as &quot;Black Annie&quot; or other fine graded mix. This should be done in conjunction with crack and joint pouring if of a minor nature. If the spalling is continuous at the center joint, it may be filled by using a small sled type hopper with a strike-off blade set high enough to allow for compaction. This spalled area should be thoroughly cleaned and lightly tacked and the material compacted thoroughly.<br /> <br /> ==570.2.5 Removing Excess Joint Filler Material==<br /> Filler material extruding from joints and cracks to such an extent that it forms objectionable ridges and bumps and, in some cases, is being tracked, should be removed. This can be accomplished by cutting off the excess material with a motorgrader or by heating with a burner and scraping. Any material cut off must be removed from the pavement and traffic should not be allowed to pack the cuttings down after cutting with a motorgrader. Extruded expansion material in concrete medians, which is unsightly in appearance, can be scraped off with straight hoes.<br /> <br /> ==570.2.6 Expansion Joints==<br /> Expansion joints such as those placed at bridge approaches to allow for expansion or to prevent &quot;blow-ups&quot; should never be filled with patching or mat material. Use a mixture of cutback asphalt and sawdust, tamp thoroughly to within 1&quot; of the top and fill the remainder with a sand-asphalt mix. These joints must be checked closely and cleaned and refilled as necessary to allow for expansion and to provide a smooth riding surface. Expansion joints should be cut when temperatures are cool and as straight vertically and horizontally as possible. These cuts should be made with a concrete saw if available. In some cases it may be necessary to cut more than one expansion joint at bridge approaches to relieve the stress. If necessary, the joints should be cut approximately 50 and 100 ft. from the end of the bridge and should not be wider than 3 in.<br /> <br /> ==570.2.7 Experimental Joints==<br /> Test joints filled with pre-molded rubber joint material or other types of joints constructed for experimental purposes shall be checked periodically and failures reported to the Maintenance Division. These joints should not be poured or repaired without approval of the Maintenance Division, with the concurrence of Research.<br /> <br /> ==520.2.8 Metal Center Strip==<br /> Metal center strip that has deteriorated to the point where it becomes a hazard should be removed. All the metal strip including the vertical portions and the necessary concrete should be removed with air hammer chisels and the resultant V-shaped trench filled with a sand-asphalt mix or other fine graded high type mix. The area to be filled must be cleaned with compressed air, primed lightly, and the mix compacted thoroughly with air tempers. If not compacted thoroughly, the resultant settlement or hump will be a hazard to traffic.<br /> <br /> ==520.2.9 Spot Seal Coating==<br /> Spot seal coating consists of sealing lean, oxidized, or map cracked areas small in size. If spot sealing cannot be controlled to a maximum of 10 percent per mile of the roadway surface on each mile at any one time, other means of repair should be considered.<br /> <br /> Spot sealing is considered preventive maintenance and should be done before the oxidized or cracked areas deteriorate further. It should be done during hot weather, preferably the summer and early fall months, from May 15 to September 15.<br /> <br /> CRS-2 emulsified asphalt is normally used. The asphalt is applied with a hand spray or distributor dependent on the actual and contemplated size of failure. Experience determined which method is the most economical and practical. Normally the hand spray method is only practical when the failures are small spot failures and not progressive. The asphalt is applied at an average rate of .35 gal/yd&lt;sup&gt;2&lt;/sup&gt;, but control is difficult and the amount should be just sufficient to embed the aggregate enough to hold. Excessive asphalt will cause subsequent bleeding especially if the work is being done in cold weather.<br /> <br /> The placement of cover aggregate should immediately follow the application of asphalt and be spread at the rate of 25 to 30 pounds/yd&lt;sup&gt;2&lt;/sup&gt;. On all work, the amount should be controlled closely to prevent waste. It may be spread by hand, tailgating from a truck, or by a mechanical spreader. All areas shall be rolled immediately with a steel drum roller. Where the template of the road is poor rolling should also be done with a loaded truck. Rolling should be continued until the aggregate is firmly embedded. Cover aggregate should not exceed 1/2 in. maximum size for warm weather, and 1/4 in. maximum for cooler weather, unless the treated areas is such that larger aggregate can be embedded firmly to provide for more stability. On higher type surfaces, the aggregate must meet specifications for seal coat aggregate. Crush creek gravel may be used only if no other cover aggregate is available. If used, a minimum amount should be applied and additional rolling performed to embed such aggregate firmly. Brooming should be kept to an absolute minimum and any brooming done should be done lightly.<br /> <br /> If the areas sealed lose their cover aggregate, additional aggregate should be applied and the areas rolled well. If the aggregate will not embed, sharp, clean sand should be applied and rolled wall to check the bleeding.<br /> <br /> Proper [[616.23 Traffic Control for Field Operations|traffic control]], flagging and signing must be used on spot sealing operations to assure the safety of the public and our crews, and to minimize the whipping off of aggregate by traffic.<br /> <br /> [[Category:570 Portland Cement Concrete Pavement Maintenance]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=Category:173_Erosion_Control_for_Maintenance_Operations&diff=51792 2022-08-30T15:25:04Z

<p>Hallej1: /* 173.8.3 Additional References */</p> <hr /> <div>[[image:173.jpg|right|400px]]<br /> MoDOT takes great pride in being a good steward of the environment. As part of Maintenance operations, we must strive to protect, conserve and enhance the environment while maintaining and operating a complex transportation infrastructure.<br /> <br /> EPG 173 offers examples on how to maintain roadway slopes and ditches to prevent erosion and slides and how to repair slopes and ditches when they are impacted by slope erosion and slides. [[#173.1 Regulation and Permits|EPG 173.1 Regulations and Permits]] outlines the rules and regulations that set the boundaries for MoDOT’s actions. Typically, eroded ditches, slopes or stream banks have been repaired with rip-rap material to mitigate future erosion. The following articles outline specific examples on prevention and repair with step-by-step pictorial overviews.<br /> <br /> ==173.1 Regulation and Permits==<br /> <br /> There are many laws in effect today that were enacted in an effort to protect the nation’s natural environment. These laws have a direct effect on the way MoDOT conducts business, as it is MoDOT’s commitment to remain environmentally<br /> responsible. One law in particular, the Clean Water Act (CWA), was enacted to protect the nation’s waters from pollutants. Sections 401, 402, and 404 of the Clean Water Act influence many of MoDOT’s day to day activities. The Department of Army Corps of Engineers (COE) administers Sections 401, 402 and 404 of the Clean Water Act. [http://www.usace.army.mil/Pages/default.aspx Specific COE district office location information] is available.<br /> <br /> ===173.1.1 Do You Need a Section 404 Permit?===<br /> Throughout the work descriptions below, you will notice a couple of recurring terms: Clean Rock Fill and Ordinary High Water Mark (OHWM or OHW). For the purposes of this article, these terms shall be defined as follows:<br /> <br /> :'''Clean Rock Fill.''' You must use only graded rock, quarry-run rock and/or clean concrete rubble for rip-rap. The material must be reasonably well graded, consisting of pieces varying in size from 20 pounds up to and including at least 150 pound pieces. Generally, the maximum weight of any piece should not be more than 500 pounds. Gravel and dirt should not exceed 15% of the total fill volume. If you use concrete rubble, you must break all large slabs to conform to the well graded requirement, and remove all exposed reinforcement rods, trash, asphalt, and other extraneous materials before you place the rubble in the waters of the United States. Size and gradation requirements can be changed provided approval is received from the Corps’ Regulatory Branch prior to placement.<br /> <br /> :'''Ordinary High Water Mark (OHWM or OHW).''' The term ordinary high water mark means that line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.<br /> <br /> ===173.1.2 User Notes and Cautions===<br /> <br /> * ANY WORK WITHIN JURISDICTIONAL WETLANDS WILL REQUIRE AUTOMATIC PRE-CONSTRUCTION NOTIFICATION TO THE US ARMY CORPS OF<br /> ENGINEERS.<br /> <br /> * Some streams have sensitive fish, mussels, and other species in them and as a result may have date restrictions of when MoDOT can work in the stream.<br /> <br /> * When in doubt, ALWAYS contact the MoDOT Design-Environmental Section at (573) 526-4778 prior to starting your activity.<br /> <br /> ===173.1.3 MT Activities that DO NOT Require a Section 404 Permit===<br /> [[image:173.1.3.jpg|right|400px]]<br /> * Hand-cutting (with a chainsaw) logs and brush that build up against our structures.<br /> <br /> * Dipping out (with a trackhoe or equivalent piece of equipment) logs and brush that build up against our structures. NOTE: This work must be done without entering the stream channel with a &lt;u&gt;tracked vehicle&lt;/u&gt; (you can enter the stream with a rubber tired vehicle, as long as you ARE NOT pushing material around), either from the high bank or the bridge/roadway, and the logs/brush must be placed in an upland location, where there is not a chance of them endangering our structure again.<br /> <br /> * Rubber tired vehicle in the stream channel to dip out sand/silt/gravel material. You CAN NOT push material around with a loader or skid steer; you must use a bucket to DIP MATERIAL OUT.<br /> <br /> * Placing clean rock fill or shaping a streambank (laying a bank back for stability) ABOVE THE ORDINARY HIGH WATER MARK.<br /> <br /> ===173.1.4 MT Activities that are Covered Under Existing Nationwide or General Permit that DO NOT Require Pre-construction Notification to the Corps===<br /> <br /> * Streambank stabilization that can involve armoring a bank with clean rock fill or protecting the toe of a bank with clean rock fill. This includes stabilizing the banks behind culvert wing walls and on bridge spill fills (NOTE: This activity CAN NOT exceed 500 ft. in length and/or 1 cubic yard per running foot of fills below the ordinary high water mark (This work is covered under Nationwide Permit #13).<br /> <br /> ===173.1.5 MT Activities that Require Pre-construction Notification to the COE===<br /> <br /> * Performing work in the channel with &lt;u&gt;tracked&lt;/u&gt; equipment (tracked skid steer, trackhoe, etc.) to clean sediment (silt, sand, gravel, etc.) out of, or away from a structure. (Note: All material removed must be taken to and disposed of in an upland location and work CAN NOT EXCEED 200 ft. of stream length.) This work requires a Nationwide Permit #3.<br /> <br /> * Performing work in the channel with a &lt;u&gt;rubber tired&lt;/u&gt; vehicle (tired skid steer, backhoe, front-end loader etc.) and pushing the material in order to remove it. (Note: All material removed must be taken to and disposed of in an upland location and work CAN NOT EXCEED 200 ft. of stream length.) This work requires a Nationwide Permit #3.<br /> <br /> * Placing clean rock fill and/or gabion baskets within the channel to stabilize culvert outlets or inlets. This work requires a Nationwide Permit #3.<br /> <br /> * Placing clean rock fill and/or gabion baskets around scoured bridge piers. This work requires a Nationwide Permit #3.<br /> <br /> * Streambank stabilization as discussed in the green section above that exceeds 500 ft. in length or 1 cubic yard per running foot of fills below the ordinary high water mark. This work requires a Nationwide Permit #13.<br /> <br /> ===173.1.6 Regulatory Conditions for Working in Streams/Wetlands: NWP, Section 401 Water Quality Certification General Conditions===<br /> <br /> '''1.''' Missouri Water Quality Standards antidegradation requirements dictate all appropriate and reasonable Best Management Practices (BMPs) related to erosion and sediment control, project stabilization, and prevention of water quality degradation are applied and maintained ([https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;ved=2ahUKEwi70t6i56f1AhXtj4kEHfjnAMoQFnoECAQQAQ&amp;url=https%3A%2F%2Fwww.sos.mo.gov%2Fadrules%2Fcsr%2Fcurrent%2F10csr%2F10c20-7a.pdf&amp;usg=AOvVaw0VV937x0qgcKZQf0G2yHCH 10 CSR 20-7.031(3)]); for example, preserving vegetation, streambank stability, and basic drainage. BMPs shall be properly installed prior to conducting authorized activities and maintained, repaired, and/or replaced as needed during all phases of the project to limit the amount of discharge of water contaminants to waters of the state. The project shall not involve more than normal stormwater or incidental loading of sediment caused by project activities so as to comply with Missouri’s general water quality criteria ([https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;ved=2ahUKEwi70t6i56f1AhXtj4kEHfjnAMoQFnoECAQQAQ&amp;url=https%3A%2F%2Fwww.sos.mo.gov%2Fadrules%2Fcsr%2Fcurrent%2F10csr%2F10c20-7a.pdf&amp;usg=AOvVaw0VV937x0qgcKZQf0G2yHCH 10 CSR 20-7.031(4)]). Also refer to [[127.29 Stormwater|EPG 127.29 Stormwater]] and [[LPA:136.6 Environmental and Cultural Requirements#136.6.4.8 Stormwater and Erosion Control|EPG 136.6.4.8 Stormwater and Erosion Control]]. <br /> <br /> '''2.''' Temporary stream crossings shall be sized and placed appropriately and shall not create an impediment to the passage of aquatic organisms and/or sediment. This will ensure compliance with the Missouri Water Quality Standards general criterion requiring waters to be free from physical or hydrologic changes that would impair the natural biological community ([https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;ved=2ahUKEwi70t6i56f1AhXtj4kEHfjnAMoQFnoECAQQAQ&amp;url=https%3A%2F%2Fwww.sos.mo.gov%2Fadrules%2Fcsr%2Fcurrent%2F10csr%2F10c20-7a.pdf&amp;usg=AOvVaw0VV937x0qgcKZQf0G2yHCH 10 CSR 20-7.031(4)(H)]). <br /> <br /> '''3.''' Stream channel modifications shall be avoided as much as possible and, if needed, shall be minimized. Where modifications are necessary for highway design safety or protection of state infrastructure, to the extent practicable, the project shall incorporate natural channel design features relative to a morphologically stable and appropriate stream channel and incorporate measures such as grade control, in-stream habitat, riparian plantings, etc. This will ensure compliance with the Missouri antidegradation requirement that waters of the state shall be maintained and protected ([https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;ved=2ahUKEwi70t6i56f1AhXtj4kEHfjnAMoQFnoECAQQAQ&amp;url=https%3A%2F%2Fwww.sos.mo.gov%2Fadrules%2Fcsr%2Fcurrent%2F10csr%2F10c20-7a.pdf&amp;usg=AOvVaw0VV937x0qgcKZQf0G2yHCH 10 CSR 20-7.031(3)]) under Missouri Clean Water Law, which provides the Department authority to adopt remedial measures to prevent, control, or abate pollution ([https://revisor.mo.gov/main/OneSection.aspx?section=644.026 Section 644.026.1(9)]). <br /> <br /> '''4.''' The following materials are not suitable where contact with water is expected and shall not be used due to their potential to cause violations of the general criteria of Missouri’s Water Quality Standards ([https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;ved=2ahUKEwi70t6i56f1AhXtj4kEHfjnAMoQFnoECAQQAQ&amp;url=https%3A%2F%2Fwww.sos.mo.gov%2Fadrules%2Fcsr%2Fcurrent%2F10csr%2F10c20-7a.pdf&amp;usg=AOvVaw0VV937x0qgcKZQf0G2yHCH 10 CSR 20-7.031(4)]): earthen fill, gravel, and broken concrete where the material does not meet the Suitable Material specifications stated in the [https://usace.contentdm.oclc.org/digital/collection/p16021coll11/id/2662/ “Missouri Nationwide Permit Regional Conditions”] in locations where erosive flows are expected to occur on a regular basis, such as streambanks and/or lake shorelines; asphalt; concrete with exposed rebar; tires, vehicles or vehicle bodies, and construction or demolition debris are solid waste and are excluded from placement in the waters of the state, but properly sized, broken concrete without exposed rebar is allowed; liquid concrete, including grouted riprap, if not placed in forms as part of an engineered structure; material containing chemicals that would result in violation of Missouri Water Quality Standards general criteria ([https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;ved=2ahUKEwi70t6i56f1AhXtj4kEHfjnAMoQFnoECAQQAQ&amp;url=https%3A%2F%2Fwww.sos.mo.gov%2Fadrules%2Fcsr%2Fcurrent%2F10csr%2F10c20-7a.pdf&amp;usg=AOvVaw0VV937x0qgcKZQf0G2yHCH 10 CSR 20-7.031(4)]) or specific criteria ([https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;ved=2ahUKEwi70t6i56f1AhXtj4kEHfjnAMoQFnoECAQQAQ&amp;url=https%3A%2F%2Fwww.sos.mo.gov%2Fadrules%2Fcsr%2Fcurrent%2F10csr%2F10c20-7a.pdf&amp;usg=AOvVaw0VV937x0qgcKZQf0G2yHCH 10 CSR 20-7.031(5)]). <br /> <br /> '''5.''' Waste concrete or concrete rinsate shall be disposed of in a manner that does not result in any discharge to the jurisdictional water ways. This will ensure compliance with the Missouri Water Quality Standards general criteria requiring waters be free from unsightly bottom deposits ([https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;ved=2ahUKEwi70t6i56f1AhXtj4kEHfjnAMoQFnoECAQQAQ&amp;url=https%3A%2F%2Fwww.sos.mo.gov%2Fadrules%2Fcsr%2Fcurrent%2F10csr%2F10c20-7a.pdf&amp;usg=AOvVaw0VV937x0qgcKZQf0G2yHCH 10 CSR 20-7.031(4)(A)]); substances resulting in toxicity ([https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;ved=2ahUKEwi70t6i56f1AhXtj4kEHfjnAMoQFnoECAQQAQ&amp;url=https%3A%2F%2Fwww.sos.mo.gov%2Fadrules%2Fcsr%2Fcurrent%2F10csr%2F10c20-7a.pdf&amp;usg=AOvVaw0VV937x0qgcKZQf0G2yHCH 10 CSR 20-7.031(4)(D)]); and physical, chemical, or hydrologic changes that would impair the natural biological community ([https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;ved=2ahUKEwi70t6i56f1AhXtj4kEHfjnAMoQFnoECAQQAQ&amp;url=https%3A%2F%2Fwww.sos.mo.gov%2Fadrules%2Fcsr%2Fcurrent%2F10csr%2F10c20-7a.pdf&amp;usg=AOvVaw0VV937x0qgcKZQf0G2yHCH 10 CSR 20-7.031(4)(H)]). <br /> <br /> '''6.''' During construction, clearing of vegetation shall be kept to the minimum necessary to accomplish the project except for the removal of invasive or noxious species and placement of ecologically beneficial practices. This will ensure compliance with the Missouri antidegradation requirement for BMPs ([https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;ved=2ahUKEwi70t6i56f1AhXtj4kEHfjnAMoQFnoECAQQAQ&amp;url=https%3A%2F%2Fwww.sos.mo.gov%2Fadrules%2Fcsr%2Fcurrent%2F10csr%2F10c20-7a.pdf&amp;usg=AOvVaw0VV937x0qgcKZQf0G2yHCH 10 CSR 20-7.031(3)]). <br /> <br /> '''7.''' Care shall be taken to keep machinery out of the water way as much as possible. If work in the water way is unavoidable, it shall be performed in a way that minimizes the duration and amount of any disturbance to banks, substrate, and vegetation to prevent increases in turbidity. Fuel, oil and other petroleum products, equipment, construction materials and any solid waste shall not be stored below the ordinary high-water mark at any. All precautions shall be taken to avoid the release of wastes or fuel to streams and other adjacent waters as a result of this operation. This will ensure compliance with the Missouri Water Quality Standards antidegradation requirement for Best Management Practices ([https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;ved=2ahUKEwi70t6i56f1AhXtj4kEHfjnAMoQFnoECAQQAQ&amp;url=https%3A%2F%2Fwww.sos.mo.gov%2Fadrules%2Fcsr%2Fcurrent%2F10csr%2F10c20-7a.pdf&amp;usg=AOvVaw0VV937x0qgcKZQf0G2yHCH 10 CSR 20-7.031(3)]) and Missouri Water Quality Standards general criteria requiring waters be free from substances preventing beneficial uses ([https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;ved=2ahUKEwi70t6i56f1AhXtj4kEHfjnAMoQFnoECAQQAQ&amp;url=https%3A%2F%2Fwww.sos.mo.gov%2Fadrules%2Fcsr%2Fcurrent%2F10csr%2F10c20-7a.pdf&amp;usg=AOvVaw0VV937x0qgcKZQf0G2yHCH 10 CSR 20-7.031(4)(A)]); substances causing unsightly color or turbidity ([https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;ved=2ahUKEwi70t6i56f1AhXtj4kEHfjnAMoQFnoECAQQAQ&amp;url=https%3A%2F%2Fwww.sos.mo.gov%2Fadrules%2Fcsr%2Fcurrent%2F10csr%2F10c20-7a.pdf&amp;usg=AOvVaw0VV937x0qgcKZQf0G2yHCH 10 CSR 20-7.031(4)(C)]); and physical, chemical or hydrologic changes that would impair the natural biological community ([https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;ved=2ahUKEwi70t6i56f1AhXtj4kEHfjnAMoQFnoECAQQAQ&amp;url=https%3A%2F%2Fwww.sos.mo.gov%2Fadrules%2Fcsr%2Fcurrent%2F10csr%2F10c20-7a.pdf&amp;usg=AOvVaw0VV937x0qgcKZQf0G2yHCH 10 CSR 20-7.031(4)(H)]). <br /> <br /> '''8.''' Disturbed riparian areas, banks, etc., shall be restored to a stable condition to protect water quality as soon as possible. This will ensure compliance with the Missouri antidegradation requirement for BMPs ([https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;ved=2ahUKEwi70t6i56f1AhXtj4kEHfjnAMoQFnoECAQQAQ&amp;url=https%3A%2F%2Fwww.sos.mo.gov%2Fadrules%2Fcsr%2Fcurrent%2F10csr%2F10c20-7a.pdf&amp;usg=AOvVaw0VV937x0qgcKZQf0G2yHCH 10 CSR 20-7.031(3)]).<br /> <br /> '''9.''' All efforts shall be made to minimize exposure of unprotected soils. To the best of MoDOT’s or its contractor’s ability, project activity shall be conducted at times of little or no rainfall to limit the amount of overland flow as well as sediment disturbance and transport caused by heavy equipment. This will ensure compliance with the Missouri antidegradation requirement for BMPs ([https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;ved=2ahUKEwi70t6i56f1AhXtj4kEHfjnAMoQFnoECAQQAQ&amp;url=https%3A%2F%2Fwww.sos.mo.gov%2Fadrules%2Fcsr%2Fcurrent%2F10csr%2F10c20-7a.pdf&amp;usg=AOvVaw0VV937x0qgcKZQf0G2yHCH 10 CSR 20-7.031(3)]) and general criteria ([https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;ved=2ahUKEwi70t6i56f1AhXtj4kEHfjnAMoQFnoECAQQAQ&amp;url=https%3A%2F%2Fwww.sos.mo.gov%2Fadrules%2Fcsr%2Fcurrent%2F10csr%2F10c20-7a.pdf&amp;usg=AOvVaw0VV937x0qgcKZQf0G2yHCH 10 CSR 20-7.031(4)]).<br /> <br /> '''10.''' Any stockpiled excess material resulting from the project shall be managed with appropriate BMPs or removed from the site and placed beyond the high bank on a non-wetland site. This will ensure compliance with the Missouri Water Quality Standards antidegradation requirement that waters of the state shall be maintained and protected ([https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;ved=2ahUKEwi70t6i56f1AhXtj4kEHfjnAMoQFnoECAQQAQ&amp;url=https%3A%2F%2Fwww.sos.mo.gov%2Fadrules%2Fcsr%2Fcurrent%2F10csr%2F10c20-7a.pdf&amp;usg=AOvVaw0VV937x0qgcKZQf0G2yHCH 10 CSR 20-7.031(3)]) and general criterion requiring waters to be free from physical, chemical, or hydrologic changes that would impair the natural biological community ([https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;ved=2ahUKEwi70t6i56f1AhXtj4kEHfjnAMoQFnoECAQQAQ&amp;url=https%3A%2F%2Fwww.sos.mo.gov%2Fadrules%2Fcsr%2Fcurrent%2F10csr%2F10c20-7a.pdf&amp;usg=AOvVaw0VV937x0qgcKZQf0G2yHCH 10 CSR 20-7.031(4)(H)]).<br /> <br /> '''11.''' Petroleum products spilled into any water or on the banks where the material may enter waters of the state shall be cleaned up immediately and disposed of properly. Spills of any amount of petroleum in a waterway shall be reported as soon as possible, but no later than 24 hours after discovery, to [https://dnr.mo.gov/waste-recycling/investigations-cleanups/environmental-emergency-response Missouri Dept. of Natural Resources’ Environmental Emergency Response website] or phone line at (573) 634-2436. This will ensure compliance with Missouri Environmental Improvement Authority ([https://www.revisor.mo.gov/main/OneSection.aspx?section=260.015&amp;bid=13845&amp;hl= Section 260.015, RSMo]) to provide for the conservation of state water resources by the prevention of pollution and proper methods of disposal and Missouri Water Quality Standards general criteria requiring waters be free from substances that prevent maintenance of beneficial uses; cause unsightly color, turbidity, or toxicity; and/or impair the natural biological community ([https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;ved=2ahUKEwi70t6i56f1AhXtj4kEHfjnAMoQFnoECAQQAQ&amp;url=https%3A%2F%2Fwww.sos.mo.gov%2Fadrules%2Fcsr%2Fcurrent%2F10csr%2F10c20-7a.pdf&amp;usg=AOvVaw0VV937x0qgcKZQf0G2yHCH 10 CSR 20-7.031(4)]).<br /> <br /> ===173.1.7 Summary===<br /> <br /> Additional information on MoDOT’s erosion and sediment control guidelines can be found at [[:Category:806 Pollution, Erosion and Sediment Control|EPG 806 Pollution, Erosion and Sediment Control]].<br /> <br /> ==173.2 Slide Detection and Repair==<br /> <br /> ===173.2.1 Governing Regulations===<br /> <br /> '''CWA Section 402 (Land Disturbance).''' If repair of a slide involves earth moving and “damage to the root zone” of more than one acre, compliance with MoDOT’s state operating permit for area wide land disturbance will be required. A site-specific stormwater pollution prevention plan (SWPPP) will be required. The SWPPP shall outline sediment controls such as perimeter silt fence and ditch check to be installed to keep the sediment from leaving the job site while slope repair will be occurring. Regularly scheduled and post runoff inspections will be required once the land disturbance operation begins until a final stabilization is achieved.<br /> <br /> '''CWA Sections 401 and 404.''' If the slide involves a regulated (jurisdictional) stream or wetland it may be necessary to obtain Department of Army Corps of Engineers (COE) authorization before doing work in and around the stream or wetland.<br /> <br /> ===173.2.2 Project Name: Bourbon Slide Repair===<br /> <br /> '''Location:''' I-44 North Outer Road, West of Route J in Crawford County<br /> <br /> '''Date:''' July 2009<br /> <br /> '''Materials Used:''' 100% Coconut Fiber Erosion Blanket, Straw Wattles, Fill dirt from local maintenance lot<br /> <br /> '''Contact Information:''' Paul Denkler, (573) 526-3282<br /> <br /> '''Project Summary.''' Slope failures are common problems in this area due to unseasonal amounts of rainfall and soil conditions. This area slid off near the shoulder which caused a potential hazard. A dozer was used to cut a bench into the new slope to solid ground, new fill dirt was hauled in and a slope was built back in lifts as it was compacted with a dozer. The slope was tracked and seeded with straw wattles and erosion blankets to slow down runoff and to protect the slope. Grasses were established with no issue of erosion or settling after two years.<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |[[image:173.2.2.1.jpg|center|375px|thumb|&lt;center&gt;'''Before photo. The slope failure near the shoulder is shown.'''&lt;/center&gt;]]||[[image:173.2.2.2.jpg|center|375px|thumb|&lt;center&gt;'''A dozer was used to cut a bench to develop a footing for slope to be rebuilt with new material and compacted as it was filled.'''&lt;/center&gt;]]<br /> |-<br /> |[[image:173.2.2.3.jpg|center|375px|thumb|&lt;center&gt;'''Shows slope after soil material was added and slope was reshaped and tracked.'''&lt;/center&gt;]]||[[image:173.2.2.4.jpg|center|375px|thumb|&lt;center&gt;'''Final step in which the slope was reseeded, fertilized and limed and installed with 100% coconut fiber erosion blanket with straw wattles to slow runoff from shoulder.'''&lt;/center&gt;]]<br /> |}<br /> <br /> ===173.2.3 Project Name: Cuba Slide Repair===<br /> <br /> '''Location:''' I-44 Mile Marker 208, end of on ramp westbound<br /> <br /> '''Date:''' September 2007<br /> <br /> '''Materials Used:''' 4 Gabion Baskets 9’x3’x3’, 3 loads of 4-6 in. Gabion Rock for baskets, 4 loads of shot rock<br /> for slope, partial load of base rock used along shoulders edge.<br /> <br /> '''Contact Information:''' Paul Denkler, (573) 526-3282<br /> <br /> '''Project Summary.''' The slide was located on I-44 at the end of ramp along the edge of shoulder. At the bottom of the slope was a concrete ditch which was filled by silt that was caused by the slide. The toe of the slope was cut back from the edge of concrete ditch. Gabion baskets were installed behind the concrete ditch and secured with T-posts to prevent the baskets from moving. The gabion baskets were filled with rock (4 in. to 6 in. without fines). Shot rock was then placed behind the gabions to the shoulder’s edge. Next to the concrete shoulder, base rock was installed over the shot rock. The project has performed well and rock has become vegetated.<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |[[image:173.2.3.1.jpg|center|375px|thumb|&lt;center&gt;'''Before photo. Shows the slide next to the shoulder on I-44.'''&lt;/center&gt;]]||[[image:173.2.3.2.jpg|center|375px|thumb|&lt;center&gt;'''Shows excavation for the gabion baskets to be installed behind the concrete ditch.'''&lt;/center&gt;]]<br /> |-<br /> |[[image:173.2.3.3.jpg|center|375px|thumb|&lt;center&gt;'''Shows the baskets in place, anchored with T-posts, and hand-placing the rock to start the filling process of the gabion baskets.'''&lt;/center&gt;]]||[[image:173.2.3.4.jpg|center|375px|thumb|&lt;center&gt;'''Final step after the baskets were filled. Rock was placed on slope up to shoulder to fix shoulder drop off. Base rock was used to finish grade along concrete shoulder.'''&lt;/center&gt;]]<br /> |}<br /> <br /> ===173.2.4 Project Name: Paris Slide Repair===<br /> <br /> '''Location:''' Route 24 East of Paris, Monroe Couunty<br /> <br /> '''Date:''' July 2009<br /> <br /> '''Materials Used:''' 3600 cubic yard rock fill<br /> <br /> '''Contact Information:''' Paul Denkler, (573) 526-3282<br /> <br /> '''Project Summary.''' This slide developed over time and was one of three in the vicinity. The work was completed by a contractor who excavated around 5000 cy (around 400 loads of material) from the site in 5 (10-12 hour) working days.<br /> It took 3 working days to place 3600 cy of rock fill (110 loads). Following the spec book, the rock was placed in layers and compacted with the track hoe. The trucks would unload the rock on the haul road, and then the contractor would push the rock into the fill site where the track hoe operator would pull the rock down so that the rock was able to be compacted and placed in layers. Another bulldozer was used at the waste site where the excavated dirt was being placed. The finished project was 300 ft. long and approximately 50 ft. tall.<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |[[image:173.2.4.1.jpg|center|375px|thumb|&lt;center&gt;'''The slide developed over time. Repairs were completed by a contractor.'''&lt;/center&gt;]]||[[image:173.2.4.2.jpg|center|375px|thumb|&lt;center&gt;'''The contractor used a large track hoe to rough-in a haul road into the existing slope so that trucks could drive in and out.'''&lt;/center&gt;]]<br /> |-<br /> |[[image:173.2.4.3.jpg|center|375px|thumb|&lt;center&gt;'''The slope was stairstepped and benched at 1.5:1 slope.'''&lt;/center&gt;]]||[[image:173.2.4.4.jpg|center|375px|thumb|&lt;center&gt;'''A 2’x4’ toe berm at the bottom of the slope.'''&lt;/center&gt;]]<br /> |-<br /> |[[image:173.2.4.5.jpg|center|375px|thumb|&lt;center&gt;'''Rock placement began when 1/2 of the soil excavation was completed due to the risk of having so much unprotected slope along the roadway.'''&lt;/center&gt;]]||[[image:173.2.4.6.jpg|center|375px|thumb|&lt;center&gt;'''Completed repair. A bulldozer was used to maintain the haul road. After the operations, both sites were seeded and mulched. Temporary erosion control (silt fence) was used to keep silt from entering the streams.'''&lt;/center&gt;]]<br /> |}<br /> <br /> ==173.3 Slope Erosion Prevention and Sediment Control==<br /> <br /> ===173.3.1 Governing Regulations===<br /> <br /> * '''CWA Section 402 (Land Disturbance).''' There are no anticipated DNR issues.<br /> <br /> * '''CWA Sections 401 and 404.''' There are no anticipated Corps of Engineers issues.<br /> <br /> ===173.3.2 Project Name: Cuivre River Bridge Embankment===<br /> <br /> '''Location:''' Route E, West of Silex, Lincoln County<br /> <br /> '''Date:''' March 2010<br /> <br /> '''Materials Used:''' Approximately 150 pounds of grass mixture seed and erosion control blanket (nine 8’ rolls<br /> and four 4’ rolls).<br /> <br /> '''Contact Information:''' Paul Denkler, (573) 526-3282<br /> <br /> '''Project Summary.''' This repair took place on the North Fork of Cuivre River. The project involved installing erosion prevention after repairs were made to scour at the bridge ends. The vehicles performing the scour repairs roughed up the soil surface and eliminated the existing vegetation. An incarcerated work release crew provided the labor to install the erosion repair.<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |[[image:173.3.2.1.jpg|center|375px|thumb|&lt;center&gt;'''Barren Slide Slope - Slope erosion prevention required after construction. Vehicles tracked over slope at Cuivre River Bridge, Route E, Lincoln County.'''&lt;/center&gt;]]||[[image:173.3.2.2.jpg|center|375px|thumb|&lt;center&gt;'''Approximately 150 lbs. of seed, nine 8’ rolls and four 4’ rolls of Curlex II erosion control blanket were used.'''&lt;/center&gt;]]<br /> |-<br /> |[[image:173.3.2.3.jpg|center|375px|thumb|&lt;center&gt;'''Blankets were pinned to the soil using sod staples.'''&lt;/center&gt;]]||[[image:173.3.2.4.jpg|center|375px|thumb|&lt;center&gt;'''Approximate cost of materials (seed, blanket and staples) was $850.00.'''&lt;/center&gt;]]<br /> |-<br /> |colspan=&quot;2&quot;|[[image:173.3.2.5.jpg|center|375px|thumb|&lt;center&gt;'''Finished project.'''&lt;/center&gt;]]<br /> |}<br /> <br /> ==173.4 Ditch Clean Out and Stabilization==<br /> <br /> ===173.4.1 Governing Regulations===<br /> <br /> '''CWA Section 402 (Land Disturbance).''' Ditch cleanout is usually not an activity that involves “land disturbance” and would not require a DNR State Operating Permit. (IMPORTANT: If cleanout involves excavation of soil that is contaminated by petroleum products or other types of regulated materials a multitude of other laws may be involved. Contact the Design-Environmental Section first). If the freshly cleaned out ditch has the potential to generate erodible slopes that could produce sediment in runoff, appropriate BMPs would include ditch checks in the road ditch at locations where runoff would be expected to enter streams or drainageways at culvert/bridge outlets or inlets. Excavated excess material must not be disposed of in wetlands or other locations where it is likely to end up in a<br /> stream or ditch. <br /> <br /> '''CWA Sections 401 and 404.''' Typically, MoDOT ditches are not regulated waters of the U.S., and therefore ditch cleanouts and stabilization would usually not require authorization under Section 404. However, it is important to note that some MoDOT ditches are actually captured streams and may therefore be considered regulated waters U.S. under Section 404 of the Clean Water Act, and work within these regulated ditches could therefore require a<br /> Section 404 permit. *Something to look for is if a stream enters the ditch from off ROW.*<br /> <br /> ===173.4.2 Project Name: Three Dimensional Ridge Ditch Checks===<br /> <br /> '''Location:''' Route 60 Carter County Construction Project<br /> <br /> '''Date:''' March 2010<br /> <br /> '''Materials Used:''' 100- 39” Three Dimensional ditch check sections and anchor pins, erosion blanket was<br /> installed by construction contractor <br /> <br /> '''Contact Information:''' Paul Denkler, (573) 526-3282<br /> <br /> '''Project Summary.''' Purpose of the work was to test the effectiveness of the three-dimensional ridge ditch checks to triangular silt ditch checks that is traditionally used on construction projects. Three dimensional ridge ditch checks were installed by MoDOT crews on a 1/2 mile stretch of the Route 60 expansion construction job in Carter County. Twenty-five devices were installed over erosion blanket material with metal spikes. The devices performed<br /> well, allowed grasses through the ditch check. There were no failures after the ditch checks were removed. Three-dimensional devices can be reused if care is taken with removal. For best results, refer to manufacturer’s recommendations for placement.<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |[[image:173.4.2.1.jpg|center|375px|thumb|&lt;center&gt;'''The grade of a ditch and the three-dimensional ditch checks that were installed.'''&lt;/center&gt;]]||[[image:173.4.2.2.jpg|center|375px|thumb|&lt;center&gt;'''A single installation of a three-dimensional ditch check on an erosion blanket.'''&lt;/center&gt;]]<br /> |-<br /> |colspan=&quot;2&quot;|[[image:173.4.2.3.jpg|center|750px|thumb|&lt;center&gt;'''Vegetation growing through the ditch check.'''&lt;/center&gt;]]<br /> |-<br /> |colspan=&quot;2&quot;|[[image:173.4.2.4.jpg|center|200px|thumb|&lt;center&gt;'''Sediment being retained by the ditch check.'''&lt;/center&gt;]]<br /> |}<br /> <br /> ===173.4.3 Project Name: Compost Berms===<br /> <br /> '''Location:''' Route 65, Taney County<br /> <br /> '''Date:''' April 2009<br /> <br /> '''Materials Used:''' Compost and Erosion Control Blankets<br /> <br /> '''Contact Information:''' Paul Denkler, (573) 526-3282<br /> <br /> '''Project Summary.''' The former District 8 started installing large compost berms in April 2009. These berms consisted of about 5-6 cubic yards of half decomposed wood chips from tree trimming operations, covered with erosion control blankets.<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |[[image:173.4.3.1.jpg|center|375px|thumb|&lt;center&gt;'''Median ditch on Route 65 prior to the installation compost berms.'''&lt;/center&gt;]]||[[image:173.4.3.2.jpg|center|375px|thumb|&lt;center&gt;'''Median ditch on Route 65 after the installation of one of the compost berms.'''&lt;/center&gt;]]<br /> |-<br /> |[[image:173.4.3.3.jpg|center|375px|thumb|&lt;center&gt;'''Median ditch on Route 65 with several compost berms installed.'''&lt;/center&gt;]]||[[image:173.4.3.4.jpg|center|375px|thumb|&lt;center&gt;'''Median ditch 17 months after the installation of compost berms.'''&lt;/center&gt;]]<br /> |}<br /> <br /> <br /> ==173.5 Streambank Stabilization==<br /> <br /> ===173.5.1 Governing Regulations===<br /> <br /> '''CWA Section 402 (Land Disturbance).''' If land disturbance activities exceed one acre a separate State Operating Permit from DNR will be necessary. In that case, BMPs will be identified in the Section 402 Permit application.<br /> <br /> '''CWA Sections 401 and 404.''' In general, streambank stabilization activities will require authorization under Section 404 of the Clean Water Act unless all work is done above the Ordinary Highwater Mark (OHWM).<br /> <br /> ===173.5.2 Project Name: Spring Creek Bridge Repair===<br /> <br /> '''Location:''' Bridge No. P0418 Route D, Sullivan County<br /> <br /> '''Date:''' December 2008<br /> <br /> '''Materials Used:''' 17 gabion baskets, gabion rock<br /> <br /> '''Contact Information:''' Paul Denkler, (573) 526-3282<br /> <br /> '''Project Summary.''' Bridge Maintenance Engineers will inspect bridges for erosion and scour, identify needed repairs, specify treatments and obtain COE permits for required work.<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |[[image:173.5.2.1.jpg|center|375px|thumb|&lt;center&gt;'''Gabion basket and lifting harness.'''&lt;/center&gt;]]||[[image:173.5.2.2.jpg|center|375px|thumb|&lt;center&gt;'''Trackhoe transporting gabion basket to bridge pier.'''&lt;/center&gt;]]<br /> |-<br /> |[[image:173.5.2.3.jpg|center|375px|thumb|&lt;center&gt;'''Gabion basket being transported to affected area.'''&lt;/center&gt;]]||[[image:173.5.2.4.jpg|center|375px|thumb|&lt;center&gt;''' Gabion baskets being set alongside bridge pier.'''&lt;/center&gt;]]<br /> |}<br /> <br /> ===173.5.3 Project Name: Little Creek Streambank Stabilization===<br /> <br /> '''Location:''' Bridge No. A1231, Route 17 Howell County<br /> <br /> '''Date:''' February 2009<br /> <br /> '''Materials Used:''' 20 Gabion Baskets 6’x3’x3’, Gabion rock, shot rock<br /> <br /> '''Contact Information:''' Paul Denkler, (573) 526-3282<br /> <br /> '''Project Summary.''' The abutment under the bridge was eroding. This caused the H piles to become exposed. The project fell under the GP-41 permit. The first step was for the district bridge crews to protect the pilings by placing concrete around them. Next, the district roadside crew installed gabion baskets which act as a barrier to protect the piles and act as a retaining wall to hold shot rock on the abutment slope.<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |[[image:173.5.3.1.jpg|center|375px|thumb|&lt;center&gt;'''Erosion of abutment slope and H piles exposed.'''&lt;/center&gt;]]||[[image:173.5.3.2.jpg|center|375px|thumb|&lt;center&gt;''' H piles are protected by concrete collars. Gabion baskets are being installed and anchored with T-posts.'''&lt;/center&gt;]]<br /> |-<br /> |[[image:173.5.3.3.jpg|center|375px|thumb|&lt;center&gt;'''Gabion baskets are being set up and filled with rock.'''&lt;/center&gt;]]||[[image:173.5.3.4.jpg|center|375px|thumb|&lt;center&gt;'''Finished project. Rock placed on abutment slope behind gabion baskets.'''&lt;/center&gt;]]<br /> |}<br /> <br /> ===173.5.4 Project Name: Galey Branch Box Culvert Repair and Streambank Stabilization===<br /> <br /> '''Location:''' Route 61, Pike County<br /> <br /> '''Date:''' October 2010<br /> <br /> '''Materials Used:''' 4 gabion baskets filled with 40 tons of rock and approximately 300 tons of rock for streambank<br /> repair.<br /> <br /> '''Contact Information:''' Paul Denkler, (573) 526-3282<br /> <br /> '''Project Summary.''' The project was undertaken to repair erosion around wing walls and scour both immediately below the box outlet and downstream. Work was performed under Section 404 Nationwide Permits #13 (streambank<br /> stabilization for erosion around wing walls) and #3 (fill placed within the stream for scour below the box). The<br /> repairs were performed by routine maintenance and the special crews. Gabion baskets were placed at the box<br /> outlet and large rocks were used downstream of the baskets and on top to help anchor them in place. The slopes around the box were seeded and protected with erosion blanket. Downstream of the box culvert the stream made a 90 degree turn and scour was occurring at the turn. A point bar had developed on the side opposite of the scour. The COE suggested using a “stone angle slam with a living log crosser” to repair the erosion and protect the streambank. This work was performed under a Nationwide #13 permit. Since there was not a large log available, the crew used multiple smaller logs from willows removed from in front of an upstream box culvert. Because they were small, large stones were placed over the entire log bundle to help hold them in place. The logs will sprout and prevent further scour.<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |[[image:173.5.4.1.jpg|center|375px|thumb|&lt;center&gt;'''Erosion around wing walls and scour below box outlet.'''&lt;/center&gt;]]||[[image:173.5.4.2.jpg|center|375px|thumb|&lt;center&gt;''' Gabion baskets, large rock and erosion blanket were placed to repair and protect the streambank.'''&lt;/center&gt;]]<br /> |-<br /> |[[image:173.5.4.3.jpg|center|375px|thumb|&lt;center&gt;'''Streambank erosion downstream of box culvert.'''&lt;/center&gt;]]||[[image:173.5.4.4.jpg|center|375px|thumb|&lt;center&gt;'''Plan view of existing conditions.'''&lt;/center&gt;]]<br /> |-<br /> |[[image:173.5.4.5.jpg|center|375px|thumb|&lt;center&gt;'''Large stones (red) are first placed along the toe of the eroded slope to protect the toe. Then a living willow or cottonwood log is placed horizontally in front of the stones and keyed into the bank.&lt;br/&gt;The root wad is downstream to keep the log in compression. Large stones are placed on top of the log to keep it in place and the log is allowed to sprout and root to protect stream and bank.'''&lt;/center&gt;]]<br /> ||[[image:173.5.4.6.jpg|center|375px|thumb|&lt;center&gt;'''Armored streambank with rock and multiple living logs.'''&lt;/center&gt;]]<br /> |}<br /> <br /> ===173.5.5 Project Name: Galey Branch Creek Stabilization===<br /> <br /> '''Location:''' Route U, Pike County<br /> <br /> '''Date:''' October 2010<br /> <br /> '''Materials Used:''' 1,200 tons of clean rock, geotextile.<br /> <br /> '''Contact Information:''' Paul Denkler, (573) 526-3282<br /> <br /> '''Project Summary.''' Streambank erosion was caused by migration of the main channel to the south jeopardizing the road bed. A point bar developed on the north side of the stream with many willows, cottonwoods and sycamore<br /> saplings. Repairs were performed under Section 404, Nationwide Permits #13 and #27. Work was performed by routine maintenance and special crews. Large stones were placed along the toe of the slope and keyed into the bank at both ends of the repair. A space was left behind the large stones and filled in with gravel and sediment. Living willows were removed from the point bar. Clean rip-rap was then used to cap the removed sediment and mixed material was placed on the slope above ordinary high water to allow vegetation to develop. Large stone weirs were placed in the bed<br /> facing slightly upstream to direct the flow of water away from the toe of the slope. The willows will be allowed to sprout through the stones and further protect the streambank. The willows will be outside of the roadway clear zone.<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |[[image:173.5.5.1.jpg|center|375px|thumb|&lt;center&gt;'''Streambank erosion caused by migration of the main channel to the south, jeopardizing a nearby road bed.'''&lt;/center&gt;]]||[[image:173.5.5.2.jpg|center|375px|thumb|&lt;center&gt;'''Longitudinal peaked stone toe protection and large stone wiers were placed to stabilize slopes and to direct the flow of water away from the toe of the slope.'''&lt;/center&gt;]]<br /> |}<br /> <br /> <br /> ===173.5.6 Project Name: Mills Creek Stabilization===<br /> <br /> '''Location:''' Route O, Ralls County<br /> <br /> '''Date:''' Not known<br /> <br /> '''Contact Information:''' Paul Denkler, (573) 526-3282<br /> <br /> '''Project Summary.''' Grouted rip-rap should not be used to repair streambanks. Over time, the toe of the slope will erode creating a void beneath the repair. The entire slab of grouted rip-rap may wash out during a large flood event. '''Furthermore, the COE does not allow grouted rip-rap as an acceptable repair option.'''<br /> <br /> [[image:173.5.6.jpg|center|375px|thumb|&lt;center&gt;'''Grouted rip-rap is ''not recommended'' for streambank repair.'''&lt;/center&gt;]]<br /> <br /> ===173.5.7 Project Name: Mills Creek Streambank Stabilization===<br /> <br /> '''Location:''' Route O, Marion/Ralls County<br /> <br /> '''Date:''' April 2010<br /> <br /> '''Materials Used:''' 550 tons of clean rock (400-1000 lb), geotextile.<br /> <br /> '''Contact Information:''' Paul Denkler, (573) 526-3282<br /> <br /> '''Project Summary.''' The streambank was eroding due to migration of the stream into toe of slope jeopardizing a nearby road bed. A sediment bar had developed on the opposite bank where willows were sprouting on the bar. Repairs were performed under Section 404 Nationwide Permits #13 and #27. Work was performed by routine maintenance. When the stones were dumped, the geotextile material was ripped and much of the material ended up wadded under the rip-rap. Over time, a sediment bar developed at the toe of the slope and the channel migrated to the opposite side of the stream. Willows will be allowed to sprout in the bar and along the toe of the slope to protect the bank.<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |[[image:173.5.7.1.jpg|center|375px|thumb|&lt;center&gt;'''Streambank eroding due to migration of stream into toe of slope jeopardizing a nearby roadbed.'''&lt;/center&gt;]]||[[image:173.5.7.2.jpg|center|375px|thumb|&lt;center&gt;'''Geotextile material was placed on the exposed surface of the bank and living trees were removed from the sediment bar and placed at the toe of the slope.'''&lt;/center&gt;]]<br /> |-<br /> |[[image:173.5.7.3.jpg|center|375px|thumb|&lt;center&gt;'''Large clean rip-rap was placed on top of the living trees at the toe of the slope to hold them in place and to protect the toe. ''Note:'' Care should be taken to protect geotextile while placing rip-rap.'''&lt;/center&gt;]]||[[image:173.5.7.4.jpg|center|375px|thumb|&lt;center&gt;'''Large rip-rap was used to complete the repairs above ordinary high water.'''&lt;/center&gt;]]<br /> |-<br /> |[[image:173.5.7.5.jpg|center|375px|thumb|&lt;center&gt;'''During the next flood event, the toe of the slope was protected and the main energy of the stream was directed toward the center of the channel.'''&lt;/center&gt;]]||[[image:173.5.7.6.jpg|center|375px|thumb|&lt;center&gt;'''Over time, a sediment bar developed at the toe of the slope while the channel migrated to the opposite side of the stream.'''&lt;/center&gt;]]<br /> |}<br /> <br /> ===173.5.8 Project Name: Indian Creek Stabilization===<br /> <br /> '''Location:''' Route AM Howell County<br /> <br /> '''Date:''' October 2005<br /> <br /> '''Materials Used:''' Gabion Baskets, 24” Interlocking Concrete Stabilization System, Roll of Geotextile Fabric,<br /> Gabion Rock and Shot Rock <br /> <br /> '''Contact Information:''' Paul Denkler, (573) 526-3282<br /> <br /> '''Project Summary.''' Purpose of project was to stabilize the creek bank and to correct misalignment of a culvert. A series of concrete armour scour protection units were installed on geotextile material along the base of the creek bank with three weirs being built with gabion baskets. This project required a 404 permit from the COE.<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |[[image:173.5.8.1.jpg|center|375px|thumb|&lt;center&gt;'''Interlocking Concrete Stabilization System being installed on geotextile blanket.'''&lt;/center&gt;]]||[[image:173.5.8.2.jpg|center|375px|thumb|&lt;center&gt;'''A second layer of the system being installed.'''&lt;/center&gt;]]<br /> |-<br /> |[[image:173.5.8.3.jpg|center|375px|thumb|&lt;center&gt;'''Shot rock placement along the culvert wingwalls.'''&lt;/center&gt;]]||[[image:173.5.8.4.jpg|center|375px|thumb|&lt;center&gt;'''Weir construction using gabion baskets.'''&lt;/center&gt;]]<br /> |-<br /> |colspan=&quot;2&quot;|[[image:173.5.8.5.jpg|center|375px|thumb|&lt;center&gt;'''Finished project.'''&lt;/center&gt;]]<br /> |}<br /> <br /> ===173.5.9 Project Name: Sees Creek Realignment===<br /> <br /> '''Location:''' Route 36 at Route J, Ralls County<br /> <br /> '''Date:''' 2007<br /> <br /> '''Contact Information:''' Paul Denkler, (573) 526-3282<br /> <br /> '''Project Summary.''' The headwaters of Sees Creek was relocated due to the construction of two new lanes on Route 36. This project required an individual 404 permit. The relocation was performed by a contractor. Tree planting was<br /> performed by incarcerated personnel.<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |[[image:173.5.9.1.jpg|center|375px|thumb|&lt;center&gt;'''Slope erosion along the relocated streambank of Sees Creek.'''&lt;/center&gt;]]||[[image:173.5.9.2.jpg|center|375px|thumb|&lt;center&gt;''' The streambanks were constructed with 2:1 slopes. Seed and straw mulch were blown onto the banks. The erosion started due to steep slopes caused by a narrow right of way corridor. Relocated streams are highly volatile and thus require 4:1 backslopes that are heavily vegetated with rock at the toe of outside bends.'''&lt;/center&gt;]]<br /> |-<br /> |[[image:173.5.9.3.jpg|center|375px|thumb|&lt;center&gt;'''As the slopes flatten out on their own, it will become easier to establish vegetation. Additional seed, topsoil and erosion blankets will be added to stabilize banks.'''&lt;/center&gt;]]||[[image:173.5.9.4.jpg|center|375px|thumb|&lt;center&gt;'''Single large stone bendway weirs and large rock will also be added to prevent further erosion.'''&lt;/center&gt;]]<br /> |}<br /> <br /> ==173.6 Seed Mix Formulas==<br /> <br /> ===173.6.1 Governing Regulations===<br /> <br /> '''CWA Section 402 (Land Disturbance).''' There are no anticipated DNR issues.<br /> <br /> '''CWA Sections 401 and 404.''' There are no anticipated Corps of Engineers issues.<br /> <br /> ===173.6.2 Project Name: District 9 Slope and Soil Amendments Mixes===<br /> <br /> '''Location:''' Route 60, Carter County<br /> <br /> '''Date:''' May 2010<br /> <br /> '''Contact Information:''' Paul Denkler, (573) 526-3282<br /> <br /> '''Project Summary.''' This seed mix has been adjusted from the MoDOT slope mix specifications and has proven to perform better on clay acidic soils in the Southest District. (Reference to the final report of the 3-year research project with NRCS). This mix is used by roadside maintenance crews when repairing eroded slopes. The soil amendments that are used include bio stimulate, liquid lime, and ag fertilizer. Bio stimulte is added to improve moisture infiltration, retention, and faster germination. Neutra Lime is a dry product which is applied during seeding to adjust soil pH which aids in the establishment of vegetation.<br /> &lt;center&gt;<br /> {| border=&quot;1&quot; class=&quot;wikitable&quot; style=&quot;margin: 1em auto 1em auto&quot; style=&quot;text-align:center&quot;<br /> |+ <br /> ! style=&quot;background:#BEBEBE&quot; |Slope Repair Mix V!! style=&quot;background:#BEBEBE&quot; |Rate #/Acre PLS<br /> |-<br /> |Indiangrass||9<br /> |-<br /> |Little Bluestem||10<br /> |-<br /> |Switchgrass||8<br /> |-<br /> |Annual Ryegrass||10<br /> |-<br /> |Perennial Ryegrass||5<br /> |-<br /> |Red River Crabgrass||1<br /> |-<br /> |Partridge Pea||2<br /> |-<br /> |White Clover||5<br /> |-<br /> |Oats||20<br /> |-<br /> |Coreopsis||.25<br /> |-<br /> |Fescue||10<br /> |}<br /> &lt;/center&gt;<br /> <br /> &lt;u&gt;Soil Amendments&lt;/u&gt;<br /> <br /> Bio stimulate 80 pounds per acre &lt; 1.5% Organic Matter<br /> <br /> Liquid Lime 160 pounds per acre &lt; 4.6 pH<br /> <br /> Fertilizer 13-13-13 200 pounds per acre<br /> <br /> The former District 9 experienced good results in establishing plant growth in harsh soils with this seed mix formula and soil amendments. It is recommended that soil samples are taken to determine pH levels for lime placement. When applying lime and other amendment products on steep terrain, it is recommended that a hydroseeder be utilized.<br /> <br /> [[image:174.6.1.jpg|center|750px|thumb|&lt;center&gt;'''Roadside slope prior to soil amendment.'''&lt;/center&gt;]]<br /> <br /> [[image:174.6.2.jpg|center|750px|thumb|&lt;center&gt;'''Roadside slope two months after the addition of soil amendments.'''&lt;/center&gt;]]<br /> <br /> <br /> ==173.7 Soil Fertility Techniques==<br /> <br /> ===173.7.1 Governing Regulations===<br /> <br /> '''CWA Section 402 (Land Disturbance).''' There are no anticipated DNR issues.<br /> <br /> '''CWA Sections 401 and 404.''' There are no anticipated Corps of Engineers issues.<br /> <br /> ===173.7.2 Project Name: Compost-NRCS Project===<br /> <br /> '''Location:''' Route 60 Carter County, ½ mile east of Route 21 North Junction<br /> <br /> '''Date:''' May 2007<br /> <br /> '''Materials Used:''' Compost, Erosion control blanket<br /> <br /> '''Contact Information:''' Paul Denkler, (573) 526-3282<br /> <br /> '''Project Summary.''' The purpose of the project was to experiment with the use of compost. Soils in the former District 9 have a very low pH and a very low percentage of organic matter. This project tested two methods. The first method applied was a one inch layer of compost that was seeded, fertilized and limed over an erosion control blanket.<br /> The second method tested a two-inch layer of compost without an erosion control blanket. During the first growing season there was a very light germination due to the rich and hot compost. After the second season, the slope performed well. After a thorough review it was found that the erosion blanket area functioned the best. The two-inch layer of compost did not hold up to the heavy rains that were received during the first growing season.<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |[[image:173.7.2.1.jpg|center|375px|thumb|&lt;center&gt;'''Bark/compost blower machine used to apply compost material.'''&lt;/center&gt;]]||[[image:173.7.2.2.jpg|center|375px|thumb|&lt;center&gt;'''Progress shown after one area had been applied. After compost was blown onto slope they were hydroseeded, fertilized and limed.'''&lt;/center&gt;]]<br /> |-<br /> |[[image:173.7.2.3.jpg|center|375px|thumb|&lt;center&gt;'''The area with two inches of compost and areas with one inch of compost with erosion control blanket.'''&lt;/center&gt;]]||[[image:173.7.2.4.jpg|center|375px|thumb|&lt;center&gt;'''As-built photo of compost project during the second growing season.'''&lt;/center&gt;]]<br /> |}<br /> <br /> <br /> ===173.7.3 Project Name: Compost-Van Buren===<br /> <br /> '''Location:''' Carter County Route 60 and James Street in Van Buren<br /> <br /> '''Date: May 2009'''<br /> <br /> '''Materials Used:''' 50 cubic yards of 70% compost and 30% bark mulch, green erosion control blanket, leased<br /> bark blower<br /> <br /> '''Contact Information:''' Paul Denkler, (573) 526-3282<br /> <br /> '''Project Summary.''' The project was a cooperative effort between MoDOT, Big Springs RC&amp;D, USDA-NRCS-Plant Materials Center and the Van Buren Chamber of Commerce. Soil erosion on the cut slopes of the right of way from a recent expansion of Highway 60 to four lanes had left the area exposed with little vegetation. The project features<br /> uses of adapted seeding mixtures, organic mulches, temporary and permanent erosion control blankets, and soil amendments for better seeding establishment and erosion control. Roadside crews used a tracked dozer to repair eroded areas with top soil, areas with little or sparse vegetation a layer of ½ in. to 1 in. compost/bark mulch was applied with a rented bark blower. All areas were hydro seeded with native grass and wildflower seed mixture, in same application liquid lime and fertilizer was applied. After seeding was completed, green dyed erosion control blanket was installed. Permanent erosion blanket was used on a slope drainage ditch.<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |[[image:173.7.3.1.jpg|center|375px|thumb|&lt;center&gt;'''Before condition on eroding roadside, Route 60, near Van Buren, Carter County.'''&lt;/center&gt;]]||[[image:173.7.3.2.jpg|center|375px|thumb|&lt;center&gt;'''Bark Blower used to cover slope with compost.'''&lt;/center&gt;]]<br /> |-<br /> |[[image:173.7.3.3.jpg|center|375px|thumb|&lt;center&gt;'''MoDOT maintenance in the former District 9 applying compost and installing a geotextile blanket on the roadside slope.'''&lt;/center&gt;]]||[[image:173.7.3.4.jpg|center|375px|thumb|&lt;center&gt;'''Compost and blanket covering the side slope.'''&lt;/center&gt;]]<br /> |-<br /> |[[image:173.7.3.5.jpg|center|375px|thumb|&lt;center&gt;'''Germination of the seed mix.'''&lt;/center&gt;]]||[[image:173.7.3.6.jpg|center|375px|thumb|&lt;center&gt;'''Finished roadside slope with established grasses and wildflowers.'''&lt;/center&gt;]]<br /> |}<br /> <br /> ==173.8 References==<br /> <br /> ===173.8.1 Additional Regulatory Guidance===<br /> <br /> '''Special Section 404 Permitting Scenario--General Permit 41 (GP-41), which is effective until December 31, 2013'''<br /> <br /> If you are in a county that was declared to be a flood disaster county in 2008 and you can show that the maintenance issue is the result of flood damage, then you can use the GP-41 to do the work described below in the “Project Description”. 2008 Flood disaster maps for affected counties can be found at the [http://www.fema.gov/ Federal Emergency Management Agency website]. Those activities listed in the “Project Description” do not require pre-construction notification; HOWEVER, THEY DO REQUIRE POST-CONSTRUCTION NOTIFICATION and a signed compliance certification within 60 days of completing the job.<br /> <br /> As part of the permitting process, you must contact the Corps of Engineers (COE), submit application materials and<br /> submit a mitigation plan prior to completing any flood recovery/repair activity when the repair involves obtaining<br /> borrow from forested wetland, borrowing material from potential migratory bird nesting areas, clearing trees<br /> along stream channels, working in areas with known exotic species, and/or if the proposed repair activity includes<br /> restoration of a stream channel back to the original, preflood location. All other flood repair activities, including<br /> all repairs supervised by the Corps of Engineers, pursuant to Public Law 84-99 and/or all repairs supervised by<br /> the United States Department of Agriculture, pursuant to the Emergency Watershed Protection Program or to<br /> the Emergency Conservation Program can be completed without pre-construction notification to the Corps of<br /> Engineers. However, all completed flood repair work, authorized by this permit, must be reported to the Corps<br /> of Engineers, Regulatory Branch, within 60 days of completing the project. The report must include the location<br /> of the work, asbuilt drawings of the structure(s) and/or fill(s), and a discussion of the avoidance and minimization<br /> measures incorporated into the project and mitigation measures employed.<br /> <br /> '''Project Description:''' To excavate or place fill material for protection and/or repair of existing flood damaged<br /> structures, damaged land areas and/or damaged fills as follows:<br /> <br /> :a. Repair of levees to existing elevations and cross-section, including breach closures and borrow operations;<br /> :b. Bridge embankment protection (armoring) and/or;<br /> :c. Repair of pre-existing highway or railroad embankments and the addition or repair of stone (armoring) protection;<br /> :d. Repair of pre-existing utility protection structures;<br /> :e. Placement of rock and/or earth materials for stream/ditch bank protection and/or stream/ditch bank restoration;<br /> :f. Drainage channel/ditch restoration to pre-flood capacity and flow line unless the flow line must be altered due to other damage associated with the flood event;<br /> :g. Restoration of creek channels to pre-flooding alignment and capacity;<br /> :h. Construction of temporary roads and temporary fills to facilitate the completion of any of the listed activities.<br /> <br /> Note: Maintenance of existing flood damaged structures and/or flood damaged fills, which have been previously authorized, may be authorized by Nationwide Permit No. 3 or exempted by Part 323.4 of Federal regulations 33 CFR 320-331.<br /> <br /> ===173.8.2 Regulatory Conditions for Working in Streams/Wetlands===<br /> <br /> '''Relevant Nationwide Permit (NWP) Regional Conditions – Missouri'''<br /> <br /> '''NWP 13 - Bank Stabilization.''' Broken concrete used as bank stabilization must be reasonably well graded, consisting of pieces varying in size from 20 pounds up to and including at least 150 pound pieces. Applicants must break all large slabs to conform to the well graded requirement. Generally, the maximum weight of any piece should not be more than 500 pounds. Gravel and dirt should not exceed 15% of the total fill volume. All protruding reinforcement rods, trash, asphalt, and other extraneous materials must be removed from the broken concrete prior to placement in waters of the United States.<br /> <br /> '''NWP 27 - Stream and Wetland Restoration Activities.''' The permittee must notify the COE District Engineer in<br /> accordance with the “Notification” general condition of the NWPs (general condition 27) for any regulated discharge<br /> associated with the relocation of forested wetlands.<br /> <br /> '''NWPs 3 and 14 - Low Water Crossings.''' The permittee must notify the COE District Engineer when repairing, rehabilitating or replacing low water crossings when discharges of dredged or fill material would raise or lower the<br /> lowest elevation of the crossing by a total of 12 in. or more, or when removing the structure. The permittee must<br /> propose and employ measures to mitigate the potential impact of impounding gravel above the low water crossing or of releasing impounded-gravel downstream of the structure. Such mitigation might include: removing impounded gravel in the unstable area upstream of the low water crossing to prevent it from being transported downstream and/or constructing a notched weir to slow the release of impounded gravel from upstream of the low water crossing.<br /> <br /> '''Suitable Material (Applicable to all NWPs).''' In addition to the specific examples in General Condition 6 of the NWPs, the following materials are not suitable for fill activities into waters of the U.S. in conjunction with any NWP: buses or rail cars, construction or demolition debris, garbage, loose or improperly placed tires, treated lumber (chromated copper arsenate (CCA), creosote, and pentachlorophenol), liquid concrete not poured into forms, grouted riprap, bagged cement, and sewage or organic waste.<br /> <br /> '''Culverts.''' The permittee must notify the COE District Engineer in accordance with the “Notification” general condition of the NWPs (general condition 27) for any regulated activity which involves the construction of a new or replacement culvert with an inside width/diameter greater than 4 ft. All culverts must be designed to meet the criteria set forth in COE Regional Condition 1, allowing the natural passage of aquatic organisms. See [[750.7 Non-Hydraulic Considerations#750.7.3 Environmental Requirements|EPG 750.7.3 Environmental Requirements]] for additional details.<br /> <br /> '''Notification Requirement for Aquatic Resources in Missouri (Applicable To All NWPs).''' The permittee must notify the COE District Engineer in accordance with the “Notification” general condition of the NWPs (general condition 27) for any regulated activity which may impact a jurisdictional fen, seep or bog of any size.<br /> <br /> '''Seasonal Restrictions for Activities Proposed in Spawning Areas (Applicable To All NWPs).''' In addition to the<br /> requirements of NWP general condition 3, for any regulated activity, the following specific seasonal restrictions apply. Between the closed dates listed in the Missouri Combined Stream Spawning List, the permittee must not excavate<br /> from or discharge into the listed waters. The [http://www.nwk.usace.army.mil/Portals/29/docs/regulatory/nationwidepermits/2012/SpawningList.pdf list of waters with seasonal restrictions] is available or on request from the Corps. <br /> <br /> '''Zebra Mussel (Applicable To All NWPs).''' The permittee must notify the COE District Engineer in accordance with the “Notification” general condition of the NWPs (general condition 27) for any regulated activity where the applicant is proposing to remove equipment from a known zebra mussel water to use in a different water not known to support zebra mussels. [http://nas.er.usgs.gov/queries/zmbyst.asp. Known zebra mussel waters within Missouri is available on request from the Corps]. The notification must include measures to limit the likelihood of spreading the zebra mussel to other waters.<br /> <br /> '''Priority Watersheds (Applicable To All NWPs).''' The permittee must notify the COE District Engineer in accordance<br /> with the “Notification” general condition of the NWPs (general condition 27) for any regulated activity in a priority<br /> watershed. [http://www.swl.usace.army.mil/Portals/50/docs/regulatory/MO_Regional_Conditions.pdf The list of priority watersheds requiring notification is available on request from the Corps]. <br /> <br /> '''Lake of the Ozarks.''' The permittee must notify the COE District Engineer in accordance with the “Notification” general condition of the NWPs (general condition 27) for any regulated activity associated with NWPs 3, 7, 12, 14, 15, 18, 22, 27, 33 and 45. A copy of this notification must also concurrently be sent to AmerenUE. NWPs 2, 13, 16, 19, 25, 29, 31, 35, 36, 39, 41 and 44 are revoked in the Lake of the Ozarks. NWPs 1, 9, 10, 11 and 28 are only valid when both AmerenUE and the Missouri Water Patrol have approved the activity. The Corps and AmerenUE, regardless of the<br /> request to use any NWP, may verify the activity under [http://www.swf.usace.army.mil/Missions/Regulatory/Permitting/GeneralPermits.aspx the provisions of Regional General Permit 38M].<br /> <br /> [http://www.ameren.com/missouri/lake-of-the-ozarks/forms-requirements Additional information on AmerenUE and Lake of the Ozarks permit requirements is available].<br /> <br /> ===173.8.3 Additional References===<br /> <br /> [http://epg.modot.org/index.php?title=Category:806_Pollution%2C_Erosion_and_Sediment_Control EPG 806 Pollution, Erosion and Sediment Control]<br /> <br /> ''Highway Slope Maintenance and Slide Restoration Workshop Manual'', FHWA December 1988.<br /> <br /> Land Disturbance Training, Design &amp; Construction Divisions, 2010.</div>

Hallej1 https://epgtest3.modot.org/index.php?title=144.5_Pavement_Maintenance&diff=51791 2022-08-30T15:19:37Z

<p>Hallej1: /* 144.5.7 Frequently Asked Questions */</p> <hr /> <div>{| style=&quot;margin: 1em auto 1em auto&quot; align=&quot;right&quot;<br /> |-<br /> |[[image:144.5.jpg|right|450px]]<br /> |}<br /> <br /> ==144.5.1 Introduction==<br /> <br /> For the past five years, MoDOT’s construction program has averaged $1.25 billion each year. For the next five years, it will be $500 million per year, an annual reduction of 60 percent. The department must find effective ways to maintain Missouri’s road and bridges. MoDOT is implementing a significant change in direction to implement cost savings strategies and reduce MoDOT staff with no layoffs, while maintaining the condition of our major roads, improving the condition of our minor roads, while sustaining exceptional customer satisfaction. In 2009, customer satisfaction ratings show 83 percent of customers are satisfied with MoDOT’s performance and 92 percent trust MoDOT to keep its commitments.<br /> {|style=&quot;padding: 0.3em; margin-right:11px; border:2px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;190px&quot; align=&quot;left&quot; <br /> |-<br /> |[[image:safety begins with me.jpg|165px|center]]<br /> |-<br /> |[http://wwwi.dot.missouri/intranet/PotholePatchingSafetyVideo2.wmv Patching Roads]<br /> |}<br /> <br /> Under the direction of the Five-Year Direction, the department will keep major roads in good condition, improve minor roads and hold existing conditions on bridges. MoDOT also has to continue to deliver the construction projects promised in the [[121.3 The Statewide Transportation Improvement Program (STIP)|Statewide Transportation Improvement Plan (STIP)]]. In order to achieve the direction, MoDOT must focus on creating and implementing strategies to make internal operations more efficient and redirecting more resources into achieving the Five-Year Direction.<br /> {|style=&quot;padding: 0.3em; margin-left:10px; border:2px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;350px&quot; align=&quot;right&quot; <br /> |-style=&quot;background:#f5f5f5&quot; <br /> |-<br /> |'''[http://wwwi/intranet/mt/documents/PavementMaintenanceManual_FINAL.pdf Easily Printable Version of Pavement Maintenance, 2010]'''<br /> |-<br /> |EPG 144.5 Pavement Maintenance presents the very latest information, but this pdf file may be helpful for those wanting to easily print Pavement Maintenance info as it existed in 2010. <br /> |-<br /> |&lt;sup&gt;'''___________________'''&lt;/sup&gt;<br /> |-<br /> |'''References'''<br /> |-<br /> |[http://sharepoint/systemdelivery/MT/pavementandcontracts/Shared%20Documents/Chip%20Seal%20Book.pdf Chip Seal Reference Book]<br /> |-<br /> |[http://sharepoint/systemdelivery/MT/pavementandcontracts/Shared%20Documents/Concrete%20Book%20the%20Little%20Book.pdf Concrete Replacement Training]<br /> |-<br /> |[[:Category:170 Maintenance Activity Planning Guidelines|EPG 170 Maintenance Planning Guidelines]]<br /> |-<br /> |[http://flexmaps.dot.missouri/index.html?configlink=paveproj Pavement Planning Tool]<br /> |-<br /> |[http://epdfiles.engr.wisc.edu/pdf_web_files/tic/manuals/Asphalt-PASER_02.pdf ''Pavement Surface Evaluation and Rating(PASER) Manual: Asphalt Roads'']<br /> |-<br /> |&lt;sup&gt;'''___________________'''&lt;/sup&gt;<br /> |-<br /> |'''Contact'''<br /> |-<br /> |R. Todd Miller, Maintenance Liaison Engineer<br /> |-<br /> |miller7@modot.mo.gov, (573) 751-5415<br /> |}<br /> <br /> For operations divisions, MoDOT has established a clear direction in the five largest areas of work and expenditures including snow removal, striping, signing, mowing and pavement maintenance. All redirected resources from these operational efficiencies will be used to achieve the Five-Year Direction.<br /> <br /> [http://wwwi/intranet/fiveyearplan.htm Additional information on MoDOT’s Five-Year Direction] is available.<br /> <br /> ==144.5.2 Background==<br /> <br /> Upon the [http://www.modot.mo.gov/about/commission/index.htm Missouri Highways and Transportation Commission’s] approval of the Five-year Direction, MoDOT became focused on preserving the existing system assets. Throughout MoDOT, more practical operations and cost saving measures are being implemented, including the operational areas of [https://epg.modot.org/index.php?title=Category:144_Practical_Operations#144.2_Signing_Operations_Changes signing], [https://epg.modot.org/index.php?title=Category:144_Practical_Operations#144.3_Striping_Operations_Changes striping], [https://epg.modot.org/index.php?title=Category:144_Practical_Operations#144.4_Mowing_Operations_Changes mowing and vegetation control], [https://epg.modot.org/index.php?title=Category:144_Practical_Operations#144.1_Winter_Operations_Changes winter operations] and litter control as well as reductions in personnel, fleet and other expenditures. The savings from each of these areas will be redirected to achieving the Five-Year Direction.<br /> <br /> ==144.5.3 Directives==<br /> <br /> A review of pavement maintenance activities identified opportunities to reduce cost and improve productivity. A key component of the direction will be to develop and implement five-year pavement plans that will be supplemented with internal MoDOT resources that are redirected to keep 85 percent of major roads in good condition, improve minor road condition and hold steady on bridge conditions. Preventive maintenance and keeping good roads in good condition as long as possible will be the key to success. Key issues and changes are summarized below.<br /> <br /> ===144.5.3.1 Policy Change Summary===<br /> [[image:144.5.2.jpg|right|350px]]<br /> <br /> In order to encourage the most practical approach to pavement maintenance operations, the following changes were made to pavement maintenance policies. Each of the policy changes are effective January 1, 2011 and are available in their entirety at [https://epg.modot.org/index.php?title=Category:400_FLEXIBLE_PAVEMENT EPG 400 Flexible Pavement].<br /> <br /> * MoDOT will use a centerline-out, traffic-volume-down philosophy when planning STIP and operating budgets. Simply stated, MoDOT will dedicate the resources needed to achieve the department’s pavement goals and the resources needed to sustain it as the first priority in the STIP and budget process.<br /> <br /> * MoDOT’s maintenance forces will focus on quality work that looks and rides good when completed.<br /> <br /> * Contractors and MoDOT maintenance forces will use the same quality standards.<br /> <br /> * All roads will be maintained to be free from large ruts and potholes.<br /> <br /> * Condition Ratings (see [[#144.5.5 PASER Ratings|EPG 144.5.5 PASER Ratings]] for more information on PASER ratings):<br /> <br /> ::* Major Road Pavement Condition Ratings:<br /> <br /> :::• If speed limit is ≥50 mph and IRI &lt; 100, then pavement condition is good<br /> <br /> :::• If speed limit is &lt;55 mph, IRI &gt; 100, and PASER rating is 7 or greater, then pavement condition is good<br /> <br /> ::* &gt; 400 ADT Minor Road Pavement Condition Ratings:<br /> <br /> :::• If IRI &lt; 140, then pavement condition is good<br /> :::• If IRI &gt; 140 and PASER rating is 5 or greater, then pavement condition is good.<br /> :::• If IRI &gt; 170, pavement condition cannot be rated as good, no matter the PASER rating.<br /> <br /> ::* &lt; 400 ADT Minor Road Pavement Condition Ratings:<br /> <br /> :::• If IRI &lt; 170, then pavement condition is good<br /> <br /> :::• If IRI &gt; 170 and PASER rating is 3 or greater, then pavement condition is good<br /> <br /> :::• If IRI &gt; 220, pavement condition cannot be rated as good, no matter the PASER rating<br /> <br /> * Use the pavement management tool to record five-year pavement plan for each district. A minimum of three years of operating budget projects should be included.<br /> <br /> * It is permissible to use hot mix rather than cold mix as long as both the cost effectiveness of the treatment and the long-term maintenance implications of the project are examined prior to the selection of the material.<br /> <br /> * Use a larger aggregate cold mix to build structure on roads that habitually are problems.<br /> <br /> * It is not required to fly coat new limestone chip seals on minor roads &lt; 400 ADT.<br /> <br /> * Contracted chip seals are allowed on low-volume (&lt; 2,500 ADT) major roads (no limestone on majors). MoDOT forces are allowed to complete fine aggregate chip seals on low-volume (&lt; 2,500 ADT) major roads.<br /> <br /> * Use professional looking joint and crack sealing as part of the pavement preservation strategy.<br /> <br /> ===144.5.3.2 Materials===<br /> <br /> * Use the Pavement Selection Matrix based on ADT and type of road (major/minor) for available treatment strategies.<br /> <br /> * Strategies for the next five years primarily should be short- to medium-term treatments that have high productivity and low cost.<br /> <br /> ===144.5.3.3 Equipment===<br /> <br /> * Focus on quality and productivity.<br /> <br /> * Share expensive, high-production equipment such as chippers, rotomills, distributors and motor graders.<br /> <br /> ===144.5.3.4 Labor===<br /> <br /> Work as teams between areas and districts to ensure high productivity and quality work.<br /> <br /> ===144.5.3.5 Performance Measures===<br /> <br /> * Percent of roadways (major/minors) in good condition.<br /> * Dollars invested in pavement maintenance per lane mile (STIP and Operating Budget).<br /> <br /> ===144.5.3.6 [http://flexmaps.dot.missouri/index.html?configlink=paveproj Pavement Planning Tool]===<br /> <br /> In mid-2010, [http://sp/sites/tp/Pages/default.aspx Transportation Planning Division] developed a tool to track, analyze and update pavement condition on Missouri routes. The application will predict the future condition of roads in the state using current condition ratings, pavement deterioration rates and the life expectancy of pavement treatments.<br /> <br /> The Pavement Tool provides managers with current condition information and ARAN video to help identify critical routes, and assist in establishing the most efficient five year pavement plan possible. The pavement management tool records five years of pavement plan for each district with a minimum of three years of operating budget projects included.<br /> <br /> [[image:144.5.3.6.jpg|center|600px]]<br /> <br /> ==144.5.4 Quality Assurance Plan==<br /> <br /> In order to ensure the highest quality in MoDOT’s pavement maintenance operations, it is essential to outline the roles of each individual involved in the process. Each individual plays an important role in effectively and efficiently providing quality roads for our customers. It is vital to explain the purpose of MoDOT’s pavement maintenance plan and the importance of applying the right treatment to the right road at the right time. The following titles and responsibilities provide not only details of the processes each title is involved, but also details the levels of accountability to ensure the most cost effective and procedurally efficient actions are being pursued at all times.<br /> [[image:144.5.4.jpg|right|300px]]<br /> <br /> '''Maintenance Personnel'''<br /> <br /> * Performing duties &lt;u&gt;safely and efficiently&lt;/u&gt; are the most important roles of the employee.<br /> <br /> * This group includes all full-time maintenance employees, employees from other divisions and seasonal employees.<br /> <br /> * These employees have been trained and are qualified to perform pavement maintenance operations.<br /> <br /> * There will be an identified leader for each part (traffic control, rolling operations, truck operations, etc.) of the project.<br /> <br /> '''Supervisors'''<br /> <br /> * Supervisors, or designated supervising employee, are responsible for the personnel, equipment and materials assigned to their area.<br /> <br /> * The supervisors are responsible for the following actions:<br /> <br /> ::* Documenting and reporting personnel, equipment and material information,<br /> <br /> ::* Ensuring the appropriate material application rates are utilized,<br /> <br /> ::* Keeping the Maintenance Superintendent informed of all pavement maintenance activities and accomplishments,<br /> <br /> ::* Effectively managing overtime of employees, according to MoDOT policy, and<br /> <br /> ::* Performing quality assurance reviews of roads under their supervision.<br /> <br /> * These employees communicate directly with the district customer service representatives.<br /> <br /> '''Maintenance Superintendent (MS)'''<br /> <br /> * The MS coordinates activities among the maintenance buildings under the MS's supervision.<br /> <br /> * The MS is tasked with keeping the MS's immediate supervisor informed of pavement maintenance activities.<br /> <br /> * The MS ensures supervisors are communicating directly with district customer service representatives.<br /> <br /> * Operationally, the MS ensures consistency among buildings within the MS's area, coordinates equipment needs and repairs with General Services, and performs quality assurance reviews within the area or district.<br /> <br /> * The Office Superintendent may coordinate operations within the district, with other districts, and Central Office.<br /> <br /> * The MS ensures the optimization of personnel, equipment and materials.<br /> <br /> * The MS is responsible for addressing public concerns.<br /> <br /> * The MS ensures the use of quality materials.<br /> <br /> '''District Pavement Specialist'''<br /> <br /> * The District Pavement Specialist establishes pavement plans with the assistance of the District Maintenance Engineer and other district personnel to ensure that the right treatment is applied to the right road based on budgets, current pavement condition and goals of MoDOT.<br /> <br /> * The District Pavement Specialist assists in the creation of the pavement maintenance program with the Office Superintendent by identifying specific routes and products, assists with pre-planning meetings, quality assurance, equipment calibration and material usage rates and evaluates the performance of pavement treatments used on projects in the district.<br /> <br /> * The District Pavement Specialist continuously analyzes the pavement tool and ensure the accuracy of all data entered through communication with the Area Engineers and/or MSs.<br /> <br /> * The District Pavement Specialist enters and/or updates STIP projects. Communication with design personnel is paramount to knowing what treatment the road is to receive.<br /> <br /> * The District Pavement Specialist makes recommendations for effective pavement treatments, and for problems involving pavement treatments.<br /> <br /> * The District Pavement Specialist ensures the use of quality materials.<br /> <br /> '''Area Engineer (AE)/Corridor Engineer (CE)'''<br /> <br /> * The Area Engineer or Corridor Engineer coordinates equipment and personnel among superintendents in the AE's/CE's area.<br /> <br /> * Operationally, the AE/CE will perform quality assurance reviews for their areas, and ensures compliance with MoDOT policies and procedures, as well as consistency between areas.<br /> <br /> * The AE/CE is responsible for addressing public concerns.<br /> <br /> '''District Maintenance Engineer (DME)/District Maintenance &amp; Traffic Engineer (DMTE)'''<br /> <br /> * The District Maintenance Engineer or District Maintenance &amp; Traffic Engineer will ensure consistency in district pavement maintenance operations.<br /> <br /> * The DME/DMTE is responsible for ensuring all employees are appropriately trained.<br /> <br /> * The DME/DMTE will communicate with other districts and the Central Office, and is responsible for responding to public concerns.<br /> <br /> * The DME/DMTE reports pavement maintenance activities to district management.<br /> <br /> * Operationally, the DME/DMTE ensures district equipment and material needs are met and ensures quality assurance reviews are performed in the district.<br /> <br /> '''District Engineer (DE)/Assistant District Engineer (ADE)'''<br /> <br /> * The DE and/or ADE address public concerns.<br /> <br /> * The DE is responsible for overall pavement maintenance operations in the district.<br /> <br /> * The DE will designate someone within the district as a pavement specialist to lead the development of the planning effort and to ensure the quality completed work.<br /> <br /> '''Central Office Maintenance Liaison Engineer'''<br /> <br /> * Ensures consistency of statewide pavement maintenance operations.<br /> <br /> * Leads the statewide quality assurance and best practices team.<br /> <br /> * Assists in the development of the pavement management plan, as needed.<br /> <br /> ==144.5.5 PASER Ratings==<br /> <br /> In the late 1980s, the Transportation Information Center at the University of Wisconsin – Madison developed a [http://epdfiles.engr.wisc.edu/pdf_web_files/tic/manuals/Asphalt-PASER_02.pdf ''Pavement Surface Evaluation and Rating (PASER) Manual'']. <br /> <br /> The following is an excerpt from the PASER Manual:<br /> <br /> :''PASER uses visual inspection to evaluate pavement surface conditions. The key to a useful evaluation is identifying different types of pavement distress and linking them to a cause. Understanding the cause for current conditions is extremely important in selecting an appropriate maintenance or rehabilitation technique.<br /> <br /> [[image:144.5.4.2.jpg|right|300px]]<br /> :''There are four major categories of common asphalt pavement surface distress:<br /> :*'' Surface defects<br /> <br /> :::•'' Raveling, flushing, polishing.<br /> <br /> :*'' Surface deformation<br /> <br /> :::•'' Rutting, distortion – rippling and shoving, settling, frost heave.<br /> <br /> :*'' Cracks<br /> <br /> :::•'' Transverse, reflection, slippage, longitudinal, block, and alligator cracks.<br /> <br /> :*'' Patches and potholes<br /> <br /> :''Deterioration has two general causes: environmental due to weathering and aging, and structural caused by repeated traffic loadings. Most pavement deterioration results from both environmental and structural causes. However, it is important to try to distinguish between the two in order to select the most effective rehabilitation techniques.<br /> <br /> :''The rate at which pavement deteriorates depends on its environment, traffic loading conditions, original construction quality, and interim maintenance procedures. Poor quality materials or poor construction procedures can significantly reduce the life of a pavement. As a result, two pavements constructed at the same time may have significantly different lives, or certain portions of a pavement may deteriorate more rapidly than others. On the other hand, timely and effective maintenance can extend a pavement’s life. Crack sealing and seal coating can reduce the effect of moisture in aging of asphalt pavement.<br /> <br /> :''With all of these variables it is easy to see why pavements deteriorate at various rates and why we find them in various states of disrepair. Recognizing defects and understanding their causes helps us rate pavement condition and select cost-effective repairs.<br /> <br /> Each district will tailor its pavement plans to maximize the number of miles of roads in good condition using the least amount of resources. Choosing the most appropriate pavement treatment at the right time is critical in meeting the goals set forth in each district’s pavement plan. The PASER rating will be a useful tool in rating the initial pavement condition so that the most cost-effective maintenance treatment can be selected. Examples of PASER ratings and how they relate to specific treatments and the district’s pavement plan are described in the following table:<br /> <br /> ===&lt;center&gt;PASER Rating System&lt;/center&gt;=== <br /> <br /> {| border=&quot;1&quot; class=&quot;wikitable&quot; style=&quot;margin: 1em auto 1em auto&quot; style=&quot;text-align:left&quot;<br /> |+ <br /> ! style=&quot;background:#BEBEBE&quot; width=100 align=&quot;center&quot;|Surface Rating!! style=&quot;background:#BEBEBE&quot; align=&quot;center&quot;|Visible Distress&lt;sup&gt;'''1'''&lt;/sup&gt; !! style=&quot;background:#BEBEBE&quot; align=&quot;center&quot;|General Condition/Treatment Measures<br /> |-<br /> |align=&quot;center&quot;|'''10&lt;br/&gt;Excellent'''||None||New construction<br /> |-<br /> |align=&quot;center&quot;|'''9&lt;br/&gt;Excellent'''||None||Recent overlay. Like new.<br /> |-<br /> |align=&quot;center&quot;|'''8&lt;br/&gt;Very Good'''||No longitudinal cracks except reflection of paving joints.&lt;br/&gt;Occasional transverse cracks, widely spaced (40' or greater).&lt;br/&gt;All cracks sealed or light (open less than 1/4&quot;).||Recent sealcoat or new cold mix. Little or no maintenance required.<br /> |-<br /> |align=&quot;center&quot;|'''7&lt;br/&gt;Good'''||Very slight or no raveling, surface shows some traffic wear.&lt;br/&gt;Longitudinal cracks (open 1/4&quot;) due to reflection or paving joints.&lt;br/&gt;Transverse cracks (open 1/4&quot;) spaced 10' or more apart, little or slight crack raveling. No patching or very few patches in excellent condition.||First signs of aging. Maintain with routine crack filling.<br /> |-<br /> |align=&quot;center&quot;|'''6&lt;br/&gt;Good'''||Slight raveling (loss of fines) and traffic wear.&lt;br/&gt;Longitudinal cracks (open 1/4&quot; - 1/2&quot;), some spaced less than 10'.&lt;br/&gt;First signsof block cracking. Slight to moderate flushing or polishing.&lt;br/&gt;Occasional patching in good condition.||Shows signs of aging. Sound structural condition. Could extend life with sealcoat.<br /> |-<br /> |align=&quot;center&quot;|'''5&lt;br/&gt;Fair'''||Moderate to severe raveling (loss of fine and coarse aggregate).&lt;br/&gt;Longitudinal and transverse cracks (open 1/2&quot;) show first signs of slight raveling and secondary cracks. First signs of longitudinal cracks near pavement edge. Block cracking up to 50% of surface. Extensive to severe flushing or polishing. Some patching or edge wedging in good condition.||Surface aging. Sound structural condition. Needs sealcoat or thin non-structural overlay (less than 2&quot;).<br /> |-<br /> |align=&quot;center&quot;|'''4&lt;br/&gt;Fair'''||Severe surface raveling. Multiple longitudinal and transverse cracking with slight raveling. Longitudinal cracking in wheel path. Block cracking (over 50% of surface). Patching in fair condition.&lt;br/&gt;Slight rutting or distortions (1/2&quot; deep or less).||Significant aging and first signs of need for strengthening. Would benefit from a structural overlay (2&quot; or more).<br /> |-<br /> |align=&quot;center&quot;|'''3&lt;br/&gt;Poor'''||Closely spaced longitudinal and transverse cracks often showing raveling and crack erosion. Severe block cracking. Some alligator cracking (less than 25% of surface). Patches in fair to poor condition.&lt;br/&gt;Moderate rutting or distortion (1&quot; to 2&quot; deep). Occasional potholes.||Needs patching and repair prior to major overlay. Milling and removal of deterioration extends the life of overlay.<br /> |-<br /> |align=&quot;center&quot;|'''2&lt;br/&gt;Very Poor'''||Alligator cracking (over 25% of surface).&lt;br/&gt;Severe distortion (over 2&quot; deep).&lt;br/&gt;Extensive patching in poor condition.&lt;br/&gt;Potholes.||Severe deterioration. Needs reconstruction with extensive base repair. Pulverization of old pavement is effective.<br /> |-<br /> |align=&quot;center&quot;|'''1&lt;br/&gt;Failed'''||Severe distress with extreme loss of surface integrity.||Failed. Needs total reconstruction.<br /> |-<br /> |colspan=&quot;3&quot;|&lt;sup&gt;'''1'''&lt;/sup&gt; Individual pavements will not have all of the types of distress listed for any particular rating. They may have only one or two types.<br /> |}<br /> <br /> <br /> ===144.5.5.1 PASER Rating 1===<br /> <br /> PASER ratings of 1 or 2, as illustrated below, may lead a district to keep these routes free from large ruts or potholes. There may not be enough resources to bring routes like these up to good condition.<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot; align=&quot;center&quot;<br /> |-<br /> |[[image:144.5.5.1.1.jpg|center|700px]]<br /> |-<br /> |[[image:144.5.5.1.2.jpg|center|700px]]<br /> |}<br /> <br /> ===144.5.5.2 PASER Rating 2===<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot; align=&quot;center&quot;<br /> |-<br /> |[[image:144.5.5.2.1.jpg|center|700px]]<br /> |-<br /> |[[image:144.5.5.2.2.jpg|center|700px]]<br /> |}<br /> <br /> ===144.5.5.3 PASER Rating 3===<br /> <br /> PASER ratings of 3 through 5 may lead a district to use a more substantial treatment such as placing 1” – 2 ¾” of asphalt to bring the PASER rating of the roadway to good and achieve a smooth ride with an IRI less than 140.<br /> {| style=&quot;margin: 1em auto 1em auto&quot; align=&quot;center&quot;<br /> |-<br /> |[[image:144.5.5.3.1.jpg|center|700px]]<br /> |-<br /> |[[image:144.5.5.3.2.jpg|center|700px]]<br /> |}<br /> <br /> ===144.5.5.4 PASER Rating 4===<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot; align=&quot;center&quot;<br /> |-<br /> |[[image:144.5.5.4.1.jpg|center|700px]]<br /> |-<br /> |[[image:144.5.5.4.2.jpg|center|700px]]<br /> |}<br /> <br /> ===144.5.5.5 PASER Rating 5===<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot; align=&quot;center&quot;<br /> |-<br /> |[[image:144.5.5.5.1.jpg|center|700px]]<br /> |-<br /> |[[image:144.5.5.5.2.jpg|center|700px]]<br /> |}<br /> <br /> ===144.5.5.6 PASER Rating 6===<br /> <br /> If the PASER ratings are greater than 6, the district may elect to use a preventative maintenance treatment such as a UBAWS or a chip seal in order to keep the roadway in good condition.<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot; align=&quot;center&quot;<br /> |-<br /> |[[image:144.5.5.6.1.jpg|center|700px]]<br /> |-<br /> |[[image:144.5.5.6.2.jpg|center|700px]]<br /> |}<br /> <br /> ===144.5.5.7 PASER Rating 7===<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot; align=&quot;center&quot;<br /> |-<br /> |[[image:144.5.5.7.1.jpg|center|700px]]<br /> |-<br /> |[[image:144.5.5.7.2.jpg|center|700px]]<br /> |}<br /> <br /> ===144.5.5.8 PASER Rating 8===<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot; align=&quot;center&quot;<br /> |-<br /> |[[image:144.5.5.8.1.jpg|center|700px]]<br /> |-<br /> |[[image:144.5.5.8.2.jpg|center|700px]]<br /> |}<br /> <br /> ===144.5.5.9 PASER Rating 9===<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot; align=&quot;center&quot;<br /> |-<br /> |[[image:144.5.5.9.1.jpg|center|700px]]<br /> |-<br /> |[[image:144.5.5.9.2.jpg|center|700px]]<br /> |}<br /> <br /> ===144.5.5.10 PASER Rating 10===<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot; align=&quot;center&quot;<br /> |-<br /> |[[image:144.5.5.10.1.jpg|center|700px]]<br /> |-<br /> |[[image:144.5.5.10.2.jpg|center|370px]]<br /> |}<br /> <br /> ==144.5.6 Best Practices==<br /> <br /> Using initial pavement condition data to guide the selection process is a best practice that gets positive results. The chart below combines the Pavement Treatment Selection Matrix with the general initial condition of the roadway. '''The chart is simply a starting point and is meant to supplement the Pavement Treatment Selection Matrix.'''<br /> <br /> ===&lt;center&gt;MoDOT Treatment Selection Based on Roadway Condition=== <br /> {| border=&quot;1&quot; class=&quot;wikitable&quot; style=&quot;margin: 1em auto 1em auto&quot; style=&quot;text-align:center&quot;<br /> |+ <br /> ! style=&quot;background:#BEBEBE&quot; rowspan=&quot;2&quot;|Route Type Based on ADT!! style=&quot;background:#BEBEBE&quot; colspan=&quot;3&quot;|Overall Condition of Roadway<br /> |-<br /> ! style=&quot;background:#BEBEBE&quot; |Good Condition&lt;br/&gt;(Goal - Keep in Good Condition)!! style=&quot;background:#BEBEBE&quot;|Poor Condition&lt;br/&gt;(Goal - Bring to Good Condition)!! style=&quot;background:#BEBEBE&quot;|Poor Condition&lt;br/&gt;(Goal – Keep Safe and Passable)<br /> |-<br /> |'''Interstate'''||UBAWS&lt;br/&gt;1 ¾” AC Overlay||Alt. Bid Rehab/Constr.&lt;br/&gt;1 ¾” – 3 ¾” AC Overlay||N/A<br /> |-<br /> |'''[[media:144 Major Highway System 2022.pdf|Major Routes]]'''||Microsurface&lt;br/&gt;UBAWS&lt;br/&gt;1 ¾” AC Overlay&lt;br/&gt;Chip Seal only if ADT &lt; 2,500||Alt. Bid Rehab/Constr.&lt;br/&gt;1 ¾” – 3 ¾” AC Overlay&lt;br/&gt;1” CLC||N/A<br /> |-<br /> |'''Regionally Significant Minor Routes'''||Microsurface&lt;br/&gt;UBAWS&lt;br/&gt;≤ 1 ¾” AC Overlay&lt;br/&gt;Chip Seal||1” – 2 ¾” AC Overlay&lt;br/&gt;1” CLC||N/A<br /> |-<br /> |'''Minor Routes&lt;br/&gt;&gt; 400 ADT'''||Chip Seal&lt;br/&gt;Fog Seal||1” CLC&lt;br/&gt;Cold-Mix Overlay&lt;br/&gt;Hot/ Cold Mix Partial Overlay||Cold-Mix Overlay&lt;br/&gt;Hot/ Cold Mix Partial Overlay<br /> |-<br /> |'''Low Volume Routes&lt;br/&gt;&lt; 400 ADT'''||Chip Seal&lt;br/&gt;Fog Seal||Cold-Mix Overlay&lt;br/&gt;Hot/ Cold Mix Partial Overlay||<br /> Cold-Mix Overlay&lt;br/&gt;Hot/ Cold Mix Partial Overlay<br /> |}<br /> &lt;/center&gt;<br /> <br /> ===144.5.6.1 Pavement Maintenance Direction - Proposed Summer 2013===<br /> <br /> The figures below are simply estimates of costs and life expectancy based on the different types of pavement maintenance. Analysis of the roadway should be completed to determine the correct treatment is being applied to the correct road at the correct time. Cost assessments are based on dollars per '''lane mile'''.<br /> <br /> <br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot; align=&quot;center&quot;<br /> |-<br /> ! rowspan=&quot;4&quot;|&lt;font size = 4.7&gt;&lt;i&gt;Legend:&lt;/i&gt; ||style=&quot;background:#ffffcc&quot; width=250px|Contractor<br /> |-<br /> ! style=&quot;background:#66ccff&quot; width=250px|MoDOT<br /> |-<br /> ! style=&quot;background:#dcdcdc&quot; width=250px|Contractor and/or MoDOT <br /> |}<br /> <br /> {| border=&quot;1&quot; class=&quot;wikitable&quot; style=&quot;margin: 1em auto 1em auto&quot; style=&quot;text-align:center&quot; align=&quot;center&quot;<br /> <br /> |+ <br /> ! style=&quot;background:#BEBEBE&quot; colspan=&quot;4&quot;|Interstates <br /> |-<br /> !width=&quot;170&quot;|Alternate Bid Rehab!!width=&quot;170&quot;| 3 3/4&quot; AC!!width=&quot;170&quot;| 1 3/4&quot; AC!!width=&quot;170&quot;| UBAWS<br /> |-<br /> |style=&quot;background:#ffffcc&quot;|$670,000&lt;br/&gt;25 years||style=&quot;background:#ffffcc&quot;|$180,000&lt;br/&gt; 6 - 8 years||style=&quot;background:#ffffcc&quot;|$95,000&lt;br/&gt; 5 - 7 years||style=&quot;background:#ffffcc&quot;|$80,000&lt;br/&gt; 5 - 7 years<br /> |}<br /> <br /> <br /> {| border=&quot;1&quot; class=&quot;wikitable&quot; style=&quot;margin: 1em auto 1em auto&quot; style=&quot;text-align:center&quot; align=&quot;center&quot;<br /> |+ <br /> ! style=&quot;background:#BEBEBE&quot; colspan=&quot;7&quot;|Major Roads <br /> |-<br /> !width=&quot;110&quot;|Alternate Bid Rehab!!width=&quot;110&quot;| 2 3/4&quot; AC!!width=&quot;110&quot;|1 3/4&quot; AC!!width=&quot;110&quot;|UBAWS!!width=&quot;110&quot;|1&quot; CLC!!width=&quot;110&quot;| Microsurface!!width=&quot;130&quot;|Coarse Aggregate&lt;br/&gt; Chip Seal (Less Than 2,500 ADT)<br /> |-<br /> |style=&quot;background:#ffffcc&quot;|$670,000&lt;br/&gt;25 years||style=&quot;background:#ffffcc&quot;|$140,000&lt;br/&gt; 12 - 15 years||style=&quot;background:#ffffcc&quot;|$70,000&lt;br/&gt; 8 - 10 years||style=&quot;background:#ffffcc&quot;|$60,000&lt;br/&gt; 7 - 9 years||style=&quot;background:#ffffcc&quot;| $30,000&lt;br/&gt;8 - 12 years||style=&quot;background:#ffffcc&quot;| $35,000&lt;br/&gt;6 - 8 years ||style=&quot;background:#ffffcc&quot;|$10,000&lt;br/&gt; 5 - 7 years<br /> |}<br /> <br /> <br /> {| border=&quot;1&quot; class=&quot;wikitable&quot; style=&quot;margin: 1em auto 1em auto&quot; style=&quot;text-align:center&quot; align=&quot;center&quot;<br /> |+ <br /> ! style=&quot;background:#BEBEBE&quot; colspan=&quot;7&quot;|Regionally Significant Minor Roads <br /> |-<br /> !width=&quot;110&quot;|2 3/4&quot; AC!!width=&quot;110&quot;| 1 3/4&quot; AC!!width=&quot;110&quot;|UBAWS!!width=&quot;110&quot;|1&quot; CLC!!width=&quot;110&quot;|Microsurface!!width=&quot;130&quot;|Coarse Aggregate&lt;br/&gt; Chip Seal (Less Than 2,500 ADT)!!width=&quot;130&quot;|Fine Aggregate&lt;br/&gt; Chip Seal (Less Than 2,500 ADT)<br /> |-<br /> |style=&quot;background:#ffffcc&quot;|$140,000&lt;br/&gt;12 - 15 years||style=&quot;background:#ffffcc&quot;|$70,000&lt;br/&gt; 8 - 10 years||style=&quot;background:#ffffcc&quot;|$60,000&lt;br/&gt; 7 - 9 years||style=&quot;background:#ffffcc&quot;|$30,000&lt;br/&gt; 8 - 12 years||style=&quot;background:#ffffcc&quot;| $35,000&lt;br/&gt;6 - 8 years||style=&quot;background:#ffffcc&quot;| $10,000&lt;br/&gt;5 - 7 years ||style=&quot;background:#ffffcc&quot;|$8,000&lt;br/&gt; 3 - 5 years<br /> |}<br /> <br /> <br /> {| border=&quot;1&quot; class=&quot;wikitable&quot; style=&quot;margin: 1em auto 1em auto&quot; style=&quot;text-align:center&quot; align=&quot;center&quot;<br /> |+ <br /> ! style=&quot;background:#BEBEBE&quot; colspan=&quot;6&quot;|Minor Roads, ADT Greater Than 400 <br /> |-<br /> !width=&quot;110&quot;|1&quot; CLC!!width=&quot;110&quot;| Cold Mix Overlay!!width=&quot;130&quot;|Coarse Aggregate&lt;br/&gt; Chip Seal (Less Than 2,500 ADT),&lt;br/&gt;Contract at least 60%!!width=&quot;130&quot;|Fine Aggregate&lt;br/&gt; Chip Seal (Less Than 2,500 ADT),&lt;br/&gt;Contract at least 60%!!width=&quot;120&quot;|Fog Seal/Fly Coat!!width=&quot;130&quot;|Hot or Cold Mix&lt;br/&gt; Partial Overlay<br /> |-<br /> |style=&quot;background:#ffffcc&quot;|$25,000&lt;br/&gt;12 - 15 years||style=&quot;background:#66ccff&quot;|$13,000&lt;br/&gt; 4 - 5 years||style=&quot;background:#dcdcdc&quot;|$10,000&lt;br/&gt; 5 - 7 years||style=&quot;background:#dcdcdc&quot;|$8,000&lt;br/&gt; 3 - 5 years||style=&quot;background:#66ccff&quot;| $2,200&lt;br/&gt;1 - 2 years||style=&quot;background:#66ccff&quot;| $2,000&lt;br/&gt;2 - 3 years <br /> |}<br /> <br /> <br /> {| border=&quot;1&quot; class=&quot;wikitable&quot; style=&quot;margin: 1em auto 1em auto&quot; style=&quot;text-align:center&quot; align=&quot;center&quot;<br /> |+ <br /> ! style=&quot;background:#BEBEBE&quot; colspan=&quot;6&quot;|Minor Roads, ADT Less Than 400 <br /> |-<br /> !width=&quot;130&quot;|Cold Mix Overlay,&lt;br/&gt;Contract at least 50%!!width=&quot;130&quot;|Coarse Aggregate&lt;br/&gt; Chip Seal (Less Than 2,500 ADT),&lt;br/&gt;Contract at least 60%!!width=&quot;130&quot;|Fine Aggregate&lt;br/&gt; Chip Seal (Less Than 2,500 ADT),&lt;br/&gt;Contract at least 60%!!width=&quot;120&quot;|Fog Seal/Fly Coat!!width=&quot;130&quot;|Hot or Cold Mix&lt;br/&gt; Partial Overlay<br /> |-<br /> |style=&quot;background:#66ccff&quot;|$13,000&lt;br/&gt; 4 - 5 years||style=&quot;background:#dcdcdc&quot;|$10,000&lt;br/&gt; 5 - 7 years||style=&quot;background:#dcdcdc&quot;|$8,000&lt;br/&gt; 3 - 5 years||style=&quot;background:#66ccff&quot;| $2,200&lt;br/&gt;1 - 2 years||style=&quot;background:#66ccff&quot;| $1,200&lt;br/&gt;2 - 3 years <br /> |}<br /> <br /> ===144.5.6.2 Chip Seals===<br /> <br /> '''''Operations'''''<br /> <br /> * Follow guidelines of “[http://sharepoint/systemdelivery/MT/pavementandcontracts/Shared%20Documents/Chip%20Seal%20Book.pdf Chip Seal Reference Book (Training Manual)].”<br /> <br /> * Use pup trailers, live bottom trailers and belly dump trailers for bulk hauling. Contracted hauling should also be considered, if available and cost effective.<br /> <br /> * Consider speed reductions (suggested warning placard or speed limit sign) during chip seal operations to limit liability claims. A pilot truck should also be used.<br /> <br /> * Complete all drainage and pipe replacement at least one year prior to pavement treatment to allow soil to settle.<br /> <br /> * Fly coat/fog seal chip seal projects completed with limestone in order to extend the life of the pavement treatment and increase customer satisfaction.<br /> <br /> '''''Fleet'''''<br /> <br /> * Use a adjustable width or infinite material feed control chip spreader to increase efficiency and quality while also limiting waste.<br /> <br /> * Identify all fleet needs (trucks, distributors, rollers, brooms, etc.) that will be used for chip seal projects at the pre-season meeting in order to ensure availability.<br /> <br /> * Minimum fleet required for chip sealing projects:<br /> <br /> ::* Adjustable Width Chip Spreader<br /> <br /> ::* Tandem Dump Trucks for hauling<br /> <br /> ::* Two Pneumatic Rollers Per Lane (10 ton minimum)<br /> <br /> ::* Self-Propelled Power Brooms<br /> <br /> ::* Computer-Controlled Distributor Trucks (2,000 gallon minimum)<br /> <br /> * Calibrate all equipment at the beginning of the maintenance season, and recalibrate periodically throughout the season.<br /> <br /> '''''Materials'''''<br /> <br /> Material use varies greatly depending on geographical location and supply changes. MoDOT personnel should keep an open mind on what materials are used. Transporting of materials is a major factor in what should be done. As fuel prices fluctuate, MoDOT staff should continue to review and analyze all options (rail, contract trucking, MoDOT trucking, barge, etc.) for transporting materials. The best materials this year may not be the best next year. Each formulation of materials for each process should be carefully calculated to optimize the use of funds.<br /> <br /> * Use a design method similar to that used in ''Chip Seal Reference Book''.<br /> <br /> * CRS2P oil should be used for continuous chip seal operations.<br /> <br /> * Use an effective lightweight aggregate on higher-volume chip seal routes. Haydite, a lightweight aggregate, is recommended, if available. Advantages of haydite include:<br /> <br /> ::* Higher skid numbers than typical limestone,<br /> <br /> ::* Minimal claims for car damage,<br /> <br /> ::* Elimination of complaints associated with limestone, such as dust clouds and perceived “gravel roads,”<br /> <br /> ::* Better contrast for striping, and<br /> <br /> ::* Elimination of the need for fly coating/fog sealing, where required.<br /> <br /> * Use clean, washed, quality aggregate to produce the highest quality chip seals.<br /> <br /> ===144.5.6.3 Asphalt Pavement Repair / Full or Partial Overlays===<br /> <br /> '''''Operations'''''<br /> <br /> * Refer to [[:Category:170 Maintenance Activity Planning Guidelines|EPG 170 Maintenance Planning Guidelines]] for all types (R312, for permanent).<br /> <br /> * Use milling machine for a smooth patch for select locations on major roads.<br /> <br /> * Use a hot box when using hot mix or cold mix to keep the material hot for better workability and a quality patch.<br /> <br /> * Fly coat/fog seals should be applied to cold mix routes to extend the life of the pavement treatment substantially nd increase customer satisfaction. Blot as needed with appropriate fine aggregate material.<br /> <br /> '''''Fleet'''''<br /> <br /> * Minimum fleet required for asphalt pavement repair/partial overlay projects:<br /> <br /> ::* Self-Propelled Steel Roller (10-12 ton minimum)<br /> :::•For low volume minor routes, a pull-behind roller (4-5 ton minimum) may be used.<br /> ::* Tandem dump trucks for hauling<br /> ::* Distributor Trucks or Trailers<br /> ::* Motorgraders (minor roads only)/pull paver/rented self-propelled paver<br /> <br /> * Use a pull paver or rented self-propelled paver to lay hot mix and sometimes cold mix.<br /> <br /> * Lay larger sections of cold mix using a motor grader or pull paver. Motor grader operations should be reserved for experienced operators.<br /> <br /> * Calibrate all equipment at the beginning of the maintenance season, and recalibrate periodically throughout the season.<br /> <br /> * Use road millings as a coarse aggregate, if available.<br /> <br /> '''''Materials'''''<br /> <br /> * Allow the use of hot mix in lieu of cold mix for patching cold mix routes when hot mix is cheaper.<br /> <br /> * EA150, EA300, CRS2 or SS1 oil should be used as tack for asphalt pavement repairs or partial overlay projects. EA150 and EA300 should be used for premix.<br /> <br /> * Use either ½&quot; fine premix or 1&quot; coarse premix for cold mix asphalt overlay projects.<br /> <br /> ===144.5.6.4 Concrete Repair===<br /> <br /> '''''Operations'''''<br /> <br /> * Use the HRED [http://sharepoint/systemdelivery/MT/pavementandcontracts/Shared%20Documents/Concrete%20Book%20the%20Little%20Book.pdf “Concrete Replacement”] publication (2006).<br /> <br /> * Refer to [[:Category:170 Maintenance Activity Planning Guidelines|EPG 170 Maintenance Planning Guidelines]].<br /> <br /> * Dedicate concrete replacement crews to do all concrete repairs in the district/area.<br /> <br /> * Establish self-contained trailers for pavement repair.<br /> <br /> * Use appropriate [http://sharepoint/safety/csp/SitePages/PPE.aspx personal protective equipment (PPE)] and engineering controls, as needed.<br /> <br /> * Use “Wet Concrete” signs to inform the traveling public when concrete is curing and no workers present in a work zone.<br /> <br /> '''''Fleet'''''<br /> <br /> Calibrate all equipment at the beginning of the maintenance season, and recalibrate periodically throughout the season, as needed.<br /> <br /> '''''Materials'''''<br /> <br /> Concrete must reach a minimum strength requirement – according to specification – before route is reopened to traffic.<br /> <br /> ===144.5.6.5 Fog Seal/Fly Coat===<br /> <br /> '''''Operations'''''<br /> <br /> * This preventive treatment should be limited to cold-mix roads or shoulders on Hot-Mix Asphalt (HMA) roads. Do not apply fog seals to HMA driving surfaces due to concerns related to altering the frictional properties of the pavement.<br /> <br /> * Multiple light applications perform better than one heavy application.<br /> <br /> '''''Fleet'''''<br /> <br /> * Minimum fleet recommended for fog seal/fly coat projects:<br /> <br /> ::* Computer-Controlled Distributor Trucks<br /> ::* Sander truck, if necessary<br /> ::* Broom (for use prior to fog seal/fly coat)<br /> <br /> * It is recommended to calibrate each distributor at the beginning of each season and recalibrate as necessary.<br /> <br /> * Traffic control measures should be considered, including the use of a pilot vehicle.<br /> <br /> '''''Materials'''''<br /> <br /> * Slow setting asphalt, such as SS1, SS1H, CSS1, and CSS1H are appropriate for fly coating/fog sealing. If a faster set time is desired, CSQ1F is specifically designed to be a faster setting asphalt emulsion and is ideal for fog-sealing with time constraints.<br /> <br /> * Application rates are typically in the range of 0.08 to 0.15 gallons per square yard (diluted).<br /> <br /> ===144.5.6.6 Hand Patching===<br /> <br /> '''''Operations'''''<br /> <br /> * Use of a hot box when using hot mix or cold mix keeps the material hot for better workability and a quality patch.<br /> <br /> * Utilize a backpack blower in lieu of an air compressor or broom to clean debris from the roadway for small patching locations.<br /> <br /> * Area being repaired should be squared for a quality patch.<br /> <br /> * Use a flat plate compactor or steel drum roller to finish patch.<br /> <br /> '''''Fleet'''''<br /> <br /> Traffic control measures should be considered, including the use of a pilot vehicle.<br /> <br /> '''''Materials'''''<br /> <br /> * Use quality grade hot or cold mix asphalt.<br /> <br /> * Tacking the hole improves the effectiveness of the repair.<br /> <br /> ===144.5.6.7 Communication===<br /> <br /> * Arrange district-wide, pre-season meetings prior to the start of the chip seal operations each year to discuss the details of the jobs that will be completed during the year.<br /> <br /> * Organize pre-job meetings to discuss the details of specific jobs.<br /> <br /> * Share leased equipment between districts with similar needs to share expenses.<br /> <br /> * Collaborate with district Community Relations personnel to create public information pieces to inform our customers on work to be completed. Examples of successful public relations pieces are news releases, brochures/maps, and messages displayed on CMS boards.<br /> <br /> ===144.5.6.8 Labor===<br /> <br /> * Use a pilot car if the road is not completely closed.<br /> <br /> * Fully use staff by crossing areas, and possibly district boundaries for more effective, efficient operations on larger jobs.<br /> <br /> * Dedicate experienced operators for chip spreader, distributor truck, and rollers with trained back-up(s).<br /> <br /> * Ensure an equipment technician (mechanic) is on-site to quickly address any break downs.<br /> <br /> ==144.5.7 Frequently Asked Questions==<br /> <br /> '''1. Why is MoDOT putting more emphasis into pavement maintenance?'''<br /> <br /> :Pavement condition is the number one factor associated with customer satisfaction. As part of the Five-Year Direction, MoDOT is focusing on keeping our good roads good and improving the condition of our minor roads. With limited funds the Department will focus on maintaining the condition of the system rather than expanding it. Pavement preservation has always been a priority of the department. MoDOT’s goal is to continue to have 85 percent of the majors in good condition and improve the condition of minor roads.<br /> <br /> '''2. Where will the additional resources come from?'''<br /> <br /> :Efficiencies in other areas of operations will be redirected to achieving the Five-Year Direction. Initially these resources will be directed to minor road pavements. The overall effort of Practical Operations will result in cost efficiencies in mowing, signing, striping, personal services, fleet, and winter operations. Pavement maintenance will be the first priority when setting district budgets.<br /> <br /> '''3. How will the work be performed?'''<br /> <br /> :Pavement maintenance work will be managed with a coordinated effort of in-house personnel and contract work.<br /> <br /> '''4. Why are we putting on thinner treatments?'''<br /> <br /> :The Smooth Road Initiative (SRI) proved thinner, cost-effective treatments can improve larger portions of the statewide system. Additionally, MoDOT is looking to shorter-term solutions to improve more miles keeping our overall system in the best condition possible.<br /> <br /> '''5. What if an area wants to do a different treatment not identified on the pavement maintenance matrix?'''<br /> <br /> :The matrix is just a guideline; however, you should discuss exceptions with a Central Office pavement team member and district management. Research should also be made aware of the project in order to properly track the results.<br /> <br /> '''6. Why did we change the rating criteria on minor roads?'''<br /> <br /> :The new rating system provides a more realistic/fair method to evaluate the condition of our minor roads.<br /> <br /> '''7. What does MoDOT mean by “centerline- out philosophy?”'''<br /> <br /> :This means that the driving surface will be the primary focus of our efforts. In order, the priorities of our operational efforts will be pavement, stripes, signs, followed by mowing. The purpose for the centerline-out philosophy is to ensure that MoDOT is maintaining the condition of our roads and our customer satisfaction.<br /> <br /> '''8. Who is going to ensure everyone is doing the same thing?'''<br /> <br /> :A quality assurance plan has been developed to ensure consistency of effort by each district. It is every employee’s responsibility to make certain that overall quality is consistently pursued.<br /> <br /> '''9. Why are we using the Pavement Management Tool?'''<br /> <br /> :The tool allows us to better optimize our resources, forecast future pavement condition and projects, and provides a thorough database of treatments that are currently on the road.<br /> <br /> '''10. Why are we working on pavement that is already in good condition when we have roads that are poor?'''<br /> <br /> :It is more cost effective to keep good roads in good condition rather than rehabilitate bad roads. MoDOT will continue to keep all roads safe and passable.<br /> <br /> '''11. Where does drainage fit into the maintenance plan?'''<br /> <br /> :Good drainage is a key to long pavement life, and should be considered when analyzing treatment options.<br /> <br /> '''12. Should we crack seal/joint seal?'''<br /> <br /> :When applied at the right time, crack sealing is a cost effective method to extending pavement life. Use professional looking joint and crack sealing as a pavement preservation strategy.<br /> <br /> '''13. Why is MoDOT changing my road from hot mix to cold mix?'''<br /> <br /> :In general, hot mix asphalt has limited availability and is more expensive than cold mix asphalt. MoDOT is focused on trying to keep as many miles of road in good condition as possible with its limited resources. If hot mix applications can be done for the same price as cold mix, MoDOT will consider hot mix.<br /> <br /> [[image:144.5.7.jpg|center|650px]]<br /> <br /> ==144.5.8 Implementation Plan==<br /> <br /> In order for the changes discussed in the preceding pages to be successful, a clear plan of implementation and guidance must be established. As previously mentioned, these revisions will be implemented on January 1, 2011.<br /> <br /> '''Step One – Education (Internal)'''<br /> <br /> Perhaps the most important step in implementation of these changes will be the education of key personnel. Training of all affected employees will be completed by May 1, 2011, and will include each of the aspects included in this manual.<br /> <br /> :* Policy Changes<br /> :* Material Use/Selection<br /> :* PASER Ratings<br /> :* Labor/Overtime<br /> :* Public Relations<br /> :* FAQs<br /> :* Quality Assurance<br /> :* Pavement Selection Matrix<br /> <br /> Operations and district Community Relations staff members will provide information to educate MoDOT staff on the key changes to the operations that will impact them directly. The information will include how to respond to questions about the new policies.<br /> <br /> '''Step Two – Education (External)'''<br /> <br /> The public will be informed of the new pavement maintenance focused operations plan. Outreach efforts will take place with key audiences including the Missouri State Highway Patrol, local law enforcement, and elected officials. All district customer service representatives will be provided with information on how to respond to customer inquiries about pavement maintenance operations. The message will focus on the need to preserve the state transportation system.<br /> <br /> ==144.5.9 Outcomes==<br /> <br /> Ultimately, the purpose of the Five-Year Direction is to maintain customer satisfaction with a declining construction program. In order to accomplish this, MoDOT is significantly changing its direction and implementing cost-saving strategies. Over the duration of the Five-Year Direction, the targeted strategies will result in over $200 million being redirected specifically for the purpose of keeping major roads in good condition, improving minor roads and holding existing condition on bridges.<br /> <br /> {| style=&quot;margin: 1em auto 1em auto&quot;<br /> |-<br /> |[[image:144.5.9.1.jpg|center|650px]]<br /> |-<br /> |[[image:144.5.9.2.jpg|center|650px]]<br /> |}<br /> <br /> <br /> <br /> [[Category:144 Practical Operations|144.5]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=106.17_New_Product_Evaluation&diff=51790 2022-08-30T15:18:19Z

<p>Hallej1: </p> <hr /> <div>[[image:106.19.jpg|right|125px]]<br /> {|style=&quot;padding: 0.3em; margin-right:10px; border:2px solid #a9a9a9; text-align:left; font-size: 95%; background:#f5f5f9&quot; width=&quot;360px&quot; align=&quot;left&quot; <br /> |-<br /> |align=&quot;center&quot;|'''New Product Submittals'''<br /> |-<br /> |With each new product submittal, the following information must be provided:<br /> |-<br /> |• [https://www.modot.org/traffic New Product Evaluation Form]<br /> |-<br /> |• The applicable MoDOT Specification<br /> |-<br /> |• An appropriately sized sample<br /> |-<br /> |• The Material Safety Data Sheet<br /> |-<br /> |• The required product documentation<br /> |-<br /> |• Any applicable test results<br /> |-<br /> |• All necessary [[106.12 Pre-Acceptance Lists (PAL)|PAL]] documentation (if for PAL submittal)<br /> |-<br /> |• Any additional product information that will be beneficial for our review<br /> |}<br /> <br /> <br /> The [https://www.modot.org/traffic New Product Evaluation Form] submits new products for possible addition to the MoDOT pre-established product lists (Construction and Material’s Qualified List (QL), Pre-Acceptance List (PAL), Crashworthy End Terminal Listing (CETL), or Traffic’s Approved Products List (APL) for Traffic Signals and Highway Lighting Equipment). This form shall also be used to submit new products where no MoDOT standard or specification currently exists (that is, for new products considered experimental or innovative). A separate form must be completed for each new product submitted. MoDOT may require updates, re-completion of this form or further testing to maintain approved status of products. <br /> <br /> In an effort to make the new products evaluation procedure more efficient and to track all new submittals, MoDOT has adopted a one-person central contact. All submittals will be sent to the New Products Coordinator, located in [http://sp/sites/cm/Pages/default.aspx Construction and Materials Division]. The New Products Coordinator will be in direct contact with the appropriate divisions for product evaluation. <br /> <br /> Upon submittal, the New Products Coordinator reviews the completed New Product Evaluation (NPE) Form along with accompanying information for MoDOT use. Incomplete NPE forms and/or erroneous information on the form cause products to be rejected for evaluation. The New Products Coordinator contacts the highway authorities and other state agencies that the vendor reports as using the product. In performing the initial review, the following will be considered: <br /> <br /> :1) Does the documentation received indicate that the product will perform as stated? <br /> :2) Does a true need exist for the product in MoDOT? <br /> :3) Will the product be economically competitive? <br /> <br /> This form is used for all products, routine or otherwise. As such, the amount of testing and type of evaluation required for MoDOT approval will depend on many factors and will be determined by the appropriate MoDOT personnel that use similar products. Following the review of the completed NPE Form, the New Products Coordinator will consult pertinent MoDOT divisions. If MoDOT desires to further evaluate or test this product, MoDOT determines the methods and needs, then contacts the manufacturer/supplier with details. The manufacturer/supplier may need to supply, at no cost to MoDOT, the product and any special equipment needed to install the product at a MoDOT test site. The manufacturer/supplier will be encouraged to install the product. <br /> <br /> One of the roles of the New Products Coordinator is to track the status of all product submittals. These tracking classifications are important to share with MoDOT personnel so that decisions can be made and MoDOT personnel are informed of what is being evaluated. Examples of MoDOT new product status classifications: <br /> <br /> ::*Proposed: Recently submitted and under initial review. <br /> ::*Declined: Declined for further evaluation. <br /> ::*Currently evaluating: Under evaluation for potential department use. <br /> ::*Approved for use: Evaluated and approved for MoDOT use. <br /> ::*Not approved for use: Evaluated and rejected for MoDOT use. <br /> <br /> '''Submit completed forms to:''' <br /> :::Attn: New Products Coordinator <br /> ::::MoDOT Research <br /> ::::1617 Missouri Blvd <br /> ::::PO BOX 270 <br /> ::::Jefferson City MO 65109 <br /> <br /> :::Email: npef@modot.mo.gov <br /> <br /> [[Category:106 Control of Material]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=750.2_Culverts&diff=51789 2022-08-30T15:11:34Z

<p>Hallej1: </p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:15px; border:1px solid #a9a9a9; text-align:center; font-size: 95%; background:#ffddcc&quot; width=&quot;210px&quot; align=&quot;right&quot; <br /> |-<br /> |'''Concrete Box Culvert, GFRP'''<br /> |-<br /> |[https://spexternal.modot.mo.gov/sites/cm/CORDT/RDT01016.pdf Report 2001]<br /> |-<br /> |'''See also:''' [https://www.modot.org/research-publications Research Publications]<br /> |}<br /> ==750.2.1 General==<br /> The design procedures and design aids presented herein are to be used in the design and analysis of all highway culverts. The hydraulic design of highway culverts is based on the theory and procedures presented in [[750.3 Bridges#12. Schall, J.D., et al.,|Hydraulic Design of Highway Culverts - HDS No. 5]]. These methods are also to be used in the design of median drains. Storm sewer systems may be analyzed by the models of culvert hydraulics, in order to determine water surface elevations at critical points in the system such as at manholes and drop inlets.<br /> <br /> The responsibility for analysis, design and final plans preparation is sometimes shared between districts and Bridge Division. See [[750.7 Non-Hydraulic Considerations#750.7.4.3 Summary of Responsibilities|EPG 750.7.4.3 Summary of Responsibilities]]. This is particularly important information for multiple opening culverts since these culvert types can be classified as bridges and are required to have a bridge number for identification on the system.<br /> <br /> ==750.2.2 Hydraulic Analysis of Culverts==<br /> The FHWA [[#750.2.10 HY-8 Culvert Analysis|HY-8]] computer program as well as other programs may be used for the hydraulic analysis of culverts. <br /> <br /> Hydraulic design of culverts requires analysis of both the &quot;natural conditions&quot; and the &quot;proposed conditions&quot; at the site. In order to show that structures meet Backwater and [[127.9 Floodplain Management and the Regulatory Floodway#127.9.1.1 National Flood Insurance Program Requirements|National Flood Insurance Program Requirements]]. It is also necessary to analyze the &quot;existing conditions&quot;, when replacing an [[748.5 Matching Existing Structures|existing structure]].<br /> <br /> For these reasons, models for culverts shall be developed for three conditions: <br /> <br /> :* Natural conditions - Includes natural channel and floodplain, including all modifications made by others, but without MoDOT structures, <br /> :* Existing conditions - Includes natural conditions and existing MoDOT structure(s), <br /> :* Proposed conditions - Includes natural conditions, existing MoDOT structures if they are to remain in place, and proposed MoDOT structure(s). <br /> <br /> ==750.2.3 Culvert Hydraulics==<br /> Many different types of culvert flow have been observed and classified. However for the purpose of design, only two types of flow are recognized. These are termed inlet control and outlet control. A culvert barrel may flow full over its entire length or may flow partly full. Full flow results in pressure flow within the culvert barrel, while partly full flow is a form of free surface or open channel flow. <br /> <br /> It is possible by means of hydraulic computations to determine the type of flow which will exist in a culvert under a given set of conditions. This is done by assuming that inlet control exists and computing the headwater depth at the inlet based on this assumption. Normally inlet control exists for slopes of 1% or greater. Next it is assumed that outlet control exists and the headwater depth at the culvert inlet is again computed. The larger value of headwater depth, obtained from these computations is the true value and defines the flow regime which exists in the culvert. Type of control is a function of the location of the control section.<br /> <br /> Headwater is defined as the depth of the upstream water surface measured from the invert at the culvert entrance. The invert is the lowest point inside the culvert at a particular cross-section.<br /> <br /> ===750.2.3.1 Inlet Control===<br /> Inlet control exists when the headwater elevation depends on the culvert entrance configuration and the barrel is capable of conveying more flow than the inlet will accept. The properties of the inlet, such as the size, shape and edge treatment control the capacity of the culvert. The control section is at or just inside the culvert inlet. The water surface passes through critical depth at this location, and flow is supercritical in the culvert barrel immediately downstream.<br /> <br /> When a culvert is operating under inlet control the barrel of the culvert has a greater hydraulic capacity than does the inlet. For this reason the capacity of the culvert is dependent only upon the inlet properties and is independent of barrel properties. Under inlet control the culvert behaves as an orifice.<br /> <br /> Nomographs have been developed which provide a headwater-discharge relation for culverts operating under inlet control. These inlet control nomographs are based on an analysis of experimental data obtained from various sources and provides a direct solution to inlet control culvert flow. The following inlet control nomographs may be used in the design and analysis of culverts.<br /> <br /> :[[media:750.2 Inlet Control Nomograph for CMP.pdf|Inlet Control Nomograph for CMP]]<br /> :[[media:750.2 Inlet Control Nomograph for CMP Arch.pdf|Inlet Control Nomograph for CMP Arch]]<br /> :[[media:750.2 Inlet Control Nomograph for Concrete Pipe.pdf|Inlet Control Nomograph for Concrete Pipe]]<br /> :[[media:750.2 Inlet Control Nomograph for Elliptical Concrete Pipe.pdf|Inlet Control Nomograph for Elliptical Concrete Pipe]]<br /> :[[media:750.2 Inlet Control Nomograph for Box Culverts.pdf|Inlet Control Nomograph for Box Culverts]]<br /> <br /> Given the size of the culvert and the flow rate of the culvert the submergence ratio of the culvert, i.e. headwater depth divided by the Depth of the Culvert (HW/D), may be read directly from these nomographs. Use of these nomographs is illustrated on each figure by means of an example.<br /> <br /> ===750.2.3.2 Outlet Control===<br /> Outlet control exists when the headwater elevation depends on the culvert barrel geometry or downstream conditions and the inlet is capable of conveying more flow than the barrel will accept. The control section is either at the downstream end of the barrel or further downstream.<br /> <br /> Outlet control may be of two types; full flow and part full flow. Outlet control with part full flow will occur only when the submergence ratio (HW/D) is near or less than 1.0 and when the culvert is on a mild (subcritical) slope. This type of flow does not occur often in small culverts. Also part full flow under outlet control is very complex and requires the computation of a backwater curve. For these reasons this type of flow will not be treated in detail in this article. However, part full outlet control flow is recognized in the computer program which is available for culvert design computations and occasionally culvert design will be based on this flow regime.<br /> <br /> Full flow outlet control occurs when the culvert barrel flows full throughout its length. This is the most common type of outlet control and the only type to be considered when design computations are carried out by hand. Hereafter the term outlet control will refer to full flow outlet control unless otherwise specified.<br /> <br /> ====750.2.3.2.1 General Outlet Control Equation====<br /> Culverts flowing under outlet control may be modeled by the pipe flow formula as follows:<br /> <br /> :&lt;math&gt;H=\left[1.0+K_e+\frac{29n^2L}{R^{1.33}}\right]\frac{Q^2}{2gA^2}&lt;/math&gt;<br /> <br /> :where:<br /> <br /> :H = total head, ft.<br /> :k&lt;sub&gt;e&lt;/sub&gt; = entrance loss coefficient for a given inlet. Design values for the coefficient &quot;k&lt;sub&gt;e&lt;/sub&gt;&quot; are given in the [[#Entrance Loss Coefficients|Entrance Loss Coefficients]] Table<br /> :n = the roughness coefficient of the culvert barrel. Design values for the coefficient &quot;n&quot; are given in the [[750.1 Open Channels#Roughness Coefficients for Various Materials|Roughness Coefficients for Various Materials]] Table and [[750.1 Open Channels#Composite Roughness|EPG 750.1.4.1.1, Composite Roughness]]<br /> <br /> :L = length of culvert barrel, ft.<br /> :R = hydraulic Radius of the culvert barrel, ft.<br /> :Q = the culvert discharge in ft&lt;sup&gt;3&lt;/sup&gt;/s<br /> :A = culvert waterway area in ft&lt;sup&gt;2&lt;/sup&gt;<br /> <br /> &lt;div id=&quot;Entrance Loss Coefficients&quot;&gt;&lt;/div&gt;<br /> {| style=&quot;margin:1em auto 1em auto&quot; border=&quot;1&quot; class=&quot;wikitable&quot; align=&quot;center&quot; <br /> |+ '''Entrance Loss Coefficients'''<br /> ! style=&quot;background:#BEBEBE&quot;|Type of Structure and Entrance !! style=&quot;background:#BEBEBE&quot;|Coeficient, k&lt;sub&gt;e&lt;/sub&gt; <br /> |-<br /> |align=&quot;center&quot; colspan=&quot;2&quot; style=&quot;background:#FFFF66&quot;| '''Pipe, Concrete'''<br /> |-<br /> |Projecting from fill, socket end || align=&quot;center&quot;|0.20<br /> |-<br /> |Projecting from fill, square cut end || align=&quot;center&quot;|0.50<br /> |-<br /> |Beveled to conform to fill slope || align=&quot;center&quot;|0.70<br /> |-<br /> |End section conforming to fill slope (flared end section) || align=&quot;center&quot;|0.50<br /> |-<br /> |align=&quot;center&quot; style=&quot;background:#FFFFCC&quot;| Headwall or headwall and wingwalls ||<br /> |-<br /> |Socket end of pipe (previously used by MoDOT) || align=&quot;center&quot;|0.20<br /> |-<br /> |Square edge || align=&quot;center&quot;|0.50<br /> |-<br /> |Rounded (Radius = Diameter/12) || align=&quot;center&quot;|0.20<br /> |-<br /> |align=&quot;center&quot; colspan=&quot;2&quot; style=&quot;background:#FFFF66&quot; |'''Pipe, or Pipe-Arch Corrugated Metal''' <br /> |-<br /> |Projecting from fill (no headwalls) || align=&quot;center&quot;|0.90<br /> |-<br /> |Headwall or headwall and wingwalls - square edge (previously used by MoDOT) || align=&quot;center&quot;|0.50<br /> |-<br /> |Beveled to conform to fill slope || align=&quot;center&quot;|0.70<br /> |-<br /> |End section conforming to fill slope (flared end section) || align=&quot;center&quot;|0.50<br /> |-<br /> |align=&quot;center&quot; colspan=&quot;2&quot; style=&quot;background:#FFFF66&quot; |'''Box, Reinforced Concrete''' <br /> |-<br /> |align=&quot;center&quot; style=&quot;background:#FFFFCC&quot;| Headwall parallel to embankment (no wingwalls) || <br /> |-<br /> |Square edge on 3 edges || align=&quot;center&quot;|0.50<br /> |-<br /> |Rounded on 3 edges to radius of 1/12 barrel dimension or between edges on 3 sides || align=&quot;center&quot;|0.20<br /> |-<br /> |align=&quot;center&quot; style=&quot;background:#FFFFCC&quot;| Wingwalls Parallel (extension of sides) ||<br /> |-<br /> |Square-edge at crown or square edge (0&amp;deg; flare) '''(used by MoDOT)''' || 0.70<br /> |-<br /> |align=&quot;center&quot; style=&quot;background:#FFFFCC&quot;| Wingwalls at 30&amp;deg; to 75&amp;deg; to barrel ||<br /> |-<br /> |Square edged at crown or square edge (30&amp;deg; - 75&amp;deg; flare) '''(used by MoDOT)''' || align=&quot;center&quot;|0.40<br /> |-<br /> |Crown edge rounded to radius of 1/12 barrel dimension or beveled top edge || align=&quot;center&quot;|0.20<br /> |}<br /> <br /> &lt;div id=&quot;outlet control nomographs&quot;&gt;&lt;/div&gt;<br /> The above equation accounts for energy losses in the culvert due to the development of the velocity head, entrances loss, and friction loss. Outlet control nomographs have been developed which provide a graphical solution to this equation for various culvert material, cross section, and inlet combinations. Use of these nomographs is illustrated on each figure by means of an example.<br /> <br /> :[[media:750.2 Outlet Control Nomograph for CMP.pdf|Outlet Control Nomograph for CMP]]<br /> :[[media:750.2 Outlet Control Nomograph for Structural Plate CMP.pdf|Outlet Control Nomograph for Structural Plate CMP]]<br /> :[[media:750.2 Outlet Control Nomograph for CMP Arch.pdf|Outlet Control Nomograph for CMP Arch]] <br /> :[[media:750.2 Outlet Control Nomograph for Structural Plate CMP Arch.pdf|Outlet Control Nomograph for Structural Plate CMP Arch]]<br /> :[[media:750.2 Outlet Control Nomograph for Concrete Pipe.pdf|Outlet Control Nomograph for Concrete Pipe]]<br /> :[[media:750.2 Outlet Control Nomograph for Elliptical Concrete Pipe.pdf|Outlet Control Nomograph for Elliptical Concrete Pipe]]<br /> :[[media:750.2 Outlet Control Nomograph for Square Concrete Box Culvert.pdf|Outlet Control Nomograph for Square Concrete Box Culvert]]<br /> <br /> ====750.2.3.2.2 Head Loss Due to Bends====<br /> Occasionally it is necessary to build a culvert which has one or more bends in the alignment. If this culvert is operating under outlet control then these bends will reduce the capacity of the culvert. The head loss due to bends may be estimated by the following formula. To minimize these losses, the culvert should be curved or have bends not exceeding 15° at intervals of not less than 50 feet. Under these conditions, bend losses can normally be ignored. If the culvert alignment is changed by means of a circular curve with a radius equal to or greater than four culvert diameters, then energy loss in the bend may be ignored.<br /> <br /> :&lt;math&gt;H_b=K_b\frac{v^2}{2g}&lt;/math&gt;<br /> <br /> :where:<br /> <br /> :K&lt;sub&gt;b&lt;/sub&gt; = the bend loss coefficient. The bend loss coefficient &quot;K&lt;sub&gt;b&lt;/sub&gt;&quot; may be estimated as follows:<br /> <br /> :&lt;math&gt;K_b=0.50\sqrt{\frac{\Delta}{90}}&lt;/math&gt;<br /> <br /> :where:<br /> <br /> :&amp;Delta; = the angle of the bend in degrees.<br /> <br /> <br /> If bend losses are encountered in design, these losses should be computed by the above equation and added to the total head obtained by application of the general outlet control equation. In this manner the total required energy head will be obtained.<br /> <br /> The actual headwater depth at the culvert inlet depends on the total head as discussed above, the culvert outlet conditions, and the length and slope of the culvert barrel. These items will be covered in detail in the discussion of outlet control computations.<br /> <br /> ==750.2.4 Design Data==<br /> The design data which are necessary for the hydraulic design of a given cross road structure are as follows:<br /> <br /> *Design Discharge, Q, ft&lt;sup&gt;3&lt;/sup&gt;/s<br /> *Allowable Headwater depth, AHW, ft.<br /> *Type of culvert<br /> *Length of culvert, L, ft.<br /> *Slope of culvert, S&lt;sub&gt;o&lt;/sub&gt;, ft./ft.<br /> *Tailwater depth at culvert outlet, TW, ft.<br /> <br /> The design discharge is obtained by means of a hydrologic analysis of the watershed being drained using the guidance in [[:Category:749 Hydrologic Analysis#749.2.1 Design Frequency Criteria|EPG 749.2.1 Design Frequency Criteria]].<br /> <br /> The allowable [[748.4 Headwater and Backwater#748.4.1 Headwater|headwater]] depth is defined as the maximum depth of water which may be allowed at the culvert inlet. <br /> <br /> The type of culvert (barrel material) and inlet type, is usually governed by the type of highway being designed. The designer does, however, have the option of considering both a box culvert and a circular culvert at any given location. At locations where it is questionable which type of structure will yield the most economical design, both structure types should be considered and the least costly type should be selected.<br /> <br /> The length and slope of the culvert are functions of the stream being enclosed, the geometry of the highway embankment and the skew angle of the culvert. Design values may be obtained by scaling from the strip map or cross-sections.<br /> <br /> The tailwater depth is influenced by conditions downstream of the culvert outlet. If the culvert outlet is operating in a free outfall condition then the tailwater is taken as 0. If the culvert discharges into an open channel, then the tailwater is equal to the normal depth of flow in that channel. If the culvert outlet is located near the inlet of a downstream culvert, then the headwater elevation of the downstream culvert may define the tailwater depth for the upstream culvert. In any case the tailwater depth is defined as the depth of water measured from the flow line of the culvert (invert) at the outlet, to the water surface elevation at the outlet.<br /> <br /> ==750.2.5 Backwater==<br /> The design headwater elevation may be dependent upon the culvert length. Therefore, an iterative procedure may be necessary to determine the optimum culvert design. See also [[748.4 Headwater and Backwater|EPG 748.4 Headwater and Backwater]].<br /> <br /> ==750.2.6 Selecting a Trial Culvert Size==<br /> The hydraulic design of culverts is a trial and error procedure; whereby a culvert size is assumed and this trial culvert is analyzed to determine if it satisfies the design conditions. For this reason the amount of work involved in the hydraulic design of culverts is highly dependent upon how close the first trial size is to the final culvert size selected.<br /> <br /> One method which may be used to select a trial culvert size is the Talbot formula. The Talbot Formula relates required waterway area to watershed drainage area. This formula is well known and will not be presented here. The Talbot formula may also be used to obtain rough estimates of culvert requirements at an early stage of design such as in the preparation of the preliminary strip map.<br /> <br /> Another method which may be used to obtain a first estimate of the required waterway area is by assuming an average velocity of flow at the culvert inlet. By this method the trial culvert waterway area, &quot;a&quot; is set equal to the design flow rate, &quot;Q&quot; divided by the assumed velocity of flow. The entrance velocity is generally near 10 feet per second.<br /> <br /> ==750.2.7 Inlet Control Computations==<br /> All inlet control computations are carried out with the aid of the inlet control nomographs. Knowing the size and flow rate of the culvert, the submergence ratio &quot;HW/D&quot;, may be read directly from these nomographs. For pipe or pipe arch culverts the submergence ratio is presented as a direct function of the culvert size and discharge. For box culverts it is necessary to first determine the flow rate per foot of width, &quot;Q/B&quot;, expressed in cfs per foot. The submergence ratio is then given as a function of the height of the box &quot;D&quot;, and the flow rate being conveyed per foot of box, &quot;Q/B&quot;.<br /> <br /> Knowing the submergence ratio &quot;HW/D&quot;, the headwater depth &quot;HW&quot;, expressed in feet is computed as follows.<br /> <br /> :&lt;math&gt;H=\frac{HW}{D}D&lt;/math&gt;<br /> <br /> :where:<br /> <br /> :D = the height or diameter of the culvert, ft.<br /> <br /> Each nomograph has three submergence ratio scales and each of these scales corresponds to a different inlet treatment. Care should be taken to use the scale corresponding to the inlet type being investigated.<br /> <br /> ==750.2.8 Outlet Control Computations==<br /> The computation of headwater depth based on outlet control is somewhat more complex than are the inlet control computations. Several separate steps are involved.<br /> <br /> ===750.2.8.1 Computation of Total Head (H)===<br /> The total energy head required to pass a given flow rate through the culvert may be computed by the pipe flow formula as previously discussed, or by use of the proper [[#outlet control nomographs|outlet control nomograph]].<br /> <br /> On the outlet control nomographs the total head &quot;H&quot; is presented as a function of the entrance loss coefficient &quot;K&lt;sub&gt;e&lt;/sub&gt;&quot;, the length of the barrel &quot;L&quot;, the size of the culvert, and the discharge &quot;Q&quot;. Two steps are required to use these nomographs. First given the entrance loss coefficient &quot;K&lt;sub&gt;e&lt;/sub&gt;&quot;, the barrel length &quot;L&quot;, and the culvert size a point on the turning line of the nomograph is established. Next, given the discharge &quot;Q&quot;, and the point on the turning line, the total head &quot;H&quot; is read directly from the chart. This procedure is illustrated on each of the [[#outlet control nomographs|outlet control nomograph]].<br /> <br /> These nomographs provide a graphical solution to the pipe flow equation assuming that there are no losses due to bends. If bends are encountered in design, the bend loss, &quot;H&lt;sub&gt;b&lt;/sub&gt;&quot;, should be computed by means of the previously discussed equations for head loss due to bends. The computed value of the bend loss is added to the value of total head &quot;H&quot; obtained from the proper outlet control nomograph in order to obtain the true value of total head.<br /> <br /> It should be noted that [[#outlet control nomographs|Outlet Control Nomograph for Square Concrete Box Culverts]] applies to square box culverts only. When analyzing box culverts of rectangular cross section the total head must be computed by means of the general pipe flow equation. The nomograph does not apply in this case.<br /> <br /> ===750.2.8.2 Determination of the Design Tail Water (DTW)===<br /> The tailwater condition which prevails during the design event is termed the design tailwater &quot;DTW&quot;. The design tailwater may be a function of downstream conditions, or of the culvert outlet conditions. The depth of water at the culvert outlet due to downstream conditions is termed the tailwater &quot;TW&quot;, and has been previously discussed under &quot;Design Data&quot;.<br /> <br /> The distance from the flow line at the culvert outlet, to the elevation of the total energy line at the culvert outlet, is termed the head at the outlet &quot;h&lt;sub&gt;o&lt;/sub&gt;&quot; and is computed as follows:<br /> <br /> &lt;math&gt;h_o=\frac{D + d_c}{2}&lt;/math&gt;<br /> <br /> :where:<br /> <br /> h&lt;sub&gt;o&lt;/sub&gt; = the head at the culvert outlet, ft., for a nonsubmerged outlet condition.<br /> D = the depth of the culvert, ft.<br /> d&lt;sub&gt;c&lt;/sub&gt; = the critical depth at the culvert outlet, ft.<br /> <br /> The critical depth for various sizes and types of culverts may be determined from the following graphs:<br /> <br /> :[[Media:750.2 Critical Depth for Circular Pipe.pdf|Critical Depth for Circular Pipe]]<br /> :[[Media:750.2 Critical Depth for Box Culverts.pdf|Critical Depth for Box Culverts]]<br /> :[[Media:750.2 Critical Depth for Elliptical Concrete Pipe.pdf|Critical Depth for Elliptical Concrete Pipe]]<br /> :[[Media:750.2 Critical Depth for CMP Arch.pdf|Critical Depth for CMP Arch]]<br /> :[[Media:750.2 Critical Depth for Structural Plate CMP Arch.pdf|Critical Depth for Structural Plate CMP Arch]]<br /> <br /> If the critical depth &quot;d&lt;sub&gt;c&lt;/sub&gt;&quot;, read from the charts is greater than the depth of the culvert &quot;D&quot;, then &quot;h&lt;sub&gt;o&lt;/sub&gt;&quot; is set equal to &quot;D&quot;.<br /> <br /> Knowing the tailwater depth at the outlet, &quot;TW&quot; and the total head at the outlet &quot;h&lt;sub&gt;o&lt;/sub&gt;&quot; the design tailwater &quot;DTW&quot; is determined as follows:<br /> <br /> {|<br /> |column width=&quot;75&quot; | for h&lt;sub&gt;o&lt;/sub&gt; &gt; TW|| &amp;rarr; || column width=&quot;75&quot; | DTW = h&lt;sub&gt;o&lt;/sub&gt;<br /> |-<br /> |column width=&quot;75&quot; | for h&lt;sub&gt;o&lt;/sub&gt; &lt; TW|| &amp;rarr; || column width=&quot;75&quot; | DTW = TW<br /> |}<br /> <br /> ===750.2.8.3 Headwater Depth Formula===<br /> Having established the total head and the design tailwater depth, the headwater depth is computed as follows:<br /> <br /> :&lt;math&gt;HW=H+DTW-S_oL\,&lt;/math&gt;<br /> <br /> :where:<br /> <br /> :HW = the headwater depth for outlet control, ft., and all other terms are as previously defined.<br /> <br /> It should be noted that the product of the culvert slope times the culvert length &quot;S&lt;sub&gt;o&lt;/sub&gt;L&quot;, is equal to the difference in elevation between the culvert inlet and the culvert outlet. This value may be substituted for the &quot;S&lt;sub&gt;o&lt;/sub&gt;L&quot; term in the above equation.<br /> <br /> ==750.2.9 Culvert Design Procedure==<br /> The procedure which is to be used for the hydraulic design of crossroad drainage structures is given in five steps as follows:<br /> <br /> :STEP 1. Assemble Design Data.<br /> <br /> :STEP 2. Assume a culvert size then adjust the size of the culvert by means of inlet control computations and [[750.7 Non-Hydraulic Considerations#750.7.3 Environmental Requirements|environmental requirements for culverts]]. The smallest size culvert which will meet environmental requirements and pass the design flow rate at or below the allowable headwater depth is selected as the trial culvert size.<br /> <br /> :STEP 3. Find the actual Headwater Depth &quot;HW&quot;, for trial culvert.<br /> <br /> ::a. Inlet Control Computations.<br /> ::b. Outlet Control Computations.<br /> ::c. Compare headwater depths found in Step 3a and 3b. The large value governs.<br /> <br /> :STEP 4. Compare HW to AHW.<br /> <br /> ::a. If HW &lt; AHW, culvert is adequate. However a smaller culvert may be considered.<br /> <br /> ::b. If HW &gt; AHW increase culvert size and go to Step 3.<br /> <br /> :STEP 5. Compute Outlet Velocity for Design Discharge.<br /> <br /> ::a. For inlet control use the Manning Equation.<br /> <br /> ::b. For outlet control use V = Q/A.<br /> <br /> ==750.2.10 HY-8 Culvert Analysis==<br /> The FHWA HY-8 computer program is available for the analysis and design of culverts.<br /> <br /> ===750.2.10.1 Required Input Data===<br /> Below are the data required for HY-8 culvert calculations.<br /> <br /> '''Discharges''' - Both the design discharge and a maximum discharge are required inputs. HY-8 will compute a hydraulic performance curve for a range of discharges based on the minimum and maximum discharges, and will also perform calculations for the design discharge.<br /> <br /> '''Culvert Invert Data''' - The station and elevation for both the inlet and outlet inverts are used to determine the length of the culvert. Another option allows the input of information defining the embankment and streambed slopes. HY-8 will then use this information and the culvert height to compute the culvert length.<br /> <br /> '''Roadway Data''' - Various information regarding the roadway is required. This information is used in weir flow calculations when the roadway is overtopped. A fixed roadway crest elevation and length can be input or coordinates describing the top of roadway can be used. The type of roadway (paved or graveled) or a weir coefficient must be input, along with the roadway width.<br /> <br /> '''Tailwater Data''' - Tailwater depths must be provided for the various discharges used in the analysis. Several input options are available, including providing a tailwater rating curve (depth vs. discharge at the culvert outlet), providing either a natural or a prismatic channel cross-section, or providing a constant tailwater elevation. HY-8 will calculate a tailwater rating curve when a channel cross-section is input. It is recommended that either a channel cross-section be used or a tailwater rating curve be developed independently of HY-8; using a constant tailwater elevation can result in incorrect headwater elevations for the outlet control computations.<br /> <br /> '''Culvert Geometry''' - The culvert geometry must be provided, including the number of barrels, culvert span and rise, and inlet configuration. The inlet configuration options include conventional and improved inlets, with various combinations of headwall bevels and wingwall flares for each. The &quot;Square Edge (0 deg. flare)&quot; and &quot;Square Edge (30-75 deg. flare)&quot; wingwall options should be used for standard MoDOT culverts with straight and flared wingwalls, respectively.<br /> <br /> ===750.2.10.2 Minimize Culvert Span===<br /> HY-8 provides an option for determining the minimum culvert span for a given culvert rise and design headwater elevation. The design headwater elevation required for this input is the normal water surface at the culvert inlet plus any allowable backwater.<br /> <br /> ===750.2.10.3 Improved Inlets===<br /> For culverts operating under inlet control, cost savings may be realized by using an improved inlet. This is especially true for extremely long culverts. Side-tapered inlets are the most often used type of improved inlet. Refer to [[750.3 Bridges#750.3.1.9 List of References|Hydraulic Design of Highway Culverts - HDS No. 5]] for details on design of improved inlets.<br /> <br /> ==750.2.11 Data Required on Plans==<br /> In addition to the type, size and length of the culvert certain design data are shown on the construction plans for crossroad culverts. This data can also be provided for entrance culverts when deemed appropriate. Among these data are the drainage area of the watershed, the design discharge, the [https://epg.modot.org/index.php?title=Category:749_Hydrologic_Analysis#749.2.1_Design_Frequency_Criteria design frequency] and the [[:Category:749 Hydrologic Analysis#749.2.3 Overtopping Flood|overtopping flood]]. The following is an example of how these data may be presented on the plans:<br /> <br /> :D.A. = 70 ac.<br /> :Q&lt;sub&gt;25&lt;/sub&gt; = 160 cfs<br /> :Q&lt;sub&gt;OT&lt;/sub&gt; = 200 cfs (50-year)<br /> <br /> The above indicates that the culvert provides drainage for 70 acres of land, the 25-year design flood peak is equal to 160 cfs and the road overtops at the 50-year flood equal to 200 cfs.<br /> <br /> In addition to the above data, the elevation of the culvert flow line at the inlet and at the outlet should be shown on the profile portion of the plan-profile sheets. These elevations may be below the natural stream bottom in accordance with [[750.7 Non-Hydraulic Considerations#750.7.3 Environmental Requirements|EPG 750.7.3 Environmental Requirements]].<br /> <br /> The [[748.6 High Water Surface Elevation|design flood elevation]] is shown on the profile portion of the plan-profile sheets, at locations where discharges of 500 cfs or more are potentially present, and at other locations where special consideration is required of inlet and erosion control problems.<br /> <br /> For data requirements when Bridge Division is responsible for the plans, see [[750.7 Non-Hydraulic Considerations#750.7.4.3 Summary of Responsibilities|EPG 750.7.4.3 Summary of Responsibilities]].<br /> <br /> ==750.2.12 Documentation of Hydraulic Design==<br /> See [[750.3 Bridges#750.3.3 Documentation of Hydraulic Design|EPG 750.3.3 Documentation of Hydraulic Design]].<br /> <br /> [[Category:750 Hydraulic Analysis]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=750.2_Culverts&diff=51788 2022-08-30T15:04:56Z

<p>Hallej1: </p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:15px; border:1px solid #a9a9a9; text-align:center; font-size: 95%; background:#ffddcc&quot; width=&quot;210px&quot; align=&quot;right&quot; <br /> |-<br /> |'''Concrete Box Culvert, GFRP'''<br /> |-<br /> |[ https://spexternal.modot.mo.gov/sites/cm/CORDT/RDT01016.pdf Report 2001]<br /> |-<br /> |'''See also:''' [https://www.modot.org/research-publications Research Publications]<br /> |}<br /> ==750.2.1 General==<br /> The design procedures and design aids presented herein are to be used in the design and analysis of all highway culverts. The hydraulic design of highway culverts is based on the theory and procedures presented in [[750.3 Bridges#12. Schall, J.D., et al.,|Hydraulic Design of Highway Culverts - HDS No. 5]]. These methods are also to be used in the design of median drains. Storm sewer systems may be analyzed by the models of culvert hydraulics, in order to determine water surface elevations at critical points in the system such as at manholes and drop inlets.<br /> <br /> The responsibility for analysis, design and final plans preparation is sometimes shared between districts and Bridge Division. See [[750.7 Non-Hydraulic Considerations#750.7.4.3 Summary of Responsibilities|EPG 750.7.4.3 Summary of Responsibilities]]. This is particularly important information for multiple opening culverts since these culvert types can be classified as bridges and are required to have a bridge number for identification on the system.<br /> <br /> ==750.2.2 Hydraulic Analysis of Culverts==<br /> The FHWA [[#750.2.10 HY-8 Culvert Analysis|HY-8]] computer program as well as other programs may be used for the hydraulic analysis of culverts. <br /> <br /> Hydraulic design of culverts requires analysis of both the &quot;natural conditions&quot; and the &quot;proposed conditions&quot; at the site. In order to show that structures meet Backwater and [[127.9 Floodplain Management and the Regulatory Floodway#127.9.1.1 National Flood Insurance Program Requirements|National Flood Insurance Program Requirements]]. It is also necessary to analyze the &quot;existing conditions&quot;, when replacing an [[748.5 Matching Existing Structures|existing structure]].<br /> <br /> For these reasons, models for culverts shall be developed for three conditions: <br /> <br /> :* Natural conditions - Includes natural channel and floodplain, including all modifications made by others, but without MoDOT structures, <br /> :* Existing conditions - Includes natural conditions and existing MoDOT structure(s), <br /> :* Proposed conditions - Includes natural conditions, existing MoDOT structures if they are to remain in place, and proposed MoDOT structure(s). <br /> <br /> ==750.2.3 Culvert Hydraulics==<br /> Many different types of culvert flow have been observed and classified. However for the purpose of design, only two types of flow are recognized. These are termed inlet control and outlet control. A culvert barrel may flow full over its entire length or may flow partly full. Full flow results in pressure flow within the culvert barrel, while partly full flow is a form of free surface or open channel flow. <br /> <br /> It is possible by means of hydraulic computations to determine the type of flow which will exist in a culvert under a given set of conditions. This is done by assuming that inlet control exists and computing the headwater depth at the inlet based on this assumption. Normally inlet control exists for slopes of 1% or greater. Next it is assumed that outlet control exists and the headwater depth at the culvert inlet is again computed. The larger value of headwater depth, obtained from these computations is the true value and defines the flow regime which exists in the culvert. Type of control is a function of the location of the control section.<br /> <br /> Headwater is defined as the depth of the upstream water surface measured from the invert at the culvert entrance. The invert is the lowest point inside the culvert at a particular cross-section.<br /> <br /> ===750.2.3.1 Inlet Control===<br /> Inlet control exists when the headwater elevation depends on the culvert entrance configuration and the barrel is capable of conveying more flow than the inlet will accept. The properties of the inlet, such as the size, shape and edge treatment control the capacity of the culvert. The control section is at or just inside the culvert inlet. The water surface passes through critical depth at this location, and flow is supercritical in the culvert barrel immediately downstream.<br /> <br /> When a culvert is operating under inlet control the barrel of the culvert has a greater hydraulic capacity than does the inlet. For this reason the capacity of the culvert is dependent only upon the inlet properties and is independent of barrel properties. Under inlet control the culvert behaves as an orifice.<br /> <br /> Nomographs have been developed which provide a headwater-discharge relation for culverts operating under inlet control. These inlet control nomographs are based on an analysis of experimental data obtained from various sources and provides a direct solution to inlet control culvert flow. The following inlet control nomographs may be used in the design and analysis of culverts.<br /> <br /> :[[media:750.2 Inlet Control Nomograph for CMP.pdf|Inlet Control Nomograph for CMP]]<br /> :[[media:750.2 Inlet Control Nomograph for CMP Arch.pdf|Inlet Control Nomograph for CMP Arch]]<br /> :[[media:750.2 Inlet Control Nomograph for Concrete Pipe.pdf|Inlet Control Nomograph for Concrete Pipe]]<br /> :[[media:750.2 Inlet Control Nomograph for Elliptical Concrete Pipe.pdf|Inlet Control Nomograph for Elliptical Concrete Pipe]]<br /> :[[media:750.2 Inlet Control Nomograph for Box Culverts.pdf|Inlet Control Nomograph for Box Culverts]]<br /> <br /> Given the size of the culvert and the flow rate of the culvert the submergence ratio of the culvert, i.e. headwater depth divided by the Depth of the Culvert (HW/D), may be read directly from these nomographs. Use of these nomographs is illustrated on each figure by means of an example.<br /> <br /> ===750.2.3.2 Outlet Control===<br /> Outlet control exists when the headwater elevation depends on the culvert barrel geometry or downstream conditions and the inlet is capable of conveying more flow than the barrel will accept. The control section is either at the downstream end of the barrel or further downstream.<br /> <br /> Outlet control may be of two types; full flow and part full flow. Outlet control with part full flow will occur only when the submergence ratio (HW/D) is near or less than 1.0 and when the culvert is on a mild (subcritical) slope. This type of flow does not occur often in small culverts. Also part full flow under outlet control is very complex and requires the computation of a backwater curve. For these reasons this type of flow will not be treated in detail in this article. However, part full outlet control flow is recognized in the computer program which is available for culvert design computations and occasionally culvert design will be based on this flow regime.<br /> <br /> Full flow outlet control occurs when the culvert barrel flows full throughout its length. This is the most common type of outlet control and the only type to be considered when design computations are carried out by hand. Hereafter the term outlet control will refer to full flow outlet control unless otherwise specified.<br /> <br /> ====750.2.3.2.1 General Outlet Control Equation====<br /> Culverts flowing under outlet control may be modeled by the pipe flow formula as follows:<br /> <br /> :&lt;math&gt;H=\left[1.0+K_e+\frac{29n^2L}{R^{1.33}}\right]\frac{Q^2}{2gA^2}&lt;/math&gt;<br /> <br /> :where:<br /> <br /> :H = total head, ft.<br /> :k&lt;sub&gt;e&lt;/sub&gt; = entrance loss coefficient for a given inlet. Design values for the coefficient &quot;k&lt;sub&gt;e&lt;/sub&gt;&quot; are given in the [[#Entrance Loss Coefficients|Entrance Loss Coefficients]] Table<br /> :n = the roughness coefficient of the culvert barrel. Design values for the coefficient &quot;n&quot; are given in the [[750.1 Open Channels#Roughness Coefficients for Various Materials|Roughness Coefficients for Various Materials]] Table and [[750.1 Open Channels#Composite Roughness|EPG 750.1.4.1.1, Composite Roughness]]<br /> <br /> :L = length of culvert barrel, ft.<br /> :R = hydraulic Radius of the culvert barrel, ft.<br /> :Q = the culvert discharge in ft&lt;sup&gt;3&lt;/sup&gt;/s<br /> :A = culvert waterway area in ft&lt;sup&gt;2&lt;/sup&gt;<br /> <br /> &lt;div id=&quot;Entrance Loss Coefficients&quot;&gt;&lt;/div&gt;<br /> {| style=&quot;margin:1em auto 1em auto&quot; border=&quot;1&quot; class=&quot;wikitable&quot; align=&quot;center&quot; <br /> |+ '''Entrance Loss Coefficients'''<br /> ! style=&quot;background:#BEBEBE&quot;|Type of Structure and Entrance !! style=&quot;background:#BEBEBE&quot;|Coeficient, k&lt;sub&gt;e&lt;/sub&gt; <br /> |-<br /> |align=&quot;center&quot; colspan=&quot;2&quot; style=&quot;background:#FFFF66&quot;| '''Pipe, Concrete'''<br /> |-<br /> |Projecting from fill, socket end || align=&quot;center&quot;|0.20<br /> |-<br /> |Projecting from fill, square cut end || align=&quot;center&quot;|0.50<br /> |-<br /> |Beveled to conform to fill slope || align=&quot;center&quot;|0.70<br /> |-<br /> |End section conforming to fill slope (flared end section) || align=&quot;center&quot;|0.50<br /> |-<br /> |align=&quot;center&quot; style=&quot;background:#FFFFCC&quot;| Headwall or headwall and wingwalls ||<br /> |-<br /> |Socket end of pipe (previously used by MoDOT) || align=&quot;center&quot;|0.20<br /> |-<br /> |Square edge || align=&quot;center&quot;|0.50<br /> |-<br /> |Rounded (Radius = Diameter/12) || align=&quot;center&quot;|0.20<br /> |-<br /> |align=&quot;center&quot; colspan=&quot;2&quot; style=&quot;background:#FFFF66&quot; |'''Pipe, or Pipe-Arch Corrugated Metal''' <br /> |-<br /> |Projecting from fill (no headwalls) || align=&quot;center&quot;|0.90<br /> |-<br /> |Headwall or headwall and wingwalls - square edge (previously used by MoDOT) || align=&quot;center&quot;|0.50<br /> |-<br /> |Beveled to conform to fill slope || align=&quot;center&quot;|0.70<br /> |-<br /> |End section conforming to fill slope (flared end section) || align=&quot;center&quot;|0.50<br /> |-<br /> |align=&quot;center&quot; colspan=&quot;2&quot; style=&quot;background:#FFFF66&quot; |'''Box, Reinforced Concrete''' <br /> |-<br /> |align=&quot;center&quot; style=&quot;background:#FFFFCC&quot;| Headwall parallel to embankment (no wingwalls) || <br /> |-<br /> |Square edge on 3 edges || align=&quot;center&quot;|0.50<br /> |-<br /> |Rounded on 3 edges to radius of 1/12 barrel dimension or between edges on 3 sides || align=&quot;center&quot;|0.20<br /> |-<br /> |align=&quot;center&quot; style=&quot;background:#FFFFCC&quot;| Wingwalls Parallel (extension of sides) ||<br /> |-<br /> |Square-edge at crown or square edge (0&amp;deg; flare) '''(used by MoDOT)''' || 0.70<br /> |-<br /> |align=&quot;center&quot; style=&quot;background:#FFFFCC&quot;| Wingwalls at 30&amp;deg; to 75&amp;deg; to barrel ||<br /> |-<br /> |Square edged at crown or square edge (30&amp;deg; - 75&amp;deg; flare) '''(used by MoDOT)''' || align=&quot;center&quot;|0.40<br /> |-<br /> |Crown edge rounded to radius of 1/12 barrel dimension or beveled top edge || align=&quot;center&quot;|0.20<br /> |}<br /> <br /> &lt;div id=&quot;outlet control nomographs&quot;&gt;&lt;/div&gt;<br /> The above equation accounts for energy losses in the culvert due to the development of the velocity head, entrances loss, and friction loss. Outlet control nomographs have been developed which provide a graphical solution to this equation for various culvert material, cross section, and inlet combinations. Use of these nomographs is illustrated on each figure by means of an example.<br /> <br /> :[[media:750.2 Outlet Control Nomograph for CMP.pdf|Outlet Control Nomograph for CMP]]<br /> :[[media:750.2 Outlet Control Nomograph for Structural Plate CMP.pdf|Outlet Control Nomograph for Structural Plate CMP]]<br /> :[[media:750.2 Outlet Control Nomograph for CMP Arch.pdf|Outlet Control Nomograph for CMP Arch]] <br /> :[[media:750.2 Outlet Control Nomograph for Structural Plate CMP Arch.pdf|Outlet Control Nomograph for Structural Plate CMP Arch]]<br /> :[[media:750.2 Outlet Control Nomograph for Concrete Pipe.pdf|Outlet Control Nomograph for Concrete Pipe]]<br /> :[[media:750.2 Outlet Control Nomograph for Elliptical Concrete Pipe.pdf|Outlet Control Nomograph for Elliptical Concrete Pipe]]<br /> :[[media:750.2 Outlet Control Nomograph for Square Concrete Box Culvert.pdf|Outlet Control Nomograph for Square Concrete Box Culvert]]<br /> <br /> ====750.2.3.2.2 Head Loss Due to Bends====<br /> Occasionally it is necessary to build a culvert which has one or more bends in the alignment. If this culvert is operating under outlet control then these bends will reduce the capacity of the culvert. The head loss due to bends may be estimated by the following formula. To minimize these losses, the culvert should be curved or have bends not exceeding 15° at intervals of not less than 50 feet. Under these conditions, bend losses can normally be ignored. If the culvert alignment is changed by means of a circular curve with a radius equal to or greater than four culvert diameters, then energy loss in the bend may be ignored.<br /> <br /> :&lt;math&gt;H_b=K_b\frac{v^2}{2g}&lt;/math&gt;<br /> <br /> :where:<br /> <br /> :K&lt;sub&gt;b&lt;/sub&gt; = the bend loss coefficient. The bend loss coefficient &quot;K&lt;sub&gt;b&lt;/sub&gt;&quot; may be estimated as follows:<br /> <br /> :&lt;math&gt;K_b=0.50\sqrt{\frac{\Delta}{90}}&lt;/math&gt;<br /> <br /> :where:<br /> <br /> :&amp;Delta; = the angle of the bend in degrees.<br /> <br /> <br /> If bend losses are encountered in design, these losses should be computed by the above equation and added to the total head obtained by application of the general outlet control equation. In this manner the total required energy head will be obtained.<br /> <br /> The actual headwater depth at the culvert inlet depends on the total head as discussed above, the culvert outlet conditions, and the length and slope of the culvert barrel. These items will be covered in detail in the discussion of outlet control computations.<br /> <br /> ==750.2.4 Design Data==<br /> The design data which are necessary for the hydraulic design of a given cross road structure are as follows:<br /> <br /> *Design Discharge, Q, ft&lt;sup&gt;3&lt;/sup&gt;/s<br /> *Allowable Headwater depth, AHW, ft.<br /> *Type of culvert<br /> *Length of culvert, L, ft.<br /> *Slope of culvert, S&lt;sub&gt;o&lt;/sub&gt;, ft./ft.<br /> *Tailwater depth at culvert outlet, TW, ft.<br /> <br /> The design discharge is obtained by means of a hydrologic analysis of the watershed being drained using the guidance in [[:Category:749 Hydrologic Analysis#749.2.1 Design Frequency Criteria|EPG 749.2.1 Design Frequency Criteria]].<br /> <br /> The allowable [[748.4 Headwater and Backwater#748.4.1 Headwater|headwater]] depth is defined as the maximum depth of water which may be allowed at the culvert inlet. <br /> <br /> The type of culvert (barrel material) and inlet type, is usually governed by the type of highway being designed. The designer does, however, have the option of considering both a box culvert and a circular culvert at any given location. At locations where it is questionable which type of structure will yield the most economical design, both structure types should be considered and the least costly type should be selected.<br /> <br /> The length and slope of the culvert are functions of the stream being enclosed, the geometry of the highway embankment and the skew angle of the culvert. Design values may be obtained by scaling from the strip map or cross-sections.<br /> <br /> The tailwater depth is influenced by conditions downstream of the culvert outlet. If the culvert outlet is operating in a free outfall condition then the tailwater is taken as 0. If the culvert discharges into an open channel, then the tailwater is equal to the normal depth of flow in that channel. If the culvert outlet is located near the inlet of a downstream culvert, then the headwater elevation of the downstream culvert may define the tailwater depth for the upstream culvert. In any case the tailwater depth is defined as the depth of water measured from the flow line of the culvert (invert) at the outlet, to the water surface elevation at the outlet.<br /> <br /> ==750.2.5 Backwater==<br /> The design headwater elevation may be dependent upon the culvert length. Therefore, an iterative procedure may be necessary to determine the optimum culvert design. See also [[748.4 Headwater and Backwater|EPG 748.4 Headwater and Backwater]].<br /> <br /> ==750.2.6 Selecting a Trial Culvert Size==<br /> The hydraulic design of culverts is a trial and error procedure; whereby a culvert size is assumed and this trial culvert is analyzed to determine if it satisfies the design conditions. For this reason the amount of work involved in the hydraulic design of culverts is highly dependent upon how close the first trial size is to the final culvert size selected.<br /> <br /> One method which may be used to select a trial culvert size is the Talbot formula. The Talbot Formula relates required waterway area to watershed drainage area. This formula is well known and will not be presented here. The Talbot formula may also be used to obtain rough estimates of culvert requirements at an early stage of design such as in the preparation of the preliminary strip map.<br /> <br /> Another method which may be used to obtain a first estimate of the required waterway area is by assuming an average velocity of flow at the culvert inlet. By this method the trial culvert waterway area, &quot;a&quot; is set equal to the design flow rate, &quot;Q&quot; divided by the assumed velocity of flow. The entrance velocity is generally near 10 feet per second.<br /> <br /> ==750.2.7 Inlet Control Computations==<br /> All inlet control computations are carried out with the aid of the inlet control nomographs. Knowing the size and flow rate of the culvert, the submergence ratio &quot;HW/D&quot;, may be read directly from these nomographs. For pipe or pipe arch culverts the submergence ratio is presented as a direct function of the culvert size and discharge. For box culverts it is necessary to first determine the flow rate per foot of width, &quot;Q/B&quot;, expressed in cfs per foot. The submergence ratio is then given as a function of the height of the box &quot;D&quot;, and the flow rate being conveyed per foot of box, &quot;Q/B&quot;.<br /> <br /> Knowing the submergence ratio &quot;HW/D&quot;, the headwater depth &quot;HW&quot;, expressed in feet is computed as follows.<br /> <br /> :&lt;math&gt;H=\frac{HW}{D}D&lt;/math&gt;<br /> <br /> :where:<br /> <br /> :D = the height or diameter of the culvert, ft.<br /> <br /> Each nomograph has three submergence ratio scales and each of these scales corresponds to a different inlet treatment. Care should be taken to use the scale corresponding to the inlet type being investigated.<br /> <br /> ==750.2.8 Outlet Control Computations==<br /> The computation of headwater depth based on outlet control is somewhat more complex than are the inlet control computations. Several separate steps are involved.<br /> <br /> ===750.2.8.1 Computation of Total Head (H)===<br /> The total energy head required to pass a given flow rate through the culvert may be computed by the pipe flow formula as previously discussed, or by use of the proper [[#outlet control nomographs|outlet control nomograph]].<br /> <br /> On the outlet control nomographs the total head &quot;H&quot; is presented as a function of the entrance loss coefficient &quot;K&lt;sub&gt;e&lt;/sub&gt;&quot;, the length of the barrel &quot;L&quot;, the size of the culvert, and the discharge &quot;Q&quot;. Two steps are required to use these nomographs. First given the entrance loss coefficient &quot;K&lt;sub&gt;e&lt;/sub&gt;&quot;, the barrel length &quot;L&quot;, and the culvert size a point on the turning line of the nomograph is established. Next, given the discharge &quot;Q&quot;, and the point on the turning line, the total head &quot;H&quot; is read directly from the chart. This procedure is illustrated on each of the [[#outlet control nomographs|outlet control nomograph]].<br /> <br /> These nomographs provide a graphical solution to the pipe flow equation assuming that there are no losses due to bends. If bends are encountered in design, the bend loss, &quot;H&lt;sub&gt;b&lt;/sub&gt;&quot;, should be computed by means of the previously discussed equations for head loss due to bends. The computed value of the bend loss is added to the value of total head &quot;H&quot; obtained from the proper outlet control nomograph in order to obtain the true value of total head.<br /> <br /> It should be noted that [[#outlet control nomographs|Outlet Control Nomograph for Square Concrete Box Culverts]] applies to square box culverts only. When analyzing box culverts of rectangular cross section the total head must be computed by means of the general pipe flow equation. The nomograph does not apply in this case.<br /> <br /> ===750.2.8.2 Determination of the Design Tail Water (DTW)===<br /> The tailwater condition which prevails during the design event is termed the design tailwater &quot;DTW&quot;. The design tailwater may be a function of downstream conditions, or of the culvert outlet conditions. The depth of water at the culvert outlet due to downstream conditions is termed the tailwater &quot;TW&quot;, and has been previously discussed under &quot;Design Data&quot;.<br /> <br /> The distance from the flow line at the culvert outlet, to the elevation of the total energy line at the culvert outlet, is termed the head at the outlet &quot;h&lt;sub&gt;o&lt;/sub&gt;&quot; and is computed as follows:<br /> <br /> &lt;math&gt;h_o=\frac{D + d_c}{2}&lt;/math&gt;<br /> <br /> :where:<br /> <br /> h&lt;sub&gt;o&lt;/sub&gt; = the head at the culvert outlet, ft., for a nonsubmerged outlet condition.<br /> D = the depth of the culvert, ft.<br /> d&lt;sub&gt;c&lt;/sub&gt; = the critical depth at the culvert outlet, ft.<br /> <br /> The critical depth for various sizes and types of culverts may be determined from the following graphs:<br /> <br /> :[[Media:750.2 Critical Depth for Circular Pipe.pdf|Critical Depth for Circular Pipe]]<br /> :[[Media:750.2 Critical Depth for Box Culverts.pdf|Critical Depth for Box Culverts]]<br /> :[[Media:750.2 Critical Depth for Elliptical Concrete Pipe.pdf|Critical Depth for Elliptical Concrete Pipe]]<br /> :[[Media:750.2 Critical Depth for CMP Arch.pdf|Critical Depth for CMP Arch]]<br /> :[[Media:750.2 Critical Depth for Structural Plate CMP Arch.pdf|Critical Depth for Structural Plate CMP Arch]]<br /> <br /> If the critical depth &quot;d&lt;sub&gt;c&lt;/sub&gt;&quot;, read from the charts is greater than the depth of the culvert &quot;D&quot;, then &quot;h&lt;sub&gt;o&lt;/sub&gt;&quot; is set equal to &quot;D&quot;.<br /> <br /> Knowing the tailwater depth at the outlet, &quot;TW&quot; and the total head at the outlet &quot;h&lt;sub&gt;o&lt;/sub&gt;&quot; the design tailwater &quot;DTW&quot; is determined as follows:<br /> <br /> {|<br /> |column width=&quot;75&quot; | for h&lt;sub&gt;o&lt;/sub&gt; &gt; TW|| &amp;rarr; || column width=&quot;75&quot; | DTW = h&lt;sub&gt;o&lt;/sub&gt;<br /> |-<br /> |column width=&quot;75&quot; | for h&lt;sub&gt;o&lt;/sub&gt; &lt; TW|| &amp;rarr; || column width=&quot;75&quot; | DTW = TW<br /> |}<br /> <br /> ===750.2.8.3 Headwater Depth Formula===<br /> Having established the total head and the design tailwater depth, the headwater depth is computed as follows:<br /> <br /> :&lt;math&gt;HW=H+DTW-S_oL\,&lt;/math&gt;<br /> <br /> :where:<br /> <br /> :HW = the headwater depth for outlet control, ft., and all other terms are as previously defined.<br /> <br /> It should be noted that the product of the culvert slope times the culvert length &quot;S&lt;sub&gt;o&lt;/sub&gt;L&quot;, is equal to the difference in elevation between the culvert inlet and the culvert outlet. This value may be substituted for the &quot;S&lt;sub&gt;o&lt;/sub&gt;L&quot; term in the above equation.<br /> <br /> ==750.2.9 Culvert Design Procedure==<br /> The procedure which is to be used for the hydraulic design of crossroad drainage structures is given in five steps as follows:<br /> <br /> :STEP 1. Assemble Design Data.<br /> <br /> :STEP 2. Assume a culvert size then adjust the size of the culvert by means of inlet control computations and [[750.7 Non-Hydraulic Considerations#750.7.3 Environmental Requirements|environmental requirements for culverts]]. The smallest size culvert which will meet environmental requirements and pass the design flow rate at or below the allowable headwater depth is selected as the trial culvert size.<br /> <br /> :STEP 3. Find the actual Headwater Depth &quot;HW&quot;, for trial culvert.<br /> <br /> ::a. Inlet Control Computations.<br /> ::b. Outlet Control Computations.<br /> ::c. Compare headwater depths found in Step 3a and 3b. The large value governs.<br /> <br /> :STEP 4. Compare HW to AHW.<br /> <br /> ::a. If HW &lt; AHW, culvert is adequate. However a smaller culvert may be considered.<br /> <br /> ::b. If HW &gt; AHW increase culvert size and go to Step 3.<br /> <br /> :STEP 5. Compute Outlet Velocity for Design Discharge.<br /> <br /> ::a. For inlet control use the Manning Equation.<br /> <br /> ::b. For outlet control use V = Q/A.<br /> <br /> ==750.2.10 HY-8 Culvert Analysis==<br /> The FHWA HY-8 computer program is available for the analysis and design of culverts.<br /> <br /> ===750.2.10.1 Required Input Data===<br /> Below are the data required for HY-8 culvert calculations.<br /> <br /> '''Discharges''' - Both the design discharge and a maximum discharge are required inputs. HY-8 will compute a hydraulic performance curve for a range of discharges based on the minimum and maximum discharges, and will also perform calculations for the design discharge.<br /> <br /> '''Culvert Invert Data''' - The station and elevation for both the inlet and outlet inverts are used to determine the length of the culvert. Another option allows the input of information defining the embankment and streambed slopes. HY-8 will then use this information and the culvert height to compute the culvert length.<br /> <br /> '''Roadway Data''' - Various information regarding the roadway is required. This information is used in weir flow calculations when the roadway is overtopped. A fixed roadway crest elevation and length can be input or coordinates describing the top of roadway can be used. The type of roadway (paved or graveled) or a weir coefficient must be input, along with the roadway width.<br /> <br /> '''Tailwater Data''' - Tailwater depths must be provided for the various discharges used in the analysis. Several input options are available, including providing a tailwater rating curve (depth vs. discharge at the culvert outlet), providing either a natural or a prismatic channel cross-section, or providing a constant tailwater elevation. HY-8 will calculate a tailwater rating curve when a channel cross-section is input. It is recommended that either a channel cross-section be used or a tailwater rating curve be developed independently of HY-8; using a constant tailwater elevation can result in incorrect headwater elevations for the outlet control computations.<br /> <br /> '''Culvert Geometry''' - The culvert geometry must be provided, including the number of barrels, culvert span and rise, and inlet configuration. The inlet configuration options include conventional and improved inlets, with various combinations of headwall bevels and wingwall flares for each. The &quot;Square Edge (0 deg. flare)&quot; and &quot;Square Edge (30-75 deg. flare)&quot; wingwall options should be used for standard MoDOT culverts with straight and flared wingwalls, respectively.<br /> <br /> ===750.2.10.2 Minimize Culvert Span===<br /> HY-8 provides an option for determining the minimum culvert span for a given culvert rise and design headwater elevation. The design headwater elevation required for this input is the normal water surface at the culvert inlet plus any allowable backwater.<br /> <br /> ===750.2.10.3 Improved Inlets===<br /> For culverts operating under inlet control, cost savings may be realized by using an improved inlet. This is especially true for extremely long culverts. Side-tapered inlets are the most often used type of improved inlet. Refer to [[750.3 Bridges#750.3.1.9 List of References|Hydraulic Design of Highway Culverts - HDS No. 5]] for details on design of improved inlets.<br /> <br /> ==750.2.11 Data Required on Plans==<br /> In addition to the type, size and length of the culvert certain design data are shown on the construction plans for crossroad culverts. This data can also be provided for entrance culverts when deemed appropriate. Among these data are the drainage area of the watershed, the design discharge, the [https://epg.modot.org/index.php?title=Category:749_Hydrologic_Analysis#749.2.1_Design_Frequency_Criteria design frequency] and the [[:Category:749 Hydrologic Analysis#749.2.3 Overtopping Flood|overtopping flood]]. The following is an example of how these data may be presented on the plans:<br /> <br /> :D.A. = 70 ac.<br /> :Q&lt;sub&gt;25&lt;/sub&gt; = 160 cfs<br /> :Q&lt;sub&gt;OT&lt;/sub&gt; = 200 cfs (50-year)<br /> <br /> The above indicates that the culvert provides drainage for 70 acres of land, the 25-year design flood peak is equal to 160 cfs and the road overtops at the 50-year flood equal to 200 cfs.<br /> <br /> In addition to the above data, the elevation of the culvert flow line at the inlet and at the outlet should be shown on the profile portion of the plan-profile sheets. These elevations may be below the natural stream bottom in accordance with [[750.7 Non-Hydraulic Considerations#750.7.3 Environmental Requirements|EPG 750.7.3 Environmental Requirements]].<br /> <br /> The [[748.6 High Water Surface Elevation|design flood elevation]] is shown on the profile portion of the plan-profile sheets, at locations where discharges of 500 cfs or more are potentially present, and at other locations where special consideration is required of inlet and erosion control problems.<br /> <br /> For data requirements when Bridge Division is responsible for the plans, see [[750.7 Non-Hydraulic Considerations#750.7.4.3 Summary of Responsibilities|EPG 750.7.4.3 Summary of Responsibilities]].<br /> <br /> ==750.2.12 Documentation of Hydraulic Design==<br /> See [[750.3 Bridges#750.3.3 Documentation of Hydraulic Design|EPG 750.3.3 Documentation of Hydraulic Design]].<br /> <br /> [[Category:750 Hydraulic Analysis]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=234.4_Single_Point_Urban_Interchanges_(SPUIs)&diff=51787 2022-08-30T15:01:28Z

<p>Hallej1: </p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:15px; border:2px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;250px&quot; align=&quot;right&quot; <br /> |- <br /> |'''Figures'''<br /> |-<br /> |[[media:234.4 Figure 1 Typical Geometrics for Single Point Urban Interchange.pdf|Typical Geometrics for Single Point Urban Interchanges]]<br /> |-<br /> |[[Media:234.2 Figure 5 Lane Drops for One And Two Lane Ramps.pdf|&quot;Escape Lane&quot; (Lane Drop for One and Two Lane Ramps)]]<br /> |-<br /> |[[Media:Green Book Table 10-3.pdf|'''Green Book Table 10-3''', &quot;Minimum Acceleration Lengths for Entrance Terminals&quot;]]<br /> |-<br /> |[[Media:Green Book Table 10-4.pdf|'''Green Book Table 10-4''', &quot;Speed Change Lane Adjustment Factors&quot;]]<br /> |-<br /> |[[Media:Green Book Table 10-5.pdf|'''Green Book Table 10-5''', &quot;Minimum Deceleration Lengths for Exit Terminals&quot;]]<br /> |-<br /> |[[Media:Green Book Fig 10-73.pdf|'''Green Book Figure 10-73''', &quot;Typical Two-Lane Entrance Ramps&quot;]]<br /> |-<br /> |[[Media:Green Book Fig 10-74.pdf|'''Green Book Figure 10-74''', &quot;Two Lane Exit Terminals&quot;]]<br /> |-<br /> |'''Video'''<br /> |-<br /> |[[media:234.4 SPUI June 2010.wmv|A SPUI Under Construction]]<br /> |}<br /> <br /> <br /> ==234.4.1 Discussion==<br /> [[Image:234.4.1.jpg|right|425px]]<br /> <br /> A Single Point Urban Interchange (SPUI) is typically characterized by narrow right-of-way, high construction costs, and greater traffic capacity than conventional tight diamond interchanges. SPUIs usually function better without frontage roads. They are primarily suited for urban areas where right-of-way is restricted and expensive. [[media:234.4 Figure 1 Typical Geometrics for Single Point Urban Interchange.pdf|Primary features]] of a SPUI are all four turning movements can be controlled by a single traffic signal. They may be selected as the best alternative for an improvement instead of a diamond interchange when the total right-of-way and construction costs are evaluated for each interchange type used to address traffic capacity.<br /> <br /> ===234.4.1.1 Advantages===<br /> <br /> A SPUI offers several advantages including potentially significant right-of-way cost reductions by constructing it in a relatively narrow right-of-way. The primary operational advantage of this interchange configuration is the paths of vehicles making opposing left turns do not intersect. In addition, the right-turn movements are typically free-flow movements and only the left turns must pass through the signalized intersection. As a result, a major source of traffic conflict is eliminated, thus increasing overall intersection efficiency and reducing the signal operation needed from four-phases to three. Since the SPUI has only one intersection, as opposed to two for a diamond interchange, the operations of the single traffic signal may result in reduced delay through the intersection area when compared to a diamond interchange when turning movements are balanced. Radii for left-turn movements through the intersection are significantly larger than at conventional intersections so the left turns can move at higher speeds. These operational improvements may result in a higher capacity than a conventional tight diamond interchange.<br /> {|style=&quot;padding: 0.3em; margin-left:15px; border:1px solid #a9a9a9; text-align:center; font-size: 95%; background:#ffddcc&quot; width=&quot;210px&quot; align=&quot;right&quot; <br /> |-<br /> |'''Interchange, Single Point'''<br /> |-<br /> |[ https://spexternal.modot.mo.gov/sites/cm/CORDT/RDT04011.pdf Report 2004]<br /> |-<br /> |'''See also:''' [https://www.modot.org/research-publications Research Publications]<br /> |}<br /> <br /> ===234.4.1.2 Disadvantages===<br /> <br /> The primary disadvantage of a SPUI is the high construction costs associated with bridges. A SPUI with ramp intersections under the bridge need long bridges to span the large intersection below. A two-span structure is not a design option because a center column would conflict with traffic movements. Single-span overpass bridges are typically 220 ft in length. A SPUI with ramp intersections on the bridge tend to be very wide resulting in high costs. Where right-of-way is tightly constrained, a SPUI will typically utilize extensive retaining walls, further adding to the cost. However, the higher construction cost of a SPUI is often offset by the reduced right-of-way cost.<br /> <br /> A second potential problem encountered with a SPUI is the length and geometry of the path for left-turning vehicles through the intersection. This length requires a longer clearance interval that leads to longer delays at the traffic signal. Like most intersections, left-turning vehicles pass to the left of opposing left-turning vehicles. However, due to the size and distance between opposing approaches, the path of left-turning vehicles does not resemble a quarter of a circle found at typical intersections, but rather resembles a quarter of an ellipse. To provide positive guidance for this non-traditional path, various features have been developed. At a minimum, white extension lines are applied through the intersection.<br /> <br /> The skew angle between the two roadway alignments has an adverse effect on SPUIs because it increases clearance distances and adversely affects sight distance. Severely skewed alignments may also increase the length of the bridge and widen the distance between the stop bars on the local streets. Extreme care should be exercised in planning to use a SPUI when the skew angle approaches 30 degrees.<br /> <br /> ===234.4.1.3 Ramp and Preliminary Plan Criteria===<br /> <br /> Traffic capacities for ramp design are subject to variation and are limited by the geometric features of the ramp itself, the ramp termini, the weaving sections, the volume of through and turning traffic and intersection spacing within the functional area of the interchange. [[:category:940 Access Management|Access Management Guidelines]] are used for additional information. Procedures and methods for evaluating these capacities are given in the ''Highway Capacity Manual'' and ''A Policy on Geometric Design of Highways and Streets'' (AASHTO Green Book).<br /> <br /> Ramp base lines are always equated to the survey centerline and other ramp base line intersection points or the crossroad centerline intersection point. The equations include offsets and intersection angles.<br /> <br /> Interchange ramps are numbered for ease of identification. Ramp details can be found on [https://www.modot.org/media/16821 Standard Plan 203.40]. <br /> <br /> The district approves the [[media:234.2 Figure 1 Diamond Interchange Alignment Controls.pdf|geometric layout]] of a SPUI from the schematic drawing shown on the preliminary plan.<br /> <br /> Drawings with detail interchange geometrics are developed to the same scale used on the plans and on standard size, 22 in. x 34 in. sheets. The drawing includes complete alignment details for ramp base lines and shows the limits of pavement. A supplemental standard size full profile sheet or cross section sheet is used for plotting profiles and developing ramp grades. The profile is plotted to the horizontal scale used on the plans, and to a vertical scale of 1 in. = 10 ft. (1:100). If a standard size sheet is too small, additional standard size sheets are used, with match lines, or the layout may be prepared on a sheet of multiples of the standard size. The plan is developed to the best possible accuracy since this sheet becomes the base for later drawings (i.e. for grade separation reports). Grades are considered tentative at this stage and are developed in a similar manner to the preliminary plans. The plan sheet(s) includes complete traffic data for the interchange, including all turning movements. The traffic data is shown with the design hourly volume (DHV) over average annual daily traffic (AADT) and also the percent of trucks.<br /> <br /> At this preliminary plan stage, two prints of the interchange geometric sheets are submitted to the Design Division for review and comment. Three prints are submitted for all interstate projects so approval from FHWA can also be obtained.<br /> <br /> ===234.4.1.4 Basic Number of Lanes===<br /> <br /> The &quot;basic number of lanes&quot; is a fundamental design control maintained along a mainline roadway in addition to the requirements of lane balance and capacity. The basic number of lanes is the constant or minimum number of lanes provided throughout a significant length of the mainline roadway. This number is exclusive of the number of auxiliary lanes. Indiscriminate adding or dropping of basic lanes is discouraged.<br /> <br /> ===234.4.1.5 Coordination of Lane Balance===<br /> <br /> Proper lane balance is maintained on the main-line roadway at interchanges. The required number of lanes as determined by volume-capacity relations sometimes changes significantly at the entrance or exit points of the interchange. The following requirements for lane balance can generally be applied to both entrance and exit ramp traffic.<br /> <br /> * At entrance ramps, the number of lanes beyond the merging of two traffic streams is not less than the sum of all traffic lanes on the two merging roadways, minus one.<br /> * At exit ramps, the number of approach lanes on the main-line roadway must be equal to or greater than the number of lanes on the mainline roadway beyond the exit plus the number of lanes on the exit ramp, less one.<br /> <br /> Chapter 10 of the AASHTO Green Book has additional information concerning the coordination of lane balance and the basic number of lanes.<br /> <br /> Major fork and branch connection designs with appropriate signing (see [[:Category:903 Highway Signing|EPG 903 Highway Signing]]) to designate the optional exit lane destinations may be considered where appropriate as discussed in the AASHTO Green Book. Separate lanes with separate lane use signing are preferred where major forks occur.<br /> <br /> ===234.4.1.6 Auxiliary Lanes for Acceleration and Deceleration (Parallel Type)===<br /> <br /> Minimum speed change lengths are given in [[Media:Green Book Table 10-3.pdf|Tables 10-3]] and [[Media:Green Book Table 10-5.pdf|10-5]] of the AASHTO Green Book. Lengths shown in these tables are for grades of 2% or less on the speed change lane. [[Media:Green Book Table 10-4.pdf|Table 10-4]] of the AASHTO Green Book provides adjustment to these lengths for grades over 2%. Speed change lanes are provided at all ramp entrances and exits where the number of through traffic lanes each side of the ramp terminal are equal. The combined length of full width acceleration lane and taper will not be less than 600 ft. A shoulder, at least 6 ft. wide, is provided for auxiliary lanes along the through traffic lanes (except a 4-foot shoulder will be provided along a median acceleration lane). Auxiliary lane width is the same as the width provided for the through traffic lanes. In rural areas, the ramp nose will be visible to approaching traffic for a distance equal to at least 1.25 times the stopping sight distance on the freeway.<br /> <br /> Where interchanges are closely spaced the auxiliary lane for acceleration will be extended to the exit of the next interchange. An entrance lane followed by a lane exiting forms a traffic weaving section that requires added pavement width and length for weaving capacity. The capacity of the auxiliary lane connecting the on-ramp with the off-ramp will be determined using the Highway Capacity Manual or an appropriate traffic-modeling program (i.e. VISSIM). The weaving section will have a length and number of lanes based on the appropriate level of service outlined in the [[:category:232 Facility Selection|Facility Selection]] article.<br /> <br /> Where a two-lane entrance ramp or a two-lane exit ramp is needed for capacity or lane balance, the effective length of auxiliary lane will be determined as illustrated in [[Media:Green Book Fig 10-74.pdf|Figures 10-74]] and [[Media:Green Book Fig 10-73.pdf|10-73]] of the AASHTO Green Book.<br /> <br /> ===234.4.1.7 Clear Zones===<br /> <br /> Clear zones will be provided on all ramps, where feasible. Specific guidance concerning clear zones is found in the [[231.2 Clear Zones|Clear Zone]] article.<br /> <br /> ===234.4.1.8 Lane Drop===<br /> <br /> Where a reduction in mainline traffic demand indicates a need for less traffic capacity, a lane drop or reduction in the number of through lanes is made on the exit ramp, preferably one with a high traffic volume. This reduction may be made provided the exit volume is sufficiently large to change the basic number of lanes beyond this point on the route as a whole. A lane drop is only made on a right hand exit ramp. Under no circumstance will a lane drop be made on a left hand exit ramp. This creates an unacceptable situation for safe traffic operation.<br /> <br /> Where a lane drop or a reduction in the number of thruway lanes is made, an [[Media:234.2 Figure 5 Lane Drops for One And Two Lane Ramps.pdf|&quot;escape lane&quot;]] or a pavement taper of 50 to 1 convergence is provided beyond the gore nose for traffic to merge into the remaining through traffic lanes. Similarly, where two lane exit ramps are used, an &quot;escape lane&quot; is provided, if an auxiliary lane for lane balance is not provided beyond the gore nose.<br /> <br /> ===234.4.1.9 Superelevation===<br /> <br /> Minimum controls for superelevation of short radius curves on ramps are shown below. <br /> <br /> <br /> &lt;div id=&quot;TABLE 2&quot;&gt;&lt;/div&gt;<br /> &lt;center&gt;'''TABLE 2'''&lt;/center&gt;<br /> {| border=&quot;1&quot; style=&quot;text-align:center&quot; align=&quot;center&quot; cellpadding=&quot;3&quot;<br /> |-style=&quot;background:#90EE90&quot;<br /> ! colspan=&quot;4&quot;|MINIMUM RADII AND SUPERELEVATION FOR TURNING SPEEDS<br /> |-style=&quot;background:#90EE90&quot;<br /> |'''OPERATING SPEED MPH'''||'''RADIUS FT.'''||'''SUPER ELEVATION FT./FT.'''||'''LENGTH OF CIRCULAR ARC, DESIRABLE FT.'''<br /> |-style=&quot;background:#cccccc&quot;<br /> |15||50||0.00||60<br /> |-style=&quot;background:#cccccc&quot;<br /> |20||90||0.02||60<br /> |-style=&quot;background:#cccccc&quot;<br /> |25||150||0.04||70<br /> |-style=&quot;background:#cccccc&quot;<br /> |30||230||0.06||110<br /> |-style=&quot;background:#cccccc&quot;<br /> |35||310||0.08||140<br /> |-style=&quot;background:#cccccc&quot;<br /> |40||430||0.08||190<br /> |-style=&quot;background:#cccccc&quot;<br /> |45||540||0.08||200<br /> |}<br /> <br /> <br /> <br /> A maximum super elevation rate of 6% is used when a short radius curve is on a bridge structure. This is the maximum superelevation suitable for satisfactory traffic safety under snow and ice conditions. The maximum rate of cross slope change is 5% per 100 ft. to transition the superelevation cross slope back to normal cross slope. Ramp entrances and exits are designed to reach full superelevation at the ramp nose, if full superelevation can be obtained at this point. Superelevation transition for typical ramp entrances and exits are shown on standard plans. At ramp terminals with the thruway, the maximum algebraic difference in pavement cross slope is 5%.<br /> <br /> ===234.4.1.10 Grades===<br /> <br /> The general grade layout of interchanges, such as cross road over or under and ramp grades is selected and designed with grading economy in mind. The desirable maximum ramp gradient is 5 percent. In special cases, ramp grades as steep as 7 percent may be used. The use of grades steeper than 5 percent is usually restricted to short grades in urban or suburban areas. Vertical curves for ramps, both crest and sag, are designed to meet the requirements given in the [[230.2 Vertical Alignment|Vertical Alignment]] article based on the desirable ramp operating speed, except passing sight distance is not considered. The ramp grades for diamond-type interchanges at the ramp intersection with the crossroad are designed in accordance with these same requirements, regardless of whether the ramp grade is up or down in relation to the crossroad. Crossroad grades, ramp grades, and sight distances in the vicinity of diamond-type ramp intersections with the crossroad are developed in accordance with the requirements given in the [[:category:233 At - Grade Intersections|At-Grade Intersections]] article. If the crossroad operating speed is unknown, or is less than 30 mph, an operating speed of 30 mph is used. Mainline grades are set, if at all possible, prior to developing the geometrics and ramp grades. The best procedure is to develop grades through and adjacent to the interchange so mainline grades outside the interchange area can be adjusted to finally balance grading quantities, and the crossroad through the interchange can be adjusted as necessary to provide near minimum vertical clearance for the grade separation based upon the final structure layout. This procedure will cause a minimum of revision to the geometrics as the grades are finally adjusted.<br /> <br /> ===234.4.1.11 Grading===<br /> <br /> MicroStation, GEOPAK or other computer programs or aids are used to compute grading quantities in interchange areas. The method used is dependent upon the type of interchange, the terrain, and other site-specific factors. Regardless of the method, the plans will include adequate cross sections or contours to determine the quantity of grading material within the interchange area.<br /> <br /> ===234.4.1.12 Site Grading===<br /> <br /> Grading quantities in interchange areas Class A, Class C or Unclassified Excavation will include site grading necessary to properly handle drainage, to improve appearance, and to eliminate poor sight distance of other intersections. Where possible site grading is done for all interchange areas. Preliminary plans are reviewed carefully to determine if minimal site grading will address these items and yet provide economy in the design.<br /> <br /> Where site grading of an interchange area is made, it is desirable to provide flat slopes and smooth contour lines. Slopes on the outside of ramps will not be steeper than 1:3 and carried back to its intersection with the mainline roadway.<br /> <br /> With additional site grading and flatter slopes, guardrail would only be needed to protect bridge ends within the interchange area. The grading and slopes will also aid in reducing sign post size, length and location.<br /> <br /> ===234.4.1.13 Drainage===<br /> <br /> The plans will provide adequate facilities for handling drainage through and from the interchange area, including adequate provisions to prevent water or melting snow from running across pavements. [[:Category:806 Pollution, Erosion and Sediment Control|Erosion control]] in the interchange areas is also provided in the design. Storm water detention basins will be considered within an interchange in urban areas.<br /> <br /> ===234.4.1.14 Typical Sections===<br /> <br /> The plans will include detailed [[:Category:231 Typical Section Elements for Roadways|typical sections]] for all ramps and the crossroad not covered on the plans for the mainline roadway. They will also include the location of survey and base lines, and the location of the profile grade in relation to the typical section.<br /> <br /> ===234.4.1.15 Contract Plans===<br /> <br /> Contract plans show complete details for the construction of interchanges, including grading, geometrics, paving and drainage. Interchange grading quantities are tabulated on the plans, separated as much as conveniently possible from the main roadway grading quantities. Interchange grading quantities are considered in determining balance points in and adjacent to the interchange area. Details for typical ramp intersections are shown on standard plans. Similar details are required for ramp intersections not covered by the standard plans.<br /> <br /> ===234.4.1.16 Basic Considerations===<br /> <br /> Several basic design considerations can optimize the geometrics and operation of a SPUI. First, it is desirable that the left-turn curve be a single radius. This will, however, typically increase the amount of right of way required for the SPUI and/or require a larger bridge structure. Where it is not practical to provide a single radius, and curves are compounded from a larger to a smaller radius, the smaller radius should be at least half the radius of the larger. Another important design feature is to provide stopping sight distance on the left-turn movements equal to or exceeding that required for the design speed of the radius involved. A third design feature that can improve intersection operation is to provide additional median width on the cross street. The stop bar location on the cross street is dependent on the wheel tracks from the opposing ramp left-turn movement. By widening the median, the stop bar on the cross street can be moved forward, thus reducing the size of the intersection and the distance each vehicle travels through the intersection. The results include greater available green time for the signal and less potential driver confusion from an expansive intersection area. Avoid placing a SPUI on a crest vertical curve. Doing so makes it difficult for a driver to determine the proper path through the interchange. It is also important to ensure the adjoining intersection on the crossroad can adequately handle the increased traffic generated by the SPUI. Lack of capacity at this intersection can reduce the efficiency of the SPUI.<br /> <br /> A SPUI combined with a one-way frontage road will reduce the efficiency of the interchange. Frontage roads, if necessary, should be one-way in the direction of the ramp traffic. A slip ramp from the mainline to the frontage road provides access to and from the intersection. This ramp should connect to the frontage road at least 650 ft, and preferably greater than 1,000 ft, from the crossroad. The traffic signal needs a fourth phase to provide through movements on the frontage roads. A free-flow, U-turn movement may be desirable to expedite movements from one direction on the frontage road to the other.<br /> <br /> Right-turn lanes at SPUIs are typically separated from the left-turn lanes, often by a considerable distance. The exit ramp right turn can be a free or controlled movement. The design of free right turns should include an additional lane on the cross street beginning at the free right-turn lane and continuing for at least 200 ft before merging. Free-flow right turns from the exit ramp to an arterial crossroad are not desirable when the nearest intersection on the crossroad is within 500 ft because there may be inadequate weaving distance between the exit ramp and the adjacent intersection. When a yield sign or a traffic signal controls the right turn movement, adequate right-turn storage on the exit ramp should be provided to prevent blockage of vehicles turning left or traveling straight. Free-flow right turns on entrance ramps pose little operational problems, assuming adequate merge length is provided on the entrance ramp. The right-turn lane on the entrance ramp should extend at least 100 ft beyond the convergence point before beginning the merge.<br /> <br /> ===234.4.1.17 Pedestrians===<br /> <br /> Pedestrian movement through a SPUI can result in a loss of traffic capacity, as well as posing a risk to the pedestrian’s safety. If the movement of pedestrians through an interchange is critical, then the use of a SPUI must be very carefully considered. Pedestrian crossing of the local street at ramp terminals will require an additional signal phase, resulting in reduced operational efficiency. Therefore, the overall design may include provision of pedestrian crossings at adjacent intersections. A pedestrian bridge near the SPUI may also be an acceptable alternative. Pedestrian movements parallel to the local street are more readily handled. If, however, crosswalks are provided at ramps, they should be perpendicular to the ramp direction of travel and near to the local street. Perpendicular crosswalks minimize the length of the crossing, minimize conflicting movements, and reduce the amount of signal time needed for the pedestrian movement . Crosswalks located near the local street meet driver expectation and allow good sight distance to the pedestrian crossing.<br /> <br /> ===234.4.1.18 Specific Design Criteria===<br /> <br /> The following criteria for various elements of a SPUI serve as a guide for their design.<br /> <br /> '''Bridge''': <br /> * Overpass should carry the freeway (major roadway)<br /> * Typical bridge span length is 120 to 200 ft.<br /> <br /> '''Traffic''':<br /> * 20,000 to 35,000 AADT on the major roadway and<br /> * 15,000 to 30,000 AADT on the minor roadway.<br /> <br /> '''Skew Angle''':<br /> * Maximum of 30 degree.<br /> <br /> '''Right of Way''':<br /> * A SPUI normally requires 30% less right-of-way than a diamond interchange.<br /> <br /> '''Number of Lanes''':<br /> * 4 or more thru lanes based upon future capacity needs.<br /> * Provide dual left turn lanes on the initial improvement since the addition of more lanes in the future is very difficult to construct.<br /> * Provide a minimum 4 ft. lateral clearance between opposing left turn movements.<br /> <br /> '''Turn Radius''':<br /> * 160 – 300 ft. for left turns <br /> * 100 – 120 ft. for right turns.<br /> <br /> <br /> ===234.4.1.19 Lighting, Signing, Pavement Marking and Signals===<br /> <br /> The placement and maintenance requirements of lighting, signs pavement marking, and signals must be considered early in the design process. Support poles within a SPUI will be placed outside the traveled way. Due to the long distances traveled in a turn movement, advance signing and secondary signal indications are necessary. Standard MoDOT equipment will be used.<br /> <br /> '''Lighting''':<br /> * The most important design principles are uniformity of light and minimization of glare.<br /> * SPUI mainlines and crossroads will be well lighted<br /> * Good lighting is provided at the ramp junctions.<br /> * The central intersection area is the most important area of the interchange and will be well lighted.<br /> * The use of wall-pack lighting units along the vertical walls of <br /> the bridge within the interchange is discouraged.<br /> * Lighting is placed on signal poles.<br /> * Detailed information is contained in [[:category:901 Lighting|EPG 901 Lighting]].<br /> <br /> '''Signing''':<br /> <br /> Since a SPUI is an uncommon and complex intersection, special attention to signing is necessary. Appropriate signing will be provided to avoid confusion. Important points to consider when providing signing are:<br /> <br /> * Overhead guide signing is recommended for the approaching crossroad<br /> * Traffic guide sign applications on the exit ramps are to be consistent with mainline signing.<br /> * Use advance signing such as lane use signs over each lane on the roadway approaching the interchange. The sign support structure should be placed at or just beyond the point where the left turn lane is fully developed.<br /> * At least one set of “WRONG WAY” signs should be placed on the exit ramp to discourage wrong way traffic.<br /> * Detailed information is contained in [[:category:903 Highway Signing|EPG 903 Highway Signing]].<br /> <br /> '''Pavement marking''':<br /> <br /> Since a SPUI is an uncommon and complex intersection, pavement marking must be given special attention. Appropriate pavement marking should be provided to avoid confusion. It is important to use white extension lines (2-foot long with a 4-foot gap) in the left turn lanes to provide guidance through the intersection area. However, since inclement weather and normal wear will reduce their effectiveness the use of durable markings is recommended. Detailed information is contained in [[620.2 Pavement and Curb Markings (MUTCD Chapter 3B)|EPG 620.2 Pavement and Curb Markings]].<br /> <br /> '''Signals''':<br /> <br /> A typical SPUI uses basic gap timing combined with vehicle detection in advance and at the stop bar. Interconnecting signals along the arterial route will improve coordination of through movements resulting in more efficient performance. Detailed information is contained in [[:category:902 Signals|EPG 902 Signals]].<br /> <br /> A typical SPUI has three signal phases. One phase controls both crossroad left turn movements, one phase controls crossroad through movements, and one phase controls both off ramp left turn movements.<br /> <br /> The change period (combination of yellow plus red timing) will need to be longer than normal for the left turn movements given the slow speeds and distances traveled.<br /> <br /> ==234.4.2 Maintenance and Emergency Crossovers==<br /> <br /> Maintenance and emergency crossovers may be constructed on [[232.5 Freeways|freeways]] and [[232.4 Expressways|expressways]] so that maintenance, emergency and law enforcement vehicles can avoid extremely adverse distances. These crossovers <br /> :* facilitate maintenance activities such as snow removal and<br /> :* provide ample access for law enforcement or emergency medical services responding to roadway incidents.<br /> <br /> Maintenance crossovers may be needed at one or both ends of interchange facilities, depending on the type of interchange.<br /> <br /> Information concerning their location and requirements for construction can be found at [[:Category:240 Maintenance and Emergency Crossovers|EPG 240 Maintenance and Emergency Crossovers]]. <br /> [[category:234 Interchanges]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=413.3_Ultrathin_Bonded_Asphalt_Wearing_Surface&diff=51786 2022-08-30T14:58:51Z

<p>Hallej1: </p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:15px; border:1px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;200px&quot; align=&quot;right&quot; <br /> |- <br /> |'''AC Price Index Adjustments'''<br /> |-<br /> |[https://epg.modot.org/forms/CM/403_Guidance_for_Asphalt_Cement_Price_Index_Adjustments.docx Guidance for Asphalt Cement Price Index Adjustments]<br /> |}<br /> <br /> ==413.3.1 Material Inspection==<br /> Aggregate for use in surface treatments shall be inspected in accordance with [[:Category:1001 General Requirements for Material|EPG 1001 General Requirements for Material]]. Asphalt Binder for use in surface treatments shall be inspected in accordance with [[:Category:1015 Bituminous Material|EPG 1015 Bituminous Material]].<br /> {|style=&quot;padding: 0.3em; margin-left:15px; border:1px solid #a9a9a9; text-align:center; font-size: 95%; background:#ffddcc&quot; width=&quot;210px&quot; align=&quot;right&quot;<br /> |-<br /> |'''NovaChip'''<br /> |-<br /> |[https://spexternal.modot.mo.gov/sites/cm/CORDT/PD98055_Brief.pdf Summary 1999]<br /> |-<br /> |[https://spexternal.modot.mo.gov/sites/cm/CORDT/PD98055_Brief.pdf Summary 1999]<br /> |-<br /> |'''See also:''' [https://www.modot.org/research-publications Research Publications]<br /> |}<br /> ===413.3.1.1 Procedure===<br /> '''Mix Design Procedure'''<br /> <br /> In order for an Ultrathin Bonded Asphalt Wearing Surface mix formula to be approved, the contractor’s proposed job mix formula (JMF) shall be submitted as required in [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=7 Standard Specification Sec 413.30.3]. The time for approval starts when the completed design is delivered to the district. This time restarts when the district receives information omitted from the original JMF or corrected by the contractor. Review/verification time includes district and Central Office processing, therefore, each mix should be processed as soon as possible. Trial mix samples shall be obtained and submitted to the Central Laboratory in accordance with EPG 1001. When possible, the JMF and correspondence should be transmitted electronically. The Materials Field Office e-mail address is MFO.<br /> <br /> '''District Procedure'''<br /> <br /> Use [[413.1 Micro-Surfacing#District Procedure|Micro-Surfacing - District procedures]].<br /> <br /> '''Field Office Procedure'''<br /> <br /> The Materials Field Office is charged with the responsibility of processing the mix formula. General procedures for processing an ultra thin bonded asphalt wearing surface mix formula are as follows:<br /> <br /> :a. A letter from a district requesting a mix with a copy of the contractor's JMF and letter is received.<br /> :b. Contract specifications for the project are checked for necessary items.<br /> :c. Grade of asphalt as well as the refinery to be used and the percent asphalt recommended are reviewed.<br /> :d. Gradations of the aggregates are checked for specification compliance and compared with the gradations determined by the Laboratory.<br /> :e. All calculations on the proposed JMF are checked.<br /> :f. For verification, a trial mix is prepared and submitted to the Laboratory.<br /> :g. When Central Laboratory tests are completed, the results are compared to the contractor’s and against the specifications. If the mixes tested cannot be used, the mixture will be rejected.<br /> <br /> ===413.3.1.2 Reporting===<br /> Use [[413.1 Micro-Surfacing#413.3.3 Report|Micro-Surfacing - Report]].<br /> <br /> ==413.3.2 Laboratory Procedure==<br /> Test results and calculations required for Ultrathin bonded asphalt wearing surface trial mixtures are as shown in EPG 413.3.2.1 through EPG 413.3.2.11, below. Test results and calculations shall be recorded through AASHTOWARE Project (AWP).<br /> <br /> '''413.3.2.1''' The Los Angeles Abrasion value of the aggregate shall be determined, when required, in accordance with AASHTO T 96. Los Angeles Abrasion shall be determined on an individual ledge basis.<br /> <br /> '''413.3.2.2''' Sodium sulfate soundness of the aggregate shall be determined, when required, in accordance with AASHTO T 104. Soundness shall be determined on an individual ledge basis.<br /> <br /> '''413.3.2.3''' Flat and Elongated Particles in Coarse Aggregate, 3:1, shall be determined in accordance with ASTM D 4791. Flat and Elongated Particles shall be determined on the aggregate blend.<br /> <br /> '''413.3.2.4''' Percentage of Fractured Particles in Coarse Aggregate shall be determined in accordance with ASTM D 5821. Percentage of Fractured Particles shall be determined on the aggregate blend.<br /> <br /> '''413.3.2.5''' Micro-Deval shall be determined in accordance with AASHTO T 327. Micro-Deval shall be determined on an individual ledge basis.<br /> <br /> '''413.3.2.6''' Plastic Fines in Graded Aggregates and Soils by Use of the Sand Equivalent Test shall be determined in accordance with AASHTO T 176. The Sand Equivalent shall be determined on the aggregate blend.<br /> <br /> '''413.3.2.7''' Methylene Blue shall be determined in accordance with AASHTO T 330. Methylene Blue shall be determined on the aggregate blend.<br /> <br /> '''413.3.2.8''' The Uncompacted Void Content shall be determined in accordance with AASHTO T 304. The Uncompacted Void Content shall be determined on the aggregate blend.<br /> <br /> '''413.3.2.9''' The Acid Insoluble Residue (AIR), when required, shall be determined in accordance with [[106.3.2.76 TM-76, Acid Insoluble Residue|MoDOT Test Method TM 76]]. AIR is to be determined on the aggregate blend.<br /> <br /> '''413.3.2.10''' Drain Down of the loose mixture shall be determined in accordance with AASHTO T 305.<br /> <br /> '''413.3.2.11''' The Tensile Strength Ratio (TSR) shall be determined in accordance with AASHTO T 283, with the following modifications:<br /> <br /> :(a) Section 6.2 - Specimens 4 inches (100 mm) in diameter and 2.5 inches (63.5 mm) thick shall be used.<br /> <br /> :(b) Section 9.4 – Calculate the volumetric bulk specific gravity G&lt;sub&gt;mb&lt;/sub&gt; as follows:<br /> <br /> ::&lt;math&gt;G_{mb}=\frac{\left(\frac{W}{\pi\times\;\frac{D^2}{4}\times\;h}\right)\times\;1728}{62.4}&lt;/math&gt;<br /> <br /> ::where:<br /> <br /> ::W = Weight – air dry (pounds)<br /> ::D = Diameter of specimen (inches)<br /> ::h = Height of specimen (inches)<br /> <br /> :(c) Section 10.3.2 - Prior to placing the specimen in the vacuum vessel, a sheet of plastic film shall be placed on the balance to ensure any water draining from the specimen is not lost, and the balance shall be zeroed. The SSD mass of the specimen shall be determined within two minutes of removing the sample from the vacuum vessel.<br /> <br /> :(d) Section 10.3.7 - If the degree of saturation is acceptable, the specimen shall be wrapped with the plastic film and placed in a plastic bag containing 0.003 gallon (10 mL) of water. Within two minutes of placing the specimen in the bag, the specimen shall be placed in the freezer. All moisture draining from the specimen during the process shall be collected by the plastic film and shall not be discarded.<br /> <br /> ==413.3.3 Maintenance Surface Treatment==<br /> <br /> An ultra-thin (&lt; 1”) bonded asphalt wearing surface (UBAWS) is a hot mix asphalt (HMA) overlay placed over a heavy asphalt emulsion layer or membrane. The thickness ranges from 1/2 in. to 3/4 inch. The table below lists the minimum lift thickness for each UBAWS type based on the nominal maximum aggregate size allowed for the mixture. However, if rumble stripes are to be installed on the UBAWS treatment, the minimum thickness for all UBAWS types should be 3/4 inch.<br /> <br /> {| border=&quot;1&quot; class=&quot;wikitable&quot; style=&quot;margin: 1em auto 1em auto&quot;<br /> |+ <br /> ! style=&quot;background:#BEBEBE&quot;|UBAWS Type !! style=&quot;background:#BEBEBE&quot;|Minimum Lift Thickness<br /> |-<br /> | align=&quot;center&quot;|Type A|| align=&quot;center&quot;| 1/2 inch<br /> |-<br /> | align=&quot;center&quot;|Type B || align=&quot;center&quot;|3/4 inch<br /> |-<br /> | align=&quot;center&quot;|Type C|| align=&quot;center&quot;| 3/4 inch<br /> |}<br /> <br /> The system is placed on a structurally sound flexible pavement that may exhibit minor amounts of surface distress. The layer thickness is determined by the maximum aggregate size in the HMA. The asphalt emulsion is usually polymer modified emulsion applied at a target rate of 0.15 gal/yd&lt;sup&gt;2&lt;/sup&gt; for Type A UBAWS and 0.19 gal/yd&lt;sup&gt;2&lt;/sup&gt; for Type B and Type C UBAWS. The HMA is a gap-graded mix using a crushed aggregate bound together with a mastic made of sand, filler, and asphalt binder. The maximum aggregate size ranges from 1/4 in. to 1/2 inch. Generally a 3/8 in. mix is used. The grade of the asphalt binder is chosen based on the climate and the traffic conditions for the project. The binder content generally ranges from 5% to 6% depending on the traffic, climate and condition of the existing pavement.<br /> <br /> The ultra-thin bonded wearing course is placed with a specially built machine that places the asphalt emulsion membrane and HMA in a single pass. The heavy application of the asphalt membrane seals small cracks in the existing pavement and helps to ensure the adhesion of the HMA to the underlying pavement.<br /> <br /> The primary function of the ultra-thin bonded wearing course is to provide a durable, friction resistant surface on an existing flexible pavement. Specifications generally require one of three gradations. The gradation should be based on the traffic level, and the surface condition of the roadway. The thickness is approximately 1.5 times the maximum aggregate size.<br /> <br /> For flexible pavements, the ultra-thin bonded HMA should not be used when the cracking exceeds the moderate severity levels. Any cracks greater than 1/4 in. should be cleaned and filled. A separate bid item should be included in the contract in accordance with Sec 413.70 or Sec 413.80. <br /> <br /> Patches and potholes should not exceed moderate severity levels. All potholes and any alligator cracked areas should be properly repaired in accordance with Sec 613.35 with a separate bid item. Rutting should not exceed 1/2 inch. If the rutting does exceed this limit the surface should be milled or the ruts filled with a suitable materials prior to placing the ultra-thin overlay.<br /> <br /> The ultra-thin bonded HMA overlay is applicable to all traffic levels, but because of its cost it is generally considered for high speed and high volume roadways.<br /> <br /> ==413.3.4 Membrane Application Rate==<br /> <br /> The ultrathin bonded asphalt wearing surface membrane application rate is dependent upon the type of mix and the surface on which the material will be placed. Adjustments to the target application rates will be considered by the Pavement Engineer using the following table and the existing surface type on which the UBAWS is being placed.<br /> &lt;center&gt;<br /> <br /> {| border=&quot;1&quot; class=&quot;wikitable&quot; style=&quot;margin: 1em auto 1em auto&quot; style=&quot;text-align:center&quot;<br /> |+ <br /> ! style=&quot;background:#BEBEBE&quot; colspan=&quot;3&quot;|Target Application Rate Adjustment Considerations<br /> |-<br /> !! style=&quot;background:#BEBEBE&quot; |Existing Pavement Type !! style=&quot;background:#BEBEBE&quot; |Condition!! style=&quot;background:#BEBEBE&quot; |Adj. Rate (Gal/SY)<br /> |-<br /> |rowspan=&quot;5&quot;|PCCP|| Aged|| 0.00<br /> |-<br /> |New|| 0.00<br /> |-<br /> |Diamond Ground|| +0.01<br /> |-<br /> |Polished|| +0.01<br /> |-<br /> |Milled|| +0.03<br /> |-<br /> |rowspan=&quot;4&quot;|HMA|| Oxidized|| 0.00<br /> |-<br /> |New|| -0.01<br /> |-<br /> |OGFC/UBAWS|| +0.04<br /> |-<br /> |Milled|| +0.03<br /> |-<br /> |Surface Recycle|| New|| 0.00<br /> |-<br /> |rowspan=&quot;3&quot;|Chip Seal|| Flushed|| -0.03<br /> |-<br /> |Worn|| +0.01<br /> |-<br /> |Dry|| +0.03<br /> |}<br /> &lt;/center&gt;<br /> <br /> When an adjusted target rate is provided for a project, the adjusted rate must be shown on the typicals for the project. <br /> <br /> See [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=7 Standard Specification Sec 413.30.]<br /> <br /> <br /> [[Category:413 Surface Treatments and Preventive Maintenance|413.03]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=413.3_Ultrathin_Bonded_Asphalt_Wearing_Surface&diff=51785 2022-08-30T14:34:59Z

<p>Hallej1: </p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:15px; border:1px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;200px&quot; align=&quot;right&quot; <br /> |- <br /> |'''AC Price Index Adjustments'''<br /> |-<br /> |[https://epg.modot.org/forms/CM/403_Guidance_for_Asphalt_Cement_Price_Index_Adjustments.docx Guidance for Asphalt Cement Price Index Adjustments]<br /> |}<br /> <br /> ==413.3.1 Material Inspection==<br /> Aggregate for use in surface treatments shall be inspected in accordance with [[:Category:1001 General Requirements for Material|EPG 1001 General Requirements for Material]]. Asphalt Binder for use in surface treatments shall be inspected in accordance with [[:Category:1015 Bituminous Material|EPG 1015 Bituminous Material]].<br /> {|style=&quot;padding: 0.3em; margin-left:15px; border:1px solid #a9a9a9; text-align:center; font-size: 95%; background:#ffddcc&quot; width=&quot;210px&quot; align=&quot;right&quot;<br /> |-<br /> |'''NovaChip'''<br /> |-<br /> |[https://spexternal.modot.mo.gov/sites/cm/CORDT/PD98055_Brief.pdf Summary 1999]<br /> |-<br /> |'''See also:''' [https://www.modot.org/research-publications Research Publications]<br /> |}<br /> ===413.3.1.1 Procedure===<br /> '''Mix Design Procedure'''<br /> <br /> In order for an Ultrathin Bonded Asphalt Wearing Surface mix formula to be approved, the contractor’s proposed job mix formula (JMF) shall be submitted as required in [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=7 Standard Specification Sec 413.30.3]. The time for approval starts when the completed design is delivered to the district. This time restarts when the district receives information omitted from the original JMF or corrected by the contractor. Review/verification time includes district and Central Office processing, therefore, each mix should be processed as soon as possible. Trial mix samples shall be obtained and submitted to the Central Laboratory in accordance with EPG 1001. When possible, the JMF and correspondence should be transmitted electronically. The Materials Field Office e-mail address is MFO.<br /> <br /> '''District Procedure'''<br /> <br /> Use [[413.1 Micro-Surfacing#District Procedure|Micro-Surfacing - District procedures]].<br /> <br /> '''Field Office Procedure'''<br /> <br /> The Materials Field Office is charged with the responsibility of processing the mix formula. General procedures for processing an ultra thin bonded asphalt wearing surface mix formula are as follows:<br /> <br /> :a. A letter from a district requesting a mix with a copy of the contractor's JMF and letter is received.<br /> :b. Contract specifications for the project are checked for necessary items.<br /> :c. Grade of asphalt as well as the refinery to be used and the percent asphalt recommended are reviewed.<br /> :d. Gradations of the aggregates are checked for specification compliance and compared with the gradations determined by the Laboratory.<br /> :e. All calculations on the proposed JMF are checked.<br /> :f. For verification, a trial mix is prepared and submitted to the Laboratory.<br /> :g. When Central Laboratory tests are completed, the results are compared to the contractor’s and against the specifications. If the mixes tested cannot be used, the mixture will be rejected.<br /> <br /> ===413.3.1.2 Reporting===<br /> Use [[413.1 Micro-Surfacing#413.3.3 Report|Micro-Surfacing - Report]].<br /> <br /> ==413.3.2 Laboratory Procedure==<br /> Test results and calculations required for Ultrathin bonded asphalt wearing surface trial mixtures are as shown in EPG 413.3.2.1 through EPG 413.3.2.11, below. Test results and calculations shall be recorded through AASHTOWARE Project (AWP).<br /> <br /> '''413.3.2.1''' The Los Angeles Abrasion value of the aggregate shall be determined, when required, in accordance with AASHTO T 96. Los Angeles Abrasion shall be determined on an individual ledge basis.<br /> <br /> '''413.3.2.2''' Sodium sulfate soundness of the aggregate shall be determined, when required, in accordance with AASHTO T 104. Soundness shall be determined on an individual ledge basis.<br /> <br /> '''413.3.2.3''' Flat and Elongated Particles in Coarse Aggregate, 3:1, shall be determined in accordance with ASTM D 4791. Flat and Elongated Particles shall be determined on the aggregate blend.<br /> <br /> '''413.3.2.4''' Percentage of Fractured Particles in Coarse Aggregate shall be determined in accordance with ASTM D 5821. Percentage of Fractured Particles shall be determined on the aggregate blend.<br /> <br /> '''413.3.2.5''' Micro-Deval shall be determined in accordance with AASHTO T 327. Micro-Deval shall be determined on an individual ledge basis.<br /> <br /> '''413.3.2.6''' Plastic Fines in Graded Aggregates and Soils by Use of the Sand Equivalent Test shall be determined in accordance with AASHTO T 176. The Sand Equivalent shall be determined on the aggregate blend.<br /> <br /> '''413.3.2.7''' Methylene Blue shall be determined in accordance with AASHTO T 330. Methylene Blue shall be determined on the aggregate blend.<br /> <br /> '''413.3.2.8''' The Uncompacted Void Content shall be determined in accordance with AASHTO T 304. The Uncompacted Void Content shall be determined on the aggregate blend.<br /> <br /> '''413.3.2.9''' The Acid Insoluble Residue (AIR), when required, shall be determined in accordance with [[106.3.2.76 TM-76, Acid Insoluble Residue|MoDOT Test Method TM 76]]. AIR is to be determined on the aggregate blend.<br /> <br /> '''413.3.2.10''' Drain Down of the loose mixture shall be determined in accordance with AASHTO T 305.<br /> <br /> '''413.3.2.11''' The Tensile Strength Ratio (TSR) shall be determined in accordance with AASHTO T 283, with the following modifications:<br /> <br /> :(a) Section 6.2 - Specimens 4 inches (100 mm) in diameter and 2.5 inches (63.5 mm) thick shall be used.<br /> <br /> :(b) Section 9.4 – Calculate the volumetric bulk specific gravity G&lt;sub&gt;mb&lt;/sub&gt; as follows:<br /> <br /> ::&lt;math&gt;G_{mb}=\frac{\left(\frac{W}{\pi\times\;\frac{D^2}{4}\times\;h}\right)\times\;1728}{62.4}&lt;/math&gt;<br /> <br /> ::where:<br /> <br /> ::W = Weight – air dry (pounds)<br /> ::D = Diameter of specimen (inches)<br /> ::h = Height of specimen (inches)<br /> <br /> :(c) Section 10.3.2 - Prior to placing the specimen in the vacuum vessel, a sheet of plastic film shall be placed on the balance to ensure any water draining from the specimen is not lost, and the balance shall be zeroed. The SSD mass of the specimen shall be determined within two minutes of removing the sample from the vacuum vessel.<br /> <br /> :(d) Section 10.3.7 - If the degree of saturation is acceptable, the specimen shall be wrapped with the plastic film and placed in a plastic bag containing 0.003 gallon (10 mL) of water. Within two minutes of placing the specimen in the bag, the specimen shall be placed in the freezer. All moisture draining from the specimen during the process shall be collected by the plastic film and shall not be discarded.<br /> <br /> ==413.3.3 Maintenance Surface Treatment==<br /> <br /> An ultra-thin (&lt; 1”) bonded asphalt wearing surface (UBAWS) is a hot mix asphalt (HMA) overlay placed over a heavy asphalt emulsion layer or membrane. The thickness ranges from 1/2 in. to 3/4 inch. The table below lists the minimum lift thickness for each UBAWS type based on the nominal maximum aggregate size allowed for the mixture. However, if rumble stripes are to be installed on the UBAWS treatment, the minimum thickness for all UBAWS types should be 3/4 inch.<br /> <br /> {| border=&quot;1&quot; class=&quot;wikitable&quot; style=&quot;margin: 1em auto 1em auto&quot;<br /> |+ <br /> ! style=&quot;background:#BEBEBE&quot;|UBAWS Type !! style=&quot;background:#BEBEBE&quot;|Minimum Lift Thickness<br /> |-<br /> | align=&quot;center&quot;|Type A|| align=&quot;center&quot;| 1/2 inch<br /> |-<br /> | align=&quot;center&quot;|Type B || align=&quot;center&quot;|3/4 inch<br /> |-<br /> | align=&quot;center&quot;|Type C|| align=&quot;center&quot;| 3/4 inch<br /> |}<br /> <br /> The system is placed on a structurally sound flexible pavement that may exhibit minor amounts of surface distress. The layer thickness is determined by the maximum aggregate size in the HMA. The asphalt emulsion is usually polymer modified emulsion applied at a target rate of 0.15 gal/yd&lt;sup&gt;2&lt;/sup&gt; for Type A UBAWS and 0.19 gal/yd&lt;sup&gt;2&lt;/sup&gt; for Type B and Type C UBAWS. The HMA is a gap-graded mix using a crushed aggregate bound together with a mastic made of sand, filler, and asphalt binder. The maximum aggregate size ranges from 1/4 in. to 1/2 inch. Generally a 3/8 in. mix is used. The grade of the asphalt binder is chosen based on the climate and the traffic conditions for the project. The binder content generally ranges from 5% to 6% depending on the traffic, climate and condition of the existing pavement.<br /> <br /> The ultra-thin bonded wearing course is placed with a specially built machine that places the asphalt emulsion membrane and HMA in a single pass. The heavy application of the asphalt membrane seals small cracks in the existing pavement and helps to ensure the adhesion of the HMA to the underlying pavement.<br /> <br /> The primary function of the ultra-thin bonded wearing course is to provide a durable, friction resistant surface on an existing flexible pavement. Specifications generally require one of three gradations. The gradation should be based on the traffic level, and the surface condition of the roadway. The thickness is approximately 1.5 times the maximum aggregate size.<br /> <br /> For flexible pavements, the ultra-thin bonded HMA should not be used when the cracking exceeds the moderate severity levels. Any cracks greater than 1/4 in. should be cleaned and filled. A separate bid item should be included in the contract in accordance with Sec 413.70 or Sec 413.80. <br /> <br /> Patches and potholes should not exceed moderate severity levels. All potholes and any alligator cracked areas should be properly repaired in accordance with Sec 613.35 with a separate bid item. Rutting should not exceed 1/2 inch. If the rutting does exceed this limit the surface should be milled or the ruts filled with a suitable materials prior to placing the ultra-thin overlay.<br /> <br /> The ultra-thin bonded HMA overlay is applicable to all traffic levels, but because of its cost it is generally considered for high speed and high volume roadways.<br /> <br /> ==413.3.4 Membrane Application Rate==<br /> <br /> The ultrathin bonded asphalt wearing surface membrane application rate is dependent upon the type of mix and the surface on which the material will be placed. Adjustments to the target application rates will be considered by the Pavement Engineer using the following table and the existing surface type on which the UBAWS is being placed.<br /> &lt;center&gt;<br /> <br /> {| border=&quot;1&quot; class=&quot;wikitable&quot; style=&quot;margin: 1em auto 1em auto&quot; style=&quot;text-align:center&quot;<br /> |+ <br /> ! style=&quot;background:#BEBEBE&quot; colspan=&quot;3&quot;|Target Application Rate Adjustment Considerations<br /> |-<br /> !! style=&quot;background:#BEBEBE&quot; |Existing Pavement Type !! style=&quot;background:#BEBEBE&quot; |Condition!! style=&quot;background:#BEBEBE&quot; |Adj. Rate (Gal/SY)<br /> |-<br /> |rowspan=&quot;5&quot;|PCCP|| Aged|| 0.00<br /> |-<br /> |New|| 0.00<br /> |-<br /> |Diamond Ground|| +0.01<br /> |-<br /> |Polished|| +0.01<br /> |-<br /> |Milled|| +0.03<br /> |-<br /> |rowspan=&quot;4&quot;|HMA|| Oxidized|| 0.00<br /> |-<br /> |New|| -0.01<br /> |-<br /> |OGFC/UBAWS|| +0.04<br /> |-<br /> |Milled|| +0.03<br /> |-<br /> |Surface Recycle|| New|| 0.00<br /> |-<br /> |rowspan=&quot;3&quot;|Chip Seal|| Flushed|| -0.03<br /> |-<br /> |Worn|| +0.01<br /> |-<br /> |Dry|| +0.03<br /> |}<br /> &lt;/center&gt;<br /> <br /> When an adjusted target rate is provided for a project, the adjusted rate must be shown on the typicals for the project. <br /> <br /> See [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=7 Standard Specification Sec 413.30.]<br /> <br /> <br /> [[Category:413 Surface Treatments and Preventive Maintenance|413.03]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=Category:101_Standard_Forms&diff=51784 2022-08-25T13:12:58Z

<p>Hallej1: /* Planning */</p> <hr /> <div><br /> {|style=&quot;padding: 0.3em; margin-left:2px; border:2px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;520px&quot; align=&quot;right&quot; <br /> |-<br /> |EPG articles are &lt;u&gt;not&lt;/u&gt; referenced as &quot;sections&quot; but as EPG XXX.X (example: EPG 401.3) to avoid confusion with MoDOT specs (which are contractually binding).<br /> |}<br /> == ==<br /> Standard forms organized by functional unit are accessible from this page. '''The files accessible by the links below are identical to those accessed through Word, Excel or other software application by MoDOT employees.''' Many of these file links are also contained in Engineering Policy Guide articles that refer to the forms.<br /> <br /> <br /> ==Bridge==<br /> *[https://epg.modot.org/forms/BR/Bridge%20Division%20Memo.dot Bridge Division Memo]<br /> <br /> *[[media:101_Bridge_Hydraulics_Report_Feb_2022.dotx|Bridge Hydraulics Report]]<br /> <br /> *[https://epg.modot.org/forms/BR/Change%20Order.dot Change Order]<br /> &lt;div id=&quot;Constructability Questionnaire&quot;&gt;&lt;/div&gt;<br /> <br /> *[https://epg.modot.org/forms/BR/Constructability%20Questionnaire.dot Constructability Questionnaire]<br /> <br /> *[https://modotgov.sharepoint.com/:w:/r/sites/br/Hydraulics/Shared%20Docs/Hydraulics_Report_Forms/Culvert%20Hydraulics%20Report/Culvert_Hydraulics_Report.docx?d=w0b58cefc4aac4f36a2b08ede9373beb4&amp;csf=1&amp;web=1&amp;e=DZof11 Culvert Hydraulics Report]<br /> [[image:101 Bridge.jpg|right|150px]]<br /> <br /> *[[media:131.1 Design Exception 2020.docx|Design Exception Information]]<br /> <br /> *[https://epg.modot.org/forms/BR/Design%20Except%20to%20District.dot Design Except to District]<br /> <br /> *[[media:101 Design Layout Box 2014.docx|Design Layout (Box)]]<br /> <br /> *[https://epg.modot.org/forms/BR/Design%20Layout%20(Grade).dot Design Layout (Grade)]<br /> <br /> *[[media:101 Design Layout Stream 2014.docx|Design Layout (Stream)]]<br /> <br /> *[https://epg.modot.org/forms/BR/Design%20Layout%20(Wall).dot Design Layout (Wall)]<br /> &lt;div id=&quot;Floodplain Development Permit/Application&quot;&gt;&lt;/div&gt;<br /> <br /> *[[media:101 Floodplain Development Permit Application 2019.pdf|Floodplain Development Permit/Application]]<br /> <br /> *[[media:101 Floodplain Development Permit To District Cover Letter.docx|Floodplain Development Permit To District Cover Letter]]<br /> <br /> *[https://epg.modot.org/forms/BR/Layout%20to%20FHWA.dotx Layout to FHWA]<br /> <br /> *[https://epg.modot.org/forms/BR/Layout%20to%20Railroad.dot Layout to Railroad]<br /> <br /> *[https://epg.modot.org/forms/BR/Missouri-Illinois%20Border%20Bridge%20Clearinghouse%20Form.dot Missouri-Illinois Border Bridge Clearinghouse Form]<br /> &lt;div id=&quot;No-Rise Certificate&quot;&gt;&lt;/div&gt;<br /> *[[media:101 No Rise Certificate 2020.pdf|No-Rise Certificate]]<br /> <br /> *[[media:751.1.2.20 Request Apr 2021.xlsx|Request for Final Soundings for Structures Form]]<br /> <br /> *[https://epg.modot.org/forms/BR/Telefax.dot Telefax]<br /> <br /> *[https://epg.modot.org/forms/BR/Transmittal%20Letter.dot Transmittal Letter]<br /> <br /> *[[media:131.1 Vertical Clearance Coord Form Jul 2018.pdf|Vertical Clearance Design Exception Coordination with SDDCTEA]]<br /> <br /> ==Construction and Materials==<br /> *[https://epg.modot.org/forms/CM/30_Day_Reminder_Final_Invoice_Letter.pdf 30 Day Reminder Final Invoice Letter]<br /> <br /> *[https://epg.modot.org/forms/CM/60_Day_Final_Acceptance_Letter.pdf 60 Day Final Acceptance Letter]<br /> <br /> *[https://epg.modot.org/forms/CM/AC_Index_Price_Adjustment_Hot_Mix_Asphalt_SY.xlsx AC Index Price Adjustment – Hot mix asphalt (per SY)]<br /> [[image:101CM.jpg|right|150px]]<br /> *[https://epg.modot.org/forms/CM/AC_Index_Price_Adjustment_Hot_Mix_Asphalt_Ton.xlsx AC Index Price Adjustment – Hot mix asphalt (per Ton)]<br /> <br /> *[https://epg.modot.org/forms/CM/AC_Index_Price_Adjustment_Seal_Coat.xlsx AC Index Price Adjustment – Sealcoat]<br /> <br /> *[https://epg.modot.org/forms/CM/AC_Index_Price_Adjustment_UBAWS_Hot_Mix_and_Membrane.xlsx AC Index Price Adjustment – UBAWS Hot Mix and Membrane]<br /> <br /> *[https://epg.modot.org/forms/CM/AC_Index_Price_Adjustment_Undersealing.xlsx AC Index Price Adjustment – Undersealing]<br /> <br /> *[https://epg.modot.org/forms/CM/ADA_Checklist.pdf ADA Checklist (PDF) (Rev. June 15, 2022)]<br /> <br /> *[https://epg.modot.org/forms/CM/ADA_Checklist.docx ADA Checklist (MS Word) (Rev. June 15, 2022)]<br /> <br /> *[https://epg.modot.org/forms/CM/Aggregate_Base_Random_Locations.xlsm Aggregate Base Random Locations]<br /> <br /> *[https://epg.modot.org/forms/CM/As_Built_Final_Plans_Checklist_SL_District.pdf As Built Plans Checklist - SL District]<br /> <br /> *[https://epg.modot.org/forms/CM/Asbestos_Bulk_Sample_Bridge_CL_EL_5.pdf Asbestos Bulk Sample Bridge CL EL 5]<br /> <br /> *[https://epg.modot.org/forms/CM/Asbestos_Bulk_Sample_Parcel_CL_EL_5.pdf Asbestos Bulk Sample Parcel CL EL 5]<br /> <br /> *[https://epg.modot.org/forms/CM/Asbestos_Survey_Report_T746_T747_T748_C760.pdf Asbestos Survey Report - All Suspect ACM (Form T746), Nonfriable ACM (Form T747) and All Materials (Form T748)]<br /> <br /> *[https://epg.modot.org/forms/CM/Asphalt_Core_Spreadsheet.xlsx Asphalt Core Spreadsheet]<br /> <br /> *[https://epg.modot.org/forms/CM/Asphalt_Mix_Design.xlsm Asphalt Mix Design]<br /> <br /> *[https://epg.modot.org/forms/CM/Asphalt_Random_Locations.xlsm Asphalt Random Locations]<br /> <br /> *[https://epg.modot.org/forms/CM/Asphalt_Roadway_Report.xlsm Asphalt Roadway Report]<br /> <br /> *[https://epg.modot.org/forms/CM/Bridge_Bearings.xlsx Bridge Bearings]<br /> <br /> *[https://epg.modot.org/forms/CM/Bridge_Clearance_Report_C239A.pdf Bridge Clearance Report (C-239A)]<br /> <br /> *[https://epg.modot.org/forms/CO/Bridge%20Fabrication%20Report.dot Bridge Fabrication Report]<br /> <br /> *[https://epg.modot.org/forms/CM/Change%20Order.XLS Change Order]<br /> <br /> *[https://epg.modot.org/forms/CM/Job_Site_Bulletin_Board_Checklist_fillable.pdf Checklist of the jobsite posters]<br /> <br /> *[https://epg.modot.org/forms/CM/CUF_Determination_Form.pdf Commercially Useful Function (CUF) Determination Form]<br /> <br /> *[https://epg.modot.org/forms/CM/CUF_Determination_Form_Contracts_Let_After_03_2021.pdf Commercially Useful Function (CUF) Determination Form (for contracts let after March 2021)]<br /> <br /> *[https://epg.modot.org/forms/CM/Compressive%20Strength%20for%20Forney.xls Compressive Strength for Forney]<br /> <br /> *[https://epg.modot.org/forms/CM/Concrete%20Daily%20Inspection%20Report%20C-681.xls Concrete Daily Inspection Report, C-681]<br /> <br /> *[https://epg.modot.org/forms/CM/Concrete_Cylinder_Sample_Sent_to_Central_Lab.doc Concrete Cylinder Sample Sent to Central Lab]<br /> <br /> *[https://epg.modot.org/forms/CM/CIW_Mainline_Paving.xls Concrete Inspection Worksheet – Mainline QC/QA Paving]<br /> <br /> *[https://epg.modot.org/forms/CM/Concrete_Roadway_Report.pdf Concrete Roadway Report]<br /> <br /> *[https://epg.modot.org/forms/CM/Contingent_Item_Price_Check.pdf Contingent Item Price Check]<br /> <br /> *[https://epg.modot.org/forms/CM/Contractor_Performance_Evaluation_Letter.pdf Contractor Performance Evaluation Letter]<br /> <br /> *[https://epg.modot.org/forms/CM/Contractor_Performance_Evaluation_Signature_Page.pdf Contractor Performance Evaluation Signature Page]<br /> <br /> *[https://epg.modot.org/forms/CM/C9_Daily_Utility_Report.pdf Daily Utility Report (C-9)]<br /> <br /> *[https://epg.modot.org/forms/CM/Dimensions%20To%20Tons%20Converter.xlsx Dimensions To Tons Converter]<br /> <br /> *[https://epg.modot.org/forms/CM/Documentation_Record.pdf Documentation Record]<br /> <br /> *[https://epg.modot.org/forms/CM/EEO_Checklist.pdf EEO Checklist]<br /> <br /> *[https://epg.modot.org/forms/CM/Fence_Removal_Notice.pdf Fence Removal Notice]<br /> <br /> *[http://ghdcogwp001/c10.2.2/cgi-bin/cognosisapi.dll?b_action=cognosViewer&amp;ui.action=run&amp;ui.object=%2fcontent%2ffolder%5b%40name%3d%27AASHTOWARE%27%5d%2ffolder%5b%40name%3d%27Headquarters%27%5d%2ffolder%5b%40name%3d%27Contract%20-%20Administration%27%5d%2freport%5b%40name%3d%27C239_Final_Acceptance_Report_AWP%27%5d&amp;ui.name=C239_Final_Acceptance_Report_AWP&amp;run.outputFormat=PDF&amp;run.prompt=true Final Acceptance Report (C-239), Cognos Report]<br /> <br /> *[https://epg.modot.org/forms/CM/Final_Acceptance_C_239.pdf Final Acceptance Report (C-239), pdf version]<br /> <br /> *[https://epg.modot.org/forms/CM/Final_Plans_Certification.pdf Final Plans Certification]<br /> <br /> *[https://epg.modot.org/forms/CM/Final_Plans_Checklist.pdf Final Plans Checklist]<br /> <br /> *[https://epg.modot.org/forms/CM/KC_Final_Plans_Memo.pdf Final Plans Memo]<br /> <br /> *[https://epg.modot.org/forms/CM/C13_Final_Utility_Report.pdf Final Utility Report (C-13)]<br /> <br /> *[https://epg.modot.org/forms/CM/Force_Account_Spreadsheet.xlsx Force Account Spreadsheet]<br /> <br /> *[https://epg.modot.org/forms/CM/Form%20M-45%20Bitumin%20Distributor%20Calibration.doc Form M-45 Bitumin Distributor Calibration]<br /> <br /> *[https://epg.modot.org/forms/CM/Fuel_Adjustment_Calculation.xlsx Fuel Adjustment Calculation]<br /> <br /> *[https://epg.modot.org/forms/CM/Inspectors_Pay_Qty_Report_IPQR.pdf Inspectors Pay Qty Report (IPQR)]<br /> <br /> *[https://epg.modot.org/forms/CM/Internal_MoDOT_Product_Form.pdf Internal MoDOT Product Form]<br /> <br /> *[https://epg.modot.org/forms/CM/IRI_Inertial_Profiler_Report_with_Bonus.xlsm IRI Inertial Profiler Report with Bonus]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_2020_Asphalt_Pavement_Repair.xlsm JOC 2020 Asphalt Pavement Repair]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_2021_Asphalt_Pavement_Repair.xlsm JOC 2021 Asphalt Pavement Repair]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_2022_Asphalt_Pavement_Repair.xlsm JOC 2022 Asphalt Pavement Repair]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_2021_Bridge_Repair_Spreadsheet.xlsm JOC 2021 Bridge Repair Spreadsheet]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_2022_Bridge_Repair_Spreadsheet.xlsm JOC 2022 Bridge Repair Spreadsheet]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_2021_Concrete_Pavement_Repair.xlsm JOC 2021 Concrete Pavement Repair]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_2022_Concrete_Pavement_Repair.xlsm JOC 2022 Concrete Pavement Repair]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_2022_Fence_Repair_Spreadsheet.xlsm JOC 2022 Fence Repair Spreadsheet]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_2020_Rail_Cable_Fence_Spreadsheet.xlsm JOC 2020 Rail Cable Fence Spreadsheet]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_2021_Rail_Cable_Fence_Spreadsheet.xlsm JOC 2021 Rail Cable Fence Spreadsheet]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_2022_Rail_Cable_Repair_Spreadsheet.xlsm JOC 2022 Rail Cable Fence Spreadsheet]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_Lighting_Repair.xlsx JOC Lighting Repair]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_Microsurfacing_Spreadsheet.xlsx JOC Microsurfacing Spreadsheet]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_Signal_and_Lighting_Repair.xlsm JOC Signal and Lighting Repair]<br /> <br /> *[https://epg.modot.org/forms/CM/KC_Milestone_Memo.pdf Milestone Memo]<br /> <br /> *[https://epg.modot.org/forms/CM/Milestone_Worksheet.pdf Milestone Worksheet]<br /> <br /> *[https://epg.modot.org/forms/CM/Mobile_Mixer_Calibration.xlsx Mobile Mixer Calibration]<br /> <br /> *[[media:101 Mobile Mixer Verification.pdf|Mobile Mixer Verification Sheet]]<br /> <br /> *[https://epg.modot.org/forms/CM/NCR_Non_Conformance_Report.pdf Nonconformance Report (NCR)]<br /> <br /> *[https://epg.modot.org/forms/CM/Nuclear_Density_C709ND.pdf Nuclear Density (C-709ND)]<br /> <br /> *[https://epg.modot.org/forms/CM/Nuclear_Density_of_Plastic_Portland_Cement_Concrete_C_710ND.pdf Nuclear Density of Plastic Portland Cement Concrete (C-710ND)]<br /> <br /> *[https://epg.modot.org/forms/CM/Order_Record.pdf Order Record (C-259)]<br /> <br /> *[https://epg.modot.org/forms/CM/Outlier%20Analysis.xls Outlier Analysis]<br /> <br /> *[https://epg.modot.org/forms/CM/Pavement_Type_Selection_Submittal.pdf Pavement Type Selection Submittal Information (PTS Submittal Form)]<br /> <br /> *[https://epg.modot.org/forms/CM/Payroll_Log.xltx Payroll Log Form]<br /> <br /> *[https://epg.modot.org/forms/CM/Pile%20Driving%20Chart2.xls Pile Driving Chart]<br /> <br /> *[https://epg.modot.org/forms/CM/Pile_Driving_Data.pdf Pile Driving Data]<br /> <br /> *[https://epg.modot.org/forms/CM/Pile_Driving_Data_PDA.pdf Pile Driving Data PDA]<br /> <br /> *[https://epg.modot.org/forms/CM/PODI_Bridge_Deck_Pour_Checklist.pdf PODI Bridge Deck Pour Checklist]<br /> <br /> *[https://epg.modot.org/forms/CM/Pore_Pressure_Report_Type_A.pdf Pore Pressure Report - Type A]<br /> <br /> *[https://epg.modot.org/forms/CM/Pore_Pressure_Report_Type_B.pdf Pore Pressure Report - Type B]<br /> <br /> &lt;div id=&quot;PreCon Letter - Federal No Trainees&quot;&gt;&lt;/div&gt;<br /> *[https://epg.modot.org/forms/CM/PreCon_Letter_Federal.pdf PreCon Letter - Federal]<br /> <br /> *[https://epg.modot.org/forms/CM/PreCon_Letter_State.pdf PreCon Letter - State]<br /> <br /> *[https://epg.modot.org/forms/CM/Prestress_Deficiency_Report.pdf Prestress Deficiency Report (1029-01)]<br /> <br /> *[https://epg.modot.org/forms/CM/Price_Verification.xlsx Price Verification]<br /> <br /> *[https://epg.modot.org/forms/CM/Railroad_Crossing_Inspection.pdf Railroad Crossing Inspection]<br /> <br /> *[https://epg.modot.org/forms/CM/RE_Letterhead.pdf RE Letterhead]<br /> <br /> *[https://epg.modot.org/forms/CM/RE_Letterhead.docx RE Letterhead – Word Format]<br /> <br /> * [http://epg.modot.mo.gov/forms/CM/Job_Site_Bulletin_Board_Checklist_fillable.pdf Report of On-Site Bulletin Board Inspection (Job Site Bulletin Board Checklist)]<br /> <br /> *[https://epg.modot.org/forms/CM/Retroreflectivity_Payment_Adjustment.xlsm Retroreflectivity Payment Adjustment]<br /> <br /> *[https://epg.modot.org/forms/CM/Retroreflectometer_Request.xlsm Retroreflectometer Request]<br /> <br /> *[https://epg.modot.org/forms/CM/RM_Aggregate_Scale_Calibration_200.dotx RM Aggregate Scale Calibration - 200]<br /> <br /> *[https://epg.modot.org/forms/CM/RM_Aggregate_Scale_Calibration_300.dotx RM Aggregate Scale Calibration - 300]<br /> <br /> *[https://epg.modot.org/forms/CM/RM_Aggregate_Scale_Calibration_350.dotx RM Aggregate Scale Calibration - 350]<br /> <br /> *[https://epg.modot.org/forms/CM/RM_Air_Dispenser_Calibration.dotx RM Air Dispenser Calibration]<br /> <br /> *[https://epg.modot.org/forms/CM/RM_Cement_Scale_Calibration_150.dotx RM Cement Scale Calibration - 150]<br /> <br /> *[https://epg.modot.org/forms/CM/RM_Cement_Scale_Calibration_175.dotx RM Cement Scale Calibration - 175]<br /> <br /> *[https://epg.modot.org/forms/CM/RM_Cement_Scale_Calibration_200.dotx RM Cement Scale Calibration - 200]<br /> <br /> *[https://epg.modot.org/forms/CM/RM_Concrete_Systems_Form.dotx RM Concrete Systems Form]<br /> <br /> *[https://epg.modot.org/forms/CM/RM_Equipment_Calibrated_and_Verified_Form.dotx RM Equipment Calibrated and Verified Form]<br /> <br /> *[https://epg.modot.org/forms/CM/RM_Truck_Mixer_Information_Form.dotx RM Truck Mixer Information Form]<br /> <br /> *[https://epg.modot.org/forms/CM/RM_Water_Calibration.dotx RM Water Calibration]<br /> <br /> *[https://epg.modot.org/forms/CM/RoCap_Test_Form_Long_Bolts.pdf RoCap Test Form - Long Bolts]<br /> <br /> *[https://epg.modot.org/forms/CM/RoCap_Test_Form_Short_Bolts.pdf RoCap Test Form - Short Bolts]<br /> <br /> *[https://epg.modot.org/forms/CM/Semi_Annual_Labor_Compliance_Report.dotx Semi-annual Labor Compliance Report]<br /> <br /> *[https://epg.modot.org/forms/CM/Semi_Final_Inspection_C_236.pdf Semi-Final Inspection (C-236)]<br /> <br /> *[[media:101 Contractor Payment Schedule 2022.pdf|Contractor Payment Schedule]]<br /> <br /> *[https://epg.modot.org/forms/CM/Standard%20Compaction%20Test%20Blank.xls Standard Compaction Test Blank]<br /> <br /> *[https://epg.modot.org/forms/CM/Survey%20Calculator.xlsx Survey Calculator]<br /> <br /> *[https://epg.modot.org/forms/CM/Tank%20Capacity%202.0.xls Tank Capacity]<br /> &lt;div id=&quot;Wage Interview&quot;&gt;&lt;/div&gt;<br /> *[https://epg.modot.org/forms/CM/CR1_Wage_Rate_Interview.pdf Wage Interview (Form CR-1)]<br /> <br /> *[http://sharepoint/systemdelivery/TR/mo/travinfoitsworkzonemanagment/workzones/Shared%20Documents/Inspections/WorkZone_Inspection-form%202014.pdf Work Zone Inspection Form]<br /> <br /> ===Forms for Contractor Use ===<br /> ====Construction and Contractor Related====<br /> <br /> :* [https://epg.modot.org/forms/CM/Blank_2AA_Sheet.pdf 2AA Sheet – Blank]<br /> <br /> :* [https://epg.modot.org/forms/CM/Example_2AA_Sheet.pdf 2AA Sheet – Example]<br /> <br /> :* [https://epg.modot.org/forms/CM/Affidavit_for_Compliance_with_Prevailing_Wage.pdf Affidavit for Compliance with Prevailing Wage Law]<br /> <br /> :* [https://epg.modot.org/forms/CM/Contractors_Affidavit_C-242.pdf Contractor's Affidavit Regarding Settlement of Claims (C-242)]<br /> <br /> :* [https://epg.modot.org/forms/CM/Contractors_Affidavit_C-242_With_Exceptions.pdf Contractor's Affidavit Regarding Settlement of Claims (C-242) with Exceptions]<br /> <br /> :* [https://epg.modot.org/forms/CM/Contractor_Questionnaire.pdf Contractor Questionnaire] (to bid contracts less than $2,000,000)<br /> <br /> :* [https://epg.modot.org/forms/CM/DBE_Contractor_Project_Trucker_Equipment_List_Form.pdf DBE Contractor Project Trucker Equipment List Form]<br /> <br /> :* [https://epg.modot.org/forms/CM/DBE_Contractor_Subcontractor_Project_Trucker_Form_Instructions.pdf DBE Contractor Subcontractor Project Trucker Form Instructions]<br /> <br /> :* [[media:101 DBE Identification Submittal Form.pdf|DBE Identification Submittal Form]]<br /> <br /> :* [https://epg.modot.org/forms/CM/DBE_Substitution_Form.pdf DBE Substitution Form]<br /> <br /> :* [https://epg.modot.org/forms/CM/Digital_Signature_for_Adobe_Reader_DC_or_Pro_DC.docx Digital Signatures Adobe DC Reader/Pro QRG]<br /> <br /> :* [https://epg.modot.org/forms/CM/Lead_Abatement_MODOT_Contractor_Informational_Packet.pdf Lead Abatement MoDOT Contractor Informational Packet]<br /> <br /> :* [https://epg.modot.org/forms/CM/Lead_Abatement_MODOT_FA_Project_Notification.pdf Lead Abatement MoDOT FA Project Notification]<br /> <br /> :* [https://epg.modot.org/forms/CM/Lead_Abatement_MODOT_Project_Notification.pdf Lead Abatement MoDOT Project Notification]<br /> <br /> :* [https://epg.modot.org/forms/CM/Lead_Abatement_MODOT_Project_Re_Notification.pdf Lead Abatement MoDOT Project Re-Notification]<br /> <br /> :* [https://epg.modot.org/forms/CM/Lead_Abatement_Program_Contact_Info.pdf Lead Abatement Program Contact Info] <br /> <br /> :* [http://eprojects/Templates/MODOT_Workforce_JSP_Cummulative_Workforce_Hours_Report.xlsx MoDOT Workforce JSP Cumulative Workforce Hours Report]<br /> <br /> :* [https://epg.modot.org/forms/CM/MoDOT_Workforce_Pre_Construction_Diversity_Plan_Report.xlsx MoDOT Workforce Pre-Construction Diversity Plan Report]<br /> <br /> :* [https://epg.modot.org/forms/CM/OJT_1_Trainee_Notification.pdf OJT-1, Trainee Notification]<br /> <br /> :* [https://epg.modot.org/forms/CM/OJT_2_Contractor_Monthly_Trainee_Report.pdf OJT-2, Contractor Monthly Trainee Report]<br /> <br /> :* [https://epg.modot.org/forms/CM/OJT_3_Training_Completion.pdf OJT-3, Training Completion]<br /> <br /> :* [https://epg.modot.org/forms/CM/OJT_4_Trainee_Contact.pdf OJT-4, Trainee Contact]<br /> <br /> :* [https://epg.modot.org/forms/CM/OJT_5_Discrimination_Complaint.pdf OJT-5, Discrimination Complaint]<br /> <br /> :* [https://epg.modot.org/forms/CM/OJT_6_Final_Trainee_Summary.pdf OJT-6, Training Summary] <br /> <br /> :* [https://epg.modot.org/forms/CM/Prequalification_Questionnaire.pdf Prequalification Contractor Questionnaire] (to bid a contract of any size)<br /> <br /> :* [https://epg.modot.org/forms/CM/Request_to_Subcontract_C_220.pdf Request to Subcontract Work (C-220)]<br /> <br /> :* [https://epg.modot.org/forms/CM/Request_to_Subcontract_C_220_Excel.xlsm Request to Subcontract Work (C-220), Excel]<br /> <br /> :* [https://epg.modot.org/forms/CM/Subcontractor_Certification_Regarding_Affirmative_Action.pdf Subcontractor Certification Regarding Affirmative Action]<br /> <br /> :* [https://epg.modot.org/forms/CM/Tension_Log_Form.xlsx Tension Log Form] <br /> <br /> :* [https://epg.modot.org/forms/CM/Value_Engineering_Proposal_C_104.pdf Value Engineering Change Proposal (C-104)]<br /> <br /> :* [https://epg.modot.org/forms/CM/Wage_Flow_Chart_for_Federal_Jobs.pdf Wage Flowchart for Federal Jobs – Precon]<br /> <br /> :* [https://epg.modot.org/forms/CM/Wage_Flow_Chart_for_State_Jobs.pdf Wage Flowchart for State Jobs – Precon]<br /> <br /> :* [https://epg.modot.org/forms/CM/Waste_Disposal_Agreement.pdf Waste Disposal Agreement]<br /> <br /> ====Materials Related====<br /> :*[https://epg.modot.org/forms/CM/AsphPlantInspCumulative.xls Asphalt Inspection Worksheet Cumulative Gradation]<br /> <br /> :*[https://epg.modot.org/forms/CM/AsphPlantInspNonCumulative.xls Asphalt Inspection Worksheet Non-Cumulative Gradation]<br /> <br /> :*[https://epg.modot.org/forms/CM/PipeShippingReportForm2.pdf CMP, RCP, Precast Drainage Units and Precast Box Culvert Shipping Report Form]<br /> <br /> :*[https://epg.modot.org/forms/CM/Concrete%20Mix%20Design%20Submittal%20Form.xls Concrete Mix Design Submittal Form]<br /> <br /> :*[https://epg.modot.org/forms/CM/Missouri%20CoreLok%20Aggregate%20Workbook.xls CoreLok Aggregate Workbook]<br /> <br /> :*[https://epg.modot.org/forms/CM/GS013F2.pdf Fabricator’s PAL Receival Form]<br /> <br /> :*[https://www.modot.org/traffic New Product Evaluation Form]<br /> <br /> :*[https://epg.modot.org/forms/CM/GS013F4.pdf PAL Program Inclusion Certifications and Guarantee Statement]<br /> <br /> :*[https://epg.modot.org/forms/CM/Producer_Supplier_List.pdf Producer/Supplier List]<br /> <br /> :*[https://epg.modot.org/forms/CM/PipeShippingReportForm_Thermoplastic.pdf PVC &amp; HDPE Pipe Shipping Report Form]<br /> <br /> :*[https://epg.modot.org/forms/CM/Request_to_Transfer_Inspected_Matl.pdf Request for Transfer of Inspected Materials]<br /> <br /> :*[https://epg.modot.org/forms/CM/GS013F3.pdf Shipper’s PAL Transmittal Form]<br /> <br /> ====Posters, Federal Aid====<br /> <br /> Please refer to [https://epg.modot.org/index.php?title=Category:110_State_and_Federal_Wage_Rates_and_Other_Requirements#Required_Notices_and_Posters EPG 110.2 Federal-Aid Projects, Required Notices and Posters].<br /> <br /> ====Posters, State Aid====<br /> <br /> Please refer to [https://epg.modot.org/index.php?title=Category:110_State_and_Federal_Wage_Rates_and_Other_Requirements#Required_Notices_and_Posters EPG 110.2 Federal-Aid Projects, Required Notices and Posters].<br /> <br /> ====Utility or Right of Way Related==== <br /> <br /> :*[http://www.modot.mo.gov/asp/intentToWork.shtml Notice of Intent to Perform Work Process]<br /> <br /> :*[https://www6.modot.mo.gov/ElectronicPermitting/ElectronicPermitting.html# Permit for Work on Right of Way]<br /> <br /> ===Quick Reference Guides (QRGs)===<br /> ====AASHTOWare Project Quick Reference Guides (QRGs)==== <br /> <br /> :'''[https://epg.modot.org/forms/CM/AWP_QRG_Revision_Dates.xlsx AWP QRG Revision Dates]'''<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CM_AASHTOWARE_Project_Terminology.docx AWP CM AASHTOWARE Project Terminology]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CM_Certified_Testers.doc AWP CM Certified Testers]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CM_Filters.doc AWP CM Filters]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CM_Test_Equipment.doc AWP CM Test Equipment]<br /> &lt;div id=&quot;Change Order Overview&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_1ChangeOrderOverview.doc AWP CO 1 Change Order Overview]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_2ChangeOrderAddingNewItemorOverrunUnderrunExisting.doc AWP CO 2 Change Order Adding New Item or Overrun/Underrun of Existing Items]<br /> &lt;div id=&quot;AWP CO 3&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_3ChangeOrderTimeExtension.doc AWP CO 3 Change Order Time Extension]<br /> &lt;div id=&quot;AWP CO 4&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_4ChangeOrderValueEngineering.doc AWP CO 4 Change Order Value Engineering]<br /> &lt;div id=&quot;AWP CO 5&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_5ChangeOrderNoCostContractModification.doc AWP CO 5 Change Order, No Cost Contract Modification]<br /> &lt;div id=&quot;AWP CO 6&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_6ChangeOrderMobilizationAndContractBond.doc AWP CO 6 Change Order, Mobilization and Contract Bond]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_7ChangeOrderApproval.doc AWP CO 7 Change Order Approval]<br /> &lt;div id=&quot;Change Order Codes&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Change_Order_Codes.doc AWP CO Change Order Codes]<br /> &lt;div id=&quot;Change Order Reports&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Change_Order_Reports.doc AWP CO Change Order Reports]<br /> &lt;div id=&quot;CO Commercially Useful&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_CUF_Entry.doc AWP CO Commercially Useful Function (CUF) Review Date Entry]<br /> <br /> :*[[media:146 CUF After Mar 2021.pdf|Commercially Useful Function (CUF) Determination Form (for contracts awarded after March 2021)]]<br /> &lt;div id=&quot;CO Construction Stockpiles&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Construction_Stockpiles.doc AWP CO Construction Stockpiles]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Contract_Payment_Estimate_Exception_Override.doc AWP CO Contract Payment Estimate Exception Override]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_ContractVendorAssets.doc AWP CO Contract Vendor Assets]<br /> &lt;div id=&quot;CO Contract Adjustments&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Contract_Adjustments.doc AWP CO Contract Adjustments]<br /> &lt;div id=&quot;CO Contract Times&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Contract_Times.doc AWP CO Contract Times]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_DailyDiary.doc AWP CO Daily Diary]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_DailyDiaryAdjustments.doc AWP CO Daily Diary Adjustments]<br /> &lt;div id=&quot;Daily Work Report&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_DailyWorkReport.doc AWP CO Daily Work Report]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_DailyWorkReport_Deleting_Postings_and_Acceptance_Records.doc AWP CO Daily Work Report, Deleting DWR Postings and Acceptance Records]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Disposition_Remarks_PAL_Material.doc AWP CO Disposition Remarks for PAL Material]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Documentation_Records.docx AWP CO Documentation Records]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_EmergencyContacts.doc AWP CO Emergency Contacts]<br /> &lt;div id=&quot;AWP CO Estimate&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Estimate.doc AWP CO Estimate]<br /> &lt;div id=&quot;AWP CO Estimate Final&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Estimate_Final.doc AWP CO Estimate Final]<br /> &lt;div id=&quot;AWP CO Item Adjustments&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Item_Adjustments.doc AWP CO Item Adjustments]<br /> &lt;div id=&quot;CO Milestones&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Milestones.doc AWP CO Milestones]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Signal_Maintenance.doc AWP CO Signal Maintenance]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Change_Order_Reason_Codes_for_SL_Time_Extension_Change_Orders.doc AWP CO SL District Reason Codes for Time Extension Change Orders]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Subcontract.doc AWP CO Subcontract]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_Adding_Contract_Lines_For_Acceptance_Actions.doc AWP MA Adding Contract Lines For Acceptance Actions]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_Adding_Concrete_Mix_Design.doc AWP MA Adding New Concrete Mix Design]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_Associating_Material_To_Source.docx AWP MA Associating Material to Source]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_Checking_For_UnAuthorized_Sample_Records.doc AWP MA Checking For Unauthorized Sample Records]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_DEC_Sample_Record.docx AWP MA DEC Sample Record]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_EditingContractAcceptanceActionsAndActionRelationships.doc AWP MA Editing Contract Acceptance Actions and Action Relationships]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_Generating_Contract_SampleChecklist.doc AWP MA Generating Contract Sample Checklist]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_IAS_Lab_Audit.doc AWP MA I.A.S. Lab Audit]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_PAL_Plant_Inspection_Record.doc AWP MA PAL Plant Inspection Record]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_ReGenerating_Contract_Lines_For_Original_Materials_And_Acceptance_Actions.doc AWP MA Regenerating Contract Lines for Original Materials and Acceptance Actions]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_Sample_Record_Acceptance_By_Certification.docx AWP MA Sample Record Acceptance By Certification]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_Sample_Record_Changing_Material_Code_Source_or_SampleType.docx AWP MA Sample Record Changing Material Code Source or Sample Type]<br /> &lt;div id=&quot;Sample Record, General&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_MA_Sample_Record_General.docx AWP MA Sample Record, General]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_Sample_Record_General_IAS_Audit_Record.docx AWP MA Sample Record, General IAS Audit Record]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_Sampling_and_Testing_Status_Report.docx AWP MA Sampling and Testing Status Report]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_UsingFindSample.docx AWP MA Using the Find Sample Function]<br /> <br /> ====Storm Water Database Quick Reference Guides (QRGs)====<br /> <br /> :* [[media:101 How to Fill Out Land Disturbance Inspection Record.pdf|How to Fill Out Land Disturbance Inspection Record]]<br /> <br /> :* [[media:101 Land Disturbance Deficiencies QRG 2019.pdf|Land Disturbance Deficiencies]]<br /> <br /> :* [[media:101 Land Disturbance Storm Water Database Closeout Procedure QRG 2020.pdf|Land Disturbance Storm Water Database Closeout Procedure]]<br /> <br /> :* [[media:101 Land Disturbance Storm Water Database Initial Setup for Construction Projects 2020.pdf|Land Disturbance Storm Water Database Initial Setup for Construction Projects]]<br /> <br /> :* [[media:101 Land Disturbance Storm Water Database Initial Setup for Maintenance Projects QRG 2020.pdf|Land Disturbance Storm Water Database Initial Setup for Maintenance Projects]]<br /> <br /> :* [[media:101 Land Disturbance Storm Water Database 7 Day Reviews QRG.pdf|Land Disturbance Storm Water Database 7-Day Reviews]]<br /> <br /> :* [[media:101 Storm Water Land Disturbance Erosion Reporting QRG Dec 2020.pdf|Storm Water Land Disturbance Erosion Reporting]]<br /> <br /> ==Design==<br /> {|style=&quot;padding: 0.3em; margin-left:15px; border:1px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;160px&quot; align=&quot;right&quot; <br /> |- <br /> |'''[http://www.modot.org/business/standards_and_specs/d-sheets.htm Microstation D-Sheets]'''<br /> |-<br /> |'''Signing'''<br /> |-<br /> |[https://epg.modot.org/forms/DE%202017%20Forms/DELiaison/D-28.doc D-28], D-29 through D-34<br /> |-<br /> |'''Signals'''<br /> |-<br /> |D-37A through D-37d, D-38 through D-38e<br /> |-<br /> |'''Typical Sections'''<br /> |-<br /> |D-49 through D-70 <br /> |-<br /> |'''Miscellaneous'''<br /> |-<br /> |D-71<br /> |}<br /> ===Bridge===<br /> *[[media:101 404 Permit.dotx|404 Permits]]<br /> <br /> *[[media:747 Bridge Survey Checklist.xlsx|Bridge Survey Checklist]]<br /> <br /> *[[media:747 Bridge Survey Location Request Dec 2019.docx|Bridge Survey Location Request]]<br /> <br /> *[[media:747 Bridge Survey Report.docx| Bridge Survey Report Form]]<br /> <br /> *[[media:751.1.3.2_Structural_Rehabilitation_Checklist.xlsm|Structural Rehabilitation Checklist (Excel)]]<br /> <br /> *[[media:131.1 Vertical Clearance Coord Form Jul 2018.pdf|Vertical Clearance Design Exception Coordination with SDDCTEA]]<br /> <br /> ===Checklist===<br /> *[[media:124.2.4 Design Progress Check list.docx|Design Progress Check List]]<br /> <br /> *[[media:D-12_May_2022.pdf|District Final Design Checklist - D-12]]<br /> <br /> *[[media:124.2.4 Check List for Preliminary Plans.docx|Preliminary Plans Check List]]<br /> <br /> *[[media:124.2.4 Project Reviewing Checklist.docx|Project Reviewing Checklist]]<br /> <br /> *[[media:124.2.4 Check List for RW Plans.docx|Right of Way Check List]]<br /> <br /> ===Contracts===<br /> *[[media:District_Award.dotx|District Award]]<br /> <br /> *[http://www.modot.org/business/standards_and_specs/documents/ComputerDeliverableContractPlans.pdf Computer Deliverable Contract Plans 2005]<br /> <br /> *[https://epg.modot.org/forms/DE%202017%20Forms/BiddingContract/DE11_Municipal_Agreement.doc DE11]<br /> <br /> *[[media:Sample_Scope_of_Services_-_Location_and_Environment.dotx|Sample Scope of Services - Location and Environment]]<br /> <br /> *[[media:Sample_Scope_of_Services_Design.dotx|Sample Scope of Services Design]]<br /> <br /> ===Design Forms===<br /> *[[media:3R_Conceptual_Study_Report.dotx|3R Conceptual Study Report]]<br /> <br /> *[[media:4R_Conceptual_Study_Report.dotx|4R Pavement Rehabilitation Analysis Data and Conceptual Study Report]]<br /> <br /> *[[media:Commission_Backup_Form_Blank.dotx|Commission Backup Form Blank]]<br /> <br /> *[[media:Commission_Backup_Form_Instructions.dotx|Commission Backup Form Instructions]]<br /> <br /> *[[media:Conceptual Study Report.dotx|Conceptual Study Report]]<br /> <br /> *[[media:134.2.2.5.1 May 2017.doc|Consultant Rating Form]]<br /> <br /> *[https://epg.modot.org/forms/DE%202017%20Forms/DELiaison/D-28.doc D-28 Sign Design Order Form]<br /> <br /> *[[media:131.1 Design Exception 2020.docx|Design Exception Information]]<br /> <br /> *[[media:Equipment_and_Materials_List.dotx|Equipment and Materials List]]<br /> <br /> *[https://epg.modot.org/forms/DE/SWPPP_Project_Specific_Form_806.8.2.pdf Form 806.8.2, Project-Specific SWPPP Information]<br /> <br /> *[[media:Form D21 2018.pdf|Highway Lighting Warrants D21]]<br /> <br /> *[[media:Location Study Report.dotx|Location Study Report]]<br /> <br /> * [[media:M-40 2013.docx|M-40 Request for Drilling Services]]<br /> <br /> *[[media:Pavement_Distress_Log_Form_-_Asphalt_-_11x17.dotx|Pavement Distress Log Form - Asphalt - 11x17]]<br /> <br /> *[[media:Pavement_Distress_Log_Form_-_Concrete_11x17.dotx|Pavement Distress Log Form - Concrete 11x17]]<br /> <br /> *[[media:Pavement_Repair_Log.dotx|Pavement Repair Log]]<br /> <br /> *[[media:Preliminary_Plans_Proposal_Review.dotx|Preliminary Plans Proposal Review]]<br /> <br /> *[[media:Project_Data_for_BAMS.dotx|Project Data for BAMS]]<br /> <br /> *[[media:Project Initialization Estimate Form.dotx|Project Initialization Estimate Form]]<br /> <br /> *[https://spexternal.modot.mo.gov/sites/de/_layouts/15/WopiFrame.aspx?sourcedoc=%7bC825A659-7DD3-4CF3-8F3D-284E3BFF6E39%7d&amp;file=JSP-Formatting-Guide.doc&amp;action=default Roadway Job Special Provision Formatting Guide]<br /> <br /> *[https://spexternal.modot.mo.gov/sites/de/_layouts/15/WopiFrame.aspx?sourcedoc=%7b01675DEF-ADDD-465C-AF8F-868B9CF5DBE2%7d&amp;file=Roadway%20JSP%20Instructions.docx&amp;action=default Roadway Job Special Provision Instructions]<br /> <br /> *[https://spexternal.modot.mo.gov/sites/de/_layouts/15/WopiFrame.aspx?sourcedoc={5D551D7A-2FA3-4777-BB7E-829D7D83CA92}&amp;file=Roadway_JSP_Template.doc&amp;action=default Roadway Job Special Provision Template]<br /> <br /> *[[media:134.2.2.2 2019.docx|Submittal to Professional Services Committee]]<br /> <br /> *[[media:Suggested_Revision_to_a_CADD_Standard.dotx|Suggested Revision to a CADD Standard]]<br /> <br /> *[[media:Test-Cultural_Resource_Assessment_Letter.dotx|Test-Cultural Resource Assessment Letter]]<br /> <br /> *[[media:Traffic_Signal_Warrants,_Form_D22.dotx|Traffic Signal Warrants, Form D22]]<br /> <br /> *[[media:Utility_Print_Submittal_Letter.dotx|Utility Print Submittal Letter]]<br /> <br /> *[[media:Utility_Print_Submittal_Letter_Revised_Plans.dotx|Utility Print Submittal Letter, Revised Plans]]<br /> <br /> *[[media:124_Work_Day_Study_a.dotx|Work Day Study]]<br /> <br /> ===[https://epg.modot.org/index.php?title=Category:134_Engineering_Professional_Services#134.1.3_Consultant_Qualification Engineering Professional Services]===<br /> <br /> ===Environmental and Cultural===<br /> *[[media:127.14 Categorical Exclusion Determination 2021.docx|Categorical Exclusion Form]]<br /> <br /> *[[media: 127.11 Farmland Conversion Impact Rating Corridor.pdf|Farmland Conversion Impact Rating (Corridor)]]<br /> <br /> *[[media: 127.11 Farmland Conversion Impact Rating Site.pdf| Farmland Conversion Impact Rating (Site)]]<br /> <br /> *[https://www6.modot.mo.gov/EnvironmentalRequest/Pages/Login.aspx Request for Environmental Services (RES) Form]<br /> <br /> *[[media:127.1 Instructions 2021.pdf|Instructions for the RES Form]]<br /> <br /> ===Materials===<br /> <br /> *[[media:101_Request_for_Asphalt_Cement_%_Grade.dotx|Request for Asphalt Cement % Grade]]<br /> <br /> *[[media:101_Soil_Info_Request.dotx|Soil Info Request]]<br /> <br /> *[[media:101_Soil_Survey_Request.dotx|Soil Survey Request]]<br /> <br /> ===Planning===<br /> *[[media:101_ARAN_Report_Request.dotx|ARAN Report Request]]<br /> <br /> *[[media:101_Conceptual_Study_Traffic_Count_Request.dotx|Conceptual Study Traffic Count Request]]<br /> <br /> *[[media:101_Fis_Formc.dotx|Fis Formc]]<br /> <br /> *[https://modotgov.sharepoint.com/sites/tp/Shared%20Documents/Forms/AllItems.aspx?csf=1&amp;web=1&amp;e=SHzTNK%2F&amp;FolderCTID=0x012000DD605E2170F8084F9DE64F06975E86E0&amp;id=%2Fsites%2Ftp%2FShared%20Documents%2FTraffic%20Collection%2FExecutiveFiles%2FRoad%20User%20Costs%20Request%20Form%2Epdf&amp;parent=%2Fsites%2Ftp%2FShared%20Documents%2FTraffic%20Collection%2FExecutiveFiles Road User Costs Request Form]<br /> <br /> *[https://modotgov.sharepoint.com/sites/tp/Shared%20Documents/Forms/AllItems.aspx?csf=1&amp;web=1&amp;e=SHzTNK%2F&amp;FolderCTID=0x012000DD605E2170F8084F9DE64F06975E86E0&amp;id=%2Fsites%2Ftp%2FShared%20Documents%2FTraffic%20Collection%2FExecutiveFiles%2FTraffic%20Forecast%20Request%20Form%2Epdf&amp;parent=%2Fsites%2Ftp%2FShared%20Documents%2FTraffic%20Collection%2FExecutiveFiles Traffic Forecast Request Form]<br /> <br /> *[[media:101_Turning_Movement_Traffic_Count_Request.dotx|Turning Movement Traffic Count Request]]<br /> <br /> ===Public Involvement===<br /> *[[media:101_Public_Hearing_Statement_Form.dotx|Public Hearing Statement Form]]<br /> *[https://epg.modot.org/forms/DE/Public%20Involvement/Sample%20Letter%20Advertising%20a%20Public%20Hearing.docx Sample Letter Advertising a Public Hearing]<br /> *[https://epg.modot.org/forms/DE/Public%20Involvement/Sample%20Notice%204f.docx Sample Notice 4F]<br /> *[https://epg.modot.org/forms/DE/Public%20Involvement/Sample%20Notice%20of%20Public%20Hearing.docx Sample Notice of Public Hearing]<br /> *[https://epg.modot.org/forms/DE/Public%20Involvement/Sample_Opportunity_for_Public_Hearing.doc Sample Opportunity for a Public Hearing/Meeting Notice]<br /> *[[media:129 Sample Public Involvement or Communication Plan.docx|Sample Public Involvement Plan or Communication Plan]] <br /> *[https://epg.modot.org/forms/DE/Public%20Involvement/SampleRequestforApprovelofLocationorDesigntoStateDesignEngineer.docx Sample Request for Approval of Location and/or Design of Highways to State Design Engineer]<br /> *[https://epg.modot.org/forms/DE/Public%20Involvement/SampleRequestforApprovelofLocationorDesigntotheCommission.docx Sample Request for Approval of Location to the Commission]<br /> *[https://epg.modot.org/forms/DE/Public%20Involvement/SampleTranscript.pdf Sample Transcript]<br /> <br /> ===Right of Way===<br /> *[http://eprojects/Templates/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Certification%20of%20Commission%20Form%20236.13.15.docx Certification Document]<br /> <br /> *[http://eprojects/Templates/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Letter%20of%20Certification%20RW%20Plans%20Approval%20Form%20236.13.docx Letter of Certification for Right of Way Plans Approval]<br /> <br /> *[http://eprojects/Templates/RW/Chapter%203_Administration/RW%20Cost%20Estimate%20Form%203.3.3B.docx Right of Way Cost Estimate] <br /> <br /> *[http://eprojects/Templates/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Right%20Way%20Plans%20Checklist%20Form%20236.13.7.docx Right of Way Plans Checklist]<br /> <br /> *[http://eprojects/Templates/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Sample%20Letter%20for%20Condemnation%20Amended%20Plans.docx Sample Letter for Condemnation (Amended Plans)]<br /> <br /> ===Scoping===<br /> *[[media:101_Bridge_Checklist.dotx|Bridge Checklist]]<br /> <br /> *[[media:101_Construction_and_Materials_Checklist.dotx|Construction and Materials Checklist]]<br /> <br /> *[https://epg.modot.org/forms/DE%202017%20Forms/DELiaison/104.6_Design_Checklist_Apr_26,_2012.doc Design Checklist]<br /> <br /> *[https://epg.modot.org/forms/DE%202017%20Forms/DELiaison/104.6_Design_Liaison_Checklist.doc Design Liaison Checklist]<br /> <br /> *[[media:101_FHWA_Checklist.dotx|FHWA Checklist]]<br /> <br /> *[[media:101_Maintenance_Checklist.dotx|Maintenance Checklist]]<br /> [[image:101 survey.jpg|right|150px]]<br /> <br /> *[[media:101_Planning_Checklist.dotx|Planning Checklist]]<br /> <br /> *[https://epg.modot.org/forms/DE%202017%20Forms/DELiaison/104.6_Project_Scoping_Checklist_Apr_26,_2012.doc Project Scoping Checklist]<br /> <br /> *[[media:101_Public_Information_and_Outreach_Checklist.dotx|Public Information and Outreach Checklist]]<br /> <br /> *[[media:101_Railroad_Checklist.dotx|Railroad Checklist]]<br /> <br /> *[[media:101_Right_of_Way_Checklist.dotx|Right of Way Checklist]]<br /> <br /> *[[media:101_Traffic_Checklist.dotx|Traffic Checklist]]<br /> <br /> *[[media:101_Utilities_Checklist.dotx|Utilities Checklist]]<br /> <br /> ===Survey===<br /> *[[media:747 Bridge Survey Location Request Dec 2019.docx|Bridge Survey Location Request]]<br /> <br /> *[https://epg.modot.org/forms/DE%202017%20Forms/CADD/238.2.18.2_Plat_Review_Checklist.pdf Form 238.2.18.2 Plat Review Checklist]<br /> <br /> *[https://epg.modot.org/forms/DE%202017%20Forms/CADD/238.2.17_Professional_Land_Surveyor_2013.doc Professional Land Surveyor Description Review Form]<br /> <br /> *[https://epg.modot.org/forms/DE%202017%20Forms/DELiaison/238.2_Sample_Letter_Notifying_Property_Owner_of_Survey.doc Sample Letter Notifying Property Owner of Survey]<br /> <br /> ==External Civil Rights==<br /> <br /> ===DBE===<br /> :*[https://epg.modot.org/forms/CM/CUF_Determination_Form.pdf Commercially Useful Function (CUF) Determination Form]<br /> <br /> :*[https://www.modot.org/media/26953 DBE and Non-DBE Subcontractor Report Form]<br /> <br /> :*[https://www.modot.org/media/245 DBE Contractor/Subcontractor Project Trucker and Equipment List]<br /> <br /> :*[https://epg.modot.org/files/5/57/101_DBE_Identification_Submittal_Form.pdf DBE Identification Submittal Form]<br /> <br /> :*[https://epg.modot.org/forms/CM/DBE_Substitution_Form.pdf DBE Substitution Form]<br /> <br /> ===OJT===<br /> :*[https://www.modot.org/media/14124 OJT-1, Trainee Notification]<br /> <br /> :*[https://www.modot.org/media/331 OJT-2, Contractor Monthly Trainee Report]<br /> <br /> :*[https://www.modot.org/media/14125 OJT-3, Trainee Completion Report] <br /> <br /> :*[https://www.modot.org/media/14126 OJT-4, Trainee Contact]<br /> <br /> :*[https://www.modot.org/media/332 OJT-5, Trainee Discrimination Complaint]<br /> <br /> :*[https://www.modot.org/media/12141 OJT-6, Training Summary]<br /> <br /> ===Workforce Diversity JSP===<br /> :*[[media:101 Contractor's Monthly New Employee Report.pdf|Contractor's Monthly New Employee Report]]<br /> <br /> :*[https://www.modot.org/media/12336 MoDOT Cumulative Workforce Hours Report (Workforce Monthly Report)]<br /> <br /> :*[https://www.modot.org/sites/default/files/documents/WF-1_New_Hire_Notification.pdf New Hire Notification]<br /> <br /> :*[[media:101 Sample Company Workforce Diversity Job Special Provision Action Plan.docx|Sample Company Workforce/Diversity Job Special Provision Action Plan]]<br /> <br /> :*[https://www.modot.org/media/12337 Workforce Pre-Construction Diversity Plan Report]<br /> <br /> ==Financial Services==<br /> *[[media:235 Agreements Checklist.doc|Agreements Checklist]]<br /> <br /> ==Highway Safety/Traffic==<br /> *[[media:902.5.8.3.1 checklist.xlsx|Statewide Signal/Lighting/Flasher Preventive Maintenance Checklist]]<br /> <br /> ==Maintenance==<br /> *[[media:127.29.9 FRCP.pdf|Facility Runoff Control Plans (FRCP)]]<br /> <br /> *[http://sharepoint/systemdelivery/TR/mo/travinfoitsworkzonemanagment/workzones/Shared%20Documents/Inspections/WorkZone_Inspection-form%202014.pdf Work Zone Inspection Form]<br /> <br /> ===Chip Seal Forms===<br /> *[http://wwwi/maintenance/Forms/App%20Adjust%20Form.pdf Application Adjustment Factor Form]<br /> *[http://wwwi/maintenance/Forms/Traffic%20Eval%20Factor.pdf Traffic Evaluation Factor (TEF) for Asphalt Application Adjustment]<br /> <br /> ===Bridge Maintenance===<br /> *[[media:101 Maintenance - blankinspreport.pdf|Blank Inspection Report]]<br /> *[[media:101 Maintenance - bridgemaintenancerepairreport.xls|Bridge Maintenance Repair Report (Excel)]]<br /> *[http://ghepg01/forms/BR/774_Cathodic_System_Evaluation.dotx Cathodic System Evaluation]<br /> *[[media:101 Maintenance - CIF - Written form.dot|CIF (Critical Inspection Finding)]]<br /> *[[media:101 Maintenance - Follow-up Action Required-Written form.doc|FAR (Follow-Up Action Required)]]<br /> *[[media:101 Maintenance - maintmatlusage.xls|Maintenance Material Usage (Excel)]]<br /> *[[media:101 Maintenance - Maintenance Recommendation Report.pdf|Maintenance Recommendation Report]]<br /> *[[media:101 Maintenance - paintdatareportformblank.xls|Paint Data Report (Excel)]]<br /> *[[media:101 Maintenance - Photo Log.xls|Photo Log Sheet (Excel)]]<br /> <br /> ===Snow &amp; Ice Control===<br /> *[[media:101 Maintenance - Snow and Ice Control Equipment Inventory.xls|Snow and Ice Control Equipment Inventory (Excel)]]<br /> *[[media:101 Maintenance - Chemical Requirements.xls|Chemical Requirements (Excel)]]<br /> *[[media:101 Maintenance - Salt Storage.xls|Salt Storage (Excel)]]<br /> <br /> ===Rest Areas===<br /> *[[media:101 Maintenance - Rest Area Truck Parking.xls|Rest Area Truck Parking (Excel)]]<br /> *[[media:101 Maintenance - REST AREA inspection_2005.doc|Rest Area Inspection]]<br /> <br /> ===Commuter Lots===<br /> *[[media:101 Maintenance - Commuter Lot Inspection Form.xls|Commuter Lot Inspection (Excel)]]<br /> *[[media:101 Maintenance - Commuter Lot Survey.pdf|Commuter Lot Survey]]<br /> <br /> ===Disasters===<br /> *[[media:101 Maintenance - DDIR.xls|Detailed Damage Inspection Report (Excel)]]<br /> *[[media:101 Maintenance - Non Federal Aid Route DDIR.xls|FEMA Detailed Damage Inspection Report (Excel)]]<br /> <br /> ===Performance Indicators===<br /> <br /> ===Pavement Management===<br /> <br /> ==Motor Carrier Services==<br /> *[https://www.modot.org/HazWaste Hazardous Waste Transport Forms]<br /> <br /> *[https://www.modot.org/HHGoods Household Goods Transport Forms, Tariff Information, ''Moving in Missouri'' brochure]<br /> <br /> *[https://www.modot.org/IFTA International Fuel Tax Agreement Forms]<br /> <br /> *[https://www.modot.org/IRP International Registration Plan Forms]<br /> <br /> *[https://www.modot.org/MOPA Missouri Operating Authority Forms]<br /> <br /> *[https://www.modot.org/OSOW Oversize Overweight Permitting Forms]<br /> <br /> *[https://www.modot.org/SC Missouri Intrastate Skill Performance Evaluation for Medical Exemption Forms]<br /> <br /> *[https://www.modot.org/WasteTire Waste Tire Transporter Forms]<br /> <br /> ==Planning==<br /> *[https://epg.modot.org/forms/MCS/MCS%20MoDOT%20Letterhead.dot MTFC Letterhead]<br /> <br /> ==Right of Way==<br /> *[https://epg.modot.org/forms/RW/RW%20Mortgage%20Analyzer.xlt RW Mortgage Analyzer (Excel)]<br /> ===General Information===<br /> ===Right of Way Organization and Personnel===<br /> ===Administration===<br /> <br /> *[https://epg.modot.org/forms/RW/Chapter%203_Administration/RW%20Cost%20Estimate%20Form%203.3.3B.docx Acquisition Complete Cost Estimate Worksheet_(Form 3-3_3B)]<br /> <br /> *[http://eprojects/Templates/RW/Chapter%203_Administration/Categorical%20Exclusion%20Review_Form%203-1_2.docx Categorical Exclusion Review_(Form 3-1_2)]<br /> <br /> *[https://epg.modot.org/forms/RW/Chapter%203_Administration/RW%20Cost%20Estimate%20Worksheet%20Form%203.3.3A.docx Right of Way Cost Estimate Worksheet_(Form 3-3_3A)]<br /> <br /> ===Description Writing and Titles===<br /> <br /> *[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&amp;%20Titles/Affidavit%20of%20Scriveners%20Error%20Form%204_6_4a.docx Affidavit of Scrivener's Error (Form 4-6.4a)]<br /> <br /> ===Property Management===<br /> <br /> *[http://eprojects/Templates/RW/Chapter%205_Property%20Management/Real%20Estate%20Risk%20Assessment%20Form.pdf Real Estate Risk Assessment Form]<br /> <br /> *[http://eprojects/Templates/RW/Chapter%205_Property%20Management/Realty%20Asset%20Sale%20Legal%20Opinion%20Memo.docx Realty Asset Sale Legal Opinion Memo]<br /> <br /> *[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Request%20for%20Excess%20Parcel%20Survey%20Form%20236.5.19a.docx Request for Excess Parcel Survey (Form 236.5.19a)]<br /> <br /> ===Appraisal and Appraisal Review===<br /> ===Negotiation===<br /> ===Relocation Assistance Program===<br /> <br /> *[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Advance%20Increased%20Interest%20Payment%20Agreement%20Form%20236.8.11.4.D.2.docx Advance Increased Interest Payment Agreement (Form 236.8.11.4(d)(2))]<br /> <br /> *[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Advance%20Replacement%20Housing%20and%20Increased%20Interest%20Pmt%20Agreement%20Form%20236.8.11.4.D.1.docx Advance Replacement Housing and Increased Interest Payment Agreement (Form 236.8.11.4(d)(1))]<br /> <br /> *[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20Residential%20Property%20Form%20236.8.9.3.E.1.docx Condemnation Agreement Residential Property (Form 236.8.9.3(e)(1))]<br /> <br /> *[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocation%20Report%20Form%20236.8.6.4.docx Relocation Report (Form 236.8.6.4)]<br /> <br /> *[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocatee%20Needs%20Questionnaire%20Form%20236.8.5.2.docx Relocatee Needs Questionnaire]<br /> <br /> ===Asbestos Abatement-Removal of Building Improvement===<br /> ===Right Of Way Condemnation===<br /> ===Mediation===<br /> ===Quality Assurance Reviews===<br /> ===Designing Right of Way Plans===<br /> ===Change in Route Status Report===<br /> ===Requests from Cities for Annexations===<br /> ===[[236.16 Outdoor Advertising#Failure to provide|Outdoor Advertising]]===<br /> <br /> ===Junkyards===<br /> <br /> * [[media:236.17 Application for License to Maintain a Junkyard.docx|Application for License to Maintain a Junkyard]]<br /> <br /> ===Local Public Agency Land Acquisition===<br /> <br /> [[image:101 bottom.jpg|center|1025px]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=Category:101_Standard_Forms&diff=51783 2022-08-25T13:12:07Z

<p>Hallej1: /* Planning */</p> <hr /> <div><br /> {|style=&quot;padding: 0.3em; margin-left:2px; border:2px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;520px&quot; align=&quot;right&quot; <br /> |-<br /> |EPG articles are &lt;u&gt;not&lt;/u&gt; referenced as &quot;sections&quot; but as EPG XXX.X (example: EPG 401.3) to avoid confusion with MoDOT specs (which are contractually binding).<br /> |}<br /> == ==<br /> Standard forms organized by functional unit are accessible from this page. '''The files accessible by the links below are identical to those accessed through Word, Excel or other software application by MoDOT employees.''' Many of these file links are also contained in Engineering Policy Guide articles that refer to the forms.<br /> <br /> <br /> ==Bridge==<br /> *[https://epg.modot.org/forms/BR/Bridge%20Division%20Memo.dot Bridge Division Memo]<br /> <br /> *[[media:101_Bridge_Hydraulics_Report_Feb_2022.dotx|Bridge Hydraulics Report]]<br /> <br /> *[https://epg.modot.org/forms/BR/Change%20Order.dot Change Order]<br /> &lt;div id=&quot;Constructability Questionnaire&quot;&gt;&lt;/div&gt;<br /> <br /> *[https://epg.modot.org/forms/BR/Constructability%20Questionnaire.dot Constructability Questionnaire]<br /> <br /> *[https://modotgov.sharepoint.com/:w:/r/sites/br/Hydraulics/Shared%20Docs/Hydraulics_Report_Forms/Culvert%20Hydraulics%20Report/Culvert_Hydraulics_Report.docx?d=w0b58cefc4aac4f36a2b08ede9373beb4&amp;csf=1&amp;web=1&amp;e=DZof11 Culvert Hydraulics Report]<br /> [[image:101 Bridge.jpg|right|150px]]<br /> <br /> *[[media:131.1 Design Exception 2020.docx|Design Exception Information]]<br /> <br /> *[https://epg.modot.org/forms/BR/Design%20Except%20to%20District.dot Design Except to District]<br /> <br /> *[[media:101 Design Layout Box 2014.docx|Design Layout (Box)]]<br /> <br /> *[https://epg.modot.org/forms/BR/Design%20Layout%20(Grade).dot Design Layout (Grade)]<br /> <br /> *[[media:101 Design Layout Stream 2014.docx|Design Layout (Stream)]]<br /> <br /> *[https://epg.modot.org/forms/BR/Design%20Layout%20(Wall).dot Design Layout (Wall)]<br /> &lt;div id=&quot;Floodplain Development Permit/Application&quot;&gt;&lt;/div&gt;<br /> <br /> *[[media:101 Floodplain Development Permit Application 2019.pdf|Floodplain Development Permit/Application]]<br /> <br /> *[[media:101 Floodplain Development Permit To District Cover Letter.docx|Floodplain Development Permit To District Cover Letter]]<br /> <br /> *[https://epg.modot.org/forms/BR/Layout%20to%20FHWA.dotx Layout to FHWA]<br /> <br /> *[https://epg.modot.org/forms/BR/Layout%20to%20Railroad.dot Layout to Railroad]<br /> <br /> *[https://epg.modot.org/forms/BR/Missouri-Illinois%20Border%20Bridge%20Clearinghouse%20Form.dot Missouri-Illinois Border Bridge Clearinghouse Form]<br /> &lt;div id=&quot;No-Rise Certificate&quot;&gt;&lt;/div&gt;<br /> *[[media:101 No Rise Certificate 2020.pdf|No-Rise Certificate]]<br /> <br /> *[[media:751.1.2.20 Request Apr 2021.xlsx|Request for Final Soundings for Structures Form]]<br /> <br /> *[https://epg.modot.org/forms/BR/Telefax.dot Telefax]<br /> <br /> *[https://epg.modot.org/forms/BR/Transmittal%20Letter.dot Transmittal Letter]<br /> <br /> *[[media:131.1 Vertical Clearance Coord Form Jul 2018.pdf|Vertical Clearance Design Exception Coordination with SDDCTEA]]<br /> <br /> ==Construction and Materials==<br /> *[https://epg.modot.org/forms/CM/30_Day_Reminder_Final_Invoice_Letter.pdf 30 Day Reminder Final Invoice Letter]<br /> <br /> *[https://epg.modot.org/forms/CM/60_Day_Final_Acceptance_Letter.pdf 60 Day Final Acceptance Letter]<br /> <br /> *[https://epg.modot.org/forms/CM/AC_Index_Price_Adjustment_Hot_Mix_Asphalt_SY.xlsx AC Index Price Adjustment – Hot mix asphalt (per SY)]<br /> [[image:101CM.jpg|right|150px]]<br /> *[https://epg.modot.org/forms/CM/AC_Index_Price_Adjustment_Hot_Mix_Asphalt_Ton.xlsx AC Index Price Adjustment – Hot mix asphalt (per Ton)]<br /> <br /> *[https://epg.modot.org/forms/CM/AC_Index_Price_Adjustment_Seal_Coat.xlsx AC Index Price Adjustment – Sealcoat]<br /> <br /> *[https://epg.modot.org/forms/CM/AC_Index_Price_Adjustment_UBAWS_Hot_Mix_and_Membrane.xlsx AC Index Price Adjustment – UBAWS Hot Mix and Membrane]<br /> <br /> *[https://epg.modot.org/forms/CM/AC_Index_Price_Adjustment_Undersealing.xlsx AC Index Price Adjustment – Undersealing]<br /> <br /> *[https://epg.modot.org/forms/CM/ADA_Checklist.pdf ADA Checklist (PDF) (Rev. June 15, 2022)]<br /> <br /> *[https://epg.modot.org/forms/CM/ADA_Checklist.docx ADA Checklist (MS Word) (Rev. June 15, 2022)]<br /> <br /> *[https://epg.modot.org/forms/CM/Aggregate_Base_Random_Locations.xlsm Aggregate Base Random Locations]<br /> <br /> *[https://epg.modot.org/forms/CM/As_Built_Final_Plans_Checklist_SL_District.pdf As Built Plans Checklist - SL District]<br /> <br /> *[https://epg.modot.org/forms/CM/Asbestos_Bulk_Sample_Bridge_CL_EL_5.pdf Asbestos Bulk Sample Bridge CL EL 5]<br /> <br /> *[https://epg.modot.org/forms/CM/Asbestos_Bulk_Sample_Parcel_CL_EL_5.pdf Asbestos Bulk Sample Parcel CL EL 5]<br /> <br /> *[https://epg.modot.org/forms/CM/Asbestos_Survey_Report_T746_T747_T748_C760.pdf Asbestos Survey Report - All Suspect ACM (Form T746), Nonfriable ACM (Form T747) and All Materials (Form T748)]<br /> <br /> *[https://epg.modot.org/forms/CM/Asphalt_Core_Spreadsheet.xlsx Asphalt Core Spreadsheet]<br /> <br /> *[https://epg.modot.org/forms/CM/Asphalt_Mix_Design.xlsm Asphalt Mix Design]<br /> <br /> *[https://epg.modot.org/forms/CM/Asphalt_Random_Locations.xlsm Asphalt Random Locations]<br /> <br /> *[https://epg.modot.org/forms/CM/Asphalt_Roadway_Report.xlsm Asphalt Roadway Report]<br /> <br /> *[https://epg.modot.org/forms/CM/Bridge_Bearings.xlsx Bridge Bearings]<br /> <br /> *[https://epg.modot.org/forms/CM/Bridge_Clearance_Report_C239A.pdf Bridge Clearance Report (C-239A)]<br /> <br /> *[https://epg.modot.org/forms/CO/Bridge%20Fabrication%20Report.dot Bridge Fabrication Report]<br /> <br /> *[https://epg.modot.org/forms/CM/Change%20Order.XLS Change Order]<br /> <br /> *[https://epg.modot.org/forms/CM/Job_Site_Bulletin_Board_Checklist_fillable.pdf Checklist of the jobsite posters]<br /> <br /> *[https://epg.modot.org/forms/CM/CUF_Determination_Form.pdf Commercially Useful Function (CUF) Determination Form]<br /> <br /> *[https://epg.modot.org/forms/CM/CUF_Determination_Form_Contracts_Let_After_03_2021.pdf Commercially Useful Function (CUF) Determination Form (for contracts let after March 2021)]<br /> <br /> *[https://epg.modot.org/forms/CM/Compressive%20Strength%20for%20Forney.xls Compressive Strength for Forney]<br /> <br /> *[https://epg.modot.org/forms/CM/Concrete%20Daily%20Inspection%20Report%20C-681.xls Concrete Daily Inspection Report, C-681]<br /> <br /> *[https://epg.modot.org/forms/CM/Concrete_Cylinder_Sample_Sent_to_Central_Lab.doc Concrete Cylinder Sample Sent to Central Lab]<br /> <br /> *[https://epg.modot.org/forms/CM/CIW_Mainline_Paving.xls Concrete Inspection Worksheet – Mainline QC/QA Paving]<br /> <br /> *[https://epg.modot.org/forms/CM/Concrete_Roadway_Report.pdf Concrete Roadway Report]<br /> <br /> *[https://epg.modot.org/forms/CM/Contingent_Item_Price_Check.pdf Contingent Item Price Check]<br /> <br /> *[https://epg.modot.org/forms/CM/Contractor_Performance_Evaluation_Letter.pdf Contractor Performance Evaluation Letter]<br /> <br /> *[https://epg.modot.org/forms/CM/Contractor_Performance_Evaluation_Signature_Page.pdf Contractor Performance Evaluation Signature Page]<br /> <br /> *[https://epg.modot.org/forms/CM/C9_Daily_Utility_Report.pdf Daily Utility Report (C-9)]<br /> <br /> *[https://epg.modot.org/forms/CM/Dimensions%20To%20Tons%20Converter.xlsx Dimensions To Tons Converter]<br /> <br /> *[https://epg.modot.org/forms/CM/Documentation_Record.pdf Documentation Record]<br /> <br /> *[https://epg.modot.org/forms/CM/EEO_Checklist.pdf EEO Checklist]<br /> <br /> *[https://epg.modot.org/forms/CM/Fence_Removal_Notice.pdf Fence Removal Notice]<br /> <br /> *[http://ghdcogwp001/c10.2.2/cgi-bin/cognosisapi.dll?b_action=cognosViewer&amp;ui.action=run&amp;ui.object=%2fcontent%2ffolder%5b%40name%3d%27AASHTOWARE%27%5d%2ffolder%5b%40name%3d%27Headquarters%27%5d%2ffolder%5b%40name%3d%27Contract%20-%20Administration%27%5d%2freport%5b%40name%3d%27C239_Final_Acceptance_Report_AWP%27%5d&amp;ui.name=C239_Final_Acceptance_Report_AWP&amp;run.outputFormat=PDF&amp;run.prompt=true Final Acceptance Report (C-239), Cognos Report]<br /> <br /> *[https://epg.modot.org/forms/CM/Final_Acceptance_C_239.pdf Final Acceptance Report (C-239), pdf version]<br /> <br /> *[https://epg.modot.org/forms/CM/Final_Plans_Certification.pdf Final Plans Certification]<br /> <br /> *[https://epg.modot.org/forms/CM/Final_Plans_Checklist.pdf Final Plans Checklist]<br /> <br /> *[https://epg.modot.org/forms/CM/KC_Final_Plans_Memo.pdf Final Plans Memo]<br /> <br /> *[https://epg.modot.org/forms/CM/C13_Final_Utility_Report.pdf Final Utility Report (C-13)]<br /> <br /> *[https://epg.modot.org/forms/CM/Force_Account_Spreadsheet.xlsx Force Account Spreadsheet]<br /> <br /> *[https://epg.modot.org/forms/CM/Form%20M-45%20Bitumin%20Distributor%20Calibration.doc Form M-45 Bitumin Distributor Calibration]<br /> <br /> *[https://epg.modot.org/forms/CM/Fuel_Adjustment_Calculation.xlsx Fuel Adjustment Calculation]<br /> <br /> *[https://epg.modot.org/forms/CM/Inspectors_Pay_Qty_Report_IPQR.pdf Inspectors Pay Qty Report (IPQR)]<br /> <br /> *[https://epg.modot.org/forms/CM/Internal_MoDOT_Product_Form.pdf Internal MoDOT Product Form]<br /> <br /> *[https://epg.modot.org/forms/CM/IRI_Inertial_Profiler_Report_with_Bonus.xlsm IRI Inertial Profiler Report with Bonus]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_2020_Asphalt_Pavement_Repair.xlsm JOC 2020 Asphalt Pavement Repair]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_2021_Asphalt_Pavement_Repair.xlsm JOC 2021 Asphalt Pavement Repair]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_2022_Asphalt_Pavement_Repair.xlsm JOC 2022 Asphalt Pavement Repair]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_2021_Bridge_Repair_Spreadsheet.xlsm JOC 2021 Bridge Repair Spreadsheet]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_2022_Bridge_Repair_Spreadsheet.xlsm JOC 2022 Bridge Repair Spreadsheet]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_2021_Concrete_Pavement_Repair.xlsm JOC 2021 Concrete Pavement Repair]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_2022_Concrete_Pavement_Repair.xlsm JOC 2022 Concrete Pavement Repair]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_2022_Fence_Repair_Spreadsheet.xlsm JOC 2022 Fence Repair Spreadsheet]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_2020_Rail_Cable_Fence_Spreadsheet.xlsm JOC 2020 Rail Cable Fence Spreadsheet]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_2021_Rail_Cable_Fence_Spreadsheet.xlsm JOC 2021 Rail Cable Fence Spreadsheet]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_2022_Rail_Cable_Repair_Spreadsheet.xlsm JOC 2022 Rail Cable Fence Spreadsheet]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_Lighting_Repair.xlsx JOC Lighting Repair]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_Microsurfacing_Spreadsheet.xlsx JOC Microsurfacing Spreadsheet]<br /> <br /> *[https://epg.modot.org/forms/CM/JOC_Signal_and_Lighting_Repair.xlsm JOC Signal and Lighting Repair]<br /> <br /> *[https://epg.modot.org/forms/CM/KC_Milestone_Memo.pdf Milestone Memo]<br /> <br /> *[https://epg.modot.org/forms/CM/Milestone_Worksheet.pdf Milestone Worksheet]<br /> <br /> *[https://epg.modot.org/forms/CM/Mobile_Mixer_Calibration.xlsx Mobile Mixer Calibration]<br /> <br /> *[[media:101 Mobile Mixer Verification.pdf|Mobile Mixer Verification Sheet]]<br /> <br /> *[https://epg.modot.org/forms/CM/NCR_Non_Conformance_Report.pdf Nonconformance Report (NCR)]<br /> <br /> *[https://epg.modot.org/forms/CM/Nuclear_Density_C709ND.pdf Nuclear Density (C-709ND)]<br /> <br /> *[https://epg.modot.org/forms/CM/Nuclear_Density_of_Plastic_Portland_Cement_Concrete_C_710ND.pdf Nuclear Density of Plastic Portland Cement Concrete (C-710ND)]<br /> <br /> *[https://epg.modot.org/forms/CM/Order_Record.pdf Order Record (C-259)]<br /> <br /> *[https://epg.modot.org/forms/CM/Outlier%20Analysis.xls Outlier Analysis]<br /> <br /> *[https://epg.modot.org/forms/CM/Pavement_Type_Selection_Submittal.pdf Pavement Type Selection Submittal Information (PTS Submittal Form)]<br /> <br /> *[https://epg.modot.org/forms/CM/Payroll_Log.xltx Payroll Log Form]<br /> <br /> *[https://epg.modot.org/forms/CM/Pile%20Driving%20Chart2.xls Pile Driving Chart]<br /> <br /> *[https://epg.modot.org/forms/CM/Pile_Driving_Data.pdf Pile Driving Data]<br /> <br /> *[https://epg.modot.org/forms/CM/Pile_Driving_Data_PDA.pdf Pile Driving Data PDA]<br /> <br /> *[https://epg.modot.org/forms/CM/PODI_Bridge_Deck_Pour_Checklist.pdf PODI Bridge Deck Pour Checklist]<br /> <br /> *[https://epg.modot.org/forms/CM/Pore_Pressure_Report_Type_A.pdf Pore Pressure Report - Type A]<br /> <br /> *[https://epg.modot.org/forms/CM/Pore_Pressure_Report_Type_B.pdf Pore Pressure Report - Type B]<br /> <br /> &lt;div id=&quot;PreCon Letter - Federal No Trainees&quot;&gt;&lt;/div&gt;<br /> *[https://epg.modot.org/forms/CM/PreCon_Letter_Federal.pdf PreCon Letter - Federal]<br /> <br /> *[https://epg.modot.org/forms/CM/PreCon_Letter_State.pdf PreCon Letter - State]<br /> <br /> *[https://epg.modot.org/forms/CM/Prestress_Deficiency_Report.pdf Prestress Deficiency Report (1029-01)]<br /> <br /> *[https://epg.modot.org/forms/CM/Price_Verification.xlsx Price Verification]<br /> <br /> *[https://epg.modot.org/forms/CM/Railroad_Crossing_Inspection.pdf Railroad Crossing Inspection]<br /> <br /> *[https://epg.modot.org/forms/CM/RE_Letterhead.pdf RE Letterhead]<br /> <br /> *[https://epg.modot.org/forms/CM/RE_Letterhead.docx RE Letterhead – Word Format]<br /> <br /> * [http://epg.modot.mo.gov/forms/CM/Job_Site_Bulletin_Board_Checklist_fillable.pdf Report of On-Site Bulletin Board Inspection (Job Site Bulletin Board Checklist)]<br /> <br /> *[https://epg.modot.org/forms/CM/Retroreflectivity_Payment_Adjustment.xlsm Retroreflectivity Payment Adjustment]<br /> <br /> *[https://epg.modot.org/forms/CM/Retroreflectometer_Request.xlsm Retroreflectometer Request]<br /> <br /> *[https://epg.modot.org/forms/CM/RM_Aggregate_Scale_Calibration_200.dotx RM Aggregate Scale Calibration - 200]<br /> <br /> *[https://epg.modot.org/forms/CM/RM_Aggregate_Scale_Calibration_300.dotx RM Aggregate Scale Calibration - 300]<br /> <br /> *[https://epg.modot.org/forms/CM/RM_Aggregate_Scale_Calibration_350.dotx RM Aggregate Scale Calibration - 350]<br /> <br /> *[https://epg.modot.org/forms/CM/RM_Air_Dispenser_Calibration.dotx RM Air Dispenser Calibration]<br /> <br /> *[https://epg.modot.org/forms/CM/RM_Cement_Scale_Calibration_150.dotx RM Cement Scale Calibration - 150]<br /> <br /> *[https://epg.modot.org/forms/CM/RM_Cement_Scale_Calibration_175.dotx RM Cement Scale Calibration - 175]<br /> <br /> *[https://epg.modot.org/forms/CM/RM_Cement_Scale_Calibration_200.dotx RM Cement Scale Calibration - 200]<br /> <br /> *[https://epg.modot.org/forms/CM/RM_Concrete_Systems_Form.dotx RM Concrete Systems Form]<br /> <br /> *[https://epg.modot.org/forms/CM/RM_Equipment_Calibrated_and_Verified_Form.dotx RM Equipment Calibrated and Verified Form]<br /> <br /> *[https://epg.modot.org/forms/CM/RM_Truck_Mixer_Information_Form.dotx RM Truck Mixer Information Form]<br /> <br /> *[https://epg.modot.org/forms/CM/RM_Water_Calibration.dotx RM Water Calibration]<br /> <br /> *[https://epg.modot.org/forms/CM/RoCap_Test_Form_Long_Bolts.pdf RoCap Test Form - Long Bolts]<br /> <br /> *[https://epg.modot.org/forms/CM/RoCap_Test_Form_Short_Bolts.pdf RoCap Test Form - Short Bolts]<br /> <br /> *[https://epg.modot.org/forms/CM/Semi_Annual_Labor_Compliance_Report.dotx Semi-annual Labor Compliance Report]<br /> <br /> *[https://epg.modot.org/forms/CM/Semi_Final_Inspection_C_236.pdf Semi-Final Inspection (C-236)]<br /> <br /> *[[media:101 Contractor Payment Schedule 2022.pdf|Contractor Payment Schedule]]<br /> <br /> *[https://epg.modot.org/forms/CM/Standard%20Compaction%20Test%20Blank.xls Standard Compaction Test Blank]<br /> <br /> *[https://epg.modot.org/forms/CM/Survey%20Calculator.xlsx Survey Calculator]<br /> <br /> *[https://epg.modot.org/forms/CM/Tank%20Capacity%202.0.xls Tank Capacity]<br /> &lt;div id=&quot;Wage Interview&quot;&gt;&lt;/div&gt;<br /> *[https://epg.modot.org/forms/CM/CR1_Wage_Rate_Interview.pdf Wage Interview (Form CR-1)]<br /> <br /> *[http://sharepoint/systemdelivery/TR/mo/travinfoitsworkzonemanagment/workzones/Shared%20Documents/Inspections/WorkZone_Inspection-form%202014.pdf Work Zone Inspection Form]<br /> <br /> ===Forms for Contractor Use ===<br /> ====Construction and Contractor Related====<br /> <br /> :* [https://epg.modot.org/forms/CM/Blank_2AA_Sheet.pdf 2AA Sheet – Blank]<br /> <br /> :* [https://epg.modot.org/forms/CM/Example_2AA_Sheet.pdf 2AA Sheet – Example]<br /> <br /> :* [https://epg.modot.org/forms/CM/Affidavit_for_Compliance_with_Prevailing_Wage.pdf Affidavit for Compliance with Prevailing Wage Law]<br /> <br /> :* [https://epg.modot.org/forms/CM/Contractors_Affidavit_C-242.pdf Contractor's Affidavit Regarding Settlement of Claims (C-242)]<br /> <br /> :* [https://epg.modot.org/forms/CM/Contractors_Affidavit_C-242_With_Exceptions.pdf Contractor's Affidavit Regarding Settlement of Claims (C-242) with Exceptions]<br /> <br /> :* [https://epg.modot.org/forms/CM/Contractor_Questionnaire.pdf Contractor Questionnaire] (to bid contracts less than $2,000,000)<br /> <br /> :* [https://epg.modot.org/forms/CM/DBE_Contractor_Project_Trucker_Equipment_List_Form.pdf DBE Contractor Project Trucker Equipment List Form]<br /> <br /> :* [https://epg.modot.org/forms/CM/DBE_Contractor_Subcontractor_Project_Trucker_Form_Instructions.pdf DBE Contractor Subcontractor Project Trucker Form Instructions]<br /> <br /> :* [[media:101 DBE Identification Submittal Form.pdf|DBE Identification Submittal Form]]<br /> <br /> :* [https://epg.modot.org/forms/CM/DBE_Substitution_Form.pdf DBE Substitution Form]<br /> <br /> :* [https://epg.modot.org/forms/CM/Digital_Signature_for_Adobe_Reader_DC_or_Pro_DC.docx Digital Signatures Adobe DC Reader/Pro QRG]<br /> <br /> :* [https://epg.modot.org/forms/CM/Lead_Abatement_MODOT_Contractor_Informational_Packet.pdf Lead Abatement MoDOT Contractor Informational Packet]<br /> <br /> :* [https://epg.modot.org/forms/CM/Lead_Abatement_MODOT_FA_Project_Notification.pdf Lead Abatement MoDOT FA Project Notification]<br /> <br /> :* [https://epg.modot.org/forms/CM/Lead_Abatement_MODOT_Project_Notification.pdf Lead Abatement MoDOT Project Notification]<br /> <br /> :* [https://epg.modot.org/forms/CM/Lead_Abatement_MODOT_Project_Re_Notification.pdf Lead Abatement MoDOT Project Re-Notification]<br /> <br /> :* [https://epg.modot.org/forms/CM/Lead_Abatement_Program_Contact_Info.pdf Lead Abatement Program Contact Info] <br /> <br /> :* [http://eprojects/Templates/MODOT_Workforce_JSP_Cummulative_Workforce_Hours_Report.xlsx MoDOT Workforce JSP Cumulative Workforce Hours Report]<br /> <br /> :* [https://epg.modot.org/forms/CM/MoDOT_Workforce_Pre_Construction_Diversity_Plan_Report.xlsx MoDOT Workforce Pre-Construction Diversity Plan Report]<br /> <br /> :* [https://epg.modot.org/forms/CM/OJT_1_Trainee_Notification.pdf OJT-1, Trainee Notification]<br /> <br /> :* [https://epg.modot.org/forms/CM/OJT_2_Contractor_Monthly_Trainee_Report.pdf OJT-2, Contractor Monthly Trainee Report]<br /> <br /> :* [https://epg.modot.org/forms/CM/OJT_3_Training_Completion.pdf OJT-3, Training Completion]<br /> <br /> :* [https://epg.modot.org/forms/CM/OJT_4_Trainee_Contact.pdf OJT-4, Trainee Contact]<br /> <br /> :* [https://epg.modot.org/forms/CM/OJT_5_Discrimination_Complaint.pdf OJT-5, Discrimination Complaint]<br /> <br /> :* [https://epg.modot.org/forms/CM/OJT_6_Final_Trainee_Summary.pdf OJT-6, Training Summary] <br /> <br /> :* [https://epg.modot.org/forms/CM/Prequalification_Questionnaire.pdf Prequalification Contractor Questionnaire] (to bid a contract of any size)<br /> <br /> :* [https://epg.modot.org/forms/CM/Request_to_Subcontract_C_220.pdf Request to Subcontract Work (C-220)]<br /> <br /> :* [https://epg.modot.org/forms/CM/Request_to_Subcontract_C_220_Excel.xlsm Request to Subcontract Work (C-220), Excel]<br /> <br /> :* [https://epg.modot.org/forms/CM/Subcontractor_Certification_Regarding_Affirmative_Action.pdf Subcontractor Certification Regarding Affirmative Action]<br /> <br /> :* [https://epg.modot.org/forms/CM/Tension_Log_Form.xlsx Tension Log Form] <br /> <br /> :* [https://epg.modot.org/forms/CM/Value_Engineering_Proposal_C_104.pdf Value Engineering Change Proposal (C-104)]<br /> <br /> :* [https://epg.modot.org/forms/CM/Wage_Flow_Chart_for_Federal_Jobs.pdf Wage Flowchart for Federal Jobs – Precon]<br /> <br /> :* [https://epg.modot.org/forms/CM/Wage_Flow_Chart_for_State_Jobs.pdf Wage Flowchart for State Jobs – Precon]<br /> <br /> :* [https://epg.modot.org/forms/CM/Waste_Disposal_Agreement.pdf Waste Disposal Agreement]<br /> <br /> ====Materials Related====<br /> :*[https://epg.modot.org/forms/CM/AsphPlantInspCumulative.xls Asphalt Inspection Worksheet Cumulative Gradation]<br /> <br /> :*[https://epg.modot.org/forms/CM/AsphPlantInspNonCumulative.xls Asphalt Inspection Worksheet Non-Cumulative Gradation]<br /> <br /> :*[https://epg.modot.org/forms/CM/PipeShippingReportForm2.pdf CMP, RCP, Precast Drainage Units and Precast Box Culvert Shipping Report Form]<br /> <br /> :*[https://epg.modot.org/forms/CM/Concrete%20Mix%20Design%20Submittal%20Form.xls Concrete Mix Design Submittal Form]<br /> <br /> :*[https://epg.modot.org/forms/CM/Missouri%20CoreLok%20Aggregate%20Workbook.xls CoreLok Aggregate Workbook]<br /> <br /> :*[https://epg.modot.org/forms/CM/GS013F2.pdf Fabricator’s PAL Receival Form]<br /> <br /> :*[https://www.modot.org/traffic New Product Evaluation Form]<br /> <br /> :*[https://epg.modot.org/forms/CM/GS013F4.pdf PAL Program Inclusion Certifications and Guarantee Statement]<br /> <br /> :*[https://epg.modot.org/forms/CM/Producer_Supplier_List.pdf Producer/Supplier List]<br /> <br /> :*[https://epg.modot.org/forms/CM/PipeShippingReportForm_Thermoplastic.pdf PVC &amp; HDPE Pipe Shipping Report Form]<br /> <br /> :*[https://epg.modot.org/forms/CM/Request_to_Transfer_Inspected_Matl.pdf Request for Transfer of Inspected Materials]<br /> <br /> :*[https://epg.modot.org/forms/CM/GS013F3.pdf Shipper’s PAL Transmittal Form]<br /> <br /> ====Posters, Federal Aid====<br /> <br /> Please refer to [https://epg.modot.org/index.php?title=Category:110_State_and_Federal_Wage_Rates_and_Other_Requirements#Required_Notices_and_Posters EPG 110.2 Federal-Aid Projects, Required Notices and Posters].<br /> <br /> ====Posters, State Aid====<br /> <br /> Please refer to [https://epg.modot.org/index.php?title=Category:110_State_and_Federal_Wage_Rates_and_Other_Requirements#Required_Notices_and_Posters EPG 110.2 Federal-Aid Projects, Required Notices and Posters].<br /> <br /> ====Utility or Right of Way Related==== <br /> <br /> :*[http://www.modot.mo.gov/asp/intentToWork.shtml Notice of Intent to Perform Work Process]<br /> <br /> :*[https://www6.modot.mo.gov/ElectronicPermitting/ElectronicPermitting.html# Permit for Work on Right of Way]<br /> <br /> ===Quick Reference Guides (QRGs)===<br /> ====AASHTOWare Project Quick Reference Guides (QRGs)==== <br /> <br /> :'''[https://epg.modot.org/forms/CM/AWP_QRG_Revision_Dates.xlsx AWP QRG Revision Dates]'''<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CM_AASHTOWARE_Project_Terminology.docx AWP CM AASHTOWARE Project Terminology]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CM_Certified_Testers.doc AWP CM Certified Testers]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CM_Filters.doc AWP CM Filters]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CM_Test_Equipment.doc AWP CM Test Equipment]<br /> &lt;div id=&quot;Change Order Overview&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_1ChangeOrderOverview.doc AWP CO 1 Change Order Overview]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_2ChangeOrderAddingNewItemorOverrunUnderrunExisting.doc AWP CO 2 Change Order Adding New Item or Overrun/Underrun of Existing Items]<br /> &lt;div id=&quot;AWP CO 3&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_3ChangeOrderTimeExtension.doc AWP CO 3 Change Order Time Extension]<br /> &lt;div id=&quot;AWP CO 4&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_4ChangeOrderValueEngineering.doc AWP CO 4 Change Order Value Engineering]<br /> &lt;div id=&quot;AWP CO 5&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_5ChangeOrderNoCostContractModification.doc AWP CO 5 Change Order, No Cost Contract Modification]<br /> &lt;div id=&quot;AWP CO 6&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_6ChangeOrderMobilizationAndContractBond.doc AWP CO 6 Change Order, Mobilization and Contract Bond]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_7ChangeOrderApproval.doc AWP CO 7 Change Order Approval]<br /> &lt;div id=&quot;Change Order Codes&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Change_Order_Codes.doc AWP CO Change Order Codes]<br /> &lt;div id=&quot;Change Order Reports&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Change_Order_Reports.doc AWP CO Change Order Reports]<br /> &lt;div id=&quot;CO Commercially Useful&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_CUF_Entry.doc AWP CO Commercially Useful Function (CUF) Review Date Entry]<br /> <br /> :*[[media:146 CUF After Mar 2021.pdf|Commercially Useful Function (CUF) Determination Form (for contracts awarded after March 2021)]]<br /> &lt;div id=&quot;CO Construction Stockpiles&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Construction_Stockpiles.doc AWP CO Construction Stockpiles]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Contract_Payment_Estimate_Exception_Override.doc AWP CO Contract Payment Estimate Exception Override]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_ContractVendorAssets.doc AWP CO Contract Vendor Assets]<br /> &lt;div id=&quot;CO Contract Adjustments&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Contract_Adjustments.doc AWP CO Contract Adjustments]<br /> &lt;div id=&quot;CO Contract Times&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Contract_Times.doc AWP CO Contract Times]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_DailyDiary.doc AWP CO Daily Diary]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_DailyDiaryAdjustments.doc AWP CO Daily Diary Adjustments]<br /> &lt;div id=&quot;Daily Work Report&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_DailyWorkReport.doc AWP CO Daily Work Report]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_DailyWorkReport_Deleting_Postings_and_Acceptance_Records.doc AWP CO Daily Work Report, Deleting DWR Postings and Acceptance Records]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Disposition_Remarks_PAL_Material.doc AWP CO Disposition Remarks for PAL Material]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Documentation_Records.docx AWP CO Documentation Records]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_EmergencyContacts.doc AWP CO Emergency Contacts]<br /> &lt;div id=&quot;AWP CO Estimate&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Estimate.doc AWP CO Estimate]<br /> &lt;div id=&quot;AWP CO Estimate Final&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Estimate_Final.doc AWP CO Estimate Final]<br /> &lt;div id=&quot;AWP CO Item Adjustments&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Item_Adjustments.doc AWP CO Item Adjustments]<br /> &lt;div id=&quot;CO Milestones&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Milestones.doc AWP CO Milestones]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Signal_Maintenance.doc AWP CO Signal Maintenance]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Change_Order_Reason_Codes_for_SL_Time_Extension_Change_Orders.doc AWP CO SL District Reason Codes for Time Extension Change Orders]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_CO_Subcontract.doc AWP CO Subcontract]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_Adding_Contract_Lines_For_Acceptance_Actions.doc AWP MA Adding Contract Lines For Acceptance Actions]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_Adding_Concrete_Mix_Design.doc AWP MA Adding New Concrete Mix Design]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_Associating_Material_To_Source.docx AWP MA Associating Material to Source]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_Checking_For_UnAuthorized_Sample_Records.doc AWP MA Checking For Unauthorized Sample Records]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_DEC_Sample_Record.docx AWP MA DEC Sample Record]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_EditingContractAcceptanceActionsAndActionRelationships.doc AWP MA Editing Contract Acceptance Actions and Action Relationships]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_Generating_Contract_SampleChecklist.doc AWP MA Generating Contract Sample Checklist]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_IAS_Lab_Audit.doc AWP MA I.A.S. Lab Audit]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_PAL_Plant_Inspection_Record.doc AWP MA PAL Plant Inspection Record]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_ReGenerating_Contract_Lines_For_Original_Materials_And_Acceptance_Actions.doc AWP MA Regenerating Contract Lines for Original Materials and Acceptance Actions]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_Sample_Record_Acceptance_By_Certification.docx AWP MA Sample Record Acceptance By Certification]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_Sample_Record_Changing_Material_Code_Source_or_SampleType.docx AWP MA Sample Record Changing Material Code Source or Sample Type]<br /> &lt;div id=&quot;Sample Record, General&quot;&gt;&lt;/div&gt;<br /> :* [https://epg.modot.org/forms/CM/AWP_MA_Sample_Record_General.docx AWP MA Sample Record, General]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_Sample_Record_General_IAS_Audit_Record.docx AWP MA Sample Record, General IAS Audit Record]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_Sampling_and_Testing_Status_Report.docx AWP MA Sampling and Testing Status Report]<br /> <br /> :* [https://epg.modot.org/forms/CM/AWP_MA_UsingFindSample.docx AWP MA Using the Find Sample Function]<br /> <br /> ====Storm Water Database Quick Reference Guides (QRGs)====<br /> <br /> :* [[media:101 How to Fill Out Land Disturbance Inspection Record.pdf|How to Fill Out Land Disturbance Inspection Record]]<br /> <br /> :* [[media:101 Land Disturbance Deficiencies QRG 2019.pdf|Land Disturbance Deficiencies]]<br /> <br /> :* [[media:101 Land Disturbance Storm Water Database Closeout Procedure QRG 2020.pdf|Land Disturbance Storm Water Database Closeout Procedure]]<br /> <br /> :* [[media:101 Land Disturbance Storm Water Database Initial Setup for Construction Projects 2020.pdf|Land Disturbance Storm Water Database Initial Setup for Construction Projects]]<br /> <br /> :* [[media:101 Land Disturbance Storm Water Database Initial Setup for Maintenance Projects QRG 2020.pdf|Land Disturbance Storm Water Database Initial Setup for Maintenance Projects]]<br /> <br /> :* [[media:101 Land Disturbance Storm Water Database 7 Day Reviews QRG.pdf|Land Disturbance Storm Water Database 7-Day Reviews]]<br /> <br /> :* [[media:101 Storm Water Land Disturbance Erosion Reporting QRG Dec 2020.pdf|Storm Water Land Disturbance Erosion Reporting]]<br /> <br /> ==Design==<br /> {|style=&quot;padding: 0.3em; margin-left:15px; border:1px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;160px&quot; align=&quot;right&quot; <br /> |- <br /> |'''[http://www.modot.org/business/standards_and_specs/d-sheets.htm Microstation D-Sheets]'''<br /> |-<br /> |'''Signing'''<br /> |-<br /> |[https://epg.modot.org/forms/DE%202017%20Forms/DELiaison/D-28.doc D-28], D-29 through D-34<br /> |-<br /> |'''Signals'''<br /> |-<br /> |D-37A through D-37d, D-38 through D-38e<br /> |-<br /> |'''Typical Sections'''<br /> |-<br /> |D-49 through D-70 <br /> |-<br /> |'''Miscellaneous'''<br /> |-<br /> |D-71<br /> |}<br /> ===Bridge===<br /> *[[media:101 404 Permit.dotx|404 Permits]]<br /> <br /> *[[media:747 Bridge Survey Checklist.xlsx|Bridge Survey Checklist]]<br /> <br /> *[[media:747 Bridge Survey Location Request Dec 2019.docx|Bridge Survey Location Request]]<br /> <br /> *[[media:747 Bridge Survey Report.docx| Bridge Survey Report Form]]<br /> <br /> *[[media:751.1.3.2_Structural_Rehabilitation_Checklist.xlsm|Structural Rehabilitation Checklist (Excel)]]<br /> <br /> *[[media:131.1 Vertical Clearance Coord Form Jul 2018.pdf|Vertical Clearance Design Exception Coordination with SDDCTEA]]<br /> <br /> ===Checklist===<br /> *[[media:124.2.4 Design Progress Check list.docx|Design Progress Check List]]<br /> <br /> *[[media:D-12_May_2022.pdf|District Final Design Checklist - D-12]]<br /> <br /> *[[media:124.2.4 Check List for Preliminary Plans.docx|Preliminary Plans Check List]]<br /> <br /> *[[media:124.2.4 Project Reviewing Checklist.docx|Project Reviewing Checklist]]<br /> <br /> *[[media:124.2.4 Check List for RW Plans.docx|Right of Way Check List]]<br /> <br /> ===Contracts===<br /> *[[media:District_Award.dotx|District Award]]<br /> <br /> *[http://www.modot.org/business/standards_and_specs/documents/ComputerDeliverableContractPlans.pdf Computer Deliverable Contract Plans 2005]<br /> <br /> *[https://epg.modot.org/forms/DE%202017%20Forms/BiddingContract/DE11_Municipal_Agreement.doc DE11]<br /> <br /> *[[media:Sample_Scope_of_Services_-_Location_and_Environment.dotx|Sample Scope of Services - Location and Environment]]<br /> <br /> *[[media:Sample_Scope_of_Services_Design.dotx|Sample Scope of Services Design]]<br /> <br /> ===Design Forms===<br /> *[[media:3R_Conceptual_Study_Report.dotx|3R Conceptual Study Report]]<br /> <br /> *[[media:4R_Conceptual_Study_Report.dotx|4R Pavement Rehabilitation Analysis Data and Conceptual Study Report]]<br /> <br /> *[[media:Commission_Backup_Form_Blank.dotx|Commission Backup Form Blank]]<br /> <br /> *[[media:Commission_Backup_Form_Instructions.dotx|Commission Backup Form Instructions]]<br /> <br /> *[[media:Conceptual Study Report.dotx|Conceptual Study Report]]<br /> <br /> *[[media:134.2.2.5.1 May 2017.doc|Consultant Rating Form]]<br /> <br /> *[https://epg.modot.org/forms/DE%202017%20Forms/DELiaison/D-28.doc D-28 Sign Design Order Form]<br /> <br /> *[[media:131.1 Design Exception 2020.docx|Design Exception Information]]<br /> <br /> *[[media:Equipment_and_Materials_List.dotx|Equipment and Materials List]]<br /> <br /> *[https://epg.modot.org/forms/DE/SWPPP_Project_Specific_Form_806.8.2.pdf Form 806.8.2, Project-Specific SWPPP Information]<br /> <br /> *[[media:Form D21 2018.pdf|Highway Lighting Warrants D21]]<br /> <br /> *[[media:Location Study Report.dotx|Location Study Report]]<br /> <br /> * [[media:M-40 2013.docx|M-40 Request for Drilling Services]]<br /> <br /> *[[media:Pavement_Distress_Log_Form_-_Asphalt_-_11x17.dotx|Pavement Distress Log Form - Asphalt - 11x17]]<br /> <br /> *[[media:Pavement_Distress_Log_Form_-_Concrete_11x17.dotx|Pavement Distress Log Form - Concrete 11x17]]<br /> <br /> *[[media:Pavement_Repair_Log.dotx|Pavement Repair Log]]<br /> <br /> *[[media:Preliminary_Plans_Proposal_Review.dotx|Preliminary Plans Proposal Review]]<br /> <br /> *[[media:Project_Data_for_BAMS.dotx|Project Data for BAMS]]<br /> <br /> *[[media:Project Initialization Estimate Form.dotx|Project Initialization Estimate Form]]<br /> <br /> *[https://spexternal.modot.mo.gov/sites/de/_layouts/15/WopiFrame.aspx?sourcedoc=%7bC825A659-7DD3-4CF3-8F3D-284E3BFF6E39%7d&amp;file=JSP-Formatting-Guide.doc&amp;action=default Roadway Job Special Provision Formatting Guide]<br /> <br /> *[https://spexternal.modot.mo.gov/sites/de/_layouts/15/WopiFrame.aspx?sourcedoc=%7b01675DEF-ADDD-465C-AF8F-868B9CF5DBE2%7d&amp;file=Roadway%20JSP%20Instructions.docx&amp;action=default Roadway Job Special Provision Instructions]<br /> <br /> *[https://spexternal.modot.mo.gov/sites/de/_layouts/15/WopiFrame.aspx?sourcedoc={5D551D7A-2FA3-4777-BB7E-829D7D83CA92}&amp;file=Roadway_JSP_Template.doc&amp;action=default Roadway Job Special Provision Template]<br /> <br /> *[[media:134.2.2.2 2019.docx|Submittal to Professional Services Committee]]<br /> <br /> *[[media:Suggested_Revision_to_a_CADD_Standard.dotx|Suggested Revision to a CADD Standard]]<br /> <br /> *[[media:Test-Cultural_Resource_Assessment_Letter.dotx|Test-Cultural Resource Assessment Letter]]<br /> <br /> *[[media:Traffic_Signal_Warrants,_Form_D22.dotx|Traffic Signal Warrants, Form D22]]<br /> <br /> *[[media:Utility_Print_Submittal_Letter.dotx|Utility Print Submittal Letter]]<br /> <br /> *[[media:Utility_Print_Submittal_Letter_Revised_Plans.dotx|Utility Print Submittal Letter, Revised Plans]]<br /> <br /> *[[media:124_Work_Day_Study_a.dotx|Work Day Study]]<br /> <br /> ===[https://epg.modot.org/index.php?title=Category:134_Engineering_Professional_Services#134.1.3_Consultant_Qualification Engineering Professional Services]===<br /> <br /> ===Environmental and Cultural===<br /> *[[media:127.14 Categorical Exclusion Determination 2021.docx|Categorical Exclusion Form]]<br /> <br /> *[[media: 127.11 Farmland Conversion Impact Rating Corridor.pdf|Farmland Conversion Impact Rating (Corridor)]]<br /> <br /> *[[media: 127.11 Farmland Conversion Impact Rating Site.pdf| Farmland Conversion Impact Rating (Site)]]<br /> <br /> *[https://www6.modot.mo.gov/EnvironmentalRequest/Pages/Login.aspx Request for Environmental Services (RES) Form]<br /> <br /> *[[media:127.1 Instructions 2021.pdf|Instructions for the RES Form]]<br /> <br /> ===Materials===<br /> <br /> *[[media:101_Request_for_Asphalt_Cement_%_Grade.dotx|Request for Asphalt Cement % Grade]]<br /> <br /> *[[media:101_Soil_Info_Request.dotx|Soil Info Request]]<br /> <br /> *[[media:101_Soil_Survey_Request.dotx|Soil Survey Request]]<br /> <br /> ===Planning===<br /> *[[media:101_ARAN_Report_Request.dotx|ARAN Report Request]]<br /> <br /> *[[media:101_Conceptual_Study_Traffic_Count_Request.dotx|Conceptual Study Traffic Count Request]]<br /> <br /> *[[media:101_Fis_Formc.dotx|Fis Formc]]<br /> <br /> *[http://sp/sites/tp/sysanlysis/Traffic/Shared%20Documents/ExecutiveFiles/Road%20User%20Costs%20Request%20Form.pdf Road User Costs Request Form]<br /> <br /> *[https://modotgov.sharepoint.com/sites/tp/Shared%20Documents/Forms/AllItems.aspx?csf=1&amp;web=1&amp;e=SHzTNK%2F&amp;FolderCTID=0x012000DD605E2170F8084F9DE64F06975E86E0&amp;id=%2Fsites%2Ftp%2FShared%20Documents%2FTraffic%20Collection%2FExecutiveFiles%2FTraffic%20Forecast%20Request%20Form%2Epdf&amp;parent=%2Fsites%2Ftp%2FShared%20Documents%2FTraffic%20Collection%2FExecutiveFiles Traffic Forecast Request Form]<br /> <br /> *[[media:101_Turning_Movement_Traffic_Count_Request.dotx|Turning Movement Traffic Count Request]]<br /> <br /> ===Public Involvement===<br /> *[[media:101_Public_Hearing_Statement_Form.dotx|Public Hearing Statement Form]]<br /> *[https://epg.modot.org/forms/DE/Public%20Involvement/Sample%20Letter%20Advertising%20a%20Public%20Hearing.docx Sample Letter Advertising a Public Hearing]<br /> *[https://epg.modot.org/forms/DE/Public%20Involvement/Sample%20Notice%204f.docx Sample Notice 4F]<br /> *[https://epg.modot.org/forms/DE/Public%20Involvement/Sample%20Notice%20of%20Public%20Hearing.docx Sample Notice of Public Hearing]<br /> *[https://epg.modot.org/forms/DE/Public%20Involvement/Sample_Opportunity_for_Public_Hearing.doc Sample Opportunity for a Public Hearing/Meeting Notice]<br /> *[[media:129 Sample Public Involvement or Communication Plan.docx|Sample Public Involvement Plan or Communication Plan]] <br /> *[https://epg.modot.org/forms/DE/Public%20Involvement/SampleRequestforApprovelofLocationorDesigntoStateDesignEngineer.docx Sample Request for Approval of Location and/or Design of Highways to State Design Engineer]<br /> *[https://epg.modot.org/forms/DE/Public%20Involvement/SampleRequestforApprovelofLocationorDesigntotheCommission.docx Sample Request for Approval of Location to the Commission]<br /> *[https://epg.modot.org/forms/DE/Public%20Involvement/SampleTranscript.pdf Sample Transcript]<br /> <br /> ===Right of Way===<br /> *[http://eprojects/Templates/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Certification%20of%20Commission%20Form%20236.13.15.docx Certification Document]<br /> <br /> *[http://eprojects/Templates/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Letter%20of%20Certification%20RW%20Plans%20Approval%20Form%20236.13.docx Letter of Certification for Right of Way Plans Approval]<br /> <br /> *[http://eprojects/Templates/RW/Chapter%203_Administration/RW%20Cost%20Estimate%20Form%203.3.3B.docx Right of Way Cost Estimate] <br /> <br /> *[http://eprojects/Templates/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Right%20Way%20Plans%20Checklist%20Form%20236.13.7.docx Right of Way Plans Checklist]<br /> <br /> *[http://eprojects/Templates/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Sample%20Letter%20for%20Condemnation%20Amended%20Plans.docx Sample Letter for Condemnation (Amended Plans)]<br /> <br /> ===Scoping===<br /> *[[media:101_Bridge_Checklist.dotx|Bridge Checklist]]<br /> <br /> *[[media:101_Construction_and_Materials_Checklist.dotx|Construction and Materials Checklist]]<br /> <br /> *[https://epg.modot.org/forms/DE%202017%20Forms/DELiaison/104.6_Design_Checklist_Apr_26,_2012.doc Design Checklist]<br /> <br /> *[https://epg.modot.org/forms/DE%202017%20Forms/DELiaison/104.6_Design_Liaison_Checklist.doc Design Liaison Checklist]<br /> <br /> *[[media:101_FHWA_Checklist.dotx|FHWA Checklist]]<br /> <br /> *[[media:101_Maintenance_Checklist.dotx|Maintenance Checklist]]<br /> [[image:101 survey.jpg|right|150px]]<br /> <br /> *[[media:101_Planning_Checklist.dotx|Planning Checklist]]<br /> <br /> *[https://epg.modot.org/forms/DE%202017%20Forms/DELiaison/104.6_Project_Scoping_Checklist_Apr_26,_2012.doc Project Scoping Checklist]<br /> <br /> *[[media:101_Public_Information_and_Outreach_Checklist.dotx|Public Information and Outreach Checklist]]<br /> <br /> *[[media:101_Railroad_Checklist.dotx|Railroad Checklist]]<br /> <br /> *[[media:101_Right_of_Way_Checklist.dotx|Right of Way Checklist]]<br /> <br /> *[[media:101_Traffic_Checklist.dotx|Traffic Checklist]]<br /> <br /> *[[media:101_Utilities_Checklist.dotx|Utilities Checklist]]<br /> <br /> ===Survey===<br /> *[[media:747 Bridge Survey Location Request Dec 2019.docx|Bridge Survey Location Request]]<br /> <br /> *[https://epg.modot.org/forms/DE%202017%20Forms/CADD/238.2.18.2_Plat_Review_Checklist.pdf Form 238.2.18.2 Plat Review Checklist]<br /> <br /> *[https://epg.modot.org/forms/DE%202017%20Forms/CADD/238.2.17_Professional_Land_Surveyor_2013.doc Professional Land Surveyor Description Review Form]<br /> <br /> *[https://epg.modot.org/forms/DE%202017%20Forms/DELiaison/238.2_Sample_Letter_Notifying_Property_Owner_of_Survey.doc Sample Letter Notifying Property Owner of Survey]<br /> <br /> ==External Civil Rights==<br /> <br /> ===DBE===<br /> :*[https://epg.modot.org/forms/CM/CUF_Determination_Form.pdf Commercially Useful Function (CUF) Determination Form]<br /> <br /> :*[https://www.modot.org/media/26953 DBE and Non-DBE Subcontractor Report Form]<br /> <br /> :*[https://www.modot.org/media/245 DBE Contractor/Subcontractor Project Trucker and Equipment List]<br /> <br /> :*[https://epg.modot.org/files/5/57/101_DBE_Identification_Submittal_Form.pdf DBE Identification Submittal Form]<br /> <br /> :*[https://epg.modot.org/forms/CM/DBE_Substitution_Form.pdf DBE Substitution Form]<br /> <br /> ===OJT===<br /> :*[https://www.modot.org/media/14124 OJT-1, Trainee Notification]<br /> <br /> :*[https://www.modot.org/media/331 OJT-2, Contractor Monthly Trainee Report]<br /> <br /> :*[https://www.modot.org/media/14125 OJT-3, Trainee Completion Report] <br /> <br /> :*[https://www.modot.org/media/14126 OJT-4, Trainee Contact]<br /> <br /> :*[https://www.modot.org/media/332 OJT-5, Trainee Discrimination Complaint]<br /> <br /> :*[https://www.modot.org/media/12141 OJT-6, Training Summary]<br /> <br /> ===Workforce Diversity JSP===<br /> :*[[media:101 Contractor's Monthly New Employee Report.pdf|Contractor's Monthly New Employee Report]]<br /> <br /> :*[https://www.modot.org/media/12336 MoDOT Cumulative Workforce Hours Report (Workforce Monthly Report)]<br /> <br /> :*[https://www.modot.org/sites/default/files/documents/WF-1_New_Hire_Notification.pdf New Hire Notification]<br /> <br /> :*[[media:101 Sample Company Workforce Diversity Job Special Provision Action Plan.docx|Sample Company Workforce/Diversity Job Special Provision Action Plan]]<br /> <br /> :*[https://www.modot.org/media/12337 Workforce Pre-Construction Diversity Plan Report]<br /> <br /> ==Financial Services==<br /> *[[media:235 Agreements Checklist.doc|Agreements Checklist]]<br /> <br /> ==Highway Safety/Traffic==<br /> *[[media:902.5.8.3.1 checklist.xlsx|Statewide Signal/Lighting/Flasher Preventive Maintenance Checklist]]<br /> <br /> ==Maintenance==<br /> *[[media:127.29.9 FRCP.pdf|Facility Runoff Control Plans (FRCP)]]<br /> <br /> *[http://sharepoint/systemdelivery/TR/mo/travinfoitsworkzonemanagment/workzones/Shared%20Documents/Inspections/WorkZone_Inspection-form%202014.pdf Work Zone Inspection Form]<br /> <br /> ===Chip Seal Forms===<br /> *[http://wwwi/maintenance/Forms/App%20Adjust%20Form.pdf Application Adjustment Factor Form]<br /> *[http://wwwi/maintenance/Forms/Traffic%20Eval%20Factor.pdf Traffic Evaluation Factor (TEF) for Asphalt Application Adjustment]<br /> <br /> ===Bridge Maintenance===<br /> *[[media:101 Maintenance - blankinspreport.pdf|Blank Inspection Report]]<br /> *[[media:101 Maintenance - bridgemaintenancerepairreport.xls|Bridge Maintenance Repair Report (Excel)]]<br /> *[http://ghepg01/forms/BR/774_Cathodic_System_Evaluation.dotx Cathodic System Evaluation]<br /> *[[media:101 Maintenance - CIF - Written form.dot|CIF (Critical Inspection Finding)]]<br /> *[[media:101 Maintenance - Follow-up Action Required-Written form.doc|FAR (Follow-Up Action Required)]]<br /> *[[media:101 Maintenance - maintmatlusage.xls|Maintenance Material Usage (Excel)]]<br /> *[[media:101 Maintenance - Maintenance Recommendation Report.pdf|Maintenance Recommendation Report]]<br /> *[[media:101 Maintenance - paintdatareportformblank.xls|Paint Data Report (Excel)]]<br /> *[[media:101 Maintenance - Photo Log.xls|Photo Log Sheet (Excel)]]<br /> <br /> ===Snow &amp; Ice Control===<br /> *[[media:101 Maintenance - Snow and Ice Control Equipment Inventory.xls|Snow and Ice Control Equipment Inventory (Excel)]]<br /> *[[media:101 Maintenance - Chemical Requirements.xls|Chemical Requirements (Excel)]]<br /> *[[media:101 Maintenance - Salt Storage.xls|Salt Storage (Excel)]]<br /> <br /> ===Rest Areas===<br /> *[[media:101 Maintenance - Rest Area Truck Parking.xls|Rest Area Truck Parking (Excel)]]<br /> *[[media:101 Maintenance - REST AREA inspection_2005.doc|Rest Area Inspection]]<br /> <br /> ===Commuter Lots===<br /> *[[media:101 Maintenance - Commuter Lot Inspection Form.xls|Commuter Lot Inspection (Excel)]]<br /> *[[media:101 Maintenance - Commuter Lot Survey.pdf|Commuter Lot Survey]]<br /> <br /> ===Disasters===<br /> *[[media:101 Maintenance - DDIR.xls|Detailed Damage Inspection Report (Excel)]]<br /> *[[media:101 Maintenance - Non Federal Aid Route DDIR.xls|FEMA Detailed Damage Inspection Report (Excel)]]<br /> <br /> ===Performance Indicators===<br /> <br /> ===Pavement Management===<br /> <br /> ==Motor Carrier Services==<br /> *[https://www.modot.org/HazWaste Hazardous Waste Transport Forms]<br /> <br /> *[https://www.modot.org/HHGoods Household Goods Transport Forms, Tariff Information, ''Moving in Missouri'' brochure]<br /> <br /> *[https://www.modot.org/IFTA International Fuel Tax Agreement Forms]<br /> <br /> *[https://www.modot.org/IRP International Registration Plan Forms]<br /> <br /> *[https://www.modot.org/MOPA Missouri Operating Authority Forms]<br /> <br /> *[https://www.modot.org/OSOW Oversize Overweight Permitting Forms]<br /> <br /> *[https://www.modot.org/SC Missouri Intrastate Skill Performance Evaluation for Medical Exemption Forms]<br /> <br /> *[https://www.modot.org/WasteTire Waste Tire Transporter Forms]<br /> <br /> ==Planning==<br /> *[https://epg.modot.org/forms/MCS/MCS%20MoDOT%20Letterhead.dot MTFC Letterhead]<br /> <br /> ==Right of Way==<br /> *[https://epg.modot.org/forms/RW/RW%20Mortgage%20Analyzer.xlt RW Mortgage Analyzer (Excel)]<br /> ===General Information===<br /> ===Right of Way Organization and Personnel===<br /> ===Administration===<br /> <br /> *[https://epg.modot.org/forms/RW/Chapter%203_Administration/RW%20Cost%20Estimate%20Form%203.3.3B.docx Acquisition Complete Cost Estimate Worksheet_(Form 3-3_3B)]<br /> <br /> *[http://eprojects/Templates/RW/Chapter%203_Administration/Categorical%20Exclusion%20Review_Form%203-1_2.docx Categorical Exclusion Review_(Form 3-1_2)]<br /> <br /> *[https://epg.modot.org/forms/RW/Chapter%203_Administration/RW%20Cost%20Estimate%20Worksheet%20Form%203.3.3A.docx Right of Way Cost Estimate Worksheet_(Form 3-3_3A)]<br /> <br /> ===Description Writing and Titles===<br /> <br /> *[https://epg.modot.org/forms/RW/Chapter%204_Description%20Writing%20&amp;%20Titles/Affidavit%20of%20Scriveners%20Error%20Form%204_6_4a.docx Affidavit of Scrivener's Error (Form 4-6.4a)]<br /> <br /> ===Property Management===<br /> <br /> *[http://eprojects/Templates/RW/Chapter%205_Property%20Management/Real%20Estate%20Risk%20Assessment%20Form.pdf Real Estate Risk Assessment Form]<br /> <br /> *[http://eprojects/Templates/RW/Chapter%205_Property%20Management/Realty%20Asset%20Sale%20Legal%20Opinion%20Memo.docx Realty Asset Sale Legal Opinion Memo]<br /> <br /> *[https://epg.modot.org/forms/RW/Chapter%205_Property%20Management/Request%20for%20Excess%20Parcel%20Survey%20Form%20236.5.19a.docx Request for Excess Parcel Survey (Form 236.5.19a)]<br /> <br /> ===Appraisal and Appraisal Review===<br /> ===Negotiation===<br /> ===Relocation Assistance Program===<br /> <br /> *[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Advance%20Increased%20Interest%20Payment%20Agreement%20Form%20236.8.11.4.D.2.docx Advance Increased Interest Payment Agreement (Form 236.8.11.4(d)(2))]<br /> <br /> *[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Advance%20Replacement%20Housing%20and%20Increased%20Interest%20Pmt%20Agreement%20Form%20236.8.11.4.D.1.docx Advance Replacement Housing and Increased Interest Payment Agreement (Form 236.8.11.4(d)(1))]<br /> <br /> *[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20Residential%20Property%20Form%20236.8.9.3.E.1.docx Condemnation Agreement Residential Property (Form 236.8.9.3(e)(1))]<br /> <br /> *[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocation%20Report%20Form%20236.8.6.4.docx Relocation Report (Form 236.8.6.4)]<br /> <br /> *[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocatee%20Needs%20Questionnaire%20Form%20236.8.5.2.docx Relocatee Needs Questionnaire]<br /> <br /> ===Asbestos Abatement-Removal of Building Improvement===<br /> ===Right Of Way Condemnation===<br /> ===Mediation===<br /> ===Quality Assurance Reviews===<br /> ===Designing Right of Way Plans===<br /> ===Change in Route Status Report===<br /> ===Requests from Cities for Annexations===<br /> ===[[236.16 Outdoor Advertising#Failure to provide|Outdoor Advertising]]===<br /> <br /> ===Junkyards===<br /> <br /> * [[media:236.17 Application for License to Maintain a Junkyard.docx|Application for License to Maintain a Junkyard]]<br /> <br /> ===Local Public Agency Land Acquisition===<br /> <br /> [[image:101 bottom.jpg|center|1025px]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=236.8_Relocation_Assistance_Program&diff=51778 2022-08-23T20:24:27Z

<p>Hallej1: /* 236.8.1.24 Manner of Notices */</p> <hr /> <div>{| style=&quot;padding:0.3em; margin-left:15px; border:1px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;320px&quot; align=&quot;right&quot;<br /> |-<br /> |'''Forms and Information'''<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/90-Day%20Owner-Occupant%20Home%20or%20Mobile%20Form%20236.8.3.3.B.docx 90-Day Owner-Occupant Conventional Home or Mobile Home (Form 236.8.3.3(b))]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%208_Relocation/Acquisition%20Statement%20Form%20236.8.5.8.B.pdf Acquisition Statement (Form 236.8.5.8(b))]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%208_Relocation/Actual%20Cost%20Self%20Moves%20Form%20236.8.6.8F.docx Actual Cost Self Moves (Form 236.8.6.8(f))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Advance%20Increased%20Interest%20Payment%20Agreement%20Form%20236.8.10.4.D.2.pdf Advance Increased Interest Payment Agreement (Form 236.8.10.4(d)(2))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Advance%20Replacement%20Housing%20and%20Increased%20Interest%20Pmt%20Agreement%20Form%20236.8.10.4.D.1.pdf Advance Replacement Housing and Increased Interest Payment Agreement (Form 236.8.10.4(d)(1))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation (Form 6.4.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Business%20or%20Farm%20Operation%20Fixed-Payment%20Claim%20Form%20236.8.7.3.docx Business or Farm Operations Fixed-Payment Claim (Form 236.8.7.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Business%20Relocation%20Brochure.docx Business Relocation Brochure]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Certification%20Concerning%20Legal%20Residency%20in%20the%20USA%20Form%20236.8.4.2.A.pdf Certification Concerning Legal Residency in the United States (Form 236.8.4.2(a))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20other%20than%20Residential%20Property%20236.8.8.3.E.2.pdf Condemnation Agreement other than Residential Property (Form 236.8.8.3(e)(2))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20Residential%20Property%20Form%20236.8.8.3.E.1.pdf Condemnation Agreement Residential Property (Form 236.8.8.3(e)(1))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Decent%20Safe%20and%20Sanitary%20Inspection%20Report%20Form%20236.8.5.4.A.pdf Decent, Safe and Sanitary Inspection Report (Form 236.8.5.4(a)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Down%20Payment%20Claim%20Form%20236.8.12.5.pdf Down Payment Claim (Form 236.8.12.5)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Down%20Payment%20Escrow%20Agreement%20Form%20236.8.12.4.pdf Down Payment Escrow Agreement (Form 236.8.12.4(a))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%2090-Day%20Owner%20Mobil%20Home%20Replace%20Pmt%20Form%20236.8.3.3.A.1.docx Eligibility Notice 90-Day Owner-Occupant of Mobile Home Replacement Housing Payment (Form 236.8.3.3(a)(1))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%2090-Day%20Mobile%20Home%20Site%20Form%20236.8.3.3.A.2.docx Eligibility Notice 90-Day Owner-Occupant of Mobile Home Site (Form 236.8.3.3(a)(2))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Owner%20Occupant%20Form%20236.8.3.3.A.docx Eligibility Notice Owner-Occupant (Form 236.8.3.3(a))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Tenants%20and%20of%20Mobile%20Home%20Sites%20Form%20236.8.3.3.C.1.docx Eligibility Notice Tenants and Tenants of Mobile Home Sites (Form 236.8.3.3(c)(1))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Condemnation%20partial%20discplacement%20Form%20236.8.14.2.D.2.A.docx First Vacancy Notice - Condemnation, Partial Displacement Owner-Occupants, Owner-Non-Occupants and Tenants (Form 236.8.14.2(d)(2)(a))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Condemnation%20Form%20236.8.14.2.D.2.B.docx First Vacancy Notice - Condemnation, Partial Displacement Owner-Occupants, Owner-Non-Occupants and Tenants (Form 236.8.14.2(d)(2)(b))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Condemnation%20Total%20Form%20236.8.14.2.D.1.C.docx First Vacancy Notice - Condemnation, Total Displacement Owner-Occupants (Form 236.8.14.2(d)(1)(c))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20-%20Cond%20Tot%20Displ%20Tenant%20and%20owner%20Form_236.8.14.2.D.1A.docx First Vacancy Notice - Condemnation, Total Displacement Tenants and Owner-Occupants (Form 236.8.14.2(d)(1)(a))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Cond%20Total%20Disp%20Form%20236.8.14.2.D.1.B.docx First Vacancy Notice - Condemnation, Total Displacement Tenants and Owner-Occupants (Form 236.8.14.2(d)(1)(b))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Fixed%20Payment%20Moving%20Cost%20Claim%20Form%20236.8.6.8.D.pdf Fixed-Payment Moving Cost Claim (Form 236.8.6.8(d))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Fixed%20Payment%20Moving%20Cost%20Schedule%20Form%20236.8.6.8.C.pdf Fixed-Payment Moving Cost Schedule (Form 236.8.6.8(c))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Initiation%20of%20Negotiations%20Statement%20From%20236.8.5.5.pdf Initiation of Negotiations Statement (Form 236.8.5.5)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Commercial%20Mover%20Bids%20Form%20236.8.6.11.B.pdf Moving Cost Agreement - Actual Cost Commercial Mover - Non-Residential - Bids Available (Form 236.8.6.11(b))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Bids%20Not%20Avail%20From%20236.8.6.11.D.pdf Moving Cost Agreement - Actual Cost - Commercial or Self Move - Non-Residential - Bids and/or Estimates Not Available (Form 236.8.6.11(d))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.11.C.docx Moving Cost Agreement - Actual Cost Self-Move - Non-Residential - Estimates Available (Form 236.8.6.11(c))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Commercial%20Actual%20Cost%20Residential%20Form%20236.8.6.11.A.docx Moving Cost Agreement - Commercial/Actual Cost Residential (Form 236.8.6.11(a))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Commercial%20Form%20236.8.6.12.A.docx Moving Cost Claim - Actual Cost - Commercial Mover (Form 236.8.6.12(a))]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.12.D.pdf Moving Cost Claim - Actual Cost - Self Move (Form 236.8.6.12(d))]<br /> |-<br /> |[[media:RW Mortgage Analyzer1.xls|&quot;New Mortgage Tool Box&quot;]]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/New%20Mortgage%20Toolbox%20Form%20236.8.10.3.E.1.pdf New Mortgage Toolbox (Form 236.8.10.3(e)(1))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Nonprofit%20Organization%20Fixed%20Payment%20Claim%20Form236.8.7.4.pdf Nonprofit Organization Fixed-Payment Claim (Form 236.8.7.4)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Notice%20of%20Claim%20Rejection%20Form%20236.8.15.2.docx Notice of Claim Rejection (Form 236.8.15.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Notice%20of%20Intent%20to%20Acquire%20Form%20236.8.1.27.docx Notice of Intent to Acquire-Relocation (Form 236.8.1.27)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Notice%20Tenants%20not%20within%20RW%20taking%20mobile%20home%20park%20deiscontinued%20Form%20236.8.14.2.H.docx Notice-Tenants not within Right of Way Taking- Mobile Home Park Discontinued (Form 236.8.14.2(h))]<br /> |-<br /> |[https://www.sos.mo.gov/cmsimages/adrules/csr/current/4csr/4c240-124.pdf Regulations Relating to Minimum Standards for Mobile Home Tie-Down System]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Release%20of%20Property%20Form%20236.8.14.3.docx Release of Property (Form 236.8.14.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocatee%20Needs%20Questionnaire%20Form%20236.8.4.2.docx Relocatee Needs Questionnaire (Form 236.8.4.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocation%20Business%20Reestablishment%20Cost%20Agreement%20Form%20236.8.6.6.pdf Relocation Business Reestablishment Cost Agreement (Form 236.8.6.6)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%208_Relocation/Relocation%20Housing%20Possession%20Agreement%20Form%20236.8.8.1C.1.pdf Relocation Housing Possession Agreement (Form 236.8.8.1(c))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocation%20Housing%20Possession%20Agreement%20Form%20236.8.8.1C.1.pdf Relocation Housing Possession Agreement (Down Payment) (Form 236.8.8.1(c)(1))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocation%20Report%20Form%20236.8.5.4.pdf Relocation Report (Form 236.8.5.4)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%208_Relocation/Rental%20Subsidy%20Claim%20Form%20236.8.11.5.pdf Rental Subsidy Claim (Form 236.8.11.5(a))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Rental%20Subsidy%20Offer%20Computation%20Sheet%20Form%20236.8.11.3.B.pdf Rental Subsidy Offer Computation Sheet (Form 236.8.11.3(b))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Claim%20Form%20236.8.8.4.B.pdf Replacement Housing Claim (Form 236.8.8.4(b))]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%208_Relocation/Replacement%20Housing%20Comparison%20Record%20Form%20236.8.8.3.B.pdf Replacement Housing Comparison Record (Form 236.8.8.3(b))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Escrow%20Agreement%20Form%20236.8.8.1.B.pdf Replacement Housing Escrow Agreement (Form 236.8.8.1(b))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Request%20for%20Appeal%20Hearing%20Form%20236.8.15.3.docx Request for Appeal Hearing (Form 236.8.15.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.docx Residential Relocation Brochure]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist] <br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Supplemental%20Rental%20Subsidy%20Computation%20Form%20236.8.11.3.B.S.pdf Supplemental Rental Subsidy Computation (Form 236.8.11.3(b)(s))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Tenant%20Eligibility%20Notice%20Rental%20Subsidy%20Form%20236.8.3.3.C.2.docx Tenant Eligibility Notice Rental Subsidy (Form 236.8.3.3(c)(2))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Uniform%20Act%20Report.pdf &quot;Uniform Act Report&quot;]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Vacancy%20Notice%20Negotiated%20Stmt%20Partial%20Disp%20Form%20236.8.14.2.B.docx Vacancy Notice, Negotiated Settlement, Partial Displacements (Form 236.8.14.2(b))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Vacancy%20Notice%20Negotiated%20Settlement%20Total%20Displ%20Tenants%20Form%20236.8.14.2.C.1.docx Vacancy Notice Negotiated Settlement Total Displacement, Tenants (Form 236.8.14.2(c)(1))]<br /> |}<br /> <br /> ==236.8.1 General Information==<br /> <br /> ===236.8.1.1 Applicability of the Relocation Program===<br /> <br /> '''(a) Missouri Department of Transportation Projects'''<br /> <br /> The Relocation Assistance and Payment Program is applicable to all Missouri Department of Transportation projects (both federal-aid and non federal-aid), which require the acquisition of real estate. (See [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(c)(6)]], for exceptions relating to voluntary sales.)<br /> <br /> '''(b) Local Public Agencies'''<br /> <br /> These policies and procedures are fully applicable for all local public agency highway projects which involve federal financing in any part of the project, unless the local public agencies provide their own written guidelines for compliance with the Federal Highway Administration regulations for administering the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended.<br /> <br /> Policy and procedural guides prepared by local public agencies must be approved by the [https://spexternal.modot.mo.gov/sites/de/SitePages/CO%20RW%20Staff.aspx Right of Way Section] office and the Federal Highway Administration prior to implementation.<br /> <br /> '''(c) Applicable Law and Effective Date of Relocation Program'''<br /> <br /> The &quot;Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,&quot; which was signed into law by the President of the United States on January 2, 1971, Uniform Relocation Act Amendments of 1987 as amended and [https://revisor.mo.gov/main/OneSection.aspx?section=523.205 523.205 RSMo] are the authority for this program.<br /> <br /> ===236.8.1.2 Availability of the Relocation Program===<br /> <br /> '''(a) Definition of Availability'''<br /> <br /> The Relocation Assistance and Payment Program is available to eligible individuals, families, businesses, farm operations and nonprofit organizations which are wholly or partially displaced by a Missouri Department of Transportation project. Relocation advisory services (not payments) are also available to any person occupying property immediately adjacent to property acquired for a highway project when the department determines that such person is caused substantial economic injury because of the acquisition.<br /> <br /> '''(b) General Eligibility Requirements'''<br /> <br /> To be eligible for relocation payments (except moving payments) relocatees must legally occupy property that is scheduled for acquisition by the department at the time negotiations are initiated for the subject parcel and also meet minimum ownership and/or occupancy time requirements and other specific requirements as discussed later in this chapter for each of the various relocation payments available. Relocatees who vacate their parcel prior to the initiation of negotiations shall also be eligible (if otherwise qualified) if they were in legal occupancy at the time the department notified them, in writing, with the Notice of Intent to Acquire-Relocation. (Such notices shall not be given as routine procedure or without prior concurrence from the Right of Way Section.) <br /> <br /> '''NOTE''': The preceding General Eligibility Requirements also apply for moving cost payments except that relocatees who move to and legally occupy properties being acquired by the department after the initiation of negotiations can qualify for moving cost payments, but normally for no other type of relocation payment, providing that they are still in occupancy of the subject property at the time it is acquired by the department.<br /> <br /> ===236.8.1.3 Definitions===<br /> <br /> The following definitions are applicable to the Missouri Department of Transportation’s Relocation Program.<br /> <br /> '''(a) Person'''<br /> <br /> :The term &quot;person&quot; includes any individual, family, partnership, company, corporation, organization or association.<br /> <br /> '''(b) Family'''<br /> <br /> :The term &quot;family&quot; means two or more individuals living together in a single-family dwelling unit who are related by blood, adoption, marriage, or legal guardianship who live together as a family unit, plus all other individuals regardless of blood or legal ties who live with and are considered a part of the family unit, or individuals who live together without an identifiable head of household will be considered one family for the purpose of administering the relocation program.<br /> <br /> '''(c) Displaced Person'''<br /> <br /> :A &quot;displaced person&quot; is any person who moves from legally occupied real property, or moves personal property from legally occupied real property, as a direct result of the acquisition of such real property in whole or in part by the department including any person who moved from the real property as a result of the initiation of negotiations for the property or is issued a Notice of Intent to Acquire-Relocation and meets the following applicable criteria:<br /> <br /> (1) '''Initial Occupant'''<br /> <br /> :The term &quot;initial occupant&quot; applies to any person who (1) has been in legal occupancy of the subject real property for not less than 90 consecutive days prior to (a) the initiation of negotiations for the acquisition of such property, or (b) receipt of a written notice of the department's intent to acquire the property, and (2) moves from the subject property (or moves personal property therefrom) subsequent to the initiation of negotiations for such real property. Initial occupants are normally entitled to a RHP and moving costs.<br /> <br /> (2) '''Less Than 90-Day Occupants'''<br /> <br /> :Persons who are in legal occupancy of a subject property at the initiation of negotiations for such property, or at the time they are provided a Notice of Intent to Acquire-Relocation, but who had not been in such occupancy for 90 consecutive days prior, thereto are referred to as &quot;less than 90-Day occupants.&quot;<br /> <br /> :Such persons are normally entitled to reimbursement of moving costs but for no other type of relocation payment unless they cannot afford comparable replacement housing using their own funds. (Under the latter circumstance the relocatee can be paid a RHP, rent supplement or down payment, whichever is applicable, under the Last Resort Housing Program. Payment computation procedures are explained in appropriate sections of this article.)<br /> <br /> :Comparable replacement rental units available to tenants with less than 90-Day occupancy will be considered &quot;affordable&quot; if the monthly rent plus utilities does not exceed the higher of (1) the rent being paid for the displacement unit plus utilities, or (2) 30% of the displaced family's total monthly gross income if the amount is considered “low income” by the [https://www.fhwa.dot.gov/real_estate/policy_guidance/low_income_calculations/index.cfm U.S. Department of Housing and Urban Development’s Annual Survey of Income Limits for the Public Housing and Section 8 Programs]. <br /> <br /> :Comparable replacement dwellings available to displaced owners with less than 90 days occupancy will be considered &quot;affordable&quot; if they can be purchased by the relocatees (1) with a down payment that does not exceed their equity in the displacement dwelling, or (2) without increasing their existing monthly home loan payment, or (3) without creating a monthly home loan payment that exceeds 30% of the family's total monthly gross income if the amount is considered “low income” by the [https://www.fhwa.dot.gov/real_estate/policy_guidance/low_income_calculations/index.cfm U.S. Department of Housing and Urban Development’s Annual Survey of Income Limits for the Public Housing and Section 8 Programs].<br /> <br /> :Other circumstances may indicate the affordability, or lack thereof, of an available replacement dwelling. Recommend potential exceptions to the above procedure on a case-by-case basis to the Right of Way Section.<br /> <br /> (3) '''Subsequent Occupants'''<br /> <br /> :A &quot;subsequent occupant&quot; is a person who is in occupancy of a right of way parcel at the time it is acquired by the department but who was not in occupancy of such parcel at the initiation of negotiations. (A person who initially moves to and occupies a property after the initiation of negotiations and then vacates it prior to the time it is acquired by the department is not a subsequent occupant and is not eligible for relocation assistance or payments.)<br /> <br /> :Subsequent occupants are eligible for relocation advisory assistance and can normally qualify for moving cost payments (including, when applicable, fixed-payment non-residential moving payments) but for no other type of relocation payment unless they cannot afford comparable replacement housing. (Under the latter circumstance, the relocatee can be paid a RHP, rent supplement or down payment, whichever is applicable, under the Last Resort Housing Program.<br /> <br /> :The procedure for determining the &quot;affordability&quot; of comparable replacement housing discussed in the preceding subparagraph for occupants with less than 90 days occupancy is fully applicable for subsequent occupants.<br /> <br /> (4) '''Displaced Tenants and Owners--Not Located Within Right of Way Taking'''<br /> <br /> :'''Tenants''': Residential tenants who occupy a portion of a parcel that is affected by a partial acquisition, but who are not actually located within limits of the acquisition, will normally be eligible for the same relocation payments they would have been eligible to receive had they been located within the acquisition if (1) the right of way acquisition causes the remainder which they occupy to be uninhabitable due to the acquisition of a facility or service that is not replaced, or (2) if they are located in the remainder of a mobile home park that was so severely damaged and/or reduced in size by the right of way acquisition that the owner justifiability discontinues the entire mobile home park operation at the subject site within one year after the department takes physical possession of the portion of the property that was acquired as right of way. <br /> <br /> :'''Owners''': An owner who occupies a remainder that is made uninhabitable due to the acquisition of a facility or service will not be eligible for relocation payments if (1) his/her right of way payment includes damages, in addition to the payment for property and rights acquired from him, which were specifically computed as being adequate to pay for a cure of the deficiencies which makes the remainder uninhabitable, and (2) he/she has the legal right and physical space to accomplish the cure. Owners who are in a position to control the necessity for their displacement, and who can reasonably avoid such necessity, cannot qualify for relocation payments by electing not to provide the cure that they have in reality been paid to accomplish. (Condemnation awards and legal settlements that are equal to or exceed the approved right of way offer will be considered to include payment for such cures if the approved right of way offer included such payment. If a condemnation award or legal settlement is less than the approved right of way offer, request a payment eligibility determination from the Right of Way Division office. <br /> <br /> :Occupants of remainders which become legally and/or physically landlocked due to a right of way acquisition are eligible for the same relocation assistance and payments as occupants of properties which are actually acquired by the department; therefore, routine policies and procedures provided throughout the manual are applicable under this circumstance rather than the special policies and procedures provided in this subparagraph. <br /> <br /> (5) '''Tenant Displaced to Make Room For Rearrangement of Landowners Business Operation'''<br /> <br /> :A tenant who is forced by his/her landlord to vacate the remainder of a partial acquisition to make room for the landlord to rearrange a business operation that was affected by a partial acquisition will normally be considered a displaced person, and as such, will be eligible for the same relocation assistance and payments that he/she would have been entitled to receive if he/she had been located within the acquisition. If an owner-occupied residence is involved in this type situation, provide the facts to the Right of Way Section and request an eligibility determination. <br /> <br /> (6) '''Voluntary Sales'''<br /> <br /> :Owner-occupants who voluntarily sell their property to the department, after being informed in writing that if a mutually satisfactory agreement cannot be reached the property will not be acquired, will normally not be eligible for relocation assistance or payments. Any tenants displaced as a direct result of such voluntary sale will be entitled to relocation benefits. Under certain circumstances, with prior division approval, it is possible an owner who sells voluntarily would be eligible for relocation benefits.<br /> <br /> (7) '''Cancellation of Eligibility as Displaced Person'''<br /> <br /> :Eligibility as a &quot;displaced person&quot; can be cancelled and relocation payment offers withdrawn, normally due to a change in construction plans which eliminates the need for a previously designated right of way parcel, if the person is notified in writing that the individual will not be displaced as originally planned. The written notice must advise that the department will reimburse the person's reasonable expenses incurred to satisfy any binding good faith contractual relocation obligations entered into after they were originally notified of relocation eligibility. Relocation eligibility cannot be cancelled if the person has moved from the subject property.<br /> <br /> '''(d) Relocatee-Displacee'''<br /> <br /> :The terms &quot;relocatee&quot; and &quot;displacee&quot; are synonymous and mean any person who meets the definition of a displaced person.<br /> <br /> '''(e) Partial Displacement'''<br /> <br /> :The term &quot;partial displacement&quot; refers to situations when the acquisition does not require the displacement of the occupant, but does necessitate the removal of items of personal property that are located within the new right of way limits<br /> <br /> '''(f) Total Displacement'''<br /> <br /> :A &quot;total displacement&quot; is one that causes the actual displacement of a person, family, business, farm operation or nonprofit organization.<br /> <br /> '''(g) Initiation of Negotiations for the Parcel'''<br /> <br /> :The term &quot;initiation of negotiations for a parcel&quot; relates to the date on which the department presents the owner of the subject parcel, or their designated representative, a written offer for the property or rights to be acquired. When non-resident owners are involved who cannot be contacted in person, initiation of negotiations for the parcel shall be the date such owner or his/her designated representative received the first communication by mail or telephone from the department in which a monetary offer to purchase is made. (Certified mail with return receipt requested must be used when the above contact is made by mail to establish and document the date that the written offer is received by the relocatee or by their representative.)<br /> <br /> :When property owners donate right of way, they will not be presented a written offer. Under this circumstance, the date that they are invited to execute the &quot;free deed&quot; will be accepted as the initiation of negotiations for the parcel. (The unit file must be documented to show when this action was taken.)<br /> <br /> :When relocatees are provided a &quot;Notice of Intent to Acquire-Relocation&quot; their initiation of negotiations will be the date the property owners, or their representatives, are presented a written offer for their right of way parcel. <br /> <br /> '''(h) Dwelling and Dwelling Site'''<br /> <br /> :The term &quot;dwelling&quot; means the place of permanent or customary residence. It includes a single-family house, a one-family unit in a multi-family building, a unit of a condominium or cooperative housing project, or any other residential unit, including a mobile home.<br /> <br /> :The term “Dwelling Site” means a land area that is typical in size for similar dwellings located in the same neighborhood or rural area.<br /> <br /> '''(i) Comparable Replacement Dwelling'''<br /> <br /> :A &quot;comparable replacement dwelling&quot; is one that is:<br /> <br /> ::(1) Decent, safe and sanitary as defined in the following subparagraph (J).<br /> <br /> ::(2) Functionally equivalent to the displacement dwelling, provides the same utility and adequate in size to accommodate the occupants. While it need not possess every feature of the displacement dwelling, the principal features must be present.<br /> <br /> ::(3) In an area that is not subject to unreasonable adverse environmental conditions, is not generally less desirable than the location of the displaced person's dwelling with respect to public utilities and commercial and public facilities, and is reasonably accessible to the person's place of employment. <br /> <br /> ::(4) On a site that is typical in size for residential development with normal site improvements including customary landscaping. (The site need not include special improvements such as outbuildings, swimming pools and greenhouses.)<br /> <br /> ::(5) Within the financial means of the displaced person.<br /> <br /> :The term &quot;within the financial means of the displaced person&quot; is defined as follows:<br /> <br /> :'''90-Day Owners''': A replacement dwelling will be within the relocatees’ financial means if they are paid a properly computed (&quot;nil&quot; if applicable) replacement housing payment (RHP), a correct increased interest payment and all authorized incidental closing costs.<br /> <br /> :'''Tenants''': A replacement rental dwelling will be within the relocatees' financial means if they are paid a properly computed (&quot;nil&quot; if applicable) rent supplement payment.<br /> <br /> ::(6) Currently available to the displaced persons on the private market unless the relocatees involved are receiving assistance under a Governmental Housing Program before displacement, in which case, a comparable replacement dwelling may reflect similar governmental housing assistance. In any such cases any requirements of the government housing assistance program relating to the size of the replacement dwelling shall apply. (Public housing can be offered to those being displaced from nonpublic housing if they are advised in writing of their right to nonpublic housing and do not object.)<br /> <br /> :'''NOTE''': If replacement dwellings meeting the above requirements are not available on the market, dwellings that exceed those requirements may be treated as comparable replacement housing.<br /> <br /> '''(j) Decent, Safe and Sanitary Dwelling'''<br /> <br /> :The term &quot;decent, safe and sanitary dwelling&quot; means a dwelling which meets applicable housing and occupancy codes. However, if any of the following standards are not met by an applicable code, the following standards shall apply, unless waived for good cause by the Federal Highway Administration. The dwelling shall:<br /> <br /> ::(1) Be structurally sound, weather tight and in good repair.<br /> <br /> ::(2) Contain a safe electrical wiring system adequate for lighting and other electrical devices.<br /> <br /> ::(3) Contain a heating system capable of sustaining a healthful temperature (of approximately 70 degrees) for a displaced person, except in those areas where local climatic conditions do not require such a system.<br /> <br /> ::(4) Be adequate in size with respect to the number of rooms and area of living space needed to accommodate the displaced person. There shall be a separate, well-lighted and ventilated bathroom that provides privacy to the user and contains a sink, bathtub or shower stall, and a toilet, all in good working order and properly connected to appropriate sources of water and to a sewage drainage system. In the case of a housekeeping dwelling, there shall be a kitchen area that contains a fully usable sink, properly connected to potable hot and cold water and to a sewage drainage system, and adequate space and utility service connections for an oven and refrigerator.<br /> <br /> ::(5) Contains unobstructed egress to safe, open space at ground level. If the replacement dwelling unit is on the second floor or above, with access directly from or through a common corridor, the common corridor must have at least two means of egress. (Flexibility in the new regulations will permit decent, safe and sanitary approval of upstairs apartments and sleeping rooms located on the second floor of normal two-story residential dwellings served by one stairway.)<br /> <br /> ::(6) For a disabled displacee be free of any barriers which would preclude reasonable ingress, egress, or use of the dwelling.<br /> <br /> '''(k) Business'''<br /> <br /> :The term &quot;business&quot; means any lawful activity, except farm operations, conducted primarily:<br /> <br /> ::(1) for the purchase, sale, lease, and/or rental of personal and/or real property, and for the manufacture, processing and/or marketing of products, commodities, or any other personal property, or<br /> <br /> ::(2) for the sale of services to the public, or<br /> <br /> ::(3) outdoor advertising display purposes, when the display must be moved as a result of the project, or<br /> <br /> ::(4) by a nonprofit organization that has established its nonprofit status under applicable federal or state law.<br /> <br /> '''(l) Small Business'''<br /> <br /> :A business having not more than 500 employees, working at the site being acquired or displaced by a program or project, which site is the location of economic activity. Sites occupied solely by outdoor advertising signs, displays, or devices do not qualify as a business for purpose of reestablishment expense.<br /> <br /> '''(m) Nonprofit Organization'''<br /> <br /> :The term &quot;nonprofit organization&quot; means an organization that is incorporated under the applicable laws of the state as a nonprofit organization and exempt from paying federal income taxes under Section 501 of the Internal Revenue Code.<br /> <br /> '''(n) Farm Operations'''<br /> <br /> :The term &quot;farm operation&quot; means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.<br /> <br /> '''(o) Contributes Materially'''<br /> <br /> :The term &quot;contributes materially&quot; means that during the two taxable years prior to the taxable year in which displacement occurs a business or farm operation:<br /> <br /> ::(1) had average annual gross receipts of at least $5,000, or<br /> <br /> ::(2) had average annual net earnings of at least $1,000, or<br /> <br /> ::(3) contributed at least 33 1/3 percent of the owner's average annual gross income from all sources.<br /> <br /> :'''NOTE''': It is permissible, with prior approval from the Right of Way Section, to use a different period if more equitable (in lieu of the above two taxable years).<br /> <br /> :See [[236.8 Relocation Assistance Program#236.8.7.1 Fixed Payments - Businesses|EPG 236.8.7.1(a)(1)]], if the business or farm has not been in operation under current ownership for the entire two taxable year period.<br /> <br /> '''(p) Owner'''<br /> <br /> :The term &quot;owner&quot; means an individual (or individuals) who:<br /> <br /> ::(1) owns, legally or equitably, the fee simple estate, a life estate, a 99-year lease (regardless of the length of the unexpired term) or other proprietary interest in the property. Holders of long-term leases, but less than 99-year leases, shall also be considered owners if the unexpired term (including options for extension) after the date of acquisition of the subject parcel totals 50 years or more,<br /> <br /> ::(2) is the contract purchaser or any of the foregoing estates or interests,<br /> <br /> ::(3) has succeeded to any of the foregoing interest by devise, bequest, inheritance or operation of law. In the event of acquisition of ownership by any of the foregoing methods in this subparagraph (3), the tenure of ownership (not occupancy) of the succeeding owner shall include the tenure of the preceding owner,<br /> <br /> ::(4) owns an interest in a cooperative housing project which includes the right to occupy a dwelling, or<br /> <br /> ::(5) any other interest (including leases with less than 50 years unexpired terms) which in the judgment of the department warrants consideration as ownership. (Ownership under this clause must be approved by the Right of Way Section.)<br /> <br /> :The owner, as defined, of a residential dwelling who has owned and occupied the dwelling for at least 90 consecutive days immediately prior to the initiation of negotiations for the subject dwelling is normally referred to as a &quot;90-Day owner.&quot;<br /> <br /> '''(q) Conventional Loan'''<br /> <br /> :Any loan not guaranteed or directly provided by a governmental agency, or not guaranteed through the private purchase of loan insurance (for example, mortgage guarantee insurance) is considered to be a &quot;conventional loan.&quot;<br /> <br /> '''(r) Replacement Housing Payment (RHP)'''<br /> <br /> :In Missouri the term &quot;replacement housing payment&quot; relates only to those payments available to qualified 90-Day owner-occupants to assist in the purchase of replacement housing, computed as the difference between the amount paid to them by the department for their residential property and (1) the amount necessary to purchase the most nearly comparable decent, safe and sanitary replacement housing available, or (2) the amount actually paid for a decent, safe and sanitary replacement, whichever is less.<br /> <br /> '''(s) Subject Property, Subject Parcel and Subject Dwelling'''<br /> <br /> :When the word &quot;subject&quot; is used to identify a property, a parcel or a dwelling it always relates to the property, parcel or dwelling which is being acquired or affected by the department and is always the property, parcel or dwelling from which a relocatee is being either partially or totally displaced. (The property purchased or rented by the relocatee to replace the &quot;subject property&quot; is identified as the &quot;replacement&quot; property, parcel or dwelling.)<br /> <br /> '''(t) (Displacement Property) Parcel, Dwelling, (Acquisition Property) Parcel, Dwelling'''<br /> <br /> :Are synonymous with &quot;subject property, parcel or dwelling.&quot;<br /> <br /> '''(u) Date of Acquisition'''<br /> <br /> :The term &quot;date of acquisition&quot; refers to the date that the subject property is acquired by the department.<br /> <br /> '''(v) Tenant'''<br /> <br /> :A &quot;tenant&quot; is a person who has the temporary use and legal occupancy of real property owned by another.<br /> <br /> '''(w) Last Resort Housing Program'''<br /> <br /> :The &quot;Last Resort Housing Program&quot; is actually a procedure under which the department can construct, purchase, rehabilitate or otherwise provide dwellings as replacement housing units for displacees when available replacement dwellings cannot be found, or when the computed payment exceeds the maximum amount that is normally paid under the Relocation Program.<br /> <br /> '''(x) Rental Subsidy Payment'''<br /> <br /> :The term &quot;Rental Subsidy Payment&quot; is synonymous with the terms &quot;Rental Differential Payment&quot; and &quot;Rent Supplement&quot; and all relate to the payment available to displaced residential occupants to cover additional rental costs they will experience in renting comparable replacement housing during the 42-month period following their displacement.<br /> <br /> '''(y) Utility Cost'''<br /> <br /> :Term &quot;utility costs&quot; means expenses for heat, lights, water, sewer, trash collection, electricity, gas, other heating and cooking fuels.<br /> <br /> '''(z) Uniform Act'''<br /> <br /> :&quot;Uniform Act&quot; is an abbreviated title for the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended.<br /> <br /> '''(aa) Acquired'''<br /> <br /> :The word &quot;acquired&quot; as used in this manual means the time the property owner, his/her agent or representative receives payment from the department for the property and/or rights being acquired, or if condemnation is involved at the time the condemnation commissioners' award is paid into court.<br /> <br /> '''(bb) Household income'''<br /> <br /> :The term household income means total gross income received for a 12 month period from all sources (earned and unearned) including, but not limited to wages, salary, child support, alimony, unemployment benefits, workers compensation, social security or the net income from a business. It does not include income received or earned by dependent children and full time students under 18 years of age. See appendix A, [https://www.law.cornell.edu/cfr/text/49/24.2 CFR subsection 24.2(a)(14)] for examples of exclusions to income.)<br /> <br /> &lt;div id=&quot;(cc) Mobile home&quot;&gt;&lt;/div&gt;<br /> '''(cc) Mobile home'''<br /> <br /> :The term mobile home includes manufactured homes and recreational vehicles used as residences. See appendix A, [https://www.law.cornell.edu/cfr/text/49/24.2 CFR subsection 24.2(a)(17)] which provides guidance on the types of mobile homes and manufactured housing that are acceptable as comparable replacement dwellings for those displaced from mobile homes.<br /> <br /> ===236.8.1.4 Interest Acquired===<br /> <br /> The type of interest acquired by the department does not affect the eligibility for relocation payments provided the interest acquired is sufficient to cause displacement.<br /> <br /> ===236.8.1.5 Ownership Qualifications===<br /> <br /> '''(a) General Ownership Requirements'''<br /> <br /> :In some instances, occupants must have owned the subject property for specific time periods to be eligible for certain types of relocation payments. In some instances, payment eligibility requirements also specify that relocatees must purchase and occupy decent, safe and sanitary replacement housing within a specific time after they are required to move from the property acquired by the department.<br /> <br /> :To be considered an owner of the property being acquired or of a replacement property entitled to relocation benefits the relocatee must either own the fee simple title to the property, hold a life estate or possess certain leasehold rights as discussed in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3 (p)]].<br /> <br /> '''(b) Contract to Purchase - Subject Right of Way Parcel'''<br /> <br /> :Relocatees who are in the process of purchasing the property from which they are being displaced under a contract to purchase which legally binds both parties to an agreement that calls for the subsequent transfer of title to the relocatee, is considered qualified if the contract has been in effect for the required ownership time period.<br /> <br /> '''(c) Contract to Purchase - Replacement Parcel'''<br /> <br /> :A relocatee who purchases a decent, safe and sanitary replacement property under a contract to purchase that legally binds both parties, as outlined in the preceding paragraph, within the required time limit, is considered to have met replacement housing ownership eligibility requirements.<br /> <br /> :It is not necessary for title to have actually passed to the subject relocatee under the procedure discussed in preceding subparagraphs (b) and (c) so long as a binding purchase contract is in effect. Contracts to purchase, which involve replacement properties, must be properly recorded in the office of the Recorder of Deeds before claims for relocation payments can be processed for payment if the purchase of a replacement property is an eligibility requirement for the type payment involved unless a written waiver of the recording requirement has been granted in writing by the Right of Way Section. (Requests for such waivers presented to the division office must explain why there is an objection to recording the contract and must be accompanied by a copy of the subject contract.) In every case, when doubt exists concerning the legality or terms of a particular purchase contract, submit a copy thereof to the Right of Way Section for final determination.<br /> <br /> '''(d) Owner's Acquisition by Devise, Bequest, Inheritance or Operation of Law'''<br /> <br /> :Relocatees who acquire a property that is scheduled for right of way acquisition by devise, bequest, inheritance or operation of law are considered to have met the ownership time eligibility requirements (but not necessarily the occupancy requirements) if the time they have owned the property since acquiring it plus the time it was owned by the person or persons from whom they acquired it totals the required time period.<br /> <br /> :This policy applies even though the relocatees &quot;inherited&quot; the subject property after the initiation of negotiations for the property. It also applies if the inheritance occurred after the original owners signed their right of way deed conveying the subject property to the department or after the property was condemned if the right of way consideration, or if applicable the condemnation commissioners' award, had not been paid, and as a consequence, title had not passed to the department.<br /> <br /> '''(e) Part Owners, Partnerships, Estate Members, Subject Right of Way Parcel'''<br /> <br /> :If a dwelling acquired by the department is partially owned by those who occupy it and partially owned by other parties who are not in occupancy, those in occupancy shall be eligible, if otherwise qualified, for relocation payments as an owner-occupant.<br /> <br /> :Estates are not eligible for RHP, incidental closing costs, increased interest payments, rental subsidy payments, or down payment assistance, but are entitled, when otherwise eligible, to moving cost payments, as well as &quot;fixed-payment&quot; moving cost payment (non-residential).<br /> <br /> :It is not necessary that the &quot;other party&quot; who owned an interest in the subject, but did not occupy it, also purchase an interest in the replacement. The name of the &quot;other party&quot; should not be included as payee on the RHP check. This is true even though a husband and wife owned the subject and one was in occupancy and the other resided elsewhere. (Be very sure that part owners &quot;residing elsewhere,&quot; especially if a husband and wife are involved, do not have a legitimate claim that the subject was actually their permanent and legal residence, even though they had a secondary and/or temporary residence elsewhere.)<br /> <br /> '''(f) Part Owners and Partnerships--Replacement Property'''<br /> <br /> :Those displaced by an acquisition can normally qualify for appropriate relocation payments if they purchase a decent, safe and sanitary replacement in partnership with other parties; however, the amount of such payments will normally be affected due to the fact that the subject relocatee does not purchase full ownership in the replacement.<br /> <br /> :Relocatees who qualify as owners due to having a life estate in the subject or by holding a long-term lease thereon can normally qualify for relocation payments, if they acquire at least the same interest in the replacement as they held in the subject.<br /> <br /> '''NOTE''': Other Parties Named In Deed Solely For Legal Purposes<br /> <br /> :In cases when parties other than the original owner-occupants are also named in the deed for the replacement property solely for legal purposes, for example, when the names of parents are included on a deed for loan purposes when their minor child purchases property, it may be possible, with prior approval from the Right of Way Section, to consider the original owner-occupants as sole owners of the replacement for the purpose of computing and paying applicable relocation payments. Requests for authority to apply this policy exception must be accompanied by a notarized affidavit, signed by all owners of record, stating that those involved who were not original owner-occupants invested no funds and claim no actual ownership in the replacement property and that such non-occupants waive any and all rights and/or claims for assistance and/or payments authorized under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. (The possible policy exception discussed in this &quot;NOTE&quot; could also be applied in principle to preceding subparagraph (e) which deals with the subject property.)<br /> <br /> '''(g) Properties Involved in Foreclosures'''<br /> <br /> :If a relocatee is being displaced from a property that is in the process of being, or which has been foreclosed, present all facts involved to the Right of Way Section in writing and request specific advice concerning relocation payment eligibility.<br /> <br /> ===236.8.1.6 Availability of Comparable Replacement Dwelling Prior to Displacement===<br /> <br /> Residential relocatees shall not be required to vacate their dwellings unless at least one comparable replacement dwelling (preferably three) has been made available to them. A comparable replacement dwelling will be considered to have been made available if:<br /> <br /> :(1) The relocatee is informed of its location.<br /> <br /> :(2) The relocatee has sufficient time to negotiate and enter into a purchase agreement or lease for the replacement dwelling or for other comparable housing (relocatees must not be required to move from their displacement dwelling until at least 90 days after they are advised in writing of the amount of their RHP offer to ensure that they have sufficient time to negotiate for a comparable replacement dwelling).<br /> <br /> :(3) The relocatees are ensured of receiving the relocation assistance and acquisition compensation to which they are entitled in sufficient time to complete the purchase or lease of a replacement dwelling unit.<br /> <br /> Residential relocatees cannot normally be evicted from an acquired dwelling unless a comparable replacement dwelling unit is currently available.<br /> <br /> '''NOTE''': If two or more families occupy the same single-family dwelling unit, the department should first attempt to locate a replacement unit that is comparable to the subject unit which will enable the families to relocate together; however, if such comparable is not available, the department's obligation to provide comparable replacement housing will be met if a separate decent, safe and sanitary replacement unit is made available to each family which provides functional comparability to the space and utility they enjoyed in the displacement dwelling.<br /> <br /> ===236.8.1.7 Eviction for Cause===<br /> <br /> Eviction for cause must conform to applicable state and local law. Any person who occupies the real property and is in lawful occupancy on the date of the initiation of negotiations, is presumed to be entitled to relocation payments and other assistance set forth in this part unless the agency determines that:<br /> <br /> :(a) the person received an eviction notice prior to the initiation of negotiations and as a result of that notice is later evicted, or<br /> <br /> :(b) the person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease or occupancy agreement, and<br /> <br /> :(c) in either case, the eviction was not undertaken for the purpose of evading the obligation to make available the payments and other assistance set forth in this part.<br /> <br /> For purposes of determining eligibility for relocation payments, the date of displacement is the date the person moves, or if later, the date a comparable replacement dwelling is made available. This section applies only to persons who would otherwise have been displaced by the project.<br /> <br /> ===236.8.1.8 Incompetent Owner or Occupant===<br /> <br /> If an owner and/or occupant is encountered who has been legally declared incompetent, the Relocation Program must be explained to his or her legal guardian. Guardians will normally have authority to sign relocation payment claims, accept possession notices and handle the details related to their ward's displacement. If any complications are encountered, provide all facts to the Right of Way Section and request specific instructions.<br /> <br /> ===236.8.1.9 Relocatee Dies During Displacement Period===<br /> <br /> '''(a) Relocatee Dies Prior to Occupying Replacement Housing'''<br /> <br /> :The following instructions apply when relocatees who are eligible for RHP, rental subsidy payments, down payment assistance, increased interest payments or moving costs die before they actually occupy a replacement dwelling:<br /> <br /> ::(1) If the deceased is the head of a household or the member of a displaced family, the relocation payment would not be affected.<br /> <br /> ::(2) If the deceased was the only occupant of the unit acquired by the department, the payment would be forfeited as the individual would never actually occupy the replacement dwelling. (Any portion of a RHP necessary to satisfy the legal obligation of an estate in connection with the selection of a replacement dwelling by or on behalf of a deceased person shall be disbursed to the estate.)<br /> <br /> '''(b) Claims Executed Prior to Relocatee's Death'''<br /> <br /> :The unpaid relocation claim of an eligible deceased relocatee that had been signed and notarized prior to his/her death should be processed for payment in the routine manner. The claim payment check should be forwarded to the administrator of the relocatee's estate together with an explanation of the relocation payment involved. If an estate has not been opened and/or an administrator has not been appointed, present the facts involved to the Right of Way Section and request specific instructions concerning delivery of the check.<br /> <br /> '''(c) Claims Not Executed Prior to Relocatee's Death'''<br /> <br /> :If a head of household dies after qualifying for a relocation payment, but before executing his/her claim, it is permissible to accept, process and pay a claim executed by the administrator of his/her estate. The claim payment check will be delivered to the administrator.<br /> <br /> :If the head of household dies prior to filing a claim that qualifies for payment and an estate has not been opened, or an administrator has not been appointed, present the facts to the Right of Way Section and request instructions concerning execution of the claim and delivery of the payment check. (Under some circumstances the succeeding head of household can execute the claim form.)<br /> <br /> ===236.8.1.10 Rest Home and Nursing Home Patrons===<br /> <br /> The term &quot;rest home&quot; as used herein also applies to nursing homes, convalescence homes and other similar establishments.<br /> <br /> In applying the following policy, it will be necessary to determine whether a subject rest home patron is a temporary or permanent occupant of the rest home.<br /> <br /> A temporary patron is one who is in the rest home on a temporary basis during an illness, convalescence, or illness recovery period, and is currently maintaining a permanent residence elsewhere, which the individual intends to reoccupy when able to do so.<br /> <br /> A permanent patron is one who has made the rest home his/her permanent place of residence, is not maintaining a residence elsewhere, and has no plan to leave the rest home at a later date.<br /> <br /> The Right of Way Section will, upon written request, assist in determining whether a subject relocatee is a temporary or permanent rest home patron.<br /> <br /> :'''(a) Moving Cost--Rest Home Displaced'''<br /> <br /> :When a displaced rest home operation is moved by its owner and reestablished in a new location, the individual patrons involved (both temporary and permanent) will not be entitled to relocation payments if the cost of moving them from the existing home to the replacement is borne by the rest home owner. (The rest home owner will be reimbursed for such moving costs as part of the routine business moving cost payment.)<br /> <br /> :If permanent patrons are forced to move to a new location at their own expense, and are not moved by the rest home owner as part of his/her business move, they shall be entitled to a routine residential moving cost payment based either on actual costs, or on the fixed-payment schedule, as the occupant of a furnished sleeping room.<br /> <br /> :If temporary patrons are forced to move to a new location at their own expense, they shall be entitled to a moving cost payment which also applies when the temporary patrons merely returns to their permanent residence.<br /> <br /> :'''(b) Rental Subsidy Payments--Rest Home Displaced'''<br /> <br /> :Rental subsidy payments are not available to temporary rest home patrons who maintain permanent and legal residences elsewhere. A permanent rest home patron, who is displaced due to the department's acquisition of the rest home, will not be entitled to a rental subsidy payment, if the subject rest home is relocated, remains in operation, and is available to him/her after it is relocated unless the existing rental fee is actually increased after the home is relocated.<br /> <br /> :If the displaced rest home does not relocate and does not continue in operation after displacement, and the permanent patron will be forced to relocate to a different rest home, the individual will normally be entitled to a rental subsidy payment computed as follows:<br /> <br /> ::(1) Determine the portion of the total monthly rental fee being paid by the relocatee prior to displacement that is chargeable to basic &quot;room rent,&quot; which normally includes utilities. It will be necessary to &quot;carve out&quot; and separate the basic room rent payment from nursing services, food, and other services paid for in the overall monthly payment. (Records maintained by the rest home may establish the basic room rental fee, if not, the determination must be made and documented by a department appraiser in the same manner that any other proration is made.)<br /> <br /> ::(2) Locate the most nearly comparable replacement rest home available to the relocatee and determine the portion of the total monthly rental fee charged for the replacement that is chargeable to basic room rent in the same manner as discussed in paragraph (1) above.<br /> <br /> ::(3) Compute the rental subsidy payment in the routine manner based on the difference between the &quot;basic room&quot; rental fees charged by the displaced rest home and the replacement rest home, or on the difference between the fee charged by the displaced rest home and the replacement fee actually paid by the relocatee, whichever is less. To determine if the 30% rule (as referenced in EPG 236.8.1.3(c)(2)) applies, each case will have to be discussed with the Right of Way Section individually. <br /> <br /> '''NOTE''': If the payment computation procedure discussed in this subparagraph creates an undue hardship on a relocatee, provide all facts to the Right of Way Section together with a recommendation for alleviating the hardship.<br /> <br /> :'''(c) Moving Costs--Rest Home Patrons' Property Acquired by the Department (Applicable to Both Tenants and Property Owners'''<br /> <br /> :If a residential, business or farm property is acquired by the department while its owner or tenant is the patron of a rest home (either temporary or permanent patron), such owner or tenant is entitled to the routine applicable moving cost payment.<br /> <br /> :'''(d) Residential Relocation Payments--Rest Home Patrons' Property Acquired by the Department (Applicable to Both Tenants and Property Owners'''<br /> <br /> :Temporary rest home patrons who maintain permanent residences elsewhere that are being acquired by the department, are entitled to any relocation payment they are otherwise eligible to receive and the fact that they are temporarily residing in a rest home has no effect on such payments. Permanent rest home patrons may own residential property occupied by others, or unoccupied. If they do, they are normally entitled to actual cost moving payments.<br /> <br /> '''NOTE''': If an owner-occupant or tenant who is displaced from a conventional dwelling unit, or from a mobile home, moves to and becomes a permanent occupant of a rest home, they can qualify for a rental subsidy payment, if otherwise eligible, provided that such rest home meets decent, safe and sanitary standards. In determining the amount actually paid by the relocatee for their &quot;replacement unit&quot; consider the &quot;basic room rental fee.&quot; (If a relocatee moves to a rest home on a temporary basis after displacement, provide all facts involved to the Right of Way Section and request instructions before making any commitments to the relocatee.)<br /> <br /> ===236.8.1.11 Displaced Students===<br /> <br /> :'''(a) Moving Costs'''<br /> <br /> :Students who are displaced from &quot;temporary&quot; housing, normally furnished rooms they occupy during the school year (those who return to their permanent homes during summer vacations), are entitled to routine moving cost payments, either fixed payment or actual costs, if their displacement occurs during the school year and they, of necessity, move to other temporary housing.<br /> <br /> :If the displacement occurs at the end of the school year, or during summer vacation, students who merely return to their permanent homes shall, if otherwise eligible, be entitled to a moving cost payment.<br /> <br /> :Students who occupy housing on a &quot;year-round&quot; basis, shall be entitled to the same moving cost payments as any other displaced tenant.<br /> <br /> :'''(b) Rental Subsidy and Down Payment Assistance'''<br /> <br /> :Students occupying housing on a temporary basis during the school year, as discussed in preceding subparagraph (a), and have permanent homes elsewhere, are normally not entitled to either rental subsidy or down payment assistance. Students who occupy housing on a full-time &quot;year-round&quot; basis, and establish such housing as their permanent and legal residence, shall be entitled to the same relocation payments as any other displaced tenant. (The Right of Way Section will, upon written request, assist in determining whether or not such housing is the student's permanent and legal residence.)<br /> <br /> ===236.8.1.12 Losses Due to Negligence===<br /> <br /> Losses due to negligence on the part of the relocated person, his/her agent or employees are not eligible for reimbursement under the Relocation Program.<br /> <br /> ===236.8.1.13 Relocatee’s Refusal of Assistance===<br /> <br /> There is no provision for the department to authorize relocatees to waive their right to claim relocation payments that they are entitled to receive; therefore, no agreement will be made with any relocatees in which they waive their right to claim such payments, even though they desire to do so. (A relocatee could not be forced to sign and submit a relocation payment claim if the individual elects not to do so.)<br /> <br /> ===236.8.1.14 Rental of Department-Owned Property===<br /> <br /> :'''(a) Renters After Acquisition Not Eligible for Relocation Payments'''<br /> <br /> :Persons who rent property from the state after it has been acquired, vacated and possession obtained from the occupants who were entitled to the original relocation payments, are not eligible for relocation payments.<br /> <br /> :In all cases, when the department rents or leases improved property (except when a routine &quot;Extension of Possession Agreement&quot; is used) whether it be excess land or right of way, the lease must contain the following clause:<br /> <br /> :&quot;Lessee agrees that upon surrender of possession he/she will not be entitled to any payment for moving costs or other relocation payments under any State or Federal Relocation Assistance Program.&quot;<br /> <br /> :'''(b) Only Decent, Safe and Sanitary Units Owned by Department Will Be Available for Rent Except When an Extension of Possession Agreement is Used'''<br /> <br /> :Improved parcels owned by the department that do not meet decent, safe and sanitary standards must not be rented for residential purposes.<br /> <br /> :'''(c) Computation of Rental Rates to be Charged by the Department'''<br /> <br /> :Rental rates are to be established as discussed in the Realty Asset Section.<br /> <br /> :'''(d) Occupant Rents Subject After Acquisition'''<br /> <br /> :If eligible relocatees of a property acquired by the department desire to rent it after the 90-Day possession period has expired, they can normally do so, if the letting schedule permits, without jeopardizing or changing their eligibility for relocation payments. This will normally be accomplished under an Extension of Possession Agreement (RW12).<br /> <br /> ::'''(1) Effect on Residential Moving Cost Payments'''<br /> <br /> ::When residential property is rented back to the occupant by the department, the residential moving cost payment will be made after the move is completed. The payment will be based on the amount of personal property actually moved, unless it is obvious that the quantity of personal property was substantially increased after the property was rented to the relocatee by the department. If a substantial increase is noted, an adjustment will be made in the moving cost payment to eliminate payment for the items added after the property was acquired by the department.<br /> <br /> ::If the fixed-rate moving cost schedule is used, the payment amount will be based on the number of furnished rooms occupied by the relocatee at the time the property was acquired by the department.<br /> <br /> ::'''(2) Effect on Business, Farm and Nonprofit Organization'''<br /> <br /> ::The renting of business, farm or nonprofit property, could create serious problems in administering the Relocation Assistance and Payment Program. For this reason, the district must submit any proposal to rent department-owned property of this type to the Right of Way Section for approval before any commitments are made.<br /> <br /> ::'''(3) Effect on RHPs'''<br /> <br /> ::The RHP offer that is in effect at the end of the routine 90-Day possession period will be the maximum (but not the minimum) RHP that the relocatee can qualify to receive when the relocatee eventually moves and occupies a decent, safe and sanitary replacement dwelling. A replacement housing claim cannot be processed or paid until the relocatee has actually fulfilled all requirements necessary to qualify for this type payment.<br /> <br /> ::The relocatee must be served notice to vacate (at the time the property is needed for construction) under the terms specified in the Extension of Possession Agreement, which will normally be 30-days written notice. (If a specific vacancy date is set out in the agreement, a termination date for the extension of possession, a written vacancy notice will not normally be required.)<br /> <br /> ::'''(4) Effect on Rental Subsidy Payments'''<br /> <br /> ::Tenants, who occupy a dwelling unit being acquired by the department, who are eligible for a rental subsidy payment, can rent the subject parcel after it has been acquired by the department without jeopardizing or changing his/her eligibility for the subsidy payment.<br /> <br /> ::The rental subsidy payment offer that is in effect at the end of the routine 90-Day possession period will be the maximum (but not the minimum) rental subsidy payment the relocatees can be paid when they eventually move to a decent, safe and sanitary replacement rental unit.<br /> <br /> ::The rental subsidy claim cannot be paid until the tenant actually vacates the subject property, moves to a decent, safe and sanitary replacement and otherwise qualifies for the payment.<br /> ::The department will begin collecting rent from the tenant at the end of the 90-Day possession period that is granted to the property owner. (The previous owner, from whom the property was acquired by the department, is entitled to rental payments during this 90-Day possession period.<br /> <br /> ::The tenant must be served with a 30-day written notice to vacate before the department takes possession of the property at the time it is needed for construction purposes under the terms specified in the Extension of Possession Agreement (RW12). (If a specific vacancy date is set out in the agreement, a termination date for the extension of possession, a written vacancy notice will not normally be required.)<br /> <br /> ::The procedure outlined in this subparagraph is also applicable when owners are involved who elect to rent rather than purchase replacement housing.<br /> <br /> ::'''(5) Effect on Down Payment Assistance'''<br /> <br /> ::Eligibility for down payment assistance is not affected if the relocatee rents the subject property after it has been acquired by the department.<br /> <br /> ::'''(6) Effect on Incidental Closing Cost Payments'''<br /> <br /> ::Rentals of this type have no effect on incidental closing cost payments.<br /> <br /> ::'''(7) Effect on Increased Interest Payments'''<br /> <br /> ::Rental of the subject back to its former occupant has no effect on this type relocation payment. The payment will be made to qualified owners when they meet all eligibility requirements.<br /> <br /> :'''(e) Extension of Possession Clauses'''<br /> <br /> :The following clauses must be included in every Extension of Possession Agreement (RW12) that is used in the rental of a subject property back to those occupying it at the time it was acquired by the department:<br /> <br /> ::'''(1)''' It is understood and agreed by both the commission and the lessees that the amounts of any relocation payments to which lessees are entitled shall not in any way be increased due to the continued occupancy authorized herein and it is further agreed that any RHP, rental subsidy payment or down payment assistance to which lessees are eligible, or become eligible to receive, shall not exceed amounts previously determined and offered in writing by the commission to lessees.<br /> <br /> ::'''(2)''' Lessees hereby agree and acknowledge that comparable replacement housing is in place and has been made available to them and that said lessees elect by choice to continue occupancy of the subject in lieu of occupying such available replacement housing. Lessees further specifically assume all responsibility for locating and occupying suitable replacement housing at the time they are required to vacate the subject parcel and that they will hold the commission blameless if suitable replacement housing is not available at that time. Lessees further agree that they shall not refuse to surrender possession upon demand by the commission, under terms specified in this agreement, due to the unavailability of suitable replacement property.<br /> <br /> '''NOTE''': If comparable replacement housing was not available at the time the Extension of Possession Agreement (RW12) was executed, the preceding clause will obviously be omitted from the agreement. If a comparable replacement dwelling unit becomes available at a later date (after the Extension of Possession Agreement has been executed), it is normally permissible to advise the relocatees and serve notice that the agreement is being terminated. If the relocatees prefer to continue renting the subject in lieu of occupying the available replacement, and if the district is willing to continue renting it to them, they can do so provided that they acknowledge in writing that (1) adequate replacement housing is in place and has been made available to them and that they elect by choice to continue occupancy of the subject in lieu of occupying the available replacement, (2) that they specifically assume all responsibility for locating and occupying suitable replacement housing at the time they are required to vacate the subject property and that they will hold the commission blameless if suitable replacement housing is not available at that time, and (3) that they shall not refuse to surrender possession of the subject property upon demand by the commission, under terms specified in the Extension of Possession Agreement, due to the unavailability of suitable replacement property.<br /> <br /> ::'''(3)''' Lessees specifically agree to accept 30-day written notice to vacate subject parcel, as specified in this agreement, in lieu of the 90-Day notice normally issued by the commission when occupancy is not being continued under an Extension of Possession Agreement.<br /> <br /> ::If a specific vacancy date is set out in the agreement, this clause should specify that the lessees agree to vacate on that date and that they specifically agree and understand that an additional notice to vacate will not be required by them or provided by the department.<br /> <br /> '''NOTE''': Do not enter into extension of possession agreements with any party who does not actually occupy the subject property, for example, a non-occupant owner, without specific written authority to do so from the Right of Way Section. Under no circumstances should improved properties be rented, or possession extended, to landlords (owners) who could in turn authorize the occupants (relocatees) being displaced to continue occupancy beyond the routine 90-Day possession period.<br /> <br /> ===236.8.1.15 Relocation Payments Not to be Considered as Income===<br /> <br /> No payment made under the Relocation Program outlined in this manual shall be considered as income for the purpose of the Internal Revenue Code of 1954 which has been redesignated as IRS Code of 1986 or for the purpose of determining the eligibility or the extent of eligibility of any person for assistance under the Social Security Act or any other federal law, except for any federal law providing low income housing assistance, consequentially all payments are not reportable to IRS on Form 1099S.<br /> <br /> :'''(a) Effect of Relocation Payments on Welfare Eligibility '''<br /> <br /> :The above statement also applies in general to state welfare laws; however, if question exists concerning the effect of such relocation payments on the state welfare payment eligibility of specific relocatees, definite answers must be obtained from local state welfare officials. (If a conflict of interpretation is involved, or if inconsistency is noted, provide all facts to the Right of Way Section where a final answer will be obtained from the central office of the welfare agency.)<br /> <br /> '''NOTE''': Relocatees must obtain answers to their questions concerning future welfare payment eligibility from state welfare officials.<br /> <br /> :'''(b) Internal Revenue Service Normally Exempts Relocation Payments From Levy'''<br /> <br /> :If the local Internal Revenue Service field personnel intend to take such levy action, advise the Right of way Section.<br /> <br /> ===236.8.1.16 Delivery of Relocation Payment Checks===<br /> <br /> All checks issued under the Relocation Program (except as noted in the following paragraph) are to be mailed to the designated recipient by certified mail. A letter of transmittal setting out the check number, amount and type of payment (moving cost, replacement housing, etc.) should accompany the check. Attach the certified return receipt to the file copy of the transmittal letter and retain both in the unit file.<br /> <br /> At the discretion of the district Right of Way Manager any full-time right of way employee may be designated to personally deliver payment checks. The unit file must be specifically documented to show who delivered the check.<br /> <br /> :'''(a) Delivery of Checks to Other Parties'''<br /> <br /> :It is permissible to deliver relocation checks to responsible parties other than the relocatees to whom such checks are made payable provided that the subject relocatee specifically and clearly requests such action in writing.<br /> <br /> :[[236.8 Relocation Assistance Program#236.8.1.9 Relocatee Dies During Displacement Period|EPG 236.8.1.9]], covers the delivery of a relocation payment check when the subject relocatee dies prior to receipt of his/her payment and obviously authorizes an exception (the only exception) to the requirement set out in the preceding paragraph. Relocation payment checks must be made payable to the subject relocatee(s), except as authorized in EPG 236.8.1.9 which relates to administrators of estates, and when moving cost payment checks can be made payable to moving firms under certain specific terms.<br /> <br /> ===236.8.1.18 Rounding of Claim Amounts===<br /> <br /> Relocation claims based on actual costs must not be rounded.<br /> <br /> Claims based on computed amounts (judgment, not actual costs) can be rounded to the nearest dollar. Only the &quot;total amount due&quot; can be so rounded, the component parts of a claim must be set out in their exact amounts.<br /> <br /> ===236.8.1.19 Justification for Recomputing Payments and/or Reversing Eligibility Determinations===<br /> <br /> Relocation payments, once computed, must not be changed, revised or recomputed without good reason and necessity.<br /> <br /> In every instance, when an original payment computation is changed, revised or recomputed, the unit file must be documented to explain why such action was necessary and justified. The reason for changing or reversing a payment eligibility determination must be well-explained and documented in the unit file.<br /> <br /> ===236.8.1.20 Duplicate Payments===<br /> <br /> :'''(a) Joint Acquisition by Two Governmental Agencies'''<br /> <br /> :Under no circumstances can a relocatee be paid duplicate relocation payments, covering the same displacement, by two different governmental acquisition agencies which are both subject to the &quot;Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970&quot; and its revisions or which have any other relocation payment program which accomplishes the same purpose.<br /> <br /> :'''(b) Relocatee is an Employee of a Private Company'''<br /> <br /> :If the employee of a private company who is being transferred by his/her employer is in occupancy of a parcel being acquired by the department at the initiation of negotiations for such parcel, or upon receipt of a Notice of Intent to Acquire-Relocation, the department will pay all relocation payments such relocatee is qualified to receive regardless of any transfer payments made to him by his/her employer and regardless as to when the transfer was initiated. <br /> <br /> :When this situation is encountered, the district should advise the employer by letter of the relocation payments being made to the employee (relocatee) by the department and thereby provide an opportunity for the employer to avoid duplication of payment, if it so desires.<br /> <br /> ===236.8.1.21 Right of Way Acquired by Local Public Agencies===<br /> <br /> When lands are acquired by another agency prior to receipt of written advice from the department concerning the location of a proposed highway or a request for reservation or conveyance for highway purposes, the provisions of this section of the manual will not apply.<br /> <br /> When lands to be used by the department as right of way are acquired by another agency after the department has provided written advice to that agency concerning the proposed highway location or a request for reservation or conveyance for highway purposes, relocation must be handled according to the instructions and policies outlined in this article.<br /> <br /> The provisions of EPG 236 apply to Federal Aid projects that necessitate either partial or total displacements. (The district must monitor relocation assistance activities conducted by a local governmental agency when federal highway funds are used on a highway or street project to ensure that provisions of The Federal Regulations are being complied with.) <br /> <br /> ===236.8.1.22 Discriminatory Practices===<br /> <br /> Under no circumstances shall any form of discriminatory practice be tolerated on the part of any agent or employee of the department or on the part of any persons, firms or corporations under contract with the Missouri Highways and Transportation Commission in carrying out any phase of the Relocation Assistance and Payment Program discussed in this manual.<br /> <br /> Supervisors and all others responsible for carrying out the Relocation Program must be constantly aware of the necessity for identifying, reporting, eliminating and/or correcting any discriminatory practice that may occur. (Any clearly defined discriminatory practice discovered by district personnel, or any practice seriously suspected of being discriminatory, must be reported to the Right of Way Section.)<br /> <br /> District personnel must be especially alert for violations of state and federal fair housing regulations which require that rental and sale of housing be made available to all persons without regard to race, color, religion, creed, national origin, sex, age, ancestry or disability.<br /> <br /> Relocatees should be encouraged to report to the department (in writing) any violations of fair housing regulations, or violations of any other of their protected civil rights, that they may experience as a result of their displacement. (Copies of such violation reports received in the district must be immediately forwarded to the Right of Way Section.)<br /> <br /> Relocation agents are also charged with the responsibility of assuring that minorities who may have language or other communication problems fully understand the Relocation Program as it relates to them.<br /> <br /> ===236.8.1.23 Witholding of Relocation Payments===<br /> <br /> It is permissible to deduct any rent that a displacee owes the department from relocation payments, provided that such deduction will not prevent the displacee from obtaining comparable decent, safe and sanitary replacement housing.<br /> <br /> Obtain prior approval from the Right of Way Section before making such deductions. Also provide facts and amount being withheld to the Financial Services Division with a journal voucher to account for the funds and record rent payment. A copy should also be sent to Right of Way Section.<br /> <br /> ===236.8.1.24 Manner of Notices===<br /> <br /> The following notices must be in writing and personally served or sent by certified or registered first-class mail with return receipt requested. Unit files must be documented to show that the notices are provided in the prescribed manner. (Persons who are unable to read and understand the notice must be provided with appropriate translation and counseling.)<br /> <br /> Notices required by Federal Regulation are:<br /> <br /> :'''(1)''' General Information Notice (see the [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Business%20Relocation%20Brochure.pdf Business Relocation Brochure] or the [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.pdf Residential Relocation Brochure]).<br /> <br /> :'''(2)''' Notices of Relocation Eligibility (Relocation Payment Offers).<br /> <br /> :'''(3)''' Vacancy Notices.<br /> <br /> Additional notices developed under department procedures are discussed in various sections of this manual. Proper use of such notices must also be recorded in the unit file. (Certified mail and personal delivery are permissible when deemed appropriate by the district.)<br /> <br /> ===236.8.1.25 Relocation Program on Projects Affected by a Major Disaster===<br /> <br /> Individuals and families whose homes have been damaged or destroyed by a major disaster and who have not been able to reoccupy their homes by the initiation of negotiations for the subject property can be considered to be in constructive occupancy provided (1) that the area has been designated as a major disaster area by the President, or (2) the Federal Highway Administration has determined that constructive occupancy is acceptable under the circumstances involved. (When a situation of this type is encountered, provide the facts involved to the Right of Way Section prior to making eligibility commitments to the relocatee.)<br /> <br /> The following policy guidance is applicable when an eligible 90-Day owner-occupant is involved:<br /> <br /> The RHP will be based on the difference between the amount the department pays for the subject property in its damaged condition and the confirmed price of the most nearly comparable replacement property available (comparable to the subject before the disaster) or the difference between the department's payment and the amount that the relocatee actually pays for a decent, safe and sanitary replacement, whichever is lesser, minus any proceeds received by the relocatee as payment for damages to his residence as a result of the disaster from insurance companies and/or from any other source.<br /> <br /> '''NOTE''': Obtain procedural instructions from the Right of Way Section when tenants, businesses, farm operations or nonprofit organizations are involved in a major disaster of this type. Also request instructions for computing relocation payments when a relocatee experiences a disaster that damages or destroys his home or business after the initiation of negotiations for the subject parcel.<br /> <br /> ===236.8.1.26 Notice of Intent to Acquire - Relocation (See [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Notice%20of%20Intent%20to%20Acquire%20Form%20236.8.1.27.docx RA Form 236.8.1.27)]===<br /> <br /> If for good reason a district desires to establish occupancy eligibility for a person prior to the initiation of negotiations for the parcel he/she occupies, they can do so by providing a written notice to the relocatee advising of the department's intention to acquire the property he/she occupies and provide a copy of the Relocation Brochure. <br /> <br /> To avoid bad public relations with landlords such notices should not be given to tenants unless they initiate the action and make a request in writing to the department. (Department employees must not be placed in the position of being in any way responsible for a tenant's early move which will cause a landlord's loss of rental income.) Notices of this type will be presented to tenants in exceptional cases only and when used, must be worded to clearly advise that the department is in no way requesting, or suggesting that they move at an early date and that we will provide a 90-Day period to vacate after the department has acquired the parcel. (Prior to issuing a Notice of Intent to Acquire-Relocation to a tenant, it may be desirable to explain the procedure involved to his/her landlord. The district should use its best judgment, based on the facts involved, in determining whether or not the landlord should be contacted concerning the pending notice.)<br /> <br /> The practice of issuing Notices of Intent to Acquire-Relocation must be held to a minimum and will not be considered standard practice. They shall be issued only when it is obviously in the department's best interest to do so or when a relocatee will suffer serious personal or financial hardship if such action is not taken. <br /> <br /> Such notices cannot be issued prior to the time that an acquisition date is approved for the project on which the property is located or until the specific parcel is approved as a hardship case or for protective buying. It is also quite obvious that notices of this kind must not be issued if there is any doubt that the subject parcel will be needed for right of way purposes.<br /> <br /> Form 236.8.1.26 is a sample &quot;Notice of Intent to Acquire-Relocation&quot; which should be followed when such notices are prepared in the district Offices. Copies of all such notices must be retained in the unit file with a signed notation thereon stating the date that such notice was mailed or hand carried to the addressee.<br /> <br /> If the notice is mailed to the potential relocatee, it is recommended that certified mail be used and that the return receipt be attached to the file copy of the notice.<br /> <br /> &quot;Notices of Intent to Acquire-Relocation&quot; are not normally available to the owners of businesses, farms and nonprofit organizations. <br /> <br /> Review [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(g)]], which relates to the initiation of negotiations date when &quot;Notices of Intent to Acquire-Relocation&quot; are issued.<br /> <br /> ==236.8.2 Relocation Assistance Program - Advisory Service==<br /> <br /> ===236.8.2.1 General===<br /> <br /> The Relocation Program can be divided into two functions <br /> :'''(1)''' relocation payments, and <br /> :'''(2)''' advisory services and assistance to those being displaced.<br /> The term &quot;advisory service&quot; therefore relates to advice and assistance only.<br /> <br /> Each district will provide Relocation Assistance Advisory Services to provide meaningful assistance to those being displaced regardless of race, color, religion, creed, sex, age, ancestry, disability or national origin. <br /> <br /> ===236.8.2.2 Eligibility for Advisory Service===<br /> <br /> Relocation assistance advisory service must be offered to:<br /> <br /> :'''(1)''' any &quot;displaced person&quot; as defined in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(c)]],<br /> <br /> :'''(2)''' any person occupying property immediately adjacent to the real property being acquired when the district Right of Way Manager recommends to the Right of Way Section for concurrence such person or persons are caused substantial economic injury because of the acquisition, and<br /> <br /> :'''(3)''' any person who moves from their residential unit, which is not located within the acquisition, due to reasonable necessity, because of the acquisition of their business or farm operation, and<br /> <br /> :'''(4)''' any person who moves personal property from real property not located within the acquisition, due to reasonable necessity, as a result of the acquisition of their business or farm operation.<br /> <br /> ===236.8.2.3 Advisory Service Requirements===<br /> <br /> The Relocation Assistance Advisory Services shall include such services as may be necessary or appropriate to: <br /> <br /> :'''(1)''' discuss and explain the services available, relocation payments and the eligibility requirements therefor and assist in completing any applications or other forms required,<br /> :'''(2)''' determine the need, if any, of displaced persons, for relocation assistance,<br /> <br /> :'''(3)''' provide current and continuing information on the availability, prices and rentals of comparable decent, safe and sanitary housing, and of comparable commercial properties and locations for displaced businesses,<br /> <br /> :'''(4)''' a person displaced from their business or farm operation in obtaining and becoming established in a suitable replacement location,<br /> <br /> :'''(5)''' when appropriate supply information concerning federal and state housing programs, disaster loans programs, and other federal or state programs offering assistance to displaced persons,<br /> <br /> :'''(6)''' advise displaced persons that no payments received under the Uniform Act shall be considered as income for the purpose of the Internal Revenue Code of 1954 which has been redesignated as the Internal Revenue Code of 1986 or for the purposes of determining the eligibility or the extent of eligibility of any person for assistance under the Social Security Act or any other federal law, and<br /> <br /> :'''(7)''' provide other advisory services to displaced persons in order to minimize hardships to such persons in adjusting to a new location.<br /> <br /> Advisory services shall be administered on a reasonable basis commensurate with the relocatees' needs. This could vary from (1) minimum assistance when relocatees are involved who are well informed, mentally, physically and financially able to manage their displacement (or overcome their economic injury as discussed in [[236.8 Relocation Assistance Program#236.8.2.2 Eligibility for Advisory Service|EPG 236.8.2.2(2)]], and who, as a consequence neither need or desire department assistance) to (2) almost unlimited advisory services and assistance for those who are elderly, infirmed, immobile or otherwise unable to cope with their displacement or economic injury problems. (All relocatees shall be offered transportation to inspect housing to which they are referred.)<br /> <br /> Whenever possible, minority persons shall be given reasonable opportunities to relocate to decent, safe and sanitary replacement dwellings, not located in an area of minority concentration, that are within their financial means. This policy, however, does not require the department to provide such relocatees a larger payment than is necessary to enable them to relocate to a comparable replacement dwelling.<br /> <br /> ==236.8.3 Relocation Assistance Program - Public Information==<br /> <br /> ===236.8.3.1 General Requirements===<br /> <br /> It is the responsibility of the department to assure that those being displaced by a highway project have adequate knowledge of the Relocation Program to enable them to take full advantage of the services and payments available.<br /> <br /> ===236.8.3.2 Relocation Brochure===<br /> <br /> '''(a) Distribution'''<br /> <br /> :Relocation Brochures (a [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Business%20Relocation%20Brochure.pdf Business Relocation Brochure] and a [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.pdf Residential Relocation Brochure]) have been prepared. Copies are available for distribution, which describes the department's Relocation Program in detail. These brochures are to be distributed without cost at public hearings and to other individuals and organizations as appropriate.<br /> <br /> :A brochure shall be furnished to persons to be relocated. (See [[236.8 Relocation Assistance Program#236.8.4 Relocation Assistance Program - Pre-Acquisition Requirements|EPG 236.8.4]], for specific instructions concerning brochure delivery to owner occupants and tenants.)<br /> <br /> '''(b) Brochure Delivery'''<br /> <br /> :Relocatees must be given a general information notice in writing of eligibility requirements and optional payments. The department's Relocation Brochures adequately provides the required information; therefore, it need not be repeated in the eligibility statements discussed in the following subparagraphs. All relocatees must be given a brochure.<br /> <br /> '''(c) Resupply Procedure'''<br /> <br /> :Requests for a brochure are to be submitted to the Right of Way Section.<br /> <br /> ===236.8.3.3 Eligibility Notice at Initiation of Negotiations===<br /> <br /> Eligibility Notices have been designed to include, when appropriate, written relocation payment offers. Therefore, the terms &quot;Eligibility Notice&quot; and &quot;Relocation Letter Offers&quot; are synonymous.<br /> <br /> All Eligibility Notices must include the name and telephone number of a department employee who can be contacted for answers to questions and for other relocation assistance needed by the relocatee.<br /> <br /> An Eligibility Notice, including replacement housing and rental subsidy payment offers, must identify the selected comparable replacement dwelling on which the payment offer is based. It must be verified that the comparable selected is still available immediately prior to issuing the notice.<br /> <br /> '''(a) Owner-Occupant of More than 90 Days'''<br /> <br /> :Displaced owners in this category must be provided a written Eligibility Notice, including a RHP offer when the written offer for their real property is made.<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Owner%20Occupant%20Form%20236.8.3.3.A.docx Form 236.8.3.3(a)], is a sample notice that should be used in providing the RHP offer and required information to qualified owners. Any deviation from the wording in the exhibit, except as authorized in the following paragraphs, must be approved by the district Right of Way Manager.<br /> <br /> :In the first blank space of the first paragraph write the date negotiations were initiated for the parcel. In the second space show the entire amount offered for the right of way and damages.<br /> <br /> :In the first blank space of the second paragraph show the amount being offered for the residential portion including the value of any uneconomic remnant. In the second space insert the computed RHP offer. <br /> <br /> :The first space in the fifth paragraph is provided to identify the replacement dwelling on which the RHP offer was based. Use a street address when available. If the replacement dwelling is in a rural area, provide its location in relation to identifiable landmarks such as highway intersections, named streams, etc. (Should the offer be based on the cost of new house construction, so state in the referenced space.)<br /> <br /> :Insert the confirmed asking or listing price of the selected comparable, in the second space. <br /> <br /> :If the residential portion of the property being acquired is encumbered by a mortgage and has been for at least 90 days before the initiation of negotiations, the following paragraph should be inserted in the eligibility notice:<br /> <br /> &lt;blockquote&gt;If there is now a mortgage on the residential portion of your property, which has been in effect for at least 90 days, you may be eligible for an increased interest cost payment. To obtain an estimate of the amount of this payment you must contact your Missouri Department of Transportation representative. This should be done immediately after you have found a replacement and signed a contract to purchase it, but before applying for loan on it. Once you have obtained a loan commitment and the closing date for the purchase of your replacement, you may contact your Missouri Department of Transportation representative and request that your actual interest cost payment be processed so that it will be available at the closing on your replacement. It is important to contact your Missouri Department of Transportation representative as soon as possible after a closing date has been established to allow time to process your payment.&lt;/blockquote&gt;<br /> <br /> :The spaces in the last paragraph of the form will normally reflect the name of the relocation agent assigned to the parcel and his/her office telephone number.<br /> <br /> :In some cases, the total right of way offer, which will be set out on the first line of the notice [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Owner%20Occupant%20Form%20236.8.3.3.A.docx Form 236.8.3.3(a)] as discussed above, will include payment for land, property or rights, in addition to the subject residential improvements and supporting land area. If so, it will be necessary to prorate the offer to determine the portion thereof that is chargeable to the residential property. (The necessity for, and manner of accomplishing, such prorations are discussed later in this manual.)<br /> <br /> :The fact that a displacee elects not to sell the remainder of his/her residential building lot to the department (when a partial displacement is involved) will have an effect on the RHP. See [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(3)]].<br /> <br /> :To avoid a delay in initiating negotiations the relocation agent can be notified of the negotiating figure recommended by the district at the time the appraisals are being reviewed. A study can then be made to determine the amount of the RHP during the same period that the appraisal is being reviewed. An adjustment will have to be made in the RHP figure if the reviewer approves a different negotiating figure than previously recommended. If time permits, it is preferable that the RHP be computed immediately after an approved negotiating figure is received. <br /> <br /> :The original eligibility notice is to be delivered to the owner or their designated representative and a copy thereof placed in the unit file. The Relocation Agent must place a signed notation on the bottom of the file copy to show the date delivered and to whom. <br /> <br /> :Be very sure that the notice is not delivered until after the subject owner's pre-negotiation ownership eligibility requirements have been carefully checked and approved.<br /> <br /> :If either the right of way offer or the RHP offer is changed after the notice is delivered to the owner, a corrected notice, identified as such, must be provided to the owner. The corrected notice must advise that it supersedes and cancels the original notice dated. Retain copies of all corrected notices for the unit file with the same delivery notation as required on the copy of the original notice.<br /> <br /> :The Relocation Payment Eligibility must be presented to the owner-occupant relocatee during the initial negotiation contact. <br /> <br /> ::(1) '''90-Day Owner-Occupant--Mobile Home'''<br /> <br /> ::Ownership of the mobile home rather than the site determines the eligibility of 90-Day owner-occupants for a RHP. If displaced owners of mobile homes occupy them on a site, rented or owned, for at least 90 days before initiation of negotiations, they may be eligible for a payment of up to $31,000.<br /> <br /> ::Owners in this category must be provided eligibility notices which specify the maximum payments they are eligible to receive. Various possible combinations of ownership or rental of sites of both the displacement and replacement homes can occur. As a result it may be necessary to issue separate eligibility notices for the mobile home and the site. Sample notices which must be used to cover these various possibilities are provided in exhibits at the end of this section.<br /> <br /> '''(b) Tenants With 90-Day Occupancy'''<br /> <br /> ::'''(1) Ten-Day Contact''' (See RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Tenants%20and%20of%20Mobile%20Home%20Sites%20Form%20236.8.3.3.C.1.docx Form 236.8.3.3(c)(1)]<br /> <br /> ::Within ten working days after the initiation of negotiations for the property they occupy, tenants (other than subsequent occupants) shall be contacted in person and furnished a written eligibility notice advising of the date of initiation of negotiations for the subject parcel and (when 90-Day occupants are involved) that a determination will be made in the near future, normally within 30 days, as to whether or not they will be entitled to a rental subsidy payment and, if so, the maximum amount they can become eligible to receive. If personal contact is not possible within 10 days, send notice by certified mail.<br /> <br /> ::See Form 236.8.3.3(c)(1), which is a sample statement that should be used in providing the required information to tenants.<br /> <br /> ::If the relocatees being contacted are the same persons that were in occupancy at the time the initial relocation contact was made, they will already have a copy of the [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.pdf Relocation Brochure] and the Relocation Program will have been explained to them in detail. In addition, a Relocatee Needs Questionnaire will have been completed.<br /> <br /> ::Under this circumstance the only actions necessary during the &quot;ten-day contact&quot; are:<br /> <br /> :::1. Presentation of the [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Tenants%20and%20of%20Mobile%20Home%20Sites%20Form%20236.8.3.3.C.1.docx RA 236.8.3.3(c)(1)] notice, .<br /> <br /> :::2. Answer any new or additional questions the relocatee may have concerning his displacement.<br /> <br /> :::3. Review the previously completed Relocatee Needs Questionnaire and update it as necessary.<br /> <br /> :::4. Be sure that the relocatees still have a copy of the Relocation Brochure in their presence. If not, provide them a copy at the time the contact is made.<br /> <br /> ::If the present occupant of the subject dwelling unit was not in occupancy at the time the above-referenced initial relocation contact was made, take the following actions during the current contact:<br /> <br /> :::1. Explain the Relocation Program to the relocatee.<br /> <br /> :::2. Provide the relocatee a copy of the Relocation Brochure.<br /> <br /> :::3. Complete a Relocatee Needs Questionnaire.<br /> <br /> :::4. Present the relocatee an [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Tenants%20and%20of%20Mobile%20Home%20Sites%20Form%20236.8.3.3.C.1.docx RA 236.8.3.3(c)(1)] notice, .<br /> <br /> :::5. Provide an explanation of the relocation services available to the relocatee.<br /> <br /> ::Copies of all RA 236.8.3.3(c)(1) notices are to be retained in the unit file. The Relocation Agent must place a signed notation on the bottom of each copy to show the date delivered and to whom.<br /> <br /> ::If the tenants who were in occupancy at the time of the previously mentioned initial relocation contact moved prior to the initiation of negotiations for the subject, so note in the files and take no further action as they will not be eligible for payment under the Relocation Program.<br /> <br /> ::If eligible relocatees were in occupancy at the initiation of negotiations, but moved prior to the ten-day contact, it will be necessary to present them an RA 236.8.3.3(c)(1) notice at their new address, in person, if possible, if not, by certified mail.<br /> <br /> ::If eligible relocatees move without advising the district of their new address, the following actions must be taken.<br /> <br /> :::1. Contact the tenant's former landlord and attempt to obtain the new address. If successful, proceed in the routine manner.<br /> <br /> :::2. If the new address cannot be obtained, the statement must be mailed to the tenant (certified mail, return receipt requested) at the address of the subject right of way parcel. A letter must be attached to the statement asking the relocatee to advise the district of their new address. If the new address is obtained, proceed in the routine manner. If, however, the statement and accompanying letter are not delivered and are returned to the district by the Postal Department, they must be placed in the unit file as proof that such action was taken.<br /> <br /> ::The ten-day contact requirement applies, if the tenants were in occupancy at the initiation of negotiations, even though they had not been in occupancy for the required 90-day time period. In this case a simple letter, composed in the district, will be presented to them in lieu of the RA 236.8.3.3(c)(1) notice. The letter must advise the relocatees (1) of the date that negotiations were initiated for the property they occupy, (2) that they are eligible for a moving cost payment and (3) that the district will assist them in locating a decent, safe and sanitary replacement dwelling unit if they so desire. If the relocatees moved to the subject property after the &quot;initial relocation contact&quot; was made, comply with instructions which relate to this type of situation at [[#Initial Relocation Contact|&quot;Initial Relocation Contact&quot;]] in EPG 236.8.4.<br /> <br /> ::The ten-day contact is not applicable to tenants who first occupy dwelling units after the initiation of negotiations for the subject property. (See the referenced subparagraph headed &quot;Initial Relocation Contact&quot; which provides instructions covering relocation contact requirements with tenants in this category.)<br /> <br /> '''NOTE''': Relocation Agents are not required to obtain permission from landlords prior to contacting tenants.<br /> <br /> ::'''(2) Rental Subsidy Payment Eligibility Notice''' <br /> <br /> ::Tenants who meet the 90-Day occupancy requirements must also be furnished a written notice advising them of the amount of the rental subsidy payment to which they are entitled.<br /> <br /> ::[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Tenant%20Eligibility%20Notice%20Rental%20Subsidy%20Form%20236.8.3.3.C.2.docx Form 236.8.3.3(c)(2)], at the end of this section is a sample statement that is to be used in providing this information to tenants.<br /> <br /> ::The computed rental subsidy payment offer, taken from the Rental Subsidy Computation Sheet, which is discussed later in this manual, will be reflected in the first blank space on the subject form and the replacement rental fee used in computing the payment offer will be inserted in the second blank space.<br /> <br /> ::Payment Eligibility Notices must be sent to tenants by certified mail (return receipts requested) or delivered in person within 30 days after the previously discussed ten-day contact is made unless there is a specific reason why this deadline cannot be complied with. (If the deadline cannot be complied with, which would be the case if a suitable replacement unit cannot be located within the 30-day period, document the file accordingly, so advise the relocatee, and provide the statement as soon as possible.) Relocatees must be provided the RA 236.8.4.3(c)(2) notice prior to the issuance of a 90-Day notice to vacate. In all cases the certified mail receipt is to be placed in the unit file together with a copy of the statement.<br /> <br /> '''(c) Actions When &quot;Nil&quot; Relocation Payment Involved'''<br /> <br /> If computations and studies show that an owner or tenant is not entitled to the type RHP discussed in preceding subparagraphs (a) and (c)(2), due to the fact that they can obtain comparable decent, safe and sanitary replacement housing without the need for an additive payment, the wording in the notice must be changed accordingly.<br /> <br /> Appropriate wording could be:<br /> <br /> &quot;Studies of available dwellings (or, if applicable, rental units) which are for sale (or rent) at this time show that you will be able to acquire (or rent) a comparable decent, safe and sanitary dwelling (or dwelling unit) for a price (or fee) that does not exceed the amount offered by the department for your existing property, or if a rental subsidy payment is involved, that does not exceed the amount you are currently paying for the unit which you now occupy.&quot;<br /> <br /> The relocatee must also be advised in the notice that the relocatee's ineligibility for a replacement housing or rental subsidy payment does not affect his/her eligibility for other relocation payments the individual is qualified to receive. <br /> <br /> '''(d) Eligibility Notices, Businesses, Farms, Nonprofit Organizations and Partial Displacements'''<br /> <br /> ::'''(1) Relocatees Own Acquisition Parcel'''<br /> <br /> ::Owners of displaced businesses, farms and nonprofit organizations who own the parcel on which they are situated must be provided a written Eligibility Notice and Relocation Brochure at the same time they are offered the approved negotiating figure for the real property involved.<br /> <br /> ::The notice can be presented to the owner by the negotiator or the Relocation Agent assigned to the parcel. (If presented by the negotiator, a follow-up call must be made by the Relocation Agent shortly after the initiation of negotiations, no more than ten working days thereafter.)<br /> <br /> ::The file copy of the notice must show who delivered the original to the relocatee, the date of delivery and the recipient.<br /> <br /> The notice can be worded as follows:<br /> <br /> &lt;blockquote&gt;&quot;This letter is to advise you that _____________________ has been established as the initiation of negotiations date for the property on which your (business, farm, nonprofit organization) is situated. Your basic eligibility for relocation benefits has therefore been established.<br /> <br /> The specific benefits that you may become eligible to receive are outlined in the Relocation Brochure and will be explained in detail by your Relocation Agent.<br /> <br /> Please feel free to contact __________________ at this office (telephone no.____________), if you have questions relating to your relocation benefits or a need for other relocation assistance.&quot;&lt;/blockquote&gt;<br /> <br /> :If the relocatee is a non-resident, document the file accordingly and provide the Eligibility Notice by certified mail. (Do not include the statement advising that relocation benefits &quot;will be explained in detail by your Relocation Agent&quot;.)<br /> <br /> '''(2) Relocatees are Tenants'''<br /> <br /> This information, including the suggested wording of the notice, generally applies when the owners of businesses, farms or nonprofit organizations rent the acquisition parcels on which their operations are situated.<br /> <br /> In this case, a relocation agent will normally deliver the notice. The notice must be presented to the relocatee within 10 working days after the initiation of negotiations for the parcel.<br /> <br /> ==236.8.4 Relocation Assistance Program - Pre-Acquisition Requirements==<br /> ===236.8.4.1 Relocation Pre-Acquisition=== <br /> <br /> During the early stages of development of a project the district Right of Way department shall develop solutions to minimize the adverse impacts of displacement. Such planning, where appropriate, shall precede any action by the department which will cause displacement, and should be scoped to the complexity and nature of the anticipated displacing activity including an evaluation of program resources available to carry out timely and orderly relocations. <br /> <br /> Planning may involve a relocation survey or study, which may include the following: <br /> <br /> ::(1) An estimate of the number of households to be displaced including information such as owner/tenant status. <br /> ::(2) Estimated value and rental rates of properties to be acquired <br /> ::(3) Family characteristics and special consideration of the impacts on minorities, the elderly, large families, and persons with disabilities when applicable. <br /> ::(4) An estimate of the number of comparable replacement dwellings in the area (including price ranges and rental rates) that are expected to be available to fulfill the needs of those households displaced. (When an adequate supply of comparable housing is not expected to be available, the department should consider housing of last resort actions.) <br /> ::(5) An estimate of the number, type and size of the businesses, farms, and nonprofit organizations to be displaced and the approximate number of employees that may be affected. <br /> ::(6) An estimate of the availability of replacement business sites. When an adequate supply of replacement business sites is not expected to be available, the impacts of displacing the businesses should be considered and addressed. <br /> ::(7) Planning for displaced businesses that are reasonably expected to involve complex or lengthy moving processes or small businesses with limited financial resources and/or few alternative relocation sites should include an analysis of business moving problems. <br /> ::(8) Consideration of any special relocation advisory services that may be necessary. <br /> &lt;div id=&quot;Initial Relocation Contact&quot;&gt;&lt;/div&gt; <br /> '''Initial Relocation Contact'''<br /> &lt;div id=&quot;When to Make Initial Relocation Contact&quot;&gt;&lt;/div&gt;<br /> '''(a) When to Make Initial Relocation Contact'''<br /> <br /> As soon as plans are developed to the point that it is both possible and desirable to obtain right of way acquisition authority for a project, or portion of a project, the district must contact the occupants of every unit that is scheduled for acquisition under the proposed &quot;A&quot; date in person if reasonably possible. If the acquisition date currently being requested covers only a section of the right of way project involved, the initial relocation contact requirement relates to that section only and not to other sections which are to be acquired at a later date.<br /> <br /> The following actions must be accomplished during the initial relocation contact.<br /> <br /> ::(1) The Relocation Program must be explained.<br /> <br /> ::(2) A copy of the Relocation Brochure must be delivered to the relocatee.<br /> <br /> ::(3) A &quot;Relocatee Needs Questionnaire,&quot; as discussed in [[236.8 Relocation Assistance Program#Relocatee Needs Questionnaire|Relocatee Needs Questionnaire]], must be completed for each separate unit (residential, business, farm and nonprofit organization) for occupants being totally displaced.<br /> <br /> The following points must be specifically explained at the time this contact is made:<br /> <br /> ::(1) that the persons involved must normally be in occupancy of the subject parcel at the initiation of negotiations for that parcel to qualify for relocation payments,<br /> <br /> ::(2) that highway plans for the project involved are not finalized and that the relocation contact is being made to determine the replacement housing needs of those who will be displaced '''IF''' the proposed highway project becomes a reality and IF final plans require the acquisition of the property they occupy and<br /> <br /> ::(3) that they should not take any actions concerning a future move that would cause them embarrassment, hardship or financial loss if the property they now occupy is not acquired by the department. The preceding procedure and requirements are also applicable when persons move into and occupy properties scheduled for acquisition after the routine initial relocation contacts have been completed on the project. The initial relocation contact will be accomplished, under this circumstance, as soon as possible, after the existence of such occupants is discovered.<br /> <br /> Persons who initially occupy a proposed right of way parcel after negotiations have been initiated for the parcel may become eligible for a moving cost payment. For this reason such relocatees should be contacted as soon as their occupancy is known by the District. A Relocatee Needs Questionnaire should be completed during the first contact and they should be advised that they may be eligible for moving cost payments '''if''' they are still in occupancy at the time the property is acquired by the department or at the time they received a notice to vacate from the department. They should be offered advisory assistance and those displaced from residential dwelling units should be advised that the department will assist them in locating a decent, safe and sanitary replacement dwelling, if they so desire. Present the relocatees a copy of the Relocation Brochure during the first contact but be '''very sure''' that they understand that they cannot normally qualify for any type of relocation payment other than moving costs. Such relocatees should be &quot;added to&quot; applicable relocation records immediately after their first relocation contact is made. <br /> <br /> :'''NOTE A: Displaced Tenants, Not Located Within Right of Way Acquisition'''<br /> <br /> :When tenants '''not''' located within the right of way acquisition will be displaced because their landlord does not replace a necessary facility or service that was included in the acquisition, the following actions are to be accomplished.<br /> <br /> :Make a record of the tenants located on the potentially uninhabitable remainder who were in occupancy at (1) the time negotiations were initiated for the subject parcel, and (2) at the time the right of way from the subject parcel was acquired. It is also desirable that the dates that tenants moved to and began their occupancy of the subject parcel be recorded at the time the occupancy listings are assembled. If the landowner advises that he/she plans to replace the facility, the list of occupants should be obtained without contacting the tenants involved. Hopefully the landowner will provide a listing of the tenants, if not, or if the completeness and/or accuracy of a list the landowner does provide is questionable, contact the Right of Way Section for further instructions. This record will be extremely beneficial if it is determined at a later date that the landowner does not replace the necessary facility or service as originally planned. If this occurs, it will be necessary to contact the relocatees involved and provide relocation assistance and payments.<br /> <br /> :If it is known at the time the tenant occupancy record is assembled that the landowner does not intend to replace a needed facility, the tenants will be displaced. Take all of the same actions (except the issuance of vacancy notices) that would be taken if tenants were located within the acquisition.<br /> <br /> '''(b) When to Make Initial Relocation Contact--Hardship and Protective Buying'''<br /> <br /> If a request for hardship acquisition or the protective buying of a parcel is involved prior to the time the above-referenced contact is accomplished, the initial relocation contact is to be made just prior to submitting a request to the Right of Way Section for authority to acquire the subject parcel.<br /> <br /> The same actions as required in preceding subparagraph (a) must be taken except that the points to be explained at the time of the contact are to be changed as follows:<br /> <br /> ::(1) That they must not move prior to receipt of a written &quot;Notice of Intent to Acquire-Relocation&quot; from the department or prior to the initiation of negotiations for the parcel, whichever occurs first.<br /> <br /> ::(2) That they should not take any actions prior to receipt of a written &quot;Notice of Intent to Acquire-Relocation,&quot; or prior to the initiation of negotiations for the parcel, that would cause them embarrassment, hardship or financial loss if the proposal to purchase the property is not approved.<br /> <br /> ::(3) That to be safe, they should not vacate the subject parcel until after they have received a written &quot;Notice to Vacate&quot; from the department.<br /> &lt;div id=&quot;Relocatee Needs Questionnaire&quot;&gt;&lt;/div&gt;<br /> '''Relocatee Needs Questionnaire'''<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocatee%20Needs%20Questionnaire%20Form%20236.8.4.2.docx Relocatee Needs Questionnaire (Form 236.8.4.2)] must be completed, for each individual, family, business, farm and nonprofit organization being displaced, at the time the initial relocation contact is accomplished. It is not necessary to complete a questionnaire when partial displacements are involved; however, a brochure must be given to relocatee as it relates to partial displacees explained. Unit file must indicate date of contact and party involved and extent of displacement.<br /> <br /> The Relocation Agent who completes a needs questionnaire relating to a residential dwelling unit should explain to the relocatees at the beginning of the interview that some of the questions to be asked are of a personal nature and that they can withhold the requested information, if they so desire.<br /> <br /> If the relocate withholds information, the agent should insert the letters &quot;IW&quot; (Information Withheld) in the appropriate space on the questionnaire.<br /> <br /> The completed questionnaire must be made a part of the unit file.<br /> <br /> Relocation agents assigned to projects, and/or specific relocatee, must also be provided copies of completed questionnaires relating to the relocatees involved.<br /> <br /> '''Instructions for Completing the Questionnaire'''<br /> <br /> The points discussed in the following paragraphs require special interpretation and/or instructions.<br /> <br /> Use the following &quot;key&quot; letter when completing the last space on the second line of the questionnaire that is headed &quot;RACE.&quot; When displacement involves a business, farm or nonprofit organization, the blank entitled &quot;Race&quot; will apply to the business owner, farm operator or majority of the nonprofit organization's membership.<br /> <br /> ::::W - white<br /> ::::B - black<br /> ::::H - Hispanic<br /> ::::I - American Indian or Alaskan Native<br /> ::::A - Asian or Pacific Islander<br /> ::::O - Other<br /> <br /> When a residence and business are located in the same building (occupied and operated by the same person), include applicable information for each on the same questionnaire. On the fifth line show that both a residence and business are involved and complete the applicable portions of the form. (The same holds true when a residence is located on a farm that is being completely displaced, displaced farm operation.) If separate unit files are maintained, place a copy of the questionnaire in each file.<br /> <br /> The ninth line on the form provides spaces to show the name of the head of household's employer and whether such employment is temporary or permanent. The tenth line should reflect the address where the head of household works. This information relates to his or her principal place of employment and not to secondary or moonlighting jobs. (Secondary and moonlighting jobs of consequence should be discussed under comments on the back of the form.)<br /> <br /> On the next line show the mode of travel used by the head of household in traveling to and from his/her principal place of employment, and the distance (one way) involved. Average travel time to and from the place of employment can also be shown in the &quot;distance&quot; space.<br /> <br /> Future reference to the line on the questionnaire which reflects whether or not the subject dwelling unit is the relocatee's principal and legal permanent residence will help avoid the possible error of paying a relocation payment to an ineligible relocatee.<br /> <br /> It is recommended that the space headed &quot;Are Utilities Furnished&quot; be completed by inserting &quot;none,&quot; if appropriate, or if utilities are provided, the letter H--for heat, E--for electricity, W--for water, etc., to show those which are provided by the landlord. (If all utilities are provided, so state.) Income amounts should be obtained and re-verified before computing payments.<br /> <br /> All entries on the line which begins &quot;Total Rooms Needed&quot; should reflect the same number of rooms as contained in the subject dwelling unit unless the subject was not adequate to accommodate the relocatee, in which case, show the number of rooms that will be needed in a replacement dwelling unit to enable it to accommodate the relocatee. (Normally any increase in the number of rooms needed, over those contained in the subject unit, will appear in the spaces reflecting &quot;Total Rooms Needed&quot; and &quot;Bedrooms&quot;.) Additional information relating to the term &quot;adequate to accommodate the relocatee&quot; is provided in [[#(2) Selection of|&quot;Selection of Comparables&quot; in EPG 236.8.8.3 Payment Computations]] and should be reviewed before completing a Relocatee Needs Questionnaire.<br /> <br /> The first space on the last line on the front of the form should show the total number of automobiles owned by the head of the household and by all other family members who reside in the subject dwelling unit. The second space is provided to show all other vehicles owned by the family including trucks, vans, motorcycles, etc.<br /> <br /> It is desirable to have a record on file in the district office to show that the occupants of each displaced unit were offered assistance in locating available replacement housing and whether or not the department's offer was accepted or declined. For this reason spaces have been included on the back of the questionnaire relating to these points. These spaces will be completed in every instance when residential units, businesses, farm operations and nonprofit organizations are being totally displaced. (A negative answer to the question &quot;was a specific offer of assistance in locating available replacement property made to relocatee&quot; is not acceptable.)<br /> <br /> In the space labeled &quot;Adults Present at Interview&quot; list all adults that were present at the time of the contact, including the names of department employees, other than the agent who is conducting the interview and who will sign the questionnaire. If someone other than a family member was present, show his or her title, interest or relationship to the relocatee.<br /> <br /> There is no circumstance that would eliminate the necessity for providing an explanation of the three points specifically discussed in [[236.8 Relocation Assistance Program#When to Make Initial Relocation Contact|When to Make Initial Relocation Contact]]. Therefore a negative answer to the question on the back of the questionnaire which relates to this required explanation is not acceptable.<br /> <br /> In addition to the above information obtained from any displaced business, farm or nonprofit organization the following information should be obtained during completion of the Relocatee Needs Questionaire:<br /> <br /> The information can be added into the comments section or on additional sheets and attached to the Relocatee Needs Questionaire.<br /> <br /> At a minimum, interviews with displaced business owners and operators should include the following:<br /> <br /> ::1. The business’s replacement site requirements, current lease terms and other contractual obligations and the financial capacity of the business to accomplish the move.<br /> ::2. Determination of the need for outside specialists that will be required to assist in planning the move, assistance in the actual move, and in the reinstallation of machinery and/or other personal property.<br /> ::3. An identification and resolution of personal/realty issues.<br /> ::4. An estimate of the time required for the business to vacate the site.<br /> ::5. An estimate of the anticipated difficulty in locating a replacement property.<br /> ::6. An identification of any advance relocation payments required for the move.<br /> <br /> '''c) Certification Concerning Legal Residency In The United States'''<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Certification%20Concerning%20Legal%20Residency%20in%20the%20USA%20Form%20236.8.4.2.A.pdf Form 236.8.4.2(a)] should be completed and signed by all relocates at the same time as the [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocatee%20Needs%20Questionnaire%20Form%20236.8.4.2.docx Relocatee Needs Questionnaire (Form 236.8.4.2)].<br /> <br /> The form is to be attached to and remain with the Relocatee Needs Questionaire. <br /> <br /> Each person seeking relocation payments or relocation advisory assistance shall, as a condition of eligibility, certify:<br /> <br /> ::1. In the case of an individual, that he or she is either a citizen or national of the United States, or an alien who is lawfully present in the United States.<br /> <br /> ::2. In the case of a family, that each family member is either a citizen or national of the United States, or an alien who is lawfully present in the United States. The head of the household may make the certification on behalf of other family members.<br /> <br /> ::3. In the case of an unincorporated business, farm, or nonprofit organization, that each owner is either a citizen or national of the United States, or an alien who is lawfully present in the United States. The certification may be made by the principal owner, manager, or operating officer on behalf of other persons with an ownership interest.<br /> <br /> ::4. In the case of an incorporated business, farm or nonprofit organization, that the corporation is authorized to conduct business within the United States.<br /> <br /> In computing relocation payments, if any member(s) of a household or owner(s) of an unincorporated business, farm or nonprofit organization is (are) determined to be ineligible because of a failure to be legally present in the United States, no relocation payments may be made to him or her. Any payment(s) for which such household, unincorporated business, farm, or nonprofit organization would otherwise be eligible shall be computed for the household, based on the number of eligible household members and for the unincorporated business, farm or nonprofit organization, based on the ratio of ownership between eligible and ineligible owners.<br /> <br /> The district right of way office shall consider the certification provided to be valid, unless it is deemed invalid based on a review of the alien’s documentation or other information that the district considers reliable and appropriate.<br /> <br /> Any review by the district right of way office of the certifications provided shall be conducted in a nondiscriminatory fashion. The same standard of review shall be applied to all such certifications. Except that such standard may be revised periodically.<br /> <br /> If the district right of way office has reason to believe that the certification of a person who has certified that he or she is an alien lawfully present in the United States is invalid, the district shall obtain verification of the alien’s status from the local U.S. Citizenship and Immigration Service (USCIS) Office. A list of local [https://www.uscis.gov/about-us/find-a-uscis-office USCIS offices] is available. Any request for BCIS verification shall include the alien’s full name, date of birth and alien number, and a copy of the aliens documentation. (If the district is unable to contact the BCIS, it may contact the Right of Way Section for further guidance.)<br /> <br /> If the district right of way office has reason to believe that the certification of a person who has certified that he or she is a citizen or national is invalid, the district shall request evidence of United States citizenship or nationality from such person, and if considered necessary verify the accuracy of such evidence with the issuer.<br /> <br /> No relocation payments or relocation advisory assistance shall be provided to a person who has not provided the certification described in this section or who has been determined to be NOT lawfully present in the United States, unless such person can demonstrate to the district’s satisfaction that the denial of relocation assistance will result in an exceptional and extremely unusual hardship to such person’s spouse, parent or child who is a citizen of the United States, or is an alien lawfully admitted for permanent residence in the United States.<br /> <br /> For clarification “exceptional and extremely unusual hardship” to such spouse, parent, or child of the person not lawfully present in the United States means that the denial of relocation payments and advisory assistance to such person will directly result in:<br /> <br /> ::1. A significant and demonstrable adverse impact on the health or safety of such spouse, parent, or child.<br /> ::2. A significant and demonstrable adverse impact on the continued existence of the family unit of which such spouse, parent, or child is a member, or<br /> ::3. Any other impact that the district determines will have a significant and demonstrable adverse impact on such spouse, parent or child.<br /> <br /> ==236.8.5 Relocation Assistance Program - Administrative Records and Reports==<br /> <br /> ===236.8.5.1 Type and General Purpose of Records and Reports Involved===<br /> <br /> The records and reports discussed in this section are general in nature and are those that do not apply directly to a payment category or to a specific subject that is covered in one of the other sections of the manual.<br /> <br /> All relocation records and reports have been developed to ensure that the many requirements for administering the Relocation Program have been fulfilled for each right of way project.<br /> <br /> Do not use any form, form letter or procedure that could be construed to make a commitment or assurance to relocatees that is not required or authorized in this Article without written approval from the Right of Way Section.<br /> <br /> ===236.8.5.2 Relocation Agent’s Report ([http://eprojects/Templates/RW/Chapter%208_Relocation/Relocation%20Report%20Form%20236.8.5.4.pdf Form RA 236.8.5.4])===<br /> <br /> '''(a) Purpose of Report'''<br /> <br /> The &quot;Relocation Agent's Report&quot; provides a record of '''every''' contact (including telephone contacts) between department relocation personnel and those who are displaced by a highway project and to provide documentary proof that certain required contacts were made. Unsuccessful attempts to contact relocatees also must be recorded on the paper.<br /> <br /> It is '''imperative''' that the &quot;Relocation Agent's Report&quot; be filled out in detail as it is a very important document and will be used as proof that required actions have been accomplished. A brief, but complete, resume of each contact that is recorded on the report '''must''' be attached to and made a part of the Relocation Agent's Report.<br /> <br /> '''(b) Hardship and Protective-Buying Parcels'''<br /> <br /> A &quot;Relocation Agent's Report&quot; must be completed for each relocatee involved in either a total or partial displacement including those acquired in advance of routine project negotiations for protective buying and as hardship cases.<br /> <br /> '''(c) Instructions for Use of Report'''<br /> <br /> Although every relocation contact between the Relocation Agent assigned to a parcel and the relocatee who occupies it must be recorded and made a part of the Relocation Agent's Report, the [http://eprojects/Templates/RW/Chapter%208_Relocation/Relocation%20Report%20Form%20236.8.5.4.pdf RA Form 236.8.5.4] itself covers only one specific contact with the relocatee. (Contacts not specifically discussed on the face of the form must be recorded on a separate sheet, which is to be attached to and made a part of the Relocation Agent's Report.)<br /> <br /> If a residential owner-occupant is involved the section of the Form 236.8.5.4 headed &quot;Initiation of Negotiations Contact&quot; will be completed. Therefore the first entries on the face of the Relocation Agent's Report will be made when the combined relocation and initiation of negotiations contact is made with the owner.<br /> <br /> :'''NOTE:''' It is not necessary to begin the Relocation Agent's Report at the time the &quot;initial relocation contact&quot; is made, as the Relocatee Needs Questionnaire will provide ample documentation relating to that contact.<br /> <br /> The section of the form headed &quot;Ten-Day Relocation Contact&quot; will be completed when a residential unit is occupied by a tenant. <br /> <br /> If a displaced business, farm operation or nonprofit organization is involved, record the first contact between the Relocation Agent and the relocatee (made '''after''', and not counting, the above-referenced initial relocation contact) in the section of the form provided for this purpose.<br /> <br /> The relocation contact to be recorded in the section of the form relating to partial displacements is the contact during which the Relocation Program is explained, and a Relocation Brochure is presented, to the owner of the personal property involved. This will normally be the first contact with such relocatee.<br /> <br /> The following instructions are provided to ensure its proper use.<br /> <br /> &quot;Type Property&quot; on the second line in the heading refers to &quot;residence,&quot; &quot;business,&quot; &quot;farm operation&quot; or &quot;nonprofit organization.&quot;<br /> <br /> The last space on the fourth line must reflect the date that the initial relocation contact was made and who made the contact. If the agent preparing the subject report did not make the initial relocation contact, the agent should obtain this information from the applicable Relocatee Needs Questionnaire.<br /> <br /> The first line in the section headed &quot;Initiation of Negotiations Contact&quot; must reflect the date that negotiations were initiated for the subject property and whether or not, &quot;yes&quot; or &quot;no,&quot; the Relocation Agent was present during this contact. (If &quot;no&quot; explain why under &quot;Comments&quot; or on the back of the form.)<br /> <br /> The date that the written relocation offer was presented to the owner will normally be the same date reflected on the first line under this heading, as the initiation of negotiations date. (If it is not, the circumstances must be explained.)<br /> <br /> If a &quot;new&quot; owner-occupant is encountered, who was not in occupancy at the time the initial relocation contacts were made on the project, complete the portion of this section that relates to this type situation.<br /> <br /> If the unit was purchased and occupied after routine initial relocation contacts were made on the project, but '''prior''' to the initiation of negotiations, it will be necessary to complete both a Relocatee Needs Questionnaire and a Relocation Agent's Report.<br /> <br /> If the relocatee is entitled to moving costs only, mark spaces which do not apply as &quot;N/A&quot; and provide an explanation under &quot;Comments,&quot; or on the back of the form, to clarify the situation.<br /> <br /> If the unit was purchased and occupied by the current occupant '''after''' the date of initiation of negotiations for the subject parcel, it will be necessary to complete both a Relocatee Needs Questionnaire and a Relocation Agent's Report covering the &quot;new&quot; occupants as they may become eligible for relocation assistance and moving cost payments.<br /> <br /> The section of the form headed &quot;Ten-Day Contact&quot; relates to the specific contact discussed in [[236.8 Relocation Assistance Program#236.8.3.3 Eligibility Notice at Initiation of Negotiations|EPG 236.8.3.3(b)(1)]]. A review of this section will clarify most entries required in this section of the form.<br /> <br /> An explanation will be required on the form if the date of the ten-day contact was made more than ten days after the initiation of negotiations date. If the [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Tenants%20and%20of%20Mobile%20Home%20Sites%20Form%20236.8.3.3.C.1.docx RA Form 236.8.3.3(c)(1)] notice was not presented to the relocatee at the ten-day contact, an explanation will be required.<br /> <br /> If a &quot;new&quot; tenant is encountered, who was not in occupancy at the time the initial relocation contacts were made on the project, follow the same general principles discussed above, relating to &quot;new&quot; owner-occupants, when completing the applicable portion of this section. (This statement also applies in the section of the form covering totally displaced businesses, farm operations and nonprofit organization, which relates to relocatees who first occupied the subject after initial relocation contacts were completed on the project.)<br /> <br /> The number of occupied rooms that are furnished by the relocatee as shown in the next section of this report shall be the basis for computing fixed-payment moving cost claims.<br /> <br /> Include all rooms that are occupied and furnished by the relocatee including attics, basements, enclosed porches, separate sheds or other similar type storage areas if such areas contain furniture, appliances and/or other personal property reasonably equivalent to a routine furnished room. (Do not include bathrooms, hallways and closets.) If areas, other than routine rooms, are included in the room count, explain what other storage areas are involved. (If information relating to the number of rooms occupied in this record differs with data provided in the &quot;Relocatee Needs Questionnaire,&quot; an explanation resolving the discrepancy must be attached to this report.)<br /> <br /> The next section of the form, which is &quot;Applicable to Totally Displaced Businesses, Farm Operations and Nonprofit Organizations,&quot; is, with the following explanation, considered to be self-explanatory.<br /> <br /> The spaces referring to &quot;relationship&quot; of persons contacted, if other than the owner, relates primarily to nonprofit organizations and large corporations.<br /> <br /> When nonprofit organizations are involved, the person contacted will normally be the organization's president, commander, pastor or other principal officer. When large firms and corporations are involved, local managers, business representatives, company attorneys and/or others in management positions may be contacted in lieu of &quot;owners.&quot;<br /> <br /> When locally owned and operated businesses and farm operations are involved, the owners must be contacted in person, if possible. If it is necessary to contact someone other than the owner, in such cases, explain the reason for doing so in the report.<br /> <br /> The following instructions are applicable when any type of partial displacement is involved.<br /> <br /> The &quot;first relocation contact&quot; to be recorded in the section of the form relating to partial displacements will be the original relocation contact with the owner of the personal property involved. This being true, it is necessary, during this original contact, to present such owner a Relocation Brochure and explain the program as it relates to partial acquisitions. (It is expected that the questions on the form concerning brochure delivery and explanation of the program will always be answered in the affirmative.)<br /> <br /> In listing items of personal property, when a partial displacement is involved, it is permissible to &quot;lump&quot; small miscellaneous items together when so many minor items are involved that it is impossible or impractical to list them separately.<br /> <br /> In the last section of the form, show whether the relocatee did, or did not, request assistance in locating replacement property.<br /> <br /> If a relocatee requested assistance in locating a replacement at the time the questionnaire was completed, or at any later date, the affirmative space must be checked and the Relocation Agent's record must include entries to show that such assistance was provided.<br /> <br /> Each &quot;Relocation Agent's Report&quot; must be signed and dated before it is turned in to the district office.<br /> <br /> ===236.8.5.3 Initiation of Negotiations Statement ([http://eprojects/Templates/RW/Chapter%208_Relocation/Initiation%20of%20Negotiations%20Statement%20From%20236.8.5.5.pdf RA Form 236.8.5.5])===<br /> <br /> It is extremely important that the exact date that right of way negotiations began for every parcel affected by the Relocation Program be recorded as this date will be used in determining whether or not owners and tenants have occupied parcels being acquired as right of way for the minimum time necessary to qualify them for specific relocation payments.<br /> <br /> RA Form 236.8.6.5 has been developed to establish and provide a record of the initiation of negotiations date for each individual parcel affected by the Relocation Program.<br /> <br /> This form is to be completed by the negotiator, for every parcel that is involved with the Relocation Program, and submitted to the district Relocation Section immediately after the contact is made.<br /> <br /> In case of nonresident owners, who are contacted by mail, the initiation of negotiations will be the date that the owner received the initial letter from the department in which an offer was made for his property. The letter must be sent by certified mail so that the return receipt will establish the date. Attach a copy of the letter and the return receipt to the RA Form 236.8.5.5.<br /> <br /> ===236.8.5.4 Decent, Safe and Sanitary Inspection Reports===<br /> <br /> Before any replacement housing, rental subsidy or down payment assistance can be made, the district must determine that the relocatee involved has moved into a replacement dwelling unit that meets the decent, safe and sanitary standards defined in subparagraph 236.8.1.3(j). The unit file must be documented to show that the replacement dwelling was inspected and found to comply with the referenced decent, safe and sanitary standards.<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Decent%20Safe%20and%20Sanitary%20Inspection%20Report%20Form%20236.8.5.4.A.pdf RA Form 236.8.5.4(a)] has been designed to serve as an inspector's check sheet, inspector's report and signed statement for use in documenting the unit file. Relocation Agents will normally serve as inspectors.<br /> <br /> '''(a) Decent, Safe and Sanitary Inspection Report (Form 236.8.6.7(a))'''<br /> <br /> The heading of the form is self-explanatory.<br /> <br /> In the first section following the heading, provide the street number of the inspected dwelling unit if possible. If that is not possible, use a location designation that will enable the dwelling unit to be readily located at a future date.<br /> <br /> In the next space, show the person who owned the property at the time of the inspection and that owner's address.<br /> <br /> The description of the property required in this section can be brief, but at the same time, must be adequate to accomplish its purpose.<br /> <br /> It will be necessary to contact the appropriate local city or county official to determine whether or not a local occupancy code exists which applies to the subject dwelling unit. If there is, have the city, or county, building inspector (or comparable local official) complete the third section of the form. Districts are authorized to payroll routine fees charged by local building inspectors in the same manner as any other incidental cost chargeable to relocation. (Local city and county inspectors can provide a separate written inspection report, letter, approved occupancy permit, city/county inspection report, etc., if they so desire in lieu of signing the department's Decent, Safe and Sanitary Inspection Report. If so, make reference to it in the third section of the department's Inspection Report covering the replacement unit and attach it thereto.)<br /> <br /> Do not confuse building codes for new construction (which are not applicable) with housing and occupancy codes for existing structures that are referred to in the decent, safe and sanitary standards.<br /> <br /> A simple &quot;yes&quot; or &quot;no&quot; in the appropriate spaces in the fourth section of the report is considered adequate; however, the inspector is encouraged to add any comments or statements the inspector feels would be desirable and beneficial on the back of the form.<br /> <br /> The inspector must check the appropriate space in the certification to show that the inspector does or does not consider the property to meet the applicable decent, safe and sanitary standards.<br /> <br /> If the inspector does not believe that the property meets minimum decent, safe and sanitary standards, the inspector should outline the reasons on the back of the form, or on an attached sheet.<br /> <br /> Sometimes the owner of a property that does not pass the decent, safe and sanitary inspection will want to make the necessary improvements and corrections to enable it to qualify. If so, a second inspection is necessary after the corrections have been made, and a new RA Form 236.8.5.4(a) must be completed. (A second inspection by the local building inspector would not be required if the local building inspector signed the original form.) Always retain both the original and new inspection reports in the unit file.<br /> <br /> '''(b) Inspection of Mobile Homes'''<br /> <br /> In addition to meeting the decent, safe and sanitary standards defined in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(j)]], mobile homes used as replacement housing must also meet minimum tie-down standards as defined in [https://revisor.mo.gov/main/OneSection.aspx?section=700.010 mobile Missouri Revised Statutes Chapter 700].<br /> <br /> '''(c) Rest and/or Nursing Homes'''<br /> <br /> Relocatees who occupy '''state approved''' rest homes or nursing homes as replacement dwellings, will be considered as having occupied a decent, safe and sanitary replacement and a routine decent, safe and sanitary inspection will not be required. The unit file must be documented to show that such rest or nursing home has been, and is currently, state approved.<br /> <br /> Rest and/or nursing homes, which have not been state approved, must meet the decent, safe and sanitary standards outlined herein and a Decent, Safe and Sanitary Inspection Report must be completed in the routine manner.<br /> <br /> '''(d) Inspection Procedure; In State'''<br /> <br /> It is necessary for districts to conduct decent, safe and sanitary inspections prior to the actual purchase or rental of a selected replacement dwelling unit, if a relocatee so desires, to ensure that the selected replacement meets required standards. Such pre-purchase and pre-rental inspections will be made only after a relocatee has selected a specific replacement that the relocatee intends to purchase or rent. Districts are in no way obligated to inspect random properties, or a series of properties, which a relocatee is merely considering. (Should such a request be made, the relocatee should be advised to make a selection and then, prior to making a commitment, request the inspection of that specific property.)<br /> <br /> In some instances, a relocatee may not request a decent, safe and sanitary inspection until after the relocatee has purchased or rented a replacement. In such cases, the inspection should be made as soon as possible after the district is informed that replacement property has been obtained.<br /> <br /> '''(e) Inspection Procedure; Out of State'''<br /> <br /> The Right of Way Section will, upon request from the district office, contact other State Highway and Transportation Departments and ask them to conduct decent, safe and sanitary inspections when Missouri relocatees move into their state.<br /> <br /> Requests for such action, from the district to the division, must be accompanied by a Decent, Safe and Sanitary Inspection Report Form (filled out to the extent possible) and the factual data necessary to enable the request to be honored, such as the name of the relocatee, address of the replacement property and any other information that would be beneficial to those making the inspection.<br /> <br /> The division will immediately forward such requests to the state involved. The completed form will be returned to the district as soon as it is received from the state conducting the inspection.<br /> <br /> If the replacement property is located in an adjoining state, and within reasonable distance from the Missouri State line, it will be permissible for department employees to conduct the inspection in lieu of requesting such action by another state. District engineers, whose district joins the state line, can normally authorize the necessary out-of-state travel to conduct such inspections.<br /> <br /> Should a situation be encountered where it is not feasible to obtain an out-of-state decent, safe and sanitary inspection through a local public agency it will be permissible, with prior approval from the Right of Way Section, to accept a certification from the relocatee that he/she has occupied decent, safe and sanitary replacement housing as defined in the department's [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.pdf Residential Relocation Brochure].<br /> <br /> '''(f) Written Notice of Decent, Safe and Sanitary Inspection Approval or Rejection'''<br /> <br /> Relocatees are to be promptly advised in writing of the results of the decent, safe and sanitary inspection of their selected replacement dwelling unit. A simple letter will suffice.<br /> <br /> If the unit meets decent, safe and sanitary standards, the letter should be worded as follows:<br /> <br /> &lt;blockquote&gt;&quot;The (dwelling/apartment/sleeping room, whichever is applicable) located at (street address or other specific location) which you have selected as a replacement for the unit from which you (are being/have been) displaced by the Missouri Department of Transportation meets the decent, safe and sanitary standards that are applicable to the department's Relocation Program. It is, therefore, an acceptable replacement dwelling unit so far as your relocation payment eligibility is concerned.<br /> <br /> The department's inspection of the unit was for the sole purpose of determining this particular phase of your eligibility for a relocation payment and this approval provides no assurance or guarantee that there are not unknown deficiencies in the unit or in its fixtures and equipment that may develop at a later date. The department will, therefore, assume no responsibility or liability should deficiencies be discovered in the future.&quot;&lt;/blockquote&gt;<br /> <br /> If the inspected unit does not meet decent, safe and sanitary standards, the letter should be worded in the following manner:<br /> <br /> &lt;blockquote&gt;&quot;The department cannot approve the (dwelling/apartment/sleeping room) located at (street address or other specific location) as meeting occupancy standards that are acceptable under the department's Relocation Program for the following reason(s):<br /> <br /> (list decent, safe and sanitary deficiencies)<br /> <br /> The unit therefore is not an acceptable replacement dwelling unit so far as your relocation payment eligibility is concerned.<br /> <br /> If the above-mentioned Relocation Program occupancy deficiencies are later corrected and/or eliminated, we will reinspect the unit for you upon request.&quot;&lt;/blockquote&gt;<br /> <br /> If a rejected unit is later reinspected and found to meet decent, safe and sanitary standards, the relocatee involved should be provided a routine approval letter as previously discussed in this subparagraph.<br /> <br /> It is permissible to provide owners of replacement dwelling units, and/or their agents, copies of decent, safe and sanitary approval (or rejection) letters.<br /> <br /> :'''NOTE:''' If a mobile home site is inspected prior to the time a relocatee reestablishes his/her other mobile home thereon, the preceding letter would not apply. In this case, the written decent, safe and sanitary letter should simply state that facilities at the proposed site are, or are not, adequate to enable the relocatee to reestablish a mobile home in a manner that will meet decent, safe and sanitary standards. The relocatee must also be advised in the letter that this inspection does not establish, or reject, his/her eligibility for a relocation payment and that it will be necessary for the department to inspect his/her mobile home after it has been reestablished at a replacement site to ensure that it is situated in a manner that meets the required standards. (A routine approval, or rejection, letter should be provided to the relocatee after the mobile home has been inspected at the replacement site. The previously discussed wording for conventional housing decent, safe and sanitary approval, or rejection, letters can be used with minor modifications as necessary to apply to a mobile home.)<br /> <br /> ==236.8.6 Relocation Assistance Program - Moving Cost Payments==<br /> <br /> ===236.8.6.1 Payment Eligibility===<br /> <br /> (a) '''Initial Occupant'''<br /> <br /> Any individual, family, business, farm operator or nonprofit organization which qualifies as a displaced person as defined in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(c)]], is entitled to reimbursement for the reasonable and necessary expenses of moving personal property when:<br /> <br /> :(1) the personal property is located on real property that is scheduled for acquisition by the department, either as an entire or partial acquisition,<br /> <br /> :(2) the personal property is located on remaining land which will be made inaccessible to the relocatee due to being legally and/or physically landlocked as a result of the right of way acquisition,<br /> <br /> :(3) the owner is in legal occupancy of the real property on which the personal property is located at (a) the time negotiations are initiated for the subject real property, (b) at the time the individual is served a &quot;Notice of Intent to Acquire-Relocation,&quot; or (c) at the time the real property was actually acquired by the department,<br /> <br /> :(4) the owner moves the personal property from the area being acquired or landlocked after the initiation of negotiations for the subject real property, or after receiving a &quot;Notice of Intent to Acquire-Relocation,&quot; whichever date is earliest, or<br /> <br /> :(5) the cost of moving the personal property does not substantially exceed the cost of replacing it at a new location. <br /> <br /> If the department's acquisition of real property used for a business or farm operation causes persons to vacate their dwellings or other real property not included in the right of way acquisition, or to move personal property from other real property not acquired as right of way, they may be entitled to the cost of moving such personal property. Eligibility for payment is normally limited to situations in which (1) the business or farm operation is moved to a new location that is not reasonably accessible to the existing dwelling, or (2) it is reasonably necessary for the relocatee to reside on, or in proximity, to the property on which his/her business or farm operation is located. <br /> <br /> When payment is made for moving personal property not located within the acquisition, as discussed in the preceding paragraphs, the unit file must be documented to show the necessity for moving such personal property. If doubt exists concerning the necessity for moving items not located within the right of way acquisition, contact the Right of Way Section. <br /> <br /> '''(b) Relocatee Initially Occupies Subject After Initiation of Negotiations (Subsequent Occupants)'''<br /> <br /> Preceding eligibility requirement number (3) makes it possible for persons who initially occupy a proposed right of way parcel '''after''' negotiations have been initiated for the parcel to become eligible for a moving cost payment.<br /> <br /> Persons who move to a property after the initiation of negotiations and vacate it prior to the time it is acquired '''are not eligible for moving cost payments unless''' they are provided a written notice to vacate by the department prior to the time they move. <br /> <br /> '''(c) Relocatee Displaced From Remainder of Partial Acquisition; Not Located Within Right of Way Acquisition Will Normally Be Eligible for Moving Cost Payments'''.<br /> <br /> See [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(c)(4)]], for an explanation of relocatee's eligibility.<br /> <br /> ===236.8.6.2 General Moving Cost Policies===<br /> <br /> '''(a) Policy Concerning More Than One Move'''<br /> <br /> Moving costs cannot be paid for more than one move of the same personal property without prior approval from the Right of Way Section. More than one move will not be approved unless it is clearly in the best public interest to do so. This policy does not apply when it is necessary to move personal property to and from storage.<br /> <br /> '''EXCEPTION''': Two moves can normally be justified when personal property is located within a temporary or permanent easement, one move from the easement area and another to return it after the easement (if temporary) reverts to the property owner. (If work is needed later on a permanent easement, '''no''' relocation assistance or payments will be provided.)<br /> <br /> '''(b) Distance of Move'''<br /> <br /> There is no limitation on the distance a relocatee moves personal property; however, moving cost payments must not include the expenses involved in moving the personal property more than 50 miles distance. However, when the relocation cannot be accomplished within 50 miles from the subject location the Right of Way Section may allow reimbursement of cost to the nearest adequate and available site.<br /> <br /> Moving cost payments can be made to cover the cost of moving personal property on to remaining or other lands owned by the relocatee or his/her landlord.<br /> <br /> '''(c) Owner Retention'''<br /> <br /> When an owner retains any item that was classified as real property, the cost of moving it to a new location is never eligible for reimbursement.<br /> <br /> If a retained dwelling is moved without removing the occupant's personal property, the relocatee can still be paid a moving cost payment based on the &quot;Fixed-Payment Moving Cost Schedule.&quot; No additional moving cost payment will be made. If, however, furnishings are removed during the time the building is being relocated, relocatee could be paid the actual cost of removing, storing and replacing the subject furnishings, or the fixed-payment option in lieu of actual costs.<br /> <br /> '''(d) Two or More Families Occupy Same Single-Family Dwelling Unit'''<br /> <br /> In most instances, the term &quot;families&quot; is used in explaining the procedures in this subparagraph; however, the principles and instructions also apply when one family jointly occupies a single-family dwelling unit with other individuals who are not a part of the family.<br /> <br /> Joint-occupancy families are entitled to separate moving cost payments if they are also eligible for separate replacement housing or rental subsidy payments.<br /> <br /> :'''(1) Separation After Displacement'''<br /> <br /> :In some instances, two or more families living together in the same single-family dwelling unit prior to displacement, will move into separate dwelling units after being displaced. When this occurs, each family can claim a separate moving cost payment, either the actual cost of moving their portion of the personal property involved or a payment based on the appropriate Fixed-Payment Moving Cost Schedule.<br /> <br /> :When the payment is based on the fixed-payment schedule, each family can be paid from schedule A, as discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(c)]], for the number of rooms they '''furnished''' plus $100, see section B of the Fixed Payment Moving Cost Schedule, per room for other rooms that were furnished by the other families in which the claimant had free and unlimited sharing privileges.<br /> <br /> :If one family provided all of the furnishings in the dwelling unit, that family will be paid from schedule A for all of the furnished rooms and the other family will be paid from schedule B, which relates to dwellings furnished by other parties, for the number of rooms they privately and jointly occupy. (Families which share a room that is jointly furnished, neither family has enough personal property therein to qualify for a full room, can each be paid $100, see section B of the Fixed Payment Moving Cost Schedule, for the jointly furnished room.)<br /> <br /> :'''(2) All Families Relocate Together'''<br /> <br /> :Families who live together prior to displacement will not be entitled to separate moving cost payments if they move to the same single-family replacement dwelling unit and continue to live together after displacement, regardless of the circumstances involved.<br /> <br /> ::'''(a) Separate Individuals Occupy Same Single-Family Dwelling Unit, Including Married Couples that are separated or Divorced After Initiation of Negotiations'''.<br /> <br /> ::If two or more eligible individuals with no identifiable head of household occupy the same single-family dwelling unit, they are to be considered as one &quot;family&quot; so far as moving cost payments are concerned and only one payment will be made regardless as to whether or not such individuals occupy the same replacement property. In such instances, all parties involved must sign the moving cost claim and the payment check must list as payee all persons who signed the claim. (An exception to this policy can be made, with approval from the Right of Way Section, if it is not reasonably possible or practical to issue one check due to hostilities between the individuals involved. In this case, the '''one''' payment that would have been made jointly to the relocatees can be divided among the eligible individuals.)<br /> <br /> ::'''(b) Personal Property Sold After Initiation of Negotiations and Prior to Displacement'''<br /> <br /> ::'''Fixed-Payment Option'''<br /> <br /> ::If the owners of personal property select the &quot;fixed-payment&quot; moving cost option sell or otherwise dispose of their personal property prior to its being removed from the subject parcel, they shall be entitled to the fixed payment under schedule B of the Fixed-Payment Moving Cost Schedule '''after''' such personal property has been removed from the right of way. The fact that the personal property was disposed of prior to its removal from the subject parcel has no effect on the eligibility of the relocatee to receive his/her fixed moving cost payment. (The person who purchased the personal property involved '''will not''' be eligible for reimbursement of the cost of moving it and such person '''is not''' covered by the policy discussed in EPG 236.8.6.1(b) even though the personal property had not been removed by the party who purchased it at the time the department acquired the subject real property.)<br /> <br /> ::'''Actual Cost Option'''<br /> <br /> ::If the owners of personal property select an &quot;actual cost&quot; moving cost payment, then sell or otherwise dispose of any of the personal property involved to another party prior to the time it is removed from the subject parcel, they will not be entitled to reimbursement for the cost of moving the items that were sold or otherwise disposed of. The party who acquired the subject personal property may be eligible for a moving cost payment under the policy discussed in [[236.8 Relocation Assistance Program#236.8.6.1 Payment Eligibility|EPG 236.8.6.1(b)]]. (Contact the Right of Way Section if payment eligibility problems are encountered.) If a business, farm or nonprofit organization is involved, the original owner, who owned the items at the initiation of negotiations, '''may''' be eligible for a &quot;Tangible Property Loss&quot; payment relating to the items sold and/or disposed of [[236.8 Relocation Assistance Program#236.8.6.4 Tangible Property Losses|(EPG 236.8.6.4)]].<br /> <br /> ::Department policy specifically prohibits relocation moving cost payments for items that are sold to customers of a business, farm operation or nonprofit organization, as well as the cost of moving items that are sold to customers and delivered by the relocatee.<br /> <br /> ::Moving cost payments to businesses, farm operations and nonprofit organizations are intended to reimburse qualified relocatees for the actual reasonable cost of moving items of personal property '''owned by them''' from the subject property to the relocatee's remaining or replacement property and '''is not''' intended to make payments covering the removal of merchandise, stock, or trade items sold by the relocatee in the conduct of business, farm or nonprofit operation and carried away by or delivered to the customer/buyer.<br /> <br /> :'''NOTE''': District personnel '''shall''' be responsible for detecting major and/or obvious changes in the quantity of personal property involved, which will substantially affect the moving cost payment amount, and also for ensuring that the cost of moving items that were sold or otherwise disposed of are not included in the moving cost claim, if such costs are sufficient to substantially affect the amount of the moving cost payment. [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|(EPG 236.8.6.9(b), and (c)]], which require an inventory of personal property involved if a business, farm or nonprofit organization is involved.)<br /> <br /> ::'''(c) Subject Real Property Sold to Another Party'''<br /> <br /> ::If a property owner sells his/her real property which is needed as right of way to another party after initiation of negotiations, and not directly to the department, and as a result, vacates such property prior to the time possession is required by the department, he/she will not be entitled to a moving cost payment as the displacement will be necessitated due to the sale of the property and not due to the acquisition. (A variety of circumstances can be encountered when a property owner sells to another party; therefore, if questions arise concerning moving cost payment eligibility, provide all facts to the Right of Way Section and request an eligibility decision.)<br /> <br /> ::'''(d) Payment Assurance to Moving Firms'''<br /> <br /> ::It is possible that relocatees, whose moving cost payments are to be based on &quot;actual costs,&quot; may not be financially able to employ a moving firm and pay for their move prior to receiving a moving cost payment from the department. When this situation exists, it is possible that moving firms will be unwilling to conduct the move without assurance that they will receive payment. In such instances, one of the three following actions should be taken.<br /> <br /> :::1. Provide the relocatees a letter confirming the moving cost payment offer (based on the lowest moving cost bid or estimate received) which they can present to the moving firm as proof that they will receive a payment from the department that will enable them to pay the mover.<br /> <br /> :::2. The relocatees can request, in writing, that the district office forward the moving cost payment check to the moving firm in lieu of having it mailed directly to them. (The check would be made payable to the relocatees in the routine manner and no change would be made in any procedure, except that the check would be mailed to the mover.) This action will ensure the mover that he/she can be present when the check is cashed.<br /> <br /> :::3. The moving firm can be paid directly by the department for conducting the relocatee's move if the relocate and moving firm agree in writing that this course of action is acceptable. Under this procedure the relocatee's name will not appear on the check and the check will be forwarded directly to the moving firm. If this course of action is considered necessary, the district must prepare an agreement which specifies that the department will pay the designated moving firm a specified sum for moving the personal property of the relocatee from one location to another (use address or locations) '''and''' that both the relocatee and moving firm are agreeable to this payment procedure. The relocatee, the moving firm and the district engineer must sign the agreement. The moving firm will be reflected as payee on the claim and on the payment check.<br /> <br /> ::When this course of action is used, make the following notation on the back of the claim form: &quot;A properly executed agreement is on file in the district office authorizing direct payment to the moving firm.&quot;<br /> <br /> ::The relocatee may also claim incidental moving costs that were not included in the moving cost claim that was paid to the mover. The district must be sure that the claim covering incidental costs does not include any items that were included in the original moving cost claim. Insert the following notation on the back of the claim covering the incidental expenses: &quot;Routine moving costs are being paid directly to the moving firm as per written agreement on file in the district office. The incidental costs listed in this claim are not included in the payment being made to the mover.&quot;<br /> <br /> ::Actions numbered (2) and (3) are not to be used unless the move cannot be otherwise successfully completed, and the third action is not to be used unless and until the first two have been specifically rejected, and is not to be considered as desirable and/or routine procedure. (Actions numbered (1) and (2) can also be used when a payment based on the fixed-payment schedule is involved.<br /> <br /> ::'''(e) Two Bids or Estimates Not Available'''<br /> <br /> ::The procedures for accomplishing various types of moves, as discussed later in this section of the manual, normally require that the district obtain at least two moving cost bids or estimates.<br /> <br /> ::When two bids or estimates are required and it is only possible to get one bid, advise the Right of Way Section of the facts involved and ask for authority to proceed on the basis of the one available bid or estimate. If this is not feasible, recommend an alternate solution. ([[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(c)(1)]], also contains specific instructions covering situations when only one estimate can be obtained when a business, farm or nonprofit organization is conducting a self-move.) If no bids or estimates can be obtained, recommend an alternate solution to the Right of Way Section.<br /> <br /> ::[[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(b)(2), 236.8.6.9(c)(1), and (2)]], discuss procedures to be applied under different circumstances when moving cost bids and estimates are not available.<br /> <br /> ::'''(f) Overtime Charges'''<br /> <br /> ::Moving cost payments must be based on &quot;straight time&quot; rates and not on overtime rates except in cases where it is essential that the move be conducted during &quot;off duty&quot; hours. Prior approval from the Right of Way Section is required before a move involving overtime rates is approved.<br /> <br /> ::Owners can move during hours requiring overtime rates, without approval by the department, and absorb the additional costs. If this is done, the moving cost payment would be based on the lower of two &quot;straight time&quot; bids.<br /> <br /> ::'''(g) Advertising Signs and Signboards'''<br /> <br /> ::Outdoor advertising signs/billboards are considered to be real property and are paid for in the routine right of way payment as real estate. Therefore only portable on-premise signs will be eligible for moving costs under the Relocation Program.<br /> <br /> ===236.8.6.3 Incidental Moving Costs===<br /> <br /> '''(a) Incidental Costs Applicable to All Moves--Residential, Business, Farm and Nonprofit Organizations'''<br /> <br /> :'''(1) Storage'''<br /> <br /> :If the district determines that it is necessary for displaced persons to store their personal property, the actual cost of such storage, not to exceed twelve months can be included in their moving cost claim. The unit file must be documented to explain why such storage was necessary and to justify the amount of the storage charges. The cost of storing personal property on real property being acquired, or on other property owned or leased by the relocatee, is not eligible for payment under the Relocation Program. If the most practical solution is for the personal property involved to be temporarily stored in '''rented''' mobile storage units parked on the subject property, such as vans, trailers, etc., the reasonable cost of renting such units may, with concurrence from the Right of Way Section, be eligible for reimbursement.<br /> <br /> :Moving cost claims that include storage costs must be accompanied by a paid receipt showing the amount paid as storage costs, length of storage period, where the personal property was stored, and if applicable, a breakdown of the storage costs. Storage costs '''cannot''' be paid when residential moving cost payments are based on the &quot;Fixed-Payment Moving Cost Schedule,&quot; or when a fixed non-residential payment is made in lieu of moving costs.<br /> <br /> :Should the owners of personal property sell the personal property involved while it is in storage, their eligible storage cost period will terminate at the end of the month in which it is sold and neither they or the buyer shall be entitled to any payment covering the cost of moving such personal property from the storage area.<br /> <br /> :'''NOTE''': When storage is necessary, the department will normally pay the reasonable cost of moving the personal property to the storage site and at the end of the storage period to a place designated by the relocatee '''provided''' the combined distance of both moves, to and from storage, does not exceed 50 miles distance. If the move from storage occurs later than 60 days after the end of the referenced 12-month period, the department will not reimburse the relocatee for the cost of moving the personal property involved from the storage site. (Exceptions for good cause can be recommended to and approved by the Right of Way Section.)<br /> <br /> :A storage period in excess of 12 months can be approved, with concurrence from the Right of Way Section, if the district determines that a longer period is necessary.<br /> <br /> :'''(2) Insurance'''<br /> <br /> :The cost of insurance premiums covering loss and damage of personal property while in transit or storage can be included in a moving cost claim based on actual expenses but must not exceed the reasonable replacement value of the personal property involved.<br /> <br /> :Claims including insurance premiums must be supported by paid receipts showing the amount paid for the insurance and the amount of coverage involved.<br /> <br /> :'''(3) Losses in Moving'''<br /> <br /> :The reasonable replacement value of property lost, stolen or damaged (not caused by the fault or negligence of the displaced person, his agent or employee) in the process of moving is reimbursable, when insurance to cover such loss or damage was not reasonably available. (This payment is not authorized when residential moving cost payments are based on the fixed-payment schedule, or when the fixed-payment non-residential option is selected in lieu of moving costs.) The replacement value of damaged personal property will not be paid if the damaged item can be reasonably repaired.<br /> <br /> :Before any losses are paid by the department the district must make a thorough investigation, and document the files accordingly, to determine (1) that such losses were not caused by negligence, (2) that damaged items could not reasonably be repaired, and (3) that applicable insurance was not reasonably available to cover the move. Moving cost claims including losses as discussed herein must be accompanied by a narrative resume' from the relocatee advising what losses or damages were experienced and how they occurred, as well as supported statements concerning the values of the items involved.<br /> <br /> :'''(4) Packing and Crating'''<br /> <br /> :The reasonable costs of packing, crating, unpacking and uncrating personal property are reimbursable incidental moving costs.<br /> <br /> :'''(5) Other Moving Related Expenses'''<br /> <br /> :In addition to the specific incidental moving costs discussed in the preceding subparagraphs, eligible relocatees can be reimbursed for other moving related expenses (not listed as ineligible in [[236.8 Relocation Assistance Program#236.8.6.7 Ineligible Moving Expenses|EPG 236.8.6.7)]] that the district, with Right of Way Section concurrence, determines to be reasonable and necessary.<br /> <br /> :'''(6) Low Value/High Bulk'''<br /> <br /> :When the personal property to be moved is of low value and high bulk, and the cost of moving the property would be disproportionate to its value in the judgment of the department, the allowable moving cost payment shall not exceed the lesser of:<br /> <br /> ::1. The amount which would be received if the property were sold at the site or<br /> ::2. The replacement cost of a comparable quantity delivered to the new location.<br /> <br /> '''(b) Incidental Costs Applicable Only to Residential Moves'''<br /> <br /> ::'''(1) Removal and Reinstallation Expenses; Appliances and Other Residential Personal Property'''<br /> <br /> ::The reasonable costs of disconnecting, dismantling, removing, reassembling and reinstalling relocated household appliances, and other personal property are reimbursable.<br /> <br /> :'''NOTE''': When residential moves are involved, relocatees are expected to accomplish routine tasks necessary to reestablish their residences, such as hanging drapes, pictures, etc., without paid assistance or reimbursement. An exception can be made to this policy when elderly or disabled relocatees are involved who are not physically able to accomplish such tasks, in which case, reasonable payments made by the relocatees to other persons for such services can be reimbursed as an incidental moving cost payment. The cost of altering or modifying residential items of personal property, to adapt it to the replacement dwelling, cannot normally be included as a reimbursable incidental moving cost.)<br /> <br /> ::'''(2) Cost of Transportation, Meals and Temporary Lodging'''<br /> <br /> ::When a residential move is involved, except when the fixed-payment option is applied, the costs of transportation of individuals and families to the replacement location are eligible for reimbursement up to a distance of 50 miles. Such costs can be on a mileage basis, computed as one trip from the property acquired to the replacement property, or actual costs if commercial transportation is used. <br /> <br /> ::Transportation costs must be reasonable. If an automobile is used, only one trip (via the most direct route), is eligible for mileage reimbursement. Exception to this one trip policy would be made if the size of the family involved necessitates an additional trip or the use of more than one automobile. The per mile reimbursement rate shall be the rate allowed by the Internal Revenue Service.<br /> <br /> ::The allowable rate for a given year may be obtained from the district Financial Services Department.<br /> <br /> :'''NOTE''': Make sure that the rate given is the actual IRS allowable rate rather than the allowable rate for reimbursement to MoDOT employees for use of their personal vehicles in conducting department business.<br /> <br /> ::Transportation costs can include special services such as the cost of an ambulance to transport invalid relocatees up to a distance of 50 miles.<br /> <br /> ::The actual reasonable costs of meals and lodging can be paid '''if''' it is '''necessary''' for the relocatees to &quot;eat out&quot; or spend a night in a motel or hotel because of the move. Meals &quot;eaten out&quot; and time spent in a motel or hotel merely for the convenience of the relocatee are '''not''' eligible for reimbursement. Meals &quot;eaten out&quot; during the time the relocatee's kitchen appliances and/or utilities are disconnected and overnight commercial lodging during the time the relocatee's bedroom furniture is not available at either location shall be considered reasonable. Lodging costs must not exceed routine rates charged in the area and meals must not exceed the per diem rates as identified at [http://oa.mo.gov/accounting/state-employees/travel-portal-information/state-meals-diem Office of Administration – State Meals Per Diem]. Receipts will be required to prove that such expenditures were made and the actual costs involved.<br /> <br /> ::When the actual move exceeds 50 miles, transportation costs as discussed herein shall be prorated and those applicable to a 50-mile move may be reimbursed. If an exception was made to the 50-mile payment limitation under the procedure authorized in [[236.8 Relocation Assistance Program#236.8.6.2 General Moving Cost Policies|EPG 236.8.6.2(b)]], it will also apply to the transportation costs discussed in this section.<br /> <br /> ::The temporary lodging provisions are not to be used to house relocatees while other quarters are being acquired or constructed, as comparable replacement housing must be available for occupancy prior to the time the relocatee is required to move.<br /> <br /> ::'''(3) Nonreturnable Mobile Home Park Entrance Fee'''<br /> <br /> ::Nonreturnable mobile home park entrance fees at the replacement site are reimbursable as incidental moving costs. Reimbursement for such fees cannot exceed the entrance fee charged by the selected comparable replacement mobile home park on which the relocatee's RHP was based.<br /> <br /> ::Also see [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(e)(1)]], which explains a circumstance under which mobile home sales tax can be paid as an incidental moving cost.<br /> <br /> '''(c) Incidental Costs Applicable Only to Business, Farm and Nonprofit Organization Moves'''<br /> <br /> :'''(1) Removal and Reinstallation Expenses--Machinery, Equipment and Other Personal Property'''<br /> <br /> :The reasonable costs of disconnecting, dismantling, removing, reassembling and reinstalling machinery, equipment and other personal property can normally be included in moving cost payments that are based on actual moving expenses.<br /> <br /> :The reasonable costs of making modifications in the '''personal''' property as necessary to adapt it to the replacement structure, replacement site, or to the utilities at the replacement site, are reimbursable incidental moving costs. The cost of modifications necessary to adapt the utilities at the replacement site to serve the personal property are also reimbursable. <br /> <br /> :Furthermore, the cost of extending utilities to the replacement site, for example, from the right of way to the replacement building or improvement, are reimbursable. <br /> <br /> :The costs of making modifications in, or physical changes to, the real property at the replacement location are also '''not''' reimbursable except as provided for in [[236.8 Relocation Assistance Program#236.8.6.6 Reestablishment Expense|EPG 236.8.6.6(a)(2)]].<br /> <br /> :If removal and reinstallation costs, not included in routine moving cost bids or estimates, are expected to exceed $1,000, the district must obtain two bids or estimates covering the removal and reinstallation costs. Reimbursement for this expenditure cannot exceed the lesser of the bids or estimates.<br /> <br /> :When compensable removal and reinstallation expenses are not included in the commercial mover's bill, the relocatee must attach paid receipts to his/her moving cost claim showing the separate costs related to each item involved. If such costs are included in the mover's bill, they must be itemized on the receipt in a manner that they can be identified.<br /> <br /> :'''(2) Licenses and Permits'''<br /> <br /> :The cost of any license, permit or certification required of the displaced person at the replacement location is reimbursable; however, the payment will be limited to the prorated cost applicable to the unexpired term of any existing license, permit or certification in effect at the displacement property.<br /> <br /> :'''(3) Professional Services'''<br /> <br /> :The reasonable costs of professional services '''necessary''' for (a) planning the move of personal property, (b) moving the personal property, or (c) installing the relocated personal property at the replacement site, are reimbursable.<br /> <br /> :Reasonable &quot;out-of-pocket&quot; fees paid to consultants for preparing inventories of personal property as required in [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9]], are normally reimbursable.<br /> <br /> :Relocatees should be encouraged to submit proposals for obtaining professional services, including the anticipated costs, to the district for prior approval.<br /> <br /> :'''(4) Re-lettering Signs, Replacement of Stationery and Notices of New Location'''<br /> <br /> :Actual reasonable cost of re-lettering signs and replacing stationery on hand at the time of displacement that is made obsolete as a result of the move are reimbursable.<br /> <br /> :The actual and reasonable costs of printing and mailing, or of publishing notices advising customers and others who need to know of the new location of a relocated business, farm operation or nonprofit organization are reimbursable. A pre-determined maximum expenditure should be agreed upon between the district and relocatee for this item of cost before a payment commitment is made.<br /> <br /> :'''(5) Search for Replacement Site'''<br /> <br /> :The owner of a displaced business, farm operation or nonprofit organization can be reimbursed for the actual reasonable '''and documented''' expenses incurred in searching for a suitable replacement property, not to exceed $2,500.<br /> <br /> :Applicable expenses can include:<br /> <br /> ::1. transportation--based on actual fees charged for commercial transportation or allowable IRS mileage rate when a private auto is used,<br /> <br /> ::2. meals away from home--not to exceed the per diem rates identified at [http://oa.mo.gov/accounting/state-employees/travel-portal-information/state-meals-diem Office of Administration – State Meals Per Diem], <br /> <br /> ::3. lodging away from home--not to exceed standard rates charged by motels or hotels in the area,<br /> <br /> ::4. the value of time actually spent in the search, based on the applicable and reasonable salary or earnings of the person(s) making the search. A statement of the time and hourly (or daily) wage rate must accompany the claim, and<br /> <br /> ::5. fees paid to a real estate agent, broker or other consultant to locate a replacement property, exclusive of any fees or commissions related to the purchase of such site.<br /> <br /> ::6. time spent in obtaining permits and attending zoning hearings<br /> <br /> ::7. time spent negotiating the purchase of a replacement site based on a reasonable salary or earnings.<br /> <br /> :All expenses claimed (except value of time spent in the search) must be supported by receipt bills.<br /> <br /> :Otherwise, eligible search costs incurred prior to the initiation of negotiations are reimbursable '''if''' (1) they were incurred due to reasonable anticipation of the property being acquired for a highway project, and (2) the relocatee becomes eligible for a moving cost payment.<br /> <br /> :'''(6) Costs of Attempting to Sell Personal Property'''<br /> <br /> :The reasonable cost incurred in attempting to sell an item of personal property that is not to be relocated is reimbursable.<br /> <br /> :'''(7) Purchase of Substitute Personal Property'''<br /> <br /> :If an item of personal property, which is used as part of a business, nonprofit organization or farm operation, is not moved but is promptly replaced with a substitute item that performs a comparable function at the replacement site, the relocatee is entitled to payment of the '''lesser''' of:<br /> <br /> ::(a) the cost of the substitute item, including installation costs at the replacement site, minus any proceeds from the sale or trade-in of the replaced item, or<br /> <br /> ::(b) the estimated cost of moving and reinstalling the replaced item, based on the lowest acceptable bid or estimate for relocating the item including incidental costs, but excluding any allowance for storage. (One bid or estimate is acceptable in determining the estimated cost of relocating an item when a low cost and/or uncomplicated move is involved.)<br /> <br /> :This procedure should be recommended to relocatees when it will cost more to move an item than to replace it in kind or with a suitable substitute at the replacement site. (If the relocatee insists upon moving the item, request procedural advice from the Right of Way Section.)<br /> <br /> :If a situation is encountered where the cost of moving an item that cannot be replaced or suitably substituted is substantially more than its value, provide all facts to the Right of Way Section and request procedural instructions prior to making a commitment to the relocatee. Facts submitted must clarify the importance and/or necessity of the item in carrying out the relocatee's business, farm or nonprofit operation.<br /> <br /> ===236.8.6.4 Tangible Property Losses===<br /> <br /> The owners of displaced businesses, farm operations or nonprofit organizations (either partial or complete displacement), who are eligible for a moving cost payment, can elect not to move some, or all, of their personal property and be reimbursed for the monetary loss they will experience by not moving such items '''provided''':<br /> <br /> :1. that such loss does not exceed the estimated cost of moving the item(s) involved, and<br /> <br /> :2. the relocatee made a bona fide effort to sell the items involved '''unless''' the district determines that such effort is not necessary (items &quot;traded-in&quot; on replacements will be considered as having been sold).<br /> <br /> Relocatees should not be excused from the requirement in 2 above unless it is rather obvious that the item(s) involved have no resale value. (When the district determines that an effort to sell is not necessary, the unit file must be documented to justify the decision.)<br /> <br /> The fact that relocatees claim tangible property losses for some of the items involved has no effect on their moving cost claim covering other items that were relocated. The district must be very sure, however, that the cost of moving items included as a tangible loss are not also included in a moving cost claim. (Items for which tangible property losses are paid must not be included in moving cost inventories, bids and estimates or moving cost agreements.)<br /> <br /> The tangible property loss payment will be the lesser of:<br /> <br /> :1. the depreciated in-place value of the item, less the proceeds from its sale, or<br /> <br /> :2. the estimated cost of moving the item including disassembling and reassembling, but with '''no''' allowance for storage, or <br /> <br /> :3. for reconnecting a piece of equipment, if the equipment is in storage or not being used at the acquired site.<br /> <br /> The term &quot;depreciated in-place value&quot; is synonymous with &quot;fair market value of the item for continued use at the displacement site.&quot;<br /> <br /> Items &quot;traded-in&quot; on replacements will be considered as having been sold.<br /> <br /> When payment for property loss is claimed for goods held for sale, the in-place value will be based on the cost of the goods to the relocatee, not on its potential selling price.<br /> <br /> The following procedure is applicable when eligible displacees desire to claim tangible property losses:<br /> <br /> '''Step One''': Ask the relocatee to prepare a statement showing the depreciated in-place value of each item involved. (The statement must explain and support the assigned in-place values.) If the district disagrees with the depreciated values shown in the statement, it should obtain its own value estimates for use in determining the property loss payment.<br /> <br /> In addition, the statement must show the proceeds from the sale of each item and the resulting net property loss assigned to each item. (The proceeds from the sale or, if applicable, the trade-in value allowance in the purchase of a substitute item, must be documented.)<br /> <br /> '''Step Two''': Prepare or obtain an estimate of the cost of moving the items involved to the replacement site, normally not to exceed 50 miles distance. (If the operation is discontinued, the moving cost estimate will be based on a moving distance of 50 miles.)<br /> <br /> '''Step Three''': Determine which is lesser, the net losses determined in step one or the moving cost estimate obtained in step two. The relocatee will be entitled to the lesser amount as a tangible property loss payment.<br /> <br /> Copies of the relocatee's statement and moving cost estimate should be attached to the file copy of the moving cost claim.<br /> <br /> Note that the relocatee's costs in selling the items involved can be included in the moving cost claim as an incidental moving cost; therefore, such costs are not considered in determining the tangible property loss payment.<br /> <br /> A space is provided on the moving cost claim form for claiming tangible property losses.<br /> <br /> ===236.8.6.5 Junkyards===<br /> <br /> Before paying for moving a junkyard, the district must determine that it is a legal operation. If it is not a legal operation, the owner will not be eligible for a moving payment. To obtain a determination concerning the legal status of each junkyard encountered, contact the Outdoor Advertising Manager, and provide answers to the following questions. <br /> <br /> :(a) Is the junkyard owner also the owner of the real estate on which it is located? If so, when did they purchase the real property? If rented, when did they occupy it?<br /> <br /> :(b) Was the junkyard established before or after the real property was purchased or, if applicable, rented?<br /> <br /> :(c) How far is the junkyard from the nearest highway and the type highway involved?<br /> <br /> :(d) Is it visible from the highway, and if not, why not?<br /> <br /> :(e) Is the junkyard properly licensed?<br /> <br /> :(f) Is it located within a city limits? If so, which city?<br /> <br /> It is also necessary, before a moving cost payment can be made for relocating a junkyard, that it be relocated on a legal site and in a legal manner. (If doubt exists concerning its legality after the move, the Outdoor Advertising Manager should again be contacted for a decision.)<br /> <br /> If a junkyard was a legal operation prior to the highway acquisition, and if it is reestablished as a legal operation after the move, and if the owner is otherwise eligible, the department will pay a business moving cost claim in the same manner as any other business.<br /> <br /> Eligible junkyard owners can also be reimbursed for the cost of moving the personal property (scrap) to a disposal site or recycling center where scrap is sold and '''physically destroyed'''. (Under no circumstances, however, can the owner become eligible for a moving cost payment if the personal property is sold and/or delivered to any person, company or firm who will retain or resell it as scrap.)<br /> <br /> Even though a junkyard is illegal, and as a consequence a routine moving cost payment cannot be made, the owner can still normally be paid for moving tools and equipment, other than junked car bodies, such as welding apparatus, hoists, air compressors, lathes, etc. Under this condition, he/she can also normally be paid for moving automotive or machinery parts that have been removed from disabled vehicles or equipment and placed in stock for sale. The portion for which the department will not pay moving costs, when the operation is illegal, normally relates to junked car bodies and parts.<br /> <br /> ===236.8.6.6 Reestablishment Expense===<br /> <br /> In addition to the moving payments previously described, a small business, as defined in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(1)]], farm, or nonprofit organization may be eligible to receive a reestablishment payment not to exceed $25,000. This payment is for expenses actually incurred in relocation and reestablishment at a replacement site and does not apply to part-time businesses in the home that do not contribute materially to the household income as defined in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(o)]]. Utilize [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocation%20Business%20Reestablishment%20Cost%20Agreement%20Form%20236.8.6.6.pdf RA Form 236.8.6.6] (Relocation Business Reestablishment Cost Agreement) when advance payments are a necessity.<br /> <br /> '''(a) Eligible Expenses'''<br /> <br /> Reestablishment expenses must be reasonable and necessary, as determined by the department. They may include, but are not limited to the following:<br /> <br /> :(1) Repairs or improvements to the replacement real property as required by federal, state or local law, code or ordinance.<br /> <br /> :(2) Modifications to the replacement property to accommodate the operation or make the replacement structures suitable for conducting the operation.<br /> <br /> :(3) Construction and installation costs for exterior signing to advertise the operation. If the relocatees were paid for a sign at the displacement site, their eligibility will be limited to the difference between what they were paid for the sign and the amount necessary to replace it with a comparable sign. Relocation agents should obtain the amount paid for the sign from the [[media:Form 236 6.6.6.doc|Form 236.6.6.6]]. Salvage value should be included as part of the replacement cost.<br /> <br /> :(4) Provisions for utilities from the right of way to improvements on the replacement site.<br /> <br /> :(5) Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling or carpeting.<br /> <br /> :(6) Feasibility surveys, soil testing and marketing studies, excluding any fees or commissions directly related to the purchase or lease of such site.<br /> <br /> :(7) Estimated increased costs of operation during the first two years at the replacement site for such items as:<br /> <br /> ::a. lease or rental charges,<br /> <br /> ::b. personal or real property taxes,<br /> <br /> ::c. insurance premiums, and<br /> <br /> ::d. utility charges, excluding impact fees.<br /> <br /> The relocation agent must verify that replacement sites were not available which would allow the operation to relocate without increased operating costs. The unit file must contain documentation of this verification.<br /> <br /> :(8) Impact fees or one-time assessments for anticipated heavy utility usage.<br /> <br /> :(9) Other items that the department considers essential to the reestablishment of the operation.<br /> <br /> In no event can the total reestablishment cost exceed $25,000.<br /> <br /> '''(b) Ineligible Expenses'''<br /> <br /> The following is a nonexclusive listing of reestablishment expenses not considered to be reasonable, necessary or otherwise eligible.<br /> <br /> ::(1) Purchase of capital assets, such as office furniture, filing cabinets, machinery or trade fixtures.<br /> <br /> ::(2) Purchase of manufacturing materials, production supplies, product inventory, or other items used in the normal course of the operation.<br /> <br /> ::(3) Interior or exterior refurbishment at the replacement site which are for aesthetic purposes, except as allowed in paragraph (a)(5) above.<br /> <br /> ::(4) Interest on money borrowed to make the move or purchase the replacement property.<br /> <br /> ::(5) Payment to a part-time business in the home which does not contribute materially to the household income.<br /> <br /> ===236.8.6.7 Ineligible Moving Expenses===<br /> <br /> The following expenses are not eligible for reimbursement and/or payment under the Relocation Program and must not be included in moving cost claims:<br /> <br /> :1. The cost of moving structures, improvements or other real property in which the displaced person reserved ownership.<br /> <br /> :2. Interest on a loan to cover moving expenses.<br /> <br /> :3. Loss of goodwill.<br /> <br /> :4. Loss of profits.<br /> <br /> :5. Loss of trained employees.<br /> <br /> :6. Any additional operating expenses of a business, farm or nonprofit organization incurred because of operating in a new location except as provided for in [[236.8 Relocation Assistance Program#236.8.6.6 Reestablishment Expense|EPG 236.8.6.6(a)(7)]].<br /> <br /> :7. Personal injury.<br /> <br /> :8. The cost of preparing the application for moving and related expenses.<br /> <br /> :9. Any legal fee for representing the relocatee in relocation matters, including appeals.<br /> <br /> :10. Expenses for searching for a replacement dwelling.<br /> <br /> :11. Physical changes to the real property at the replacement location of a business, farm or nonprofit organization except as provided for in [[236.8 Relocation Assistance Program#236.8.6.6 Reestablishment Expense|EPG 236.8.6.6(a)(1)(2)(3)(4) and (5)]].<br /> <br /> :12. Costs for storage of personal property on real property owned or leased by the displaced person except as provided for in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(a)(l)]].<br /> <br /> :13 Costs incurred to comply with OSHA, federal, state or local requirements except as provided for under [[236.8 Relocation Assistance Program#236.8.6.6 Reestablishment Expense|EPG 236.8.6.6(a)(1)]].<br /> <br /> :14. Refundable security and utility deposits.<br /> <br /> ===236.8.6.8 Residential Moving Cost Payments===<br /> <br /> '''(a) Definition of Residential Moving Costs'''<br /> <br /> Residential moving cost payments discussed in this paragraph relate to all personal property generally classified as household goods, furniture, appliances and any other items used in the establishment and maintenance of a home and is not used in the operation of a business, farm or nonprofit organization. Propane gas tanks owned '''by the gas company''' (not treated as structures owned by others in the appraisal) are normally moved under the procedure approved for partial displacement business moves as discussed later in this section.<br /> <br /> '''(b) Residential Moving Cost Payments; General'''<br /> <br /> Relocated individuals or families can be paid the actual, reasonable cost of a residential move accomplished either by a commercial mover of their choice or by themselves as a &quot;self-move,&quot; or they can elect to receive a predetermined amount based on the department's &quot;Fixed-Payment Moving Cost Schedule.&quot; Each of these three options will be discussed in the following paragraphs.<br /> <br /> In order to obtain a moving cost payment, a displaced owner must file a written claim with the district office, on a claim form provided by the department, within eighteen months after the later of the following dates:<br /> <br /> :(1) the date of displacement, which is the date that the move is completed, or<br /> <br /> :(2) the date of final payment for the displacement dwelling, including condemnation awards.<br /> <br /> Tenants must submit their claims within 18 months after the above-defined date of displacement.<br /> <br /> Moving cost payments cannot be made to relocatees until after the move has actually been conducted unless due to severe hardship when an advance payment was authorized.<br /> <br /> It is the district's responsibility to ascertain that amounts claimed as moving costs are reasonable and that receipts, statements and other documentation are both applicable and adequate. Required documentation '''must''' be retained in the district unit file. Claim forms submitted to the Right of Way Section for payrolling need not be accompanied by these supporting documents.<br /> <br /> '''NOTE''': The department will not normally reimburse relocatees for payments to separate movers (a) different mover than the firm which conducts their routine move) for moving works of art, paintings and other specialty items '''unless''' (1) the mover who conducts the routine move is unwilling to move such items, (2) the mover is not considered capable, or (3) the mover is not adequately insured to cover the items involved.<br /> <br /> '''(c) Fixed-Payment Moving Cost Schedule'''<br /> <br /> Individuals and families, who are displaced from their dwelling, or from a seasonal residence, can elect to receive a moving cost payment based on the department's &quot;Fixed-Payment Moving Cost Schedule.&quot; When a partial residential move is involved and the relocatee (occupant or non-occupant) elects to conduct a self-move based on the fixed-rate schedule, a flat rate of $100 per room or equivalent will be used not to exceed $1,000. (See [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Fixed%20Payment%20Moving%20Cost%20Claim%20Form%20236.8.6.8.D.pdf RA Form 236.8.6.8(d)]. Enter the total number of rooms in the first blank of no. 1. The second space will be the number of rooms times $100.)<br /> <br /> Succeeding owners of a deceased relocatee's personal property who did not also occupy the subject dwelling, and who therefore were not themselves displaced by the acquisition, are not eligible for a &quot;fixed-payment&quot; moving cost payment based on $100 per room not to exceed $1,000. <br /> <br /> The fixed-payment schedule is intended to be sufficient to cover a relocatee's entire moving expenses and when a moving cost payment is based on this option, no other incidental moving cost payments will be made.<br /> <br /> The approved fixed-payment schedule is displayed as [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Fixed%20Payment%20Moving%20Cost%20Schedule%20Form%20236.8.6.8.C.pdf Form 236.8.6.8(c)], at the end of this section. The following is an explanation of the schedule, which covers three types of occupants. [[236.8 Relocation Assistance Program#236.8.6.2 General Moving Cost Policies|(EPG 236.8.6.2(d)]], if two families occupy the same single-family dwelling unit.)<br /> <br /> '''Schedule A''': This covers situations in which a relocatee occupies and provides the furnishings for a dwelling unit. The following interpretations of the schedule are applicable.<br /> <br /> :(1) That an attic, basement, enclosed porch, separate shed or other similar-type storage areas can qualify as a compensable room, provided that such area contains furniture, appliances and/or other personal property reasonably equivalent to a routine furnished room. (Bathrooms, hallways and closets do not qualify and must not be counted as separate rooms.) NOTE: If the amount of personal property in a room or space actually contains more than the normal contents, the room count can be increased accordingly.<br /> <br /> :(2) That owner-occupants of mobile homes which are classified as '''real property''' shall be paid under this subschedule for moving their furnishings in the same manner as owner-occupants of conventional dwellings, based on the number of rooms in the subject mobile home.<br /> <br /> '''NOTE''': If an owner retains salvage rights to a mobile home and moves it to a new location, he/she would be entitled to a moving cost payment under the fixed-payment schedule for moving his/her furnishings even though the furnishings were not removed from the unit at the time it was relocated. (If the furnishings were necessarily removed from the unit and moved separately, the relocatee could elect to receive payment based on the actual cost of moving the '''furnishings'''. If the furnishings were not removed, the payment would, of necessity, be based on the fixed schedule.) Under no circumstances could the owner be paid for moving a mobile home that was acquired by the department as part of the real property. (Also see [[236.8 Relocation Assistance Program#236.8.6.2 General Moving Cost Policies|EPG 236.8.6.2(c)]], that provides compatible instructions relating to owners who retain and move their conventional dwellings.)<br /> <br /> :(3) If mobile home tenants own the furnishings within the unit, they shall be paid under this subschedule as any other tenants of conventional units who provides their own furnishings. Be very sure that each room in the mobile home contains enough detached (movable) furnishings to make it eligible to qualify as a compensable furnished room under the schedule. If some rooms are considered to be ineligible to qualify as a furnished room due to being sparsely furnished, it is proper to combine two or more of such rooms to qualify as one compensable furnished room.<br /> <br /> :(4) The number of &quot;eligible rooms&quot; on which the fixed-payment amount is based will be established by the relocation agent who is assigned to the unit at the initiation of negotiations and '''must''' be compatible with the number of rooms reflected in the Relocation Agent's Report, [http://eprojects/Templates/RW/Chapter%208_Relocation/Relocation%20Report%20Form%20236.8.5.4.pdf RA Form 236.8.5.4]. If the number of rooms shown in the applicable Relocation Agent's Report differs from the number shown in the Relocatee Needs Questionnaire, the &quot;difference&quot; must be explained under &quot;Comments&quot; on the Relocation Agent's Report.<br /> <br /> '''NOTE''': If an eligible relocatee who selects the fixed-payment moving cost option is also conducting a business operation '''in the home''', which does not qualify for a fixed-payment non-residential moving payment, it shall be considered to include the cost of moving '''all''' personal property located therein, both residential and business, and no other moving cost payment relating to the expenses of relocating such items will be authorized. (Should a fixed-payment non-residential moving payment be involved, or a separate business move, be very sure that the personal property related to the business is not considered when determining the number of eligible rooms that are to be included in the schedule payment.)<br /> <br /> If a business operation, as discussed in the preceding paragraph, is being conducted on the residential property (&quot;residential property&quot; relates to the land on which the dwelling is located and normal in size for a residential building lot in the area), but is in a '''separate building''' than the residence, the relocatee shall be permitted to select the fixed-payment option for the residential move and a separate business move (actual costs) covering the personal property used in relation to the business. Be sure that there is no duplication of payment involved. (Also see [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8]](g)).<br /> <br /> Personal property that is merely stored in sheds and &quot;outbuildings&quot; located on the residential property (no business operation involved) shall be included in the fixed moving cost payments, if such option is selected by the owner, regardless of the type of items involved and no separate moving cost payment shall be authorized.<br /> <br /> When a right of way acquisition includes an occupied residence located on a parcel larger in size than a normal building lot in the area, including those located on farms, the qualified owner shall be permitted to select the fixed-payment option for the residential move and also claim the actual cost of moving any items of personal property located on such &quot;extra land.&quot;<br /> <br /> '''Schedule B''': This applies to occupants when the furnishings in a dwelling unit are owned by someone other than its occupant, normally by the landlord in &quot;furnished units.&quot; (&quot;Sleeping rooms&quot; would normally fall within this category.)<br /> <br /> The occupants of mobile homes who do not own the unit or its furnishings shall be paid by use of this subschedule as any other occupant of a conventional furnished dwelling unit based on the number of rooms in the subject mobile home. The owner of the furnishings cannot be paid a fixed-schedule payment, but could normally qualify for a moving payment based on actual costs.<br /> <br /> Mobile home owners and tenants who occupy and leave their furnishings in a mobile home during the time it is being moved, and continue to occupy it after it is relocated, are not entitled to a fixed-payment. (The owner will be paid for moving the mobile home on an actual cost basis.)<br /> <br /> '''(d) Claim Form; Fixed-Payment Moving Cost Payment ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Fixed%20Payment%20Moving%20Cost%20Schedule%20Form%20236.8.6.8.C.pdf RA Form 236.8.6.8(c)])'''<br /> <br /> '''NOTE''': Several of the instructions discussed in this subparagraph, as noted, apply to all claim forms used in carrying out the Relocation Program and will not be repeated when other claim forms are discussed later in this manual.<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Fixed%20Payment%20Moving%20Cost%20Claim%20Form%20236.8.6.8.D.pdf RA Claim Form 236.8.6.8(d)], has been developed for the use by relocatees in claiming moving cost payments which are based on the &quot;Fixed-Payment Moving Cost Schedule.&quot; This form must be used in making claims of this type.<br /> <br /> The following general statements apply to '''all''' relocation claim forms.<br /> <br /> :(1) The claim form is to be completed by the relocatee (with the relocation agent's assistance if requested). <br /> <br /> :(2) The original claim form is to be signed. If a married couple is involved, both spouses must sign the claim. If the head of a household is single, or legally separated, his or her signature is adequate. If individuals are involved, no head of household, each person who is entitled to a share of the payment must sign the claim.<br /> <br /> A minor who is entitled to a relocation payment can sign his/her claim form. If a guardian has been appointed for the minor, the guardian should also sign the claim. In cases where infants or young children are involved, a guardian should always sign the claim on the child's behalf and the minor would not, of course, be required to do so.<br /> <br /> Guardians who execute claims should specifically sign as such by signing their name and writing immediately thereafter &quot;guardian for minor(s) '''(minor'(s)' name(s))'''&quot;.<br /> <br /> When cities or political subdivisions are involved, the claim is to be signed by the mayor or other applicable principal executive officer. Business and nonprofit organization claims are to be executed by the president or other principal officer of the firm or organization.<br /> <br /> :(3) When individuals are involved, the persons to whom the check is to be made payable should be the same as those who signed the claim (see [[236.8 Relocation Assistance Program#236.8.12 Relocation Assistance Program - Down Payment Assistance|EPG 236.8.12.4(b)]], concerning payee when down payment escrow agreement is used). In cases where both a minor and his/her guardian sign a claim list '''both''' as &quot;payees,&quot; in the following manner: &quot;('''minor's name''') and ('''guardian's name''') guardian for minor ('''minor's name''').&quot; If only the guardian signs the claim, omit the minor's name and reflect the guardian's name in the same manner as set out above, to wit: &quot;('''guardian's name''') guardian for minor ('''minor's name''').&quot; (If more than one minor is involved, list all of their names in the appropriate spaces.)<br /> <br /> Claims from businesses and organizations are normally signed as &quot;('''name of business''') by ('''individual'''), ('''title of individual''')&quot;, for example, &quot;Jones Construction Co. by John Jones, President.&quot; In this case, the check should be made payable to &quot;Jones Construction Co.&quot; An exception would exist when the operation is being conducted under a fictitious name, in which case, the name of the individual must also be included on the check in the same manner as it appeared in the claim signature. Claims from operations being conducted under a fictitious name will normally be signed in the following manner &quot;John Jones doing business as Jones Construction Company.&quot;<br /> <br /> The amount to be shown on the first line on the back of the form must be the same as the amount claimed and set out in the relocatee's certification on the front of the claim and the amount reflected in the certification on the back of the form.<br /> <br /> As noted, the next section on the back of the form is to be completed by the district and division accounting units. The balance of the reverse side of the form must be completed by the Relocation Section.<br /> <br /> :(4) Claims will not be processed for payment unless the check list &quot;boxes&quot; on the back of the form are checked, or an explanation is provided in &quot;Comments&quot; to justify a negative answer of &quot;unchecked&quot; box. Claims received in the Financial Services Division office that have not been completely filled out will be returned to the district for correction. (All spaces should be filled out or, if applicable, marked &quot;N/A&quot;.)<br /> <br /> :(5) If the claim is approved as submitted by the claimant, the amount so approved should be inserted in the space provided on the first line of the section provided for the district's certification.<br /> <br /> The district's certification, which covers three specific points, must be signed by the person assigned the responsibility of carrying out the Relocation Program in that district. In the absence of the individual authorized to sign such certificates (during vacation and sick leave), they may be executed by the district Right of Way Manager. (If someone else is designated to check the detailed items set out on the back of claim forms, such as &quot;Mathematical Computations Checked and Found Correct,&quot; etc., it is recommended that his/her, initials also appear on the back of the form.)<br /> <br /> :(6) If the claim is not approved, the reasons for its rejection must be set out in the last section of the form or, if necessary, on an attached sheet. This section must be signed by the same person authorized to sign certificates as discussed above, and also by the district Right of Way Manager to show that he or she agrees that claim rejection is necessary under the circumstances involved.<br /> <br /> Should the district Right of Way Manager desire to approve and submit for payment a claim which the person responsible for relocation, does not agree with, he/she must sign in the first signature space provided and the district engineer must co-sign in the space provided for concurrence. <br /> <br /> Detailed instructions concerning this particular claim form are as follows:<br /> <br /> The heading is considered self-explanatory.<br /> <br /> The term &quot;conventional&quot; used in the first line of the first section should be interpreted to mean any dwelling unit other than a mobile home. The space provided to show if &quot;two or more families&quot; are involved relates to situations where two heads of household are occupying the same unit. (If so, see [[236.8 Relocation Assistance Program#236.8.6.2 General Moving Cost Policies|EPG 236.8.6.2(d)]]) The space provided to show &quot;two or more individuals&quot; should be used when two or more individuals, with no identifiable head of household, occupy the same dwelling unit. Normally only one payment will be made and the amount thereof will not be changed or affected if such individuals move to separate replacement units. (See Exception in [[236.8 Relocation Assistance Program#236.8.6.2 General Moving Cost Policies|EPG 236.8.6.2(d)(2)(a)]]. In the second section show the addresses and dates as required. If a new house was constructed on the relocatee's remaining property, or other land he/she owned, check only the space entitled &quot;New House Construction.&quot; If he/she purchased a site and built a new house thereon, check this space and also the space entitled &quot;Purchased.&quot; The last line in this section refers to the subject replacement unit. (Did the department assist the relocatee in finding this particular replacement unit?)<br /> <br /> The third section that shows the payment computation, as well as the balance of the front of the form, is considered to be self-explanatory.<br /> <br /> Claims processed before the relocatee's new address and phone number are known, and before the occupancy date can be established, must be marked in the appropriate spaces on the form, &quot;Move Not Completed To Date.&quot; The district '''must''' obtain this information after the move is completed and document the files accordingly.<br /> <br /> '''(e) Residential Move by Commercial Mover; General'''<br /> <br /> Moves in this category include all situations where eligible relocatees employ and pay someone (normally a moving company or trucking firm) to move their personal property from the unit acquired by the department to replacement unit and claim reimbursement from the department for their actual and reasonable expenses. Normally applicable incidental moving expenses paid by such relocatee, as previously discussed under [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3]], are available for reimbursement under this moving payment option. (Partial displacements are discussed under a separate heading later in this section.)<br /> <br /> '''Step One''': The '''district''' must obtain at least two lump sum moving cost bids (in duplicate) from commercial movers who are qualified to conduct the relocatee's move. Each bid must reflect the total amount that will be charged for conducting the move.<br /> <br /> The relocatee must be given a reasonable opportunity to help select the two moving firms who will be asked to bid on his/her move. This can be accomplished by assembling a list of all certified moving companies in the area which are acceptable to the department. In rural and out-of-state areas, which are not readily served by certified movers, it is permissible to include the names of other local trucking companies who are equipped and capable of conducting the move.<br /> <br /> '''NOTE''': The Department of Economic Development, P. O. Box 1216, Jefferson City, Missouri 65102, maintains an approved list of certified movers.<br /> <br /> The reasonable preference of the relocatee should be honored; however, the district is not permitted to accept unreasonable requests which would not reflect good business practices, or which involve moving firms not acceptable to the department. If it is not reasonably possible to agree with the relocatee, the district has authority to carefully select qualified movers and to proceed without the relocatee's concurrence.<br /> <br /> Bids should not normally be obtained until after the relocatee has selected his/her replacement property so that the actual mileage involved will be considered. (See [[236.8 Relocation Assistance Program#236.8.1.14 Rental of Department-Owned Property|EPG 236.8.1.14(d)(l)]], if the relocatee is permitted to continue in occupancy after the end of the normal 90-Day possession period under an extension of possession agreement.)<br /> <br /> The department will not normally pay for bids in this situation as commercial movers will be bidding on an actual job, and if successful, will normally be employed by the relocatee to conduct the move; however, when unusual conditions warrant, reasonable payments can be made for the bids.<br /> <br /> Both bids must be on the same basis; for example, both bidders should include or exclude utility disconnections and reconnections. When requesting bids, always specify the exact services that are to be performed by the bidder. If bids are received which are not based on the same services to be performed, they must be revised by the bidder until they are based on compatible services. (If the district has reason to believe that the lowest of the two bids are not reasonable, they should obtain an additional bid from another commercial mover.)<br /> <br /> Copies of all bids must be retained in the unit file.<br /> <br /> Arrangements for making the move are the responsibility of the relocatee. The department will not contact or employ the mover on behalf of the relocatee and will not supervise the move except under unusual circumstances and then only after specific approval is granted by the Right of Way Section. Approval will not be granted unless the relocatees are physically or mentally incapable of such actions and when they do not have anyone else who is willing and able to do it for them.<br /> <br /> '''Step Two''': Submit copies of the bids to the relocatee together with one copy of a blank Moving Cost Agreement, [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Commercial%20Actual%20Cost%20Residential%20Form%20236.8.6.11.A.docx RA Form 236.8.6.11(a)]. Moving Cost Agreements prepared to provide a firm record of the pre-move agreement between the owner and the department are discussed in [[236.8 Relocation Assistance Program#236.8.6.11 Moving Cost Agreements|EPG 236.8.6.11]]. The relocatees must be advised to complete their portion of the agreement, reflecting the low bid therein, and return it to the district office for execution by the department. They should also be advised to wait until they receive an executed copy of the agreement from the district before authorizing the moving firm to conduct the move. The relocatees can employ any moving firm they desire to conduct their move; however, their moving cost payment will be for their actual cost '''not to exceed''' the low bid reflected in the Moving Cost Agreement.)<br /> <br /> As will be noted in the agreement form, the department will pay the relocatee '''either''' the actual and reasonable cost of conducting the move (as documented by paid receipts or other proof of expenditure) or an amount equal to the lowest of the two bids, whichever is the lesser. The department will also reimburse the actual cost of eligible (and reasonable) incidental costs as previously discussed.<br /> <br /> '''Step Three''': When the Moving Cost Agreement is received by the district from the relocatee, it should be reviewed, and if found proper, completed and signed.<br /> <br /> '''Step Four''': After the approved &quot;Moving Cost Agreement&quot; is returned to the relocatee by the department, the relocatee should cause the move to be completed, pay all moving and incidental costs and obtain paid receipts for each separate expenditure.<br /> <br /> '''Step Five''': After the move is completed and all applicable costs paid, the relocatee should file a claim for reimbursement using [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Commercial%20Form%20236.8.6.12.A.docx RA Form 236.8.6.12(a)]. No other claim form will be acceptable under this payment option. The claim must be filed within the 18-month period discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(b)]], (RA Form 236.8.6.12(a) is discussed in detail in [[236.8 Relocation Assistance Program#236.8.6.12 Claim Forms - Actual Cost Moving Cost Payments|EPG 236.8.6.12(a)]]).<br /> <br /> '''(1) Mobile Homes'''<br /> <br /> The owners of mobile homes that have been classified as personal property can claim the actual and reasonable cost of moving the unit to any location within 50 miles distance. The following policy is applicable for both mobile home owner-occupants and non-occupant owners.<br /> <br /> The owners of displaced mobile homes must follow the same five steps outlined in the preceding subparagraph to obtain reimbursement for the move. Moving cost bids should be from qualified bidders who are equipped and capable of moving mobile homes. When requesting bids for moving mobile homes, which preferably should be done in writing, always specify whether or not the mover will be expected to replace skirting, steps, underpinning, tie downs, to make utility disconnections and reconnections, and/or to provide any other services necessary to move and reestablish the mobile home. If bids are received which are not based on the same services to be performed by the bidders, they must be revised until they are based on compatible services.<br /> <br /> The department will reimburse the relocatee for incidental expenses related to the move, including disconnection and hookup of utilities and appliances. The cost of disconnecting water, sewer and gas service is also available for reimbursement, as is the cost of reconnection to public or private water, sewer and gas systems that are available at the replacement site. The cost of converting gas heating and/or cooling facilities from natural gas to LP gas, or visa versa, as necessary at the replacement site, can be included as a reimbursable incidental expense. The cost of extending water, sewer, electric or other utility lines to or on the replacement site, which is actually a capital improvement to the site, is not eligible for reimbursement as an incidental moving cost.<br /> <br /> The reasonable cost of removing &quot;skirting&quot; that was in place around the mobile home at the displacement site and the reasonable cost of reinstalling it at the replacement site can be included as a compensable moving cost expenditure. Should the skirting that was removed at the displacement site not be reusable at the replacement site, for a justifiable reason not caused by carelessness or negligence on the part of the relocatee, the reasonable cost of new skirting, together with its installation cost, can be included in the moving cost payment '''provided that''' the relocatee was not otherwise reimbursed for the loss of such existing skirting.<br /> <br /> If there was no skirting around the unit at the displacement site, the department will not participate in the cost of skirting at the replacement site '''unless''' skirting is specifically required to make the subject mobile home acceptable in the '''only''' comparable replacement mobile home site available to the relocatee.<br /> <br /> The reasonable &quot;tie-down&quot; costs at the replacement site can be a compensable incidental moving cost '''if''' the unit was tied down at the displacement site or is necessary to meet decent, safe and sanitary requirements.<br /> <br /> The reasonable cost of moving, or if more economical, the cost of replacing steps, porches, air conditioner platforms and other mobile home appurtenances of this nature (excluding hard surface &quot;pads&quot;), which are owned by the relocatee and which were not considered to be a part of the real property, can be considered as compensable incidental moving costs.<br /> <br /> Professional mobile home movers normally provide temporary replacements for missing and unserviceable wheels and/or tires as necessary to conduct a specific mobile home move as a part of their routine moving cost charge. Therefore, the department will not reimburse a mobile home owner for the replacement cost of missing and unserviceable wheels and/or tires, unless the district specifically confirms that the replacement of such items was necessary to conduct the move '''and''' that a mover was not available who would provide these items, or that the cost of replacing missing wheels and/or tires was less expensive than employing a mover who would provide these items as a part of his/her moving costs.<br /> <br /> The cost of providing a foundation for the mobile home on the replacement site is not a reimbursable moving expense '''except''' in instances where the mobile home was located, prior to the acquisition, on land owned by another party and the subject relocatees had provided their own unmovable foundation thereon, in which case, the actual and reasonable cost of providing a comparable foundation on the new site will be considered a reimbursable cost. (The value of such foundations, located on land owned by the same relocatee that owns the mobile home, will have been included in the routine right of way payment to the owner and a &quot;second&quot; payment under the Relocation Program would be considered duplication. The fact that such value was erroneously omitted from the right of way payment will not make the cost of a foundation reimbursable under this program.) The term &quot;foundation,&quot; as used in this paragraph, does not relate to or include concrete or other hard surface &quot;pads,&quot; even though such pads were built by the relocatee. Pads, due to their relationship to the property, will be considered a part of the real property and the replacement cost thereof cannot be included in moving cost payments.<br /> <br /> Those who purchased mobile homes from previous owners (other than mobile home dealers) prior to December 19, 1983, were not required to pay sales tax on the purchase price '''so long as''' the unit remained on the site it occupied at the time of purchase. If and when the unit is moved to a different site, the owner must then license the unit and pay sales tax on the amount he/she originally paid for it. Therefore, when a mobile home in this category is displaced by the department, and if the owner is required to pay sales tax as a result of the displacement, it is proper to consider sales tax and license as compensable incidental moving costs. <br /> <br /> After December 19, 1983, sales tax on pre-owned mobile homes is due and payable within 30 days after the date of purchase. Failure to comply by the buyer is a violation of law. Therefore, &quot;delinquent&quot; sales tax paid at the time of displacement, but which should have been paid at the time of the owner's purchase, will '''not''' be reimbursable under the Relocation Program.<br /> <br /> '''(f) Residential Self-Move'''<br /> <br /> '''Self moves based solely on the lower of two bids are not eligible for reimbursement'''.<br /> <br /> Individuals and families may conduct a self-move if they so desire, to include both occupant and non-occupant owners of mobile homes which have been designated as personal property based on the '''ACTUAL AND REASONABLE COST INCURRED''' to accomplish the move. All costs claimed under this option must be documented using [http://eprojects/Templates/RW/Chapter%208_Relocation/Actual%20Cost%20Self%20Moves%20Form%20236.8.6.8F.docx RA Form 236.8.6.8(f)].<br /> <br /> The relocatees and/or other individuals time required to accomplish the move such as packing, loading, transporting, unloading and unpacking of personal property may be considered as a cost incurred. The hourly rate charged for time shall not exceed the rate per hour paid to employees of local moving companies for the same unskilled tasks. The hourly rate shall be established periodically by district right of way personnel and relocatees advised of the approved rate at the time the moving option is explained.<br /> <br /> The names of all individuals involved in the moving of personal property, activity performed, starting and ending time each day, plus total hours worked will be part of the documentation the relocatee is required to submit to the district office. The cost of renting equipment to accomplish the move may be claimed provided paid receipts are furnished.<br /> <br /> Mileage reimbursement for personal vehicles used in moving may be claimed at the rate allowed by the Internal Revenue Service. The allowable rate for a given year may be obtained from the District Financial Services Department.<br /> <br /> '''NOTE''': Make sure that the rate given is the actual IRS allowable rate rather than the allowable rate for reimbursement to MoDOT employees for use of their personal vehicles in conducting department business. The odometer reading on personal vehicles must be recorded at the beginning and end of the move.<br /> <br /> Reimbursement for all incidental costs discussed in this chapter is also available under this moving option. It should be specifically pointed out to relocatees, however, that losses in moving and damages incurred in moving will not be paid if insurance covering such losses was available (though not purchased) and also when such losses are due to the fault, negligence or inexperience on the part of the relocatee or because proper moving equipment was not available to them. All incidental expenses claimed by the relocatee must be documented by paid receipts or other proof of expenditures.<br /> <br /> All costs submitted to the department for payment under this moving option shall be reviewed by the relocation agent assigned to the parcel to determine the reasonableness of such costs. If the cost exceeds $1,000, an estimate should be prepared by a right of way employee or commercial mover to determine the reasonableness of the cost. If the estimate is prepared by an employee, previously obtained bids from commercial movers (or previous estimates prepared by employees) to conduct a move on other properties would be a source of information to use in making the estimate. [http://eprojects/Templates/RW/Chapter%208_Relocation/Actual%20Cost%20Self%20Moves%20Form%20236.8.6.8F.docx Form 236.8.6.8(f)], should be provided to the relocatee to record cost to be submitted to the district.<br /> <br /> The 50-mile radius distance rule from displacement property applies to this moving option just as it does to all others; however, the mileage for all '''necessary trips''' between the displacement and replacement site are eligible cost even when total miles traveled exceeds 50 miles.<br /> <br /> A moving cost agreement is not necessary with the self-move option.<br /> <br /> '''(g) Combined Residential and Business or Farm Moves'''<br /> <br /> If a right of way acquisition from the '''same''' property necessitates the relocation of both residential personal property and personal property used in relation to a business or farm operation, and the relocatee selects the &quot;actual cost&quot; payment option (either by commercial mover or self-move), the district has authority to authorize them to include all items involved in one move (the same moving cost estimates, bids, moving cost agreement and claim), or to require the residential and business or farm move to be separated.<br /> <br /> The decision as to whether one overall move, or two separate moves, is involved should be based on the amount and type of personal property involved and on its compatibility in relation to being moved by the same mover and with the same moving equipment. (If it is practical to do so, one &quot;combined&quot; move should be conducted. If this is not practical, however, there should be no hesitancy in authorizing two separate moves as the overall cost should not be substantially different.)<br /> <br /> If the overall personal property relocation is processed as two separate moves, each should be handled as if the other did not exist so far as bids, estimates, moving agreements and claims are concerned.<br /> <br /> If all items involved, residential and business or farm, are handled as one move, it should be considered as a residential move for statistical and reporting purposes.<br /> <br /> Should the relocatee claim, and be paid, a fixed moving payment, the district must be very sure that the cost of moving personal property related to the business or farm operation is not included in the department's moving cost payment.<br /> <br /> See the second unlettered &quot;NOTE&quot; in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(c)]], Schedule A(2), if a relocatee, under a &quot;combined&quot; situation of this type, selects the fixed-payment moving cost option for his/her residential move.<br /> <br /> ===236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments===<br /> <br /> '''(a) Business, Farm and Nonprofit Organization Moving Cost Payments; General'''<br /> <br /> Moving cost payments discussed in this paragraph include all moves except those classified &quot;residential&quot; as defined in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(a)]]. (Moves involving partial displacements are discussed in [[236.8 Relocation Assistance Program#236.8.6.10 Partial Displacements; Residential, Business, Farm and Nonprofit Organization|EPG 236.8.6.10]].<br /> <br /> Owners of businesses, displaced farm operations and nonprofit organizations can either employ commercial movers to relocate their personal property, conduct a self-move, or have a combined commercial and self-move.<br /> <br /> Moves which involve large and/or complicated moving cost payments must be monitored, at both the displacement and replacement sites, by district personnel to the extent necessary to ensure that the personal property involved was actually moved (at the relocatee's expense) to their remaining or replacement property and that the moving cost claim is reasonable and accurate. The unit file should be documented to show that such action was taken. (Also see [[236.8 Relocation Assistance Program#236.8.6.2 General Moving Cost Policies|EPG 236.8.6.2(f)]], Overtime Charges).<br /> <br /> To ensure that the district will have an opportunity to monitor each move, the owners of displaced businesses; farm operations and nonprofit organizations must provide advance written notice of the date the move will begin. Failure to provide the written notice, or to permit district monitoring at both the displacement and replacement sites, can cause forfeiture of moving payment eligibility.<br /> <br /> The district has authority to waive this requirement for non-complicated moves, which do not warrant on-premise monitoring. When the requirement is waived, a justification statement must be placed in the unit file. <br /> <br /> Applicable Moving Cost Agreements discussed later in this section relate to a 5-day advance written notice of the moving date; however, this period is flexible and can be extended or reduced by the district as necessary to fit a particular situation.<br /> <br /> :'''(1) Multi-Family and Single-Family Furnished Rental Units'''<br /> <br /> :The owners of furnished multi-family dwellings or furnished single-family dwellings, which they do not occupy, can be reimbursed for the cost of moving such furnishings as a routine business move under the policies and procedures outlined herein.<br /> <br /> :'''(2) Entire Displacement; Partial Acquisitions'''<br /> <br /> :If the majority of a business property or farm operation is being acquired as right of way, and/or if the right of way acquisition is so severe that the business or farm operation cannot be continued, the owner can be paid for moving all personal property used in connection with the business or farm operation including items located outside of the right of way acquisition, provided that such items are moved within a reasonable time after acquisition normally by the end of the relocatee's authorized possession of the acquired area unless an extended time period is agreed upon in writing between the district and relocatee. The file must be documented to show why the entire business or farm operation must be relocated when a partial acquisition is involved.<br /> <br /> :'''(3) Two or More Owners of Personal Property Involved'''<br /> <br /> :In instances where several different persons or firms own personal property located on business or farm real property being acquired by the department, each owner is entitled to the cost of moving his/her items of personal property. The claim of each personal property owner would be handled separately.<br /> <br /> :'''(4) Buildings Moved With Personal Property Intact'''<br /> <br /> :If business buildings are retained by the owner and moved to a new location without the necessity of removing the personal property therefrom, the owner of such personal property would be entitled to a moving cost payment equal to the additional charge, if any, by the &quot;house mover,&quot; due to the personal property being left in the building during the time it is being moved. Claims involving situations of this type must be supported by bids showing the cost of moving the building with and without the personal property remaining therein.<br /> <br /> '''(b) Business, Farm and Nonprofit Organization; Commercial Mover'''<br /> <br /> Moves in this category include all situations where the qualified owners of displaced businesses, farm operations and nonprofit organizations employ someone to move their personal property from real estate acquired to a replacement site and claim reimbursement for their actual and reasonable moving expenses. Normally applicable incidental moving expenses paid by the relocatee are available for reimbursement under this moving cost payment option.<br /> <br /> If the relocatee moves more than 50 miles distance, the payment will normally be based on the prorated portion of the moving costs that would have been applicable for a 50-mile move. (See [[236.8 Relocation Assistance Program#236.8.6.2 General Moving Cost Policies|EPG 236.8.6.2(b)]], if the move exceeds 50-mile distance.)<br /> <br /> It is permissible for a business, farm or nonprofit organization owner to employ two or more separate commercial movers when necessary, due to the need for specialized moving equipment and/or expertise.<br /> <br /> It is also permissible for such owners to conduct a move by employing a commercial mover to move part of their personal property and move the balance as a self-move.<br /> <br /> Instructions covering the situations discussed in the two preceding paragraphs are provided in the following paragraphs ([[236.8 Relocation Assistance Program#236.8.6.11 Moving Cost Agreements|EPG 236.8.6.11]], Moving Cost Agreements, and [[236.8 Relocation Assistance Program#236.8.6.12 Claim Forms - Actual Cost Moving Cost Payments|236.8.6.12]], Claim Form).<br /> <br /> [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(1)]], if removal and reinstallation costs are expected to exceed $1,000.<br /> <br /> :'''(1) Moving Cost Bids are Available'''<br /> <br /> :The following procedure is applicable when eligible owners of businesses, farm operations and nonprofit organizations elect this moving cost payment option and it is practical (reasonably possible) to obtain prior moving cost bids from qualified moving firms.<br /> <br /> :'''Step One''': Obtain an inventory from the relocatee showing the items of personal property that are to be moved. (The relocation agent can assist the relocatee in the preparation of the inventory if it is in the department's best interest to do so.) It is permissible for small items to be grouped into &quot;lots&quot; or to be &quot;lumped&quot; together in some other type of identifiable unit such as a specific number of bins, boxes, barrels, etc. The relocation agent must make an on-site inspection of the items involved and ensure that the inventory is reasonably accurate. He/she must also ensure that none of the items of personal property listed in the inventory are included in the real estate appraisal as real property. (The &quot;Relocation Agent's Report&quot; must show that the on-site inspection was made and that he/she also determined that none of the items involved were included in the appraisal as real property.) Inventories should normally be prepared either (1) at or near the time of the actual move, or (2) at or near the time that the department acquires the subject parcel, '''whichever occurs first'''. This will ensure, if the move occurs prior to the date of acquisition, that the inventory will reflect all of the items, and only the items, that will actually be relocated and, if it occurs after that date, that only the items that were on hand at the time the property was actually acquired by the department will be included therein.<br /> <br /> :If for any reason the relocatee fails to provide the required inventory, so advise the Right of Way Section before proceeding to the next step.<br /> <br /> :'''Step Two''': The district must obtain at least two moving cost bids, based on the cost of moving the items set out in the above-mentioned personal property inventory, from commercial movers who are qualified to conduct the move. It is highly desirable that the relocatee be given an opportunity to concur in the selection of moving firms who will prepare the bids. (The '''reasonable''' desires of the relocatee should be given serious consideration in making the selection.) Bids should not normally be obtained before the relocatee has selected a replacement site so that the bidders will be aware of the actual mileage involved. (See NOTE A at the end of this subsection if an extension of possession agreement is involved.) If the lowest bid appears unreasonable, the district must obtain an additional bid to ensure that the moving cost agreement will be based on an acceptable amount. It is expected that bids will be provided by the selected moving firms without cost as the movers will be bidding on an actual job; however, for good reason and with prior approval from the Right of Way Section, movers can be paid reasonable fees for preparing bids covering a specific move.<br /> <br /> :Be sure that the bids are prepared on the same basis, same services to be performed by the movers. If bids are received which are not based on the same services, cause the bids to be revised by the bidder(s) until they are compatible.<br /> <br /> :Copies of all bids must be retained for the unit file.<br /> <br /> :'''Step Three''': Submit copies of the bids to the relocatee together with a copy of a blank moving cost agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Commercial%20Mover%20Bids%20Form%20236.8.6.11.B.pdf RA Form 236.8.6.11(b)]. The relocatee must be advised to complete his/her portion of the agreement (reflecting the low bid therein) and return both copies to the district office for execution by the department. The relocatee should also be advised to wait until he/she receives an executed copy of the agreement from the district before authorizing the moving firm to conduct the move. (The relocatees can employ any moving firm they desire to conduct their move; however, their moving cost payment will be for their actual cost '''not to exceed''' the low bid reflect in the moving cost agreement.)<br /> <br /> :'''Step Four''': The Moving Cost Agreement, when received by the district from the relocatee, should be carefully reviewed, and if found proper, completed and signed. A copy is to be returned to the relocatee and the original retained for the unit file.<br /> <br /> :'''Step Five''': After the approved Moving Cost Agreement is returned to the relocatee, he/she should provide the 5-day written moving date notice (unless waived by the district) and cause the move to be completed. The relocatee should be sure that he/she retains all receipts and cost documentation necessary to support the claim. (Normally a paid receipt from the mover plus paid receipts covering eligible incidental moving costs will suffice.)<br /> <br /> :'''Step Six''': After the move is completed, the relocatee must provide the district an inventory of the items of personal property that were actually moved to his/her remaining or replacement property. If all of the items that were included in the original pre-move inventory were moved, the relocatee can use a copy of the same inventory by changing the certification to state that all of the items listed therein were actually moved to the remaining or replacement property. If the items actually moved differ from those listed in the pre-move inventory, he/she can either adjust a copy of the pre-move inventory by &quot;lining off&quot; items that were not moved or prepare a new post-move inventory. (The relocatee can also add eligible items which were omitted from the pre-move inventory, if such items were actually moved, to offset all or a portion of the items that were lined off or removed from the post-move inventory; '''however''', items added cannot cause the payment to exceed the original low bid that was used in the Moving Cost Agreement without specific approval from the Right of Way Section.) In every instance the post-move inventory must contain a statement that all of the items listed therein were actually moved to the relocatee's remaining or replacement property.<br /> <br /> :'''Step Seven''': The district must conduct an on-site review of the post-move inventory to ensure that it is reasonably accurate and that it does not contain any items of real property that were retained and moved by the relocatee. The &quot;Relocation Agent's Report&quot; must show that this action was taken and that both determinations were made. (If the relocatee moves to another state, making it impractical to conduct a post-move on-site inspection, so advise the Right of Way Section and request instructions.)<br /> <br /> :If the post-move inventory is substantially the same as the pre-move inventory, or if it reflects an increase in the number of items and/or quantities, the relocatee can be paid the actual moving costs, not to exceed the approved amount in his/her Moving Cost Agreement. He/she can also be paid eligible documented incidental expenses. (If due to extenuating circumstances the district feels that a moving cost payment should be approved which exceeds the low bid reflected in the Moving Cost Agreement, a well-explained and justified recommendation to this effect should be submitted to the Right of Way Section.)<br /> <br /> :If there is a significant reduction in the number of items and/or quantities listed in the post-move inventory, as compared to the pre-move inventory, take whichever of the two following actions that is applicable.<br /> <br /> ::1. If the mover who submitted the approved low bid that was used in the Moving Cost Agreement actually conducted the move, determine that the charge to the relocatee was appropriately reduced in relation to the original bid that included the cost of moving all items and quantities that were listed in the pre-move inventory. (If it was not appropriately reduced, the district must adjust, or cause to be adjusted, the original low bid amount to eliminate the cost of moving items which were not actually moved. Such adjusted bid amount will be the maximum that the relocatee can be paid, exclusive of documented incidental moving costs.) OR<br /> <br /> ::2. If the actual move was conducted by someone other than the mover who submitted the low bid that was used in the Moving Cost Agreement, it will be necessary for the original bidder to revise his/her bid to eliminate the cost of moving the items and/or quantities which were not actually moved. The revised bid will establish the maximum moving cost payment that the relocatee can receive, exclusive of properly documented incidental moving costs.<br /> <br /> :If it is impractical to obtain a revised bid from the original bidder, document the unit file and obtain a revised bid or estimate from some other source. (Under this circumstance, commercial movers can be paid reasonable fees for revising their original moving cost bids.)<br /> <br /> :'''Step Eight''': The relocatee must file his/her claim for reimbursement within the 18-month period discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(b)]].<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Commercial%20Form%20236.8.6.12.A.docx RA Claim Form 236.8.6.12(a)], must be used in claiming the payment. The claim should include the actual documented cost of the basic move, not to exceed the amount set out in the Moving Cost Agreement or, if applicable, an adjusted amount as discussed in preceding Step Seven, plus allowable and documented incidental expenditures.<br /> <br /> :Note that there is no provision for reimbursement for the cost of time spent by the relocatee or his/her employees in moving as the accepted bid from a qualified mover will normally cover the cost of conducting the move in its entirety with minimum assistance or supervision on the part of the relocatee. (An exception can be made, with prior approval from the Right of Way Section, when substantial additional supervision is required of the relocatee due to the unusual complexity of the move. When such exception is made, it will be necessary to modify the Moving Cost Agreement to cover reimbursement of the actual and reasonable cost of such supervision and to specify the documentation that will be required to support this item of cost on the claim, which will be the same documentation required in following [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(c)(2)]], covering time spent by the relocatee in conducting a move when moving cost estimates are not available. When this cost item is authorized, it is highly desirable that a predetermined maximum supervisory payment amount be established and agreed upon.)<br /> <br /> '''NOTE A''': Extension of Possession Involved<br /> <br /> If a business, farm or nonprofit organization is permitted to continue in occupancy of the subject property under an Extension of Possession Agreement, take the following actions:<br /> <br /> '''One''': Obtain a pre-move inventory of the personal property on hand at the time the department acquires the displacement property, which is normal procedure when the move has not been conducted prior to that time.<br /> <br /> '''Two''': Include clauses in the Extension of Possession Agreement to establish that the relocatee understands and agrees:<br /> <br /> :(1) that his/her moving cost payment will not be made until after he/she actually accomplishes the move and vacates the subject real property,<br /> <br /> :(2) that his/her payment will cover only the reasonable cost of moving the items of personal property that are included in the pre-move inventory that was prepared at the time the department acquired the real property involved and that the cost of moving items of personal property obtained after such inventory was completed will be borne solely by the relocatee. (It will be permissible to modify this clause to allow the reasonable cost of moving additional specifically named items that were on order, though not delivered, at the time the pre-move inventory was made or, with prior approval from the Right of Way Section, to modify it in some other manner as necessary to ensure that the relocatee will be treated fairly and equitably),<br /> <br /> :(3) that the amount of the payment (exclusive of approved incidental costs) will be based on the lowest of two bids obtained from qualified movers just prior to his/her future move, covering '''only''' the cost of moving the items of personal property included in the above referenced pre-move inventory, plus, if applicable, any other specific item as discussed in (2) above, and<br /> <br /> :(4) that the relocatee agrees to notify the district, in writing, of his/her intent to move from the subject real property at least five days in advance of the planned moving date, but after a replacement site has been selected, to enable moving cost bids to be obtained and a Moving Cost Agreement to be prepared and executed.<br /> <br /> '''Three''': Upon receiving notice that the relocatee plans to vacate the subject real property, obtain at least two moving cost bids under the procedure set out in &quot;Step Two&quot; in preceding subparagraph (b). For benefit of the relocatee, the moving cost bids can be based on the total amount of personal property to be moved, even though additional &quot;noncompensable&quot; personal property was placed on the subject real property after it was acquired by the department; '''however''', such bids '''must show separately''' the cost of moving only the items that were included in the pre-move inventory, plus any other specifically approved items. (The approved low bid price for moving the items included in the pre-move inventory, plus the cost of moving any additional items as discussed in preceding subparagraph &quot;two,&quot; will be reflected in the Moving Cost Agreement.)<br /> <br /> '''Four''': Complete the transaction by following the appropriate procedure set out in Steps Three through Eight in preceding subparagraph (b).<br /> <br /> The probability that moving costs will increase during the extended possession period due to inflationary trends, should be considered when determining whether or not to permit a relocatee to continue in occupancy and, if permitted, in determining the amount of the monthly rental fee.<br /> <br /> :'''(2) Moving Cost Bids Are Not Available'''<br /> <br /> :If it is not practical to obtain advance moving cost bids due to the complexity of a move, the relocatee can be authorized by the district (with prior approval from the Right of Way Section) to conduct the move without them.<br /> <br /> :When the requirement for obtaining moving cost bids is waived due to the complexity of the move, follow the procedure set out in following [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(c)(2)]]. Due to the anticipated complexity of a move of this type, the relocatee will be authorized to claim reasonable reimbursement for time spent in supervising the move and for the actual time spent by his/her employees in conducting the move, as well as the reasonable operating cost of company-owned equipment used in conducting the move even though the move may be conducted primarily by a commercial mover. (Documentation requirements discussed in EPG 236.8.6.9(c)(2), are applicable.)<br /> <br /> :If the relocatee intends to employ a commercial mover to conduct the principal portion of the move, the district and relocatee should agree in advance upon a specific moving firm (or firms) to conduct the move. This can best be accomplished by permitting the relocatee to select a moving firm from a listing of certified moving companies that are acceptable to the department. (If the relocatee will not agree to employ a moving firm which is acceptable to the district, so document the file and inform the relocatee that it may be necessary to fully audit all records relating to the move, including the moving firm's records, before his/her moving cost claim will be paid by the department.)<br /> <br /> '''(c) Business, Farm and Nonprofit Organization; Self-Moves'''<br /> <br /> The qualified owners of any displaced businesses, farms or nonprofit organizations have the option of conducting a self-move. Under this option the relocatees will move the personal property and will not employ a commercial moving company to conduct the move.<br /> <br /> :(1) '''Moving Cost Estimates are Available'''<br /> <br /> :The following procedure is applicable if estimates can be obtained of the amount that would have been charged by a commercial mover for conducting the move. (If the accuracy of the only estimates available is questionable, request advice from the Right of Way Section before proceeding, as it may be desirable to work out an &quot;actual cost&quot; agreement.)<br /> <br /> :'''Step One''': The relocatee must prepare an inventory of the items of personal property that must be moved as a result of the right of way acquisition. The inventory must identify the items and quantities involved. (Step One in preceding section (b) provides a more detailed discussion of pre-move inventories, which is generally applicable when a self-move is involved.)<br /> <br /> :Inventories should normally be prepared either (1) at or near the time of the actual move or, at or near the time that the department acquires the subject parcel, '''whichever occurs first'''. This will ensure, if the move occurs prior to the date of acquisition, that the inventory will reflect all of the items, and only the items, that will actually be relocated and if it occurs after that date, that only the items that were on hand at the time the property was actually acquired by the department will be included therein.<br /> <br /> :If for any reason the relocatee fails to provide the required inventory, advise the Right of Way Section before proceeding to the next step.<br /> <br /> :'''Step Two''': The relocatee must advise the district, in writing, of his/her intent to conduct a self-move and request that the district obtain the necessary moving cost estimates. The inventory must be provided to the district by the relocatee at the time the estimate request is made.<br /> <br /> :'''Step Three''': Upon receipt of the relocatee's request, a district representative must make an on-site inspection of the items that will be involved in the move and ensure that the inventory is reasonably accurate. He/she must also ensure that none of the items listed in the inventory are included in the real estate appraisal as real property. (The unit file must be documented to show that both actions were taken.)<br /> <br /> :'''Step Four''': The district must obtain at least two moving cost estimates from commercial movers who are qualified to conduct the move if the moving cost is expected to exceed $2,500. Both moving firms must be presented a copy of the inventory and the estimates are to be based on the items listed therein. The district can pay movers reasonable amounts to prepare such estimates. (Payments for this service would be processed in the same manner as any other routine incidental expenditure chargeable to relocation.) See [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(1)]] if removal and reinstallation costs are expected to exceed $1,000. (If one estimate can be obtained, but '''not''' two, advise the Right of Way Section and ask for concurrence to proceed with the procedure discussed in this subparagraph on the basis of one estimate, or, for using the procedure discussed in following subparagraph (2) that is applicable when no estimates are available, whichever the district feels is most applicable under the circumstances involved.) Moving cost estimates can be obtained from qualified specialists instead of commercial moves when conditions warrant. If the cost of the move is expected to be $2,500 or less, one estimate covering the cost of moving the items listed in the inventory can be prepared by a qualified member of the Right of Way staff.<br /> <br /> :Estimates should not normally be obtained before the relocatee has selected a replacement site so that the actual mileage can be used. (Limit the estimate to the cost of a 50-mile move if the replacement property is more than 50 miles distance from the subject property.)<br /> <br /> :Be sure that the estimates are prepared on the same basis as services to be performed by the mover. If estimates are received which are not based on the same services, obtain revised estimates from the mover(s).<br /> <br /> :Copies of all estimates must be retained for the unit file.<br /> <br /> :Copies of each estimate are to be furnished to the relocatee with instructions that should he/she desire to proceed with a self-move, he/she should submit two signed copies of a &quot;Moving Cost Agreement&quot; ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.11.C.docx RA Form 236.8.6.11(c)], to the district.)<br /> <br /> :If the relocatees object to the estimate being prepared by a department employee, or if they reject or seriously question a moving cost estimate prepared by a department employee, the unit file should be documented accordingly and estimates covering the move should be obtained from commercial movers. (The district is authorized to accept only one bid from a commercial mover under this circumstance, in lieu of two, if the file is documented to show that two bids were not justified due to the limited scope of the move.)<br /> <br /> :'''NOTE''': If an estimate cannot be obtained which is considered reasonable, or if it is obvious that the relocatee can conduct a self-move for a lesser cost than would be charged by a commercial mover, the district should attempt to negotiate a predetermined self-move amount that is lesser than the low estimate. The negotiated amount should be fair to both the relocatee and to the department.<br /> <br /> :One possible procedure for arriving at an acceptable negotiated amount would be for the relocatee to make an estimate of the cost he/she will experience in conducting the self-move. (The relocatee's estimate must be prepared without knowledge of the amount of the estimates obtained from commercial movers.) Keep in mind that predetermined negotiated self-move moving cost amounts must be less than the lowest estimate obtained from commercial movers. (See NOTE at the end of [[236.8 Relocation Assistance Program#236.8.6.11 Moving Cost Agreements|EPG 236.8.6.11(c)]], which discusses moving cost agreement modifications when a negotiated predetermined self-moving cost payment of this type is involved.)<br /> <br /> :If it is not possible to negotiate an amount that is less than the lowest commercial movers estimate provide the facts involved to the Right of Way Section together with a recommended solution.<br /> <br /> :In either event the unit file must be documented to clearly show the actions that were taken.<br /> <br /> :'''Step Five''': When the signed &quot;Moving Cost Agreement&quot; is forwarded to the district by the relocatee, it should be reviewed, and if found proper, completed, executed on behalf of the department and returned to the relocatee. A copy must be retained for the unit file.<br /> <br /> :'''Step Six''': After the approved &quot;Moving Cost Agreement&quot; is returned to the relocatee, he/she should provide the 5-day written moving date notice (unless waived by the district) and complete the move.<br /> <br /> :'''Step Seven''': After the move is completed the relocatee must present the district an inventory of the items of personal property actually moved to their remaining or replacement property. If they move all of the items that were included in their original pre-move inventory, they can use a copy of the same inventory by changing the certification to state that all of the items listed therein were actually moved to the remaining or replacement real property. If the items actually moved differ from those listed in the pre-move inventory, they can either adjust a copy of the pre-move inventory by &quot;lining off&quot; items that were not moved or prepare a new certified post-move inventory. (The relocatee can also add eligible items which were omitted from the pre-move inventory, if such items were actually moved, to offset all or a portion of the items that were lined off or removed from the post-move inventory; '''however''', items added '''cannot''' cause the payment to exceed the original low bid that was used in the Moving Cost Agreement without specific approval from the Right of Way Section.) In every instance the post-move inventory must contain a statement that all of the items listed therein were actually moved to the relocatee's remaining or replacement property.<br /> <br /> :'''Step Eight''': The district must conduct an on-site review of the post-move inventory to ensure that it is reasonably accurate and that it does not contain any items of real property that were retained and moved by the relocatee. The &quot;Relocation Agent's Report&quot; must show that this action was taken and that both determinations were made. (If the relocatee moved to another state, making it impractical to conduct a post-move on-site inspection, so advise the Right of Way office and request instructions.)<br /> <br /> :If the post-move inventory is substantially the same as the pre-move inventory on which the approved moving cost estimate was based, the relocatees can be paid the amount of the low moving cost estimate, as reflected in their Moving Cost Agreement, without presenting any additional documentation. They can also be paid eligible '''documented''' incidental expenses.<br /> <br /> :If there is a significant reduction in the number of items and/or quantities listed in the post-move inventory as compared to the pre-move inventory, it will be necessary to request the original estimator who prepared the moving cost estimate used in the Moving Cost Agreement, to revise his/her original estimate (or make a new estimate) to reflect only the cost of moving the items listed in the post-move inventory. (Commercial movers can be paid reasonable fees for revising their original moving cost estimates.) Under this circumstance the district and relocatees can negotiate the amount of the moving cost payment; '''however''', the amount paid (exclusive of incidental costs) '''cannot''' exceed the revised moving cost estimate.<br /> <br /> :If it is impractical to obtain a revised estimate from the original estimator, document the unit file and present a recommendation to the Right of Way Section for obtaining the revised estimate.<br /> <br /> :'''Step Nine''': The relocatees must file their claim for reimbursement, within the 18-month period discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(b)]].<br /> <br /> :The claim must be submitted on previously mentioned [http://eprojects/Templates/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.12.D.pdf RA Form 236.8.6.12(d)].<br /> <br /> :There is no provision for reimbursement for time spent by the relocatees or their employees in moving as the accepted estimate from a commercial mover will normally cover the cost of conducting the move in its entirety with minimum assistance or supervision on the part of the relocatees. (An exception can be made, with prior approval from the Right of Way Section, when substantial additional supervision is required by the relocatee due to the unusual complexity of the move. When such exception is made it will be necessary to modify the Moving Cost Agreement to cover reimbursement of the actual and reasonable cost of the supervision and to specify the documentation that will be required to support this item of cost on the claim, which will be the same documentation required in following subparagraph (2) covering time spent by the relocatees in conducting a move when moving cost estimates are not available. When this cost item is authorized, it is '''desirable''' that a predetermined maximum supervisory payment amount be established and agreed upon.)<br /> <br /> :'''NOTE''': If an Extension of Possession Agreement is involved, follow the principles discussed in NOTE A at the end of preceding subparagraph (b).<br /> <br /> :'''(2) Moving Cost Bids or Estimates Are Not Available'''<br /> <br /> :If due to the complexity of the move it is not practical to obtain moving cost bids or estimates the relocatee can be authorized by the district (with prior approval from the Right of Way Section) to conduct the move without them. Under this circumstance, the relocatee will be reimbursed for his/her actual, reasonable and documented moving cost expenditure, not to exceed the cost of a 50-mile move. When a move is conducted under this condition, an [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Bids%20Not%20Avail%20From%20236.8.6.11.D.pdf RA Form 236.8.6.11(d)], &quot;Moving Cost Agreement&quot; will be used. (See [[236.8 Relocation Assistance Program#236.8.6.11 Moving Cost Agreements|EPG 236.8.6.11(d)]]).<br /> <br /> :The time the owner and employees of the firm being moved, which is actually spent in conducting the move, can be considered a compensable part of the moving cost claim. If the business owner uses his/her regular foreman and/or other supervisory personnel to provide supervisory services in conducting the move, the time spent by such personnel in actual supervision of the move may also be considered a compensable moving cost expenditure. Also appropriate time charges for the use of equipment owned or hired by relocatee can be included in the claim.<br /> <br /> :Time charged by the owner shall be based on his/her average earnings. (If a corporation is involved, base the owner's &quot;average earnings&quot; on the salary paid to him/her by the corporation. If the business has not been incorporated, average earnings will be based on his/her share of the business earnings.) The actual wages (based on currently effective salaries or wages paid by the business) paid to employees of the business who are supervisors can be included in the moving cost payment for the time spent in actual supervision of the move. All other charges for labor must be based on either (1) the wage rate being paid such employees by the relocatee, or (2) the hourly rate normally paid by commercial movers to their employees for the same or similar types of labor, whichever is the lesser. Equipment charges must be based on the equipment charge rate used by the relocatee in the conduct of his/her routine business, not to exceed the normal rate applicable for the use of such equipment. (The equipment rate will normally be on an hourly basis and should include a reasonable amount to cover gas, oil, insurance and depreciation.)<br /> <br /> :Employee wage rates, as referred to above, can include both basic salaries and the prorated cost of social security, workers' compensation insurance and other &quot;fringe benefits&quot; paid by the employer '''if''' such costs are properly supported. Administrative and/or overhead costs are not to be included as reimbursable moving cost expenses.<br /> <br /> :Both labor and equipment charges included in a moving cost claim, when a self-move of this type is involved, must be supported by a certified statement from the owner showing (1) his/her time (hours) spent in the actual conduct of the move: the hourly rate being claimed therefore and how such rate was established, (2) the firm's employees who assisted in conducting the move: by name and job title, the number of hours being claimed for each employee listed, the hourly rate being claimed for each employee and the salary, or hourly wage rate, currently being paid to each employee by the firm, and (3) the specifically named company-owned equipment that was used in conducting the move: the number of hours each item of equipment was used, the hourly charge being claimed for each item, and the routine hourly equipment charge applicable to each item as charged by the firm in its cost records and/or bookkeeping procedure. Care must be taken to ensure that (a) the hourly wage rate charged for employee's services in conducting the move does not exceed the wage rate normally paid by commercial movers to their employees for similar services, (b) that the hourly rate charged for company-owned equipment does not exceed the normal rate that is applicable in the area for the rental of such equipment, and (c) that equipment operator's time is not included in both the hourly rate charged for the equipment involved and also as a separate item of employee labor.<br /> <br /> :It is permissible for the relocatee to employ commercial movers and/or specialists to conduct portions of the move. If so, the actual, reasonable and documented payments to such movers and specialists can be included in the moving cost payment from the department.<br /> <br /> :If it is practical to do so, the relocatee must provide a pre-move inventory of the items of personal property to be moved. The inventory should be prepared and reviewed in the manner discussed in Step One in preceding subparagraph (b).<br /> <br /> :If it is impractical to obtain a pre-move inventory due to the complexity of the operation being displaced, possibly due to large fluctuations in stocks, material or other personal property, obtain concurrence from the Right of Way Section to waive the pre-move inventory requirement and proceed without it. The unit file must be documented to provide justification for waiving the pre-move inventory requirement.) Even though the pre-inventory requirement is waived, it is still important that the assigned relocation agent make an on-site inspection to become familiar with the overall operation and to obtain a general knowledge of the personal property involved.<br /> <br /> :After the move is completed, the relocatee must submit an inventory of the items of personal property actually moved. (The inventory must include a statement that all of the items listed thereon were actually moved to the relocatee's remaining or replacement property.) It is permissible for small items to be grouped together such as a specific number of bins, boxes, barrels, etc., containing the small items involved. The relocation agent must make an on-site inspection of the items involved and ensure that the inventory is reasonably accurate. He/she must also ensure that none of the items listed were a part of the real property that was retained and moved by the relocatee. (The &quot;Relocation Agent's Report&quot; must show that the latter two actions were taken.) Also see documentation requirements set out on Moving Cost Agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Bids%20Not%20Avail%20From%20236.8.6.11.D.pdf Form 236.8.6.11(d)].<br /> <br /> :The district must monitor the move, while it is being conducted, to the extent necessary to enable them to ensure that the moving cost payment will be reasonable. District surveillance practices must be commensurate with the anticipated monetary amount involved. In some cases it may be necessary to monitor the entire move, noting the number of company employees involved in the move, equipment used, hours worked, etc. (The 5-day written moving date notice should not be waived when the procedures in this subparagraph are used.)<br /> <br /> :'''NOTE A''': Extension of Possession Involved<br /> <br /> :If a pre-move inventory is available, follow the principles and applicable instructions set out in NOTE A at the end of preceding section (b).<br /> <br /> :If the pre-move inventory requirement has been waived, it will be necessary to work out an agreement to cover the specific case involved. (Submit recommended clauses relating to the latter situation to the Right of Way Section for concurrence before inserting them in the Extension of Possession Agreement.)<br /> <br /> ===236.8.6.10 Partial Displacements; Residential, Business, Farm and Nonprofit Organization===<br /> <br /> '''(a) Partial Displacement Moving Cost Payments--General'''<br /> <br /> Moving costs discussed in this subparagraph relate to situations when the occupant of a subject parcel is not displaced, but items of personal property located within a partial acquisition must be moved.<br /> <br /> Instructions herein also relate to situations when unoccupied parcels are acquired which contain miscellaneous items of personal property that must be moved.<br /> <br /> Owners of such personal property can be reimbursed for their actual and reasonable expenses of moving such items, based either on the cost of a commercial mover or of a self-move.<br /> <br /> The relocation of items used in the establishment and maintenance of a home and/or used in relation to a residential property should be considered as a residential partial displacement. All other items should be identified with their appropriate category, business, farm or nonprofit organization.<br /> <br /> '''NOTE''': Also see [[236.8 Relocation Assistance Program#236.8.7.2 Fixed Payments - Farm Operations|EPG 236.8.7.2(a)]], if a farm operation is displaced due to a partial acquisition.<br /> <br /> '''(b) Partial Displacement Moving Cost Payments; Commercial Mover'''<br /> <br /> If personal property classified as &quot;residential&quot; is involved in a partial displacement and the owner employs a commercial mover to move the items involved, the procedure outlined in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(e)]], is applicable.<br /> <br /> If the personal property belongs to, or is used in connection with, a business, farm or nonprofit organization, the instructions in [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(b)]], are applicable.<br /> <br /> '''(c) Partial Displacement Moving Cost Payments; Self-Move'''<br /> <br /> When personal property classified as &quot;residential&quot; is involved in a partial displacement and the owner, occupant or non-occupant, elects the self-move option, the procedure outlined in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(f)]], is applicable or the owner may elect to be paid on the basis of the fixed-payment moving cost schedule with the following conditions.<br /> <br /> :1. Relocation agent must determine the number of normal furnished rooms or fraction of room the personal property to be moved represents.<br /> <br /> :2. A rate of $100 per room or fraction of a room will be used to determine moving cost.<br /> <br /> :3. The total cost of moving the personal property cannot exceed $1,000. If cost is in excess of $1,000, the move must be conducted as outlined in EPG 236.8.7.8(f).<br /> <br /> If businesses, farms or nonprofit organizations are involved, [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(a) and (c)]] apply.<br /> <br /> ===236.8.6.11 Moving Cost Agreements===<br /> <br /> '''(a) Moving Cost Agreement--Actual Cost Option; Move Conducted By Commercial Mover; Residential Bids Available''' ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Commercial%20Actual%20Cost%20Residential%20Form%20236.8.6.11.A.docx RA Form 8.6.11(a)])<br /> <br /> Moving Cost Agreement RA Form 236.8.6.11(a) is applicable when residential moves are involved, either total or partial displacements, and the relocatee elects to employ a commercial mover and claim reimbursement for the applicable costs involved.<br /> <br /> The relocatee must fill out the first portion (front) of the agreement, preferably with instructions and/or assistance from a relocation agent, and submit it to the district office.<br /> <br /> If two families occupy the same single-family dwelling unit who intend to move to separate replacement housing, each must submit a &quot;Moving Cost Agreement.&quot;<br /> <br /> In completing the form, [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(e) and (f)]] should be reviewed if any problem is encountered in determining whether a partial or total displacement is involved.<br /> <br /> A space has been provided in the heading of the agreement to show whether a conventional dwelling unit or a mobile home is involved. The space headed &quot;Mobile Home&quot; relates only to mobile homes that have been classified as personal property. Mobile homes that have been classified as real property are to be included as conventional dwelling units.<br /> <br /> Agreements submitted to the district offices for approval and execution must be reviewed. If it is in proper order, and the relocatee is eligible for moving cost payments under the option chosen, the back of the form will be completed and executed on behalf of the department. The original must be retained by the district (for the unit file) and a copy is to be returned to the relocatee.<br /> <br /> Should relocatees claim a moving cost payment that, due to circumstances beyond their control, exceeds the amount reflected in their moving cost agreement, present a written recommendation concerning payment of the claim, together with a resume' of the facts involved, to the Right of Way Section for approval or rejection.<br /> <br /> '''NOTE''': The option to use two or more movers, or a combined use of a commercial mover and a self-move, is not available for residential moves except in unusual circumstance, which will require prior approval from the Right of Way Section.<br /> <br /> See [[236.8 Relocation Assistance Program#236.8.6.1 Payment Eligibility|EPG 236.8.6.1(c)]], if the relocatee is being displaced from the remainder of a partial acquisition not located within a right of way acquisition.<br /> <br /> This agreement is applicable for use between the department and the owners of displaced mobile homes that have been classified as personal property, both owner-occupants and non-occupant owners, if the unit is being moved by a commercial mover. (Change &quot;personal property&quot; to &quot;mobile home&quot; in the second line in the body of the agreement.)<br /> <br /> The agreement is also applicable for use between the department and displaced tenant-occupants of a mobile home, relocatee occupies but does not own the mobile home, if the tenant's personal property is to be moved by a commercial mover. (Separate agreements must be executed by the mobile home tenant and the mobile home owner.)<br /> <br /> '''(b) Moving Cost Agreement; Actual Cost Option; Move Conducted By Commercial Mover; Business, Farm and Nonprofit Organization; Bids Available''' (RA Form 236.8.6.11(b))<br /> <br /> Moving Cost Agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Commercial%20Mover%20Bids%20Form%20236.8.6.11.B.pdf RA Form 236.8.6.11(b)], is applicable when business, farm and nonprofit organization moves are involved, either total or partial displacements, and the relocatee elects to employ a commercial mover (moving cost bids are available) to conduct the move. [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(b)(2)]] is applicable if moving cost bids could not be obtained due to the complexity of the move involved.)<br /> <br /> Instructions for completing agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Commercial%20Actual%20Cost%20Residential%20Form%20236.8.6.11.A.docx Form 236.8.6.11(a)], as provided in preceding [[236.8 Relocation Assistance Program#236.8.6.11 Moving Cost Agreements|EPG 236.8.6.11(a)]], also apply to this Moving Cost Agreement.<br /> <br /> It is quite possible that the owner of a business, farm operation or nonprofit organization may employ two or more commercial moving firms to conduct their move, due to the need for different types of moving specialists. When this occurs two or more bids must be obtained for each &quot;type&quot; of move involved, and separate moving cost agreements must be submitted for each portion of the move that will be conducted by different moving firms.<br /> <br /> If a portion of the move is to be conducted by a commercial mover and a portion as a self-move, it will normally be proper to submit [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Commercial%20Mover%20Bids%20Form%20236.8.6.11.B.pdf Form 236.8.6.11(b)], agreement covering the commercial move and [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.11.C.docx Form 236.8.6.11(c)], agreement covering the self-move.<br /> <br /> If more than one moving firm is involved, list the items each firm will move either on the back of their specific agreement or a separate sheet attached thereto. If one firm is to conduct the major move and another only a few specialized items, the entry on the back of the first could be &quot;all personal property except (list items excepted).&quot; The other agreement would list those items excepted from the first. The listing must be adequate to enable others inspecting the file to determine a duplication is not involved.<br /> <br /> It is also possible that the owners may elect the self-move option to move their routine personal property and employ a commercial mover to relocate items which their own forces are not capable of moving. When this occurs, two separate agreements must be provided, one covering the self-move (normally RA Form 236.8.6.11(c), and the other the commercial move (normally RA Form 236.8.6.11(b)). The items covered by each agreement must be listed either on the back of the agreement or on a separate sheet attached thereto.<br /> <br /> '''(c) Moving Cost Agreement--Actual Cost Option; Self-Move; Business, Farm and Nonprofit Organizations; Moving Cost Estimates Are Available''' [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.11.C.docx (RA Form 236.8.6.11(c))]<br /> <br /> This agreement is to be used when the eligible owner of a business, farm or nonprofit organization elects to conduct a self-move and the district '''is''' able to obtain moving cost estimates.<br /> <br /> Instructions for completing agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Commercial%20Actual%20Cost%20Residential%20Form%20236.8.6.11.A.docx Form 236.8.6.11(a)], as provided in [[236.8 Relocation Assistance Program#236.8.6.11 Moving Cost Agreements|EPG 236.8.6.11(a)]], also apply to this Moving Cost Agreement.<br /> <br /> The owner of a business, farm operation or nonprofit organization may elect the self-move option to move their &quot;routine&quot; personal property and employ a commercial mover to relocate items which his/her own forces are not capable of moving. When this occurs, two separate agreements must be provided, one covering the self-move (normally RA Form 236.8.6.11(c)), and the other the commercial move [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Commercial%20Mover%20Bids%20Form%20236.8.6.11.B.pdf (RA Form 236.8.6.11(b))]. The items covered by each agreement must be listed either on the back of the agreement or on a separate sheet attached thereto.<br /> <br /> If the entire move is to be conducted as a self-move, only one Moving Cost Agreement (RA Form 236.8.6.11(c)), will be used even though it is necessary to obtain separate estimates for moving different portions of the personal property involved. Reflect the combined total of the separate estimates in the agreement.<br /> <br /> See [[236.8 Relocation Assistance Program#236.8.6.4 Tangible Property Losses|EPG 236.8.6.4]], if &quot;Tangible Property Losses&quot; are involved.<br /> <br /> '''NOTE''': When a negotiated self-move moving payment is involved, as discussed under &quot;Step Four&quot; in [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(c)(1)]], it will be necessary to modify Moving Cost Agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.11.C.docx RA Form 236.8.6.11(c)], in the following manner:<br /> <br /> :1. Change the first paragraph of the first section of the agreement to read as follows: &quot;We are willing to move our personal property, as necessitated by the acquisition of right of way by your department for the above highway project, from (present location) to (new address) for $ .&quot;<br /> <br /> :2. Omit the first sentence in the third paragraph that relates to the lowest estimate amount. (This paragraph will then begin with the sentence that reads &quot;Please advise us etc.&quot;)<br /> <br /> :3. The fourth paragraph should be changed to read as follows: &quot;If there is a significant reduction in the personal property listed in our post-move inventory, as compared to our pre-move inventory, we understand that this agreement will be voided and that our payment will be for a lesser amount that is based on the cost of conducting our actual move.&quot;<br /> <br /> :4. The second paragraph of the second section of the agreement should be modified to read, &quot;We also agree that in the event there is a significant reduction in the personal property listed in your post-move inventory, as compared to your pre-move inventory, this agreement will be null and void and that your payment will be for a lesser amount that is based on the cost of conducting your actual move.&quot;<br /> <br /> All other portions of the agreement form can be used without modification.<br /> <br /> '''(d) Moving Cost Agreement; Actual Cost Option; Commercial or Self-Move; Business, Farm and Nonprofit Organization; Moving Cost Bids and/or Estimates Are Not Available''' [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Bids%20Not%20Avail%20From%20236.8.6.11.D.pdf (RA Form 236.8.6.11(d))]<br /> <br /> Moving Cost Agreement Form 236.8.6.11(d), is applicable when moving cost bids or estimates (whichever is required for the type of move involved) are not available due to the complexity of the move, either a partial or total displacement.<br /> <br /> Instructions for completing agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Commercial%20Actual%20Cost%20Residential%20Form%20236.8.6.11.A.docx Form 236.8.6.11(a)], as provided in [[236.8 Relocation Assistance Program#236.8.6.11 Moving Cost Agreements|EPG 236.8.6.11(a)]], also apply to this moving cost agreement.<br /> <br /> If required bids or estimates can be obtained for moving a portion of the items of personal property involved, but not for all of the items to be moved, use two separate agreements (Agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Commercial%20Mover%20Bids%20Form%20236.8.6.11.B.pdf RA Form 236.8.6.11(b)], or [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.11.C.docx Form 236.8.6.11(c)], whichever is applicable, covering items included in moving cost bids or estimates and [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Bids%20Not%20Avail%20From%20236.8.6.11.D.pdf RA Form 236.8.6.11(d)], covering items not included in the bids or estimates.) A combination commercial and self-move, with or without cost bids or estimates, can also be approved by using separate appropriate agreement forms covering the different types of moves and/or situations involved.<br /> <br /> When this agreement form is used (RA Form 236.8.6.11(d)), relocation agents must ensure that relocatees fully understand the necessity for maintaining cost records and documentation as set out in the Moving Cost Agreement.<br /> <br /> '''NOTE''': If tangible property losses are involved, as discussed in [[236.8 Relocation Assistance Program#236.8.6.4 Tangible Property Losses|EPG 236.8.6.4]], provide the facts involved to the Right of Way Section and ask for assistance in writing a Moving Cost Agreement to cover the specific situation.<br /> <br /> If the pre-move inventory requirement has been waived, as could occur under the conditions discussed in [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(c)(1)]], omit Item No. 1 under required documentation in the agreement.<br /> <br /> ===236.8.6.12 Claim Forms - Actual Cost Moving Cost Payments===<br /> <br /> '''(a) Claim Form; Actual Cost; Commercial Mover''' [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Commercial%20Form%20236.8.6.12.A.docx (RA Form 236.8.6.12(a))]<br /> <br /> RA Claim Form 236.8.6.12(a) is applicable for use by all relocatees who employ a moving firm to move their personal property and claim reimbursement for the actual costs involved. The form is applicable for residential, business, farm and nonprofit organization moves.<br /> <br /> The cost of moving two or more types of personal property (for example - residential and business) can be included in the same claim '''provided that''' all such personal property was included in the same moving cost bids and in the same moving cost agreement. Such residential and business moving costs could not be combined in the same claim if separate bids were obtained for each type move and/or if separate moving cost agreements were used.<br /> <br /> General information concerning claim forms previously discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8]](d), also applies to this form.<br /> <br /> The following detailed information concerning RA Claim Form 236.8.6.12(a) covers only those points that are most likely to be misunderstood. If any unforeseen problem arises in completing those portions not discussed herein, the Right of Way Section should be contacted for guidance.<br /> <br /> In the first section following the heading, include mobile homes that are classified as '''real''' property in the space provided for &quot;Residential&quot; and mobile homes classified as '''personal''' in the space labeled &quot;Mobile Home.&quot;<br /> <br /> The second line in this section of the form concerning department assistance in locating replacement property relates to the actual replacement property that the subject relocatee occupied after being displaced.<br /> <br /> If a new building was constructed, show whether it was a residential or commercial building in the spaces provided. (This relates only to the major building(s) involved, which actually housed the relocatee and does not include sheds, storage buildings, etc.)<br /> <br /> If two or more moving firms are involved and their names and addresses will not fit in the space provided, insert the words &quot;see attached sheet&quot; in the appropriate space. <br /> <br /> In the second section of the form show the correct amounts in the proper spaces as required to complete the form.<br /> <br /> When only one &quot;Moving Cost Agreement&quot; is involved, the amount on the first line must be the same figure approved in the &quot;Moving Cost Agreement.&quot; If two or more agreements are involved, show the combined total of all agreements in this space. (If it is necessary to adjust the original low bid due to a reduction in the post-move inventory as compared to the pre-move inventory, as discussed in Step 7, [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(b)(1)]], the revised amount should be shown on line one instead of the bid that was included in the moving cost agreement which will have been voided under the circumstances.)<br /> <br /> The second line relates to the actual moving cost paid to the moving firm(s), unless the move was over 50 miles distance, in which case, the prorated amount would be shown. If more than one moving firm was involved, show the combined total cost of the basic move. (The &quot;basic move&quot; relates to the cost of services performed by the moving firm and does not include any separate incidental moving cost expenses.)<br /> <br /> On the third line show either the amount set out on line 1 '''or''' line 2, whichever is the lesser. The amount on line 3 must match the amount shown on either line 1 or line 2.<br /> <br /> Storage costs, when claimed on line 4, must be supported as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(a)(1)]]. If storage costs were not involved, mark this line &quot;N/A.&quot; (The same applies to any other line that is not applicable to a subject claim.)<br /> <br /> If a relocatee's personal property is moved into storage, he/she can submit a claim for the cost of moving it from the property acquired as right of way to the storage area as soon as the move is completed, and later submit a separate claim for the storage bill and, if applicable, the cost of moving from storage to the replacement property. (The storage cost and the cost of moving the personal property from storage to the replacement property must be included in the same claim.) Review the NOTE at the end of EPG 236.8.6.3(a)(1), if the cost of moving personal property from storage to a replacement property is involved.<br /> <br /> When a separate claim is submitted at a later date for storage and/or a second move, it is not necessary to repeat the factual data '''included''' on the original claim; however, the heading of the second claim must be completely filled out. Under &quot;Comments&quot; make a statement as follows: &quot;This is a second moving cost claim covering storage (and, if applicable, movement from storage). Factual data not included on this claim was provided on the original.&quot;<br /> <br /> When two claims are to be filed under the above circumstances, use the &quot;Exception&quot; space in the relocatee's certificate, on the original (first) claim, to show that the subject claim does not include storage and/or movement from storage. This is the only situation when it is permissible to submit a moving cost claim that does not include full, final and complete payment of moving costs.<br /> <br /> The total cost of insurance premiums, if any, as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(a)(2)]], is to be shown on line 5.<br /> <br /> [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(a)(3)]], should be carefully reviewed if losses in moving and/or damages are claimed.<br /> <br /> It is possible that different companies are paid removal and installation costs. If so, include the accumulated total of all such billing in the space provided in the claim (Line No. 7) and support the figure with receipts from the companies involved. The various receipts would have to add up to the exact amount being claimed.<br /> <br /> If the costs which were incurred in advertising for packing and crating are applicable for reimbursement, as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(a)(4)]], the costs, and any other compensable incidental costs which do not fit into one of the other categories, can be shown on the line designated &quot;Other Incidental Expenses Identified As.&quot; These costs must be identified on the same line in the space provided.<br /> <br /> As noted, the costs of transportation, meals and temporary lodging are applicable only when residential moves are involved. [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(b)(2)]], should be reviewed when this type claim is involved to be sure that all required receipts are provided and that the amounts claimed are compatible with the department's policy concerning such payments.<br /> <br /> Expenses related to the search for replacement property, to be shown on line 10, are applicable only when businesses, farm operations or nonprofit organizations are being relocated. Review [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(5)]], when this type claim is involved and remember that the relocatee must provide a certified statement of the time spent in search and of the hourly wage rate that is applicable.<br /> <br /> '''Line 11''' has been provided for owners of businesses, farm operations and nonprofit organizations to claim tangible property losses as discussed in [[236.8 Relocation Assistance Program#236.8.6.4 Tangible Property Losses|EPG 236.8.6.4]]. Be sure, before approving a claim that includes this type payment, that the eligibility requirements outlined in the referenced subparagraph are complied with and that the required documentation is in the unit file.<br /> <br /> '''Line 12''' is for business, farm operations and nonprofit organizations to claim eligible reestablishment cost. Required documentation must be in the unit file to support the payments.<br /> <br /> The totals of the amounts shown on lines 3 through 12 must be shown in the space labeled &quot;Total Amount Claimed.&quot;<br /> <br /> When claims cover partial displacements, so note in the heading and use the form in the same manner as when any other moving costs are being claimed. Spaces that are not applicable for partial displacement should be marked &quot;N/A.&quot;<br /> <br /> If the claim includes full, complete and final moving cost expenses, make an entry of &quot;no exception&quot; in the appropriate space at the end of the first paragraph in the relocatee's certificate.<br /> <br /> The form is to be executed in the same manner as a Fixed-Schedule Moving Cost Claim, which is discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(d)]].<br /> <br /> The back of the form, considering previous explanations in EPG 236.8.7.8(d), is self-explanatory.<br /> <br /> '''NOTE''': In situations when business, farm or nonprofit organization moving cost bids could not be obtained, as discussed in [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(b)(2)]], mark both lines 1 and 2 on the claim form &quot;N/A&quot; and show the relocatees actual and documented basic moving costs on line 3. Strike the existing wording in line 3 and insert in lieu thereof &quot;actual costs.&quot; Explain why this action was taken under &quot;Comments&quot; on the back of the form.<br /> <br /> If the claim involves both the cost of moving some items which were included in moving cost bids and the actual cost of moving other items for which moving cost bids could not be obtained, mark lines 1 and 2 &quot;N/A&quot; and change the wording on line 3 to read &quot;basic moving cost payment due.&quot; Obviously line 3 should then reflect the amount due for conducting the basic move, exclusive of incidentals. (The amount on line 3 would include the actual, reasonable and documented cost of moving the items not included in a moving cost bid '''plus''' the low approved bid(s) covering the balance of the items moved.) Explain what was done and why under &quot;Comments&quot; or, if additional space is required, on an attached sheet.<br /> <br /> '''(b) Claim Computations When Some Items of Substitute Personal Property Involved''' [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Commercial%20Form%20236.8.6.12.A.docx (RA Claim Form 236.8.6.12(a))].<br /> <br /> The cost of substitute items, as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(7)]], must be added to the actual fee paid to the moving firm for moving the '''balance''' of the personal property involved and the total thereof is to be reflected on line 2 in the computation section of the claim form. (If the move exceeded 50-mile distance, the actual fees paid for moving the balance of the personal property would be limited to the cost of a 50-mile move, unless the distance limitation had been waived by the Right of Way Section.)<br /> <br /> Do not include any incidental costs on lines 4 through 8 that relate directly to substitute items.<br /> <br /> '''(c) Claim Computations When Entire Claim Based on Cost of Substitute Items''' (RA Claim Form 236.8.6.12(a)).<br /> <br /> Normally only lines 2 and 3 need be completed in the computations section of the claim form when the moving cost payment for '''all''' of the items involved in the subject claim was limited to the cost of substitute items. Reflect the total of such replacement costs on line 2 and the same amount on line 3. This amount will normally be the &quot;total amount claimed&quot; by the relocatee as his/her moving cost payment. (No incidental costs will be included in the payment under this circumstance; however, it is possible that a &quot;search cost&quot; as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(5)]], could be applicable.)<br /> <br /> Make an entry under &quot;Comments&quot; on the back of the claim form to explain that the payment was based on the cost of substitute items as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(7)]].<br /> <br /> All other portions of the claim form should be completed in the routine manner or marked &quot;N/A&quot; if applicable under the circumstance. <br /> <br /> '''(d) Claim Form; Actual Cost; Self-Move''' [http://eprojects/Templates/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.12.D.pdf (RA Form 236.8.6.12(d))]<br /> <br /> RA Claim Form 236.8.6.12(d) is to be used in all cases when a residential, business, farm operation or nonprofit organization self-move is involved.<br /> <br /> The cost of moving two or more types of personal property, for example, residential and business, can be included in the same claim '''provided that''' all such personal property was included in the same moving cost estimates and in the same moving cost agreement.<br /> <br /> General information concerning claim forms previously discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(d)]], also apply to this form.<br /> <br /> The following detailed information concerning RA Claim Form 236.8.7.12(d) covers only those points that are most likely to be misunderstood. If any unforeseen problem arises in completing those portions not discussed herein, the Right of Way Section should be contacted for guidance.<br /> <br /> In the first section following the heading include mobile homes that are classified as '''real''' property in the space provided for &quot;Residential&quot; and mobile homes classified as '''personal''' in the space labeled &quot;Mobile Home.&quot;<br /> <br /> The second line in this section of the form, concerning department assistance in locating replacement property, relates to the actual replacement property that the subject relocatee occupied after being displaced.<br /> <br /> If a new building was constructed, show whether it was a residential or commercial building in the spaces provided. (This relates only to the major building(s) involved, which actually housed the relocatee and does not include sheds, storage buildings, etc.)<br /> <br /> In the second section of the form show the correct amounts in the proper spaces as required to complete the form.<br /> <br /> If moving cost estimates were obtained, and only one &quot;Moving Cost Agreement&quot; is involved, the amount on the first line must be the same figure approved in the &quot;Moving Cost Agreement.&quot; If two or more agreements are involved, show the combined total of all agreement in this space.<br /> <br /> If the original Moving Cost Agreement was voided, due to the fact that the relocatee did not move all of the personal property included in the cost estimates, show the estimated charge that would have been made by a commercial mover for conducting the actual move on line 1 in lieu of the original approved low bid(s). Show the &quot;negotiated&quot; (agreed) moving cost payment on line 2. (Normally lines 1 and 2 will reflect the same amount.) Complete line 3 in the normal manner.<br /> <br /> In situations when moving cost estimates could not be obtained for a business, farm or nonprofit organization move, in which case Moving Cost Agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Bids%20Not%20Avail%20From%20236.8.6.11.D.pdf Form 236.8.6.11(d)], would have been used, mark both lines 1 and 2 &quot;N/A&quot; and show the relocatees actual and documented basic moving cost on line 3. Under this circumstance, &quot;strike out&quot; the existing wording on line 3 and insert in lieu thereof &quot;actual costs.&quot; Explain why this action was taken under &quot;Comments&quot; on the back of the claim form.<br /> <br /> If the claim involves both the cost of moving some items which were included in moving cost estimates and the actual cost of moving other items for which moving cost estimates could not be obtained, mark lines 1 and 2 &quot;N/A&quot; and change the wording on line 3 to read &quot;basic moving cost payment due.&quot; Obviously line 3 should then reflect the amount due for conducting the basic move, exclusive of incidentals. (The amount on line 3 would include the actual, reasonable and documented cost of moving the items not included in a moving cost estimate '''plus''' the low approved estimate(s) covering the balance of the items moved.) Explain what was done and why under &quot;Comments&quot; or, if additional space is required, on an attached sheet.<br /> <br /> Instructions in preceding [[236.8 Relocation Assistance Program#236.8.6.12 Claim Forms - Actual Cost Moving Cost Payments|EPG 236.8.6.12(a)]], relating to lines 4 through 12 on [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Commercial%20Form%20236.8.6.12.A.docx RA Claim Form 236.8.6.12(a)], also apply to the subject claim.<br /> <br /> When claims cover partial displacements, so note in the heading and use the form in the same manner as when any other moving costs are being claimed. Spaces that are not applicable for partial displacement should be marked &quot;N/A.&quot;<br /> <br /> If the claim includes full, complete and final moving cost expenses, make an entry of &quot;no exception&quot; in the appropriate space at the end of the first paragraph in the relocatee's certificate.<br /> <br /> The form is to be executed in the same manner as a fixed-schedule moving cost claim, which is discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(d)]].<br /> <br /> The back of the form, considering previous explanations in EPG 236.8.6.8(d) is self-explanatory.<br /> <br /> '''(e) Claim Computations When Substitute Personal Property Involved Claim''' [http://eprojects/Templates/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.12.D.pdf (Form 236.8.6.12(d)]).<br /> <br /> The cost of substitute items, as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(7)]], must be included in the amount shown on lines 1 and 2 (if line 2 is used) in the computations section of the claim form. Be very sure that there is no duplication of payments, which would exist if the cost of moving such items were also erroneously included in the low estimate and/or in the negotiated moving cost payment. Add the words &quot;plus the cost of substitute items&quot; to the heading on line 1. Do not include any incidental costs on lines 4 through 8 that relate directly to substitute items.<br /> <br /> When the moving cost payment for all of the personal property involved is based on the cost of substitute items, show the total amount on line 3. (Mark lines 1 and 2 &quot;N/A&quot;.) This will normally be the &quot;total amount claimed&quot; by the relocatee as his/her moving cost payment. (No incidental costs can be included under this circumstance; however, it is possible that a &quot;search cost&quot; as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(5)]], could be applicable.)<br /> <br /> In either case, make an entry under &quot;comments&quot; on the back of the claim form to explain that either a portion of the payment, or, if applicable, the entire payment, is based on the cost of substitute items as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(7)]].<br /> <br /> All other portions of the claim form should be completed in the routine manner or marked &quot;N/A&quot; if applicable under the circumstance involved.<br /> <br /> '''(f) Moving Cost Claim; Combined Moves Including Both Commercial Moves and Self-Moves'''<br /> <br /> When relocatees employ a commercial mover to conduct part of their move and conducts the balance as a self-move, they should use [http://eprojects/Templates/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.12.D.pdf RA Claim Form 236.8.6.12(d)], in claiming their moving cost payment. The following additions and changes should be made in the claim form under this circumstance.<br /> <br /> :1. Add the words &quot;Combined Commercial Self-Move&quot; at the top of the form.<br /> <br /> :2. Insert the words &quot;see attached sheet&quot; in the blank spaces on lines 1 and 2 in the computations section of the form.<br /> <br /> :3. Change line 3 to read &quot;Basic Moving Cost Payment Due.&quot; (Show the amount in the blank space on this line that the relocatee is entitled to receive as his/her basic moving cost payment, exclusive of incidentals, including both the commercial move and the self-move.)<br /> <br /> :4. Attach a sheet explaining how the amount on line 3 was computed. Follow normal procedures in making the determination using applicable policy that applies to each type of move. The amount will normally be a total of the actual cost (or low approved bid) of the commercial move plus the approved moving cost estimate relating to the self-move.<br /> <br /> Complete the balance of the claim form in the routine manner.<br /> <br /> '''NOTE''':Tenant-Owned LP (Liquified Petroleum) Tanks<br /> <br /> The Relocation Agent should estimate the reasonable and customary charge to move the LP tank and use that figure, if acceptable, on the actual cost - self-move claim form. No moving cost agreement is necessary. Liquified petroleum suppliers should be contacted to establish what is reasonable and customary for moving their tanks. Costs could vary depending upon distances traveled, size and accessibility for tank removal.<br /> <br /> ==236.8.7 Relocation Assistance Program - Fixed Payment Moving Payments - Businesses, Farm Operations and Nonprofit Organizations==<br /> <br /> ===236.8.7.1 Fixed Payments - Businesses===<br /> <br /> '''(a) Payment Eligibility Requirements'''<br /> <br /> The owner of any business that qualifies for a moving cost payment can elect to claim a fixed payment for moving '''instead''' of a moving cost payment based on actual cost plus related expenses, '''provided''' that the additional eligibility requirements outlined in the following four subparagraphs are satisfied.<br /> <br /> '''NOTE''': The terms &quot;fixed payment,&quot; &quot;in-lieu payment&quot; &quot;displaced business,&quot; &quot;displaced farm operation&quot; &quot;and displaced nonprofit organization payment,&quot; and &quot;fixed payment for moving expenses, non-residential moves&quot; are synonymous.<br /> &lt;div id=&quot;(1) Business must&quot;&gt;&lt;/div&gt;<br /> :'''(1) Business must Contribute Materially to its Owner's Income'''<br /> <br /> :Only displaced lawful businesses that contribute materially to their (owner's) income can qualify for a fixed moving payment.<br /> <br /> :The following procedure is a three-point test to determine material contribution. The business must meet '''one''' of these tests:<br /> <br /> ::'''Test 1''': Combine the business' average annual '''gross''' receipts for the two taxable years prior to the year in which it is displaced and divide the total by two. If the conclusion is $5,000 or more, the business will be considered to contribute materially to its owner's income.<br /> <br /> ::'''Test 2''': Combine the business' average annual '''net''' earnings for the same two taxable years discussed in test (1) and divide the total by two. If the conclusion is $1,000 or more, the business will be considered to contribute materially to its owner's income.<br /> <br /> ::'''Test 3''': Step (a): Combine the owner's annual '''gross''' income from all sources for the same two taxable years period discussed in test (1) and divide the total by two.<br /> <br /> ::Step (b): Combine the annual '''gross''' income produced by the business during the same two taxable years and divide the total by two.<br /> ::Step (c): Divide the annual gross income produced by the business by the owner’s annual gross income. If the result equals or exceeds 33 1/3% of the owner's annual gross income, the business will be considered to contribute materially to its owner's income.<br /> <br /> :If the business has not been in operation, or has not been operated by the current owner (relocatee), for the entire two taxable years period, base the above &quot;tests&quot; on the actual period of the owner's operation projected to an annual rate. (Determine the total gross receipts, net earnings or gross income, whichever is applicable for the &quot;test&quot; involved, during the actual period of the current owner's operation. Divide the conclusion by the number of months of operation by the current owner. Multiply that conclusion by 12 to determine the annual average.)<br /> <br /> :It is permissible, with concurrence from the Right of Way Section, to use a different period, if more equitable and/or different criteria, if the above criteria create an inequity or hardship.<br /> <br /> :The term &quot;lawful business&quot; relates to any business not prohibited by law. (Businesses operating in violation of zoning ordinances and/or laws, except those legally operating under a &quot;grandfather clause,&quot; will be considered unlawful.) It is possible for a lawful business to be operating illegally due to the improper licensing. Lawful businesses operating with license deficiencies will, if otherwise qualified, normally be eligible for fixed moving payments. Relocation personnel are responsible for determining whether or not a business is lawful, but are not required to determine that all licensing requirements have been complied with.<br /> <br /> :Relocatees who claim fixed payments must provide copies of their federal income tax returns for the two applicable tax years to prove (1) that the business operation meets the &quot;material contribution&quot; test, and (2) for use in computing the amount of their fixed payment. (Only the portion of the tax returns necessary to prove material contribution and average annual net earnings is required.)<br /> <br /> :Income information provided by the relocatees may be verified with the U. S. Internal Revenue Service if for any reason the amount of net income appears questionable. The owner or officer of any displaced business who claims a fixed moving payment must sign on IRS Form 4506 designating the Missouri Department of Transportation to receive copies of the tax forms necessary to verify income. The district may if there is reason to question income, send this form to the IRS when the relocate submits a signed claim for the fixed payment. The claim may be sent to the division for payrolling; however, the check for the fixed payment should not be delivered to the relocatee until income information provided by them is verified with the copies received from the IRS. The district should obtain copies of the 4506 form from the IRS.<br /> <br /> :In every instance, copies of federal income tax returns used to support and/or document relocation claims must contain, or have attached, the following '''signed''' statement:<br /> <br /> ::&quot;This copy of my 20XX income tax return contains exact and identical information to that contained in my original return submitted to the Federal Internal Revenue Service.&quot;<br /> <br /> ::&quot;I/we am/are currently receiving the following nontaxable income..&quot;<br /> <br /> :The portion of the certification relating to nontaxable income is required '''only''' in cases when the &quot;material contribution&quot; eligibility requirement is based on Test (3) discussed on page 1. It is '''not''' required when the determination is based on either Test (1) or (2). (As explained in EPG 236.8.8.1(f), nontaxable income is of no consequence in determining &quot;average annual net earnings&quot; for use in payment computations.)<br /> <br /> :(The relocatee must itemize any tax exempt income '''currently''' being received, such as social security payments, welfare payments, etc., that are not included in federal income tax returns.)<br /> <br /> :Date ____________________________ Signed ____________________________<br /> <br /> <br /> :Should a relocatee's income be so small that he/she is not required to file a federal income tax return, a signed and notarized statement of his/her total annual income and expenses can be accepted in lieu of a tax return.<br /> <br /> :'''(2) Requirement Concerning Inability to Relocate Businesses Without Substantial Loss of Existing Patronage'''<br /> <br /> :To qualify for a fixed payment, it must be determined that the business cannot be relocated, or in case of a partial acquisition, that it can neither continue to operate on the remaining property or be relocated, without a substantial loss of its &quot;existing patronage.&quot;<br /> <br /> :The word &quot;patronage&quot; as used in the term &quot;substantial loss of existing patronage&quot; relates to either &quot;clientele&quot; '''or''' &quot;net earnings.&quot; A business that cannot be relocated or continued in its present location without suffering a substantial loss of '''either''' its clientele '''or''' net earnings meets this eligibility requirement. (When nonprofit organizations are involved, &quot;patronage&quot; relates to membership or clientele.)<br /> <br /> :When making a determination concerning the ability to satisfactorily relocate the business, keep in mind that a business is assumed to suffer a substantial loss of its existing patronage '''unless''' the department proves otherwise. (The business owner should be given the benefit of reasonable doubt concerning his/her ability to relocate.)<br /> <br /> :When the owner of a business that is being displaced takes the position that the business cannot be relocated (or continue to operate on the remainder property) without a substantial loss of its existing patronage, the district must agree, '''or'''<br /> <br /> ::'''(A) if the business owner is a tenant''', locate an available replacement property (which will enable the business to retain its existing patronage) within the same general area that can be rented for an amount that is considered reasonable for the business involved, or, show the business owner how he/she can obtain financing to purchase an available and suitable replacement business property which requires monthly or annual payments that do not substantially exceed the rental fee being paid for the building acquired as right of way by the department,<br /> <br /> ::'''(B) if the business owner also owns the business property on which it is located''', the district must (1) locate an available replacement business property, (which will enable the business to retain its existing patronage) within the general area, that can be purchased for an amount not substantially higher than the amount offered and/or paid for the acquired business property by the department, (2) show the owner a suitable replacement, within the general area, which can be rented or leased for an amount reasonably applicable to the type business involved, or (3) reasonably prove that the owner can build a replacement within the general area for an amount that does not substantially exceed the amount offered and/or paid to him/her by the department for the acquired property. (If the right of way acquisition includes property other than the subject business property, it will be necessary to prorate the department's right of way offer and/or payment to determine the amount applicable to the business property when making the above determination.)<br /> <br /> :A replacement business location that is available for rent, which meets the needs of the business involved, '''can''' be considered a suitable replacement business property if the rental fee for such replacement does not substantially exceed an amount equal to the &quot;cost of owning the subject property.&quot; (The &quot;cost of owning the subject property&quot; can be determined by considering the subject's taxes, insurance, upkeep, etc., as well as a reasonable return on the money invested in such property.) The &quot;cost of owning&quot; and &quot;cost of renting&quot; can be computed either on a prorated monthly cost basis or on an annual cost basis.<br /> <br /> :Displaced business owners who intend to reestablish their businesses after displacement can, if otherwise eligible, qualify for and be paid a fixed payment if they contend that the business will lose a substantial portion of its existing patronage after being reestablished, unless the district disagrees and documents the unit file to provide sound reasons in support of a decision that such loss will not occur.<br /> <br /> :Additional noncompensable expenses which the owner would experience in moving to and operating at a potential replacement site should be considered when determining whether or not he/she will lose a substantial portion of the existing patronage, for example, the need to borrow additional capital, inability to secure additional financing and other related problems of this nature.<br /> <br /> :The fact that the owners of a displaced business intend to purchase or establish a different '''type''' of business after displacement has no effect on their eligibility for a fixed payment.<br /> <br /> :The fact that the owners of a displaced business intend to discontinue their business after displacement is not a factor in determining eligibility for a fixed payment. The owners will be eligible for the payment if they meet all eligibility requirements. They will not be eligible for such payment if a replacement business site is available which would enable them to continue their operation without a substantial loss of existing patronage. (This point must be explained to relocatees who advise that they plan to discontinue their operation after displacement and the Relocation Agent's Report must be documented to show that the explanation was so provided.)<br /> <br /> '''NOTE''': There is no circumstance that will permit a business owner to be paid a fixed payment and also receive reimbursement for the cost of moving the subject business.<br /> <br /> :'''(3) Requirement Eliminating Chain - Store and Multi - Location Businesses (this requirement does not apply to farms and nonprofit organizations)'''.<br /> <br /> :To qualify for this type payment the business must not be part of a commercial enterprise having more than three other entities which are not being acquired by the department and which are engaged in the same or similar business. (A business which does not contribute materially to the owner's income, using the three-point test discussed in the preceding subparagraph, is not considered &quot;another entity&quot; and does not normally disqualify the owner for receiving a fixed payment.)<br /> <br /> :To be declared ineligible for a fixed payment under this requirement both the business being displaced and the similar businesses not being acquired must have a common ownership. Businesses and corporations are both considered to have common ownership, even though they are known by different business or corporation names, if their owners are the same individuals.<br /> <br /> :If family-owned businesses are involved which do not reflect identical ownerships, provide the pertinent facts to the Right of Way Section and request a determination concerning payment eligibility.<br /> <br /> :Displaced business owners who own other similar businesses not being acquired at the initiation of negotiations for the subject parcel may become eligible for a fixed payment if they dispose of such other businesses prior to actual displacement of the subject business, (provide all facts to the Right of Way Section and request a payment eligibility determination). Relocatees who acquire another similar business after the initiation of negotiations (which is not a replacement for the displaced business) may lose their eligibility for an fixed payment; again provide the facts to the Right of Way Section and request an eligibility determination.<br /> <br /> :The private '''owners''' of a displaced business who are merely operating under a chain store name are qualified for a fixed payment, provided that they meet the other eligibility requirements.<br /> <br /> :The owner of a displaced business who also owns a corporation which holds title to the property on which the business is located, and, the owner of a displaced business which has been incorporated who also owns the property on which the business is located '''cannot''' be paid separate payments for the business and for the corporation. The incomes from both the business and the corporation, which would normally be the average annual net earnings of the business and the average annual rentals paid by such business for the site on which it is located, can be combined, however, in computing the owner's total average annual net earnings on which the one fixed payment will be based. (If some of the business owners and corporation owners, but not all of such owners, are the same persons, contact the Right of Way Section for a determination concerning eligibility for two separate fixed payments.)<br /> <br /> :If a situation is encountered where the degree of similarity between a displaced business and another business owned by the same person or firm is marginal, the district can, if it so desires, submit its recommended decision to the Right of Way Section for concurrence. (The same is true if the degree of ownership in the &quot;similar business&quot; is so small that the question of payment eligibility cannot be firmly established.)<br /> <br /> :'''(4) Requirement Concerning Time and Location'''<br /> <br /> :To qualify under this requirement the subject business must be operated by the current owner on the property being acquired at the initiation of negotiations for the subject property '''OR''' at the time such property was actually acquired by the department.<br /> <br /> :&quot;Notices of Intent to Acquire-Relocation&quot; are not normally provided to owners of businesses, farm operations and nonprofit organizations; however, should a notice of this type be provided, the date of the notice will be used, in lieu of the initiation of negotiations date in determining whether or not applicable eligibility requirements have been met.<br /> <br /> :'''(5) Businesses Owned by Estates'''<br /> <br /> :An estate is eligible for a fixed payment, '''if''' otherwise qualified, when the business is owned by the estate is displaced.<br /> <br /> :'''(6) Business Sells After Initiation of Negotiations'''<br /> <br /> :If the owner of a business scheduled for acquisition sells the business to another party after right of way negotiations are initiated for the subject property, or after receipt of a &quot;Notice of Intent to Acquire-Relocation,&quot; they will not normally be eligible for a fixed payment. The new owner of the business, '''if otherwise eligible''', could normally qualify for the payment '''if''' they continue the business operation '''on the subject property''' until it is acquired.<br /> <br /> :'''(7) Displacement Must be the Direct Result of Acquisition'''<br /> <br /> :Business owners cannot qualify for a fixed payment unless they are displaced as a direct result of the acquisition of real property; therefore, owners who relocate or discontinue their operation because of a change in the highway such as being placed on an outer roadway, because of changes in the flow or direction of traffic, or because of the removal of crossover connections, or other changes which can be accomplished through police powers and without compensation to the property owners, are not eligible for this type payment. This is true even though the owners may lose a substantial portion of their existing patronage due to the noncompensable changes in the highway.<br /> <br /> :This policy also applies when a portion of the real property or a compensable right was acquired by the department that did not '''in itself''' justify the displacement, even though a noncompensable change in the highway did cause the operation to lose a substantial portion of its existing patronage.<br /> <br /> '''(b) Two or More Business Operations, Same Site and Same Owner'''<br /> <br /> It is often difficult to determine whether different types of business activities conducted on the same property by the same individual or firm actually constitute more than one business operation. If so, the owner of the businesses would be entitled to separate fixed payments for each business that qualified for this type payment. If it is determined that the business activities complement each other and are so closely related that only one actual business is involved, only one fixed payment can be made.<br /> <br /> The following are broad guidelines that can be used in making a determination as to the number of actual businesses involved.<br /> &lt;div id=&quot;When several business activities&quot;&gt;&lt;/div&gt;<br /> :'''(1)''' When several business activities, located on the same property and operated by the same party, which are closely related and complement each other, are all located within acquisition, they will normally be considered as one business. This is especially true if it is necessary to combine the income from all of the activities to produce a reasonable business profit.<br /> <br /> :This type situation would probably exist; for example, when one party operates a small &quot;Mom and Pop&quot; store, filling station and small motel all on the same parcel. If, in this type situation, a partial acquisition removes one or more of the separate activities (and leaves at least one), contact the Right of Way Section for instructions as each case of this kind must be judged on its own merit.<br /> <br /> :'''(2)''' If the different activities are not related and if they do not compliment each other, they will normally be considered as separate businesses and the owner will be entitled to separate fixed payments, provided that each business qualifies on its own merits. (It is not necessary that the different business activities be relocated to the same site.)<br /> <br /> :It is possible that one business, in this type situation, could be relocated without a substantial loss of either its average annual net earnings or clientele and another could not. In this case, the owner could be paid a moving cost claim covering the cost of relocating the one business and a fixed payment on the other.<br /> <br /> Other factors to be considered in making a multi-business determination is the extent to which:<br /> <br /> ::'''(1)''' the same premises and equipment are shared,<br /> <br /> ::'''(2)''' substantially identical or interrelated business functions are carried out and business and financial affairs are commingled,<br /> <br /> ::'''(3)''' the entities are held out to the public, and to those customarily dealing with them, as one business,<br /> <br /> ::'''(4)''' the same person, or closely related persons own, control or manage the affairs of the entities.<br /> <br /> If any doubt exists concerning the number of separate businesses that exist on a parcel, submit all facts to the Right of Way Section for final determination. (Always advise whether the relocatee files separate income tax schedules on the different activities involved or combines and reports the overall income as having been produced by one business operation.)<br /> <br /> '''(c) Businesses Affected by Partial Acquisitions'''<br /> <br /> The owner of businesses located on parcels which are partially acquired for right of way purposes (including partial access acquisition) are not eligible for a fixed payment if they do not qualify as being displaced and are physically and legally able to continue their operation on their remaining property, or if they are able to relocate the business, without a substantial loss of existing patronage.<br /> <br /> Business owners who also own the property on which the business is located cannot normally qualify for a fixed payment when the right of way payment is adequate to pay for rearranging their remaining facilities to enable them to continue the operation.<br /> <br /> Business tenants of properties owned by persons who receive a right of way settlement adequate to reasonably &quot;cure&quot; the inadequacies caused by the acquisition, or who receive a part of the right of way consideration themselves, which is adequate to provide the &quot;cure,&quot; will not normally become eligible for this type of payment. If, however, the real estate owner did not receive a right of way payment that is sufficient to &quot;cure&quot; the deficiencies that prohibit continuation of the tenant's business operation and as a consequence does not intend to correct the deficiencies, the tenant (subject relocatee) will normally be eligible for the payment.<br /> <br /> Should a landlord who receives an adequate right of way settlement to enable him/her to &quot;cure&quot; the inadequacies caused by the acquisition elect not to correct such inadequacies, so advise the Right of Way Division office and request specific instructions covering the business tenant's eligibility for a fixed payment.<br /> <br /> The future effect of a partial acquisition on an existing business could be highly controversial and decisions made by the district concerning eligibility for fixed payments would have to be well thought out, documented and explained in the unit file. The Right of Way Section will assist in making these decisions when requested to do so. Statements provided in the appraisals concerning costs to cure and the effect of the subject acquisition on future business operations can be very beneficial in making eligibility decisions and can also provide good documentation for the relocation file to support final conclusions.<br /> <br /> '''NOTE''': The owner of a business cannot qualify for a fixed payment if he/she elects to continue operating on the property remaining after the acquisition, even though it is mutually agreed that the business will suffer a substantial loss of its average annual net earnings if continued on such remainder, '''if''' a suitable replacement business site is available which would enable him/her to relocate and continue the business without a &quot;substantial loss.&quot;<br /> <br /> '''(d) Rental Property'''<br /> <br /> If the business is operated at the displaced site solely for the purpose of renting to others, it is '''not''' qualified for this payment. This includes building or land rentals.<br /> <br /> '''(e) Junkyards'''<br /> <br /> Owners of legally located and legally operated junkyards can be paid fixed payments if their business operations meet all eligibility requirements.<br /> <br /> Legal junkyards displaced under the Highway Beautification Act, which meet routine eligibility requirements, are eligible for assistance and payments under the Relocation Program. Application of the Relocation Program under this circumstance will normally involve unusual and complicated conditions. As a result, the districts should in every case submit proposed relocation payment offers to the Right of Way Section for concurrence prior to making commitments to the relocatees involved.<br /> <br /> Fixed payments cannot be made to the owners of illegal junkyards. When an illegal junkyard is displaced, contact the Right of Way Section for special instructions.<br /> <br /> '''(f) Payment Determinations'''<br /> <br /> The owners of a displaced business who qualify for a fixed payment are entitled to an amount equal to the average annual net earnings of their business, not to exceed a maximum payment of $40,000 or less than $1,000.<br /> <br /> The term &quot;average annual net earnings&quot; means one-half of any net earnings of the business, before federal, state, or local income taxes have been deducted, during the two taxable years immediately preceding the taxable year in which the business is displaced. (The business will be considered &quot;displaced&quot; on the date that it completely ceased its operation at the subject location.) Any compensation paid to the owners, their spouses and/or dependents shall be included in the computations of the &quot;average annual net earnings.&quot; All earnings and compensation should be established by federal income tax returns covering the two-year period. (See information relating to income tax returns in [[#(1) Business must|EPG 236.8.7.1(a)(1))]].<br /> <br /> If the two taxable years immediately preceding displacement are not representative, the district can, with prior approval from the Right of Way Section, base the &quot;average annual net earnings&quot; on a more representative period.<br /> <br /> Interest payments made by a business to the owners of the business (interest on money loaned to the business by its owner) '''cannot''' be included as a part of the average annual net earnings of the business.<br /> <br /> '''NOTE''': When a partial acquisition is involved, the owner of a business who is eligible for a fixed payment, due to being unable to either continue the operation on the remainder of the subject property or to relocate to a replacement site, may elect to continue operating on the remainder regardless of substantial loss of patronage. If so, the business will not actually cease to operate. Under this condition, the business will be &quot;displaced,&quot; as the term is used in this section, at the time the use of the area included within the right of way acquisition (or the use of other rights acquired by the department) are denied to the business owner.<br /> <br /> '''(g) Payment Computations'''<br /> <br /> :'''(1) Business Operated Two Full Taxable Years or More'''<br /> <br /> :If an eligible business was in operation under the same ownership for two full taxable years immediately preceding the taxable year in which it was displaced, add the net earning from each of the two preceding taxable years together and divide the total by two. The resulting figure represents the average annual net earnings. This amount will be paid to the owner if it exceeds $1,000, and does not exceed $40,000. (As previously stated, if the computed figure is less than $1,000, the minimum $1,000 payment will apply and if it exceeds $40,000, the payment will be limited to the $40,000 maximum.)<br /> <br /> :Should a loss occur in one year and a gain in the other, the year in which the loss was incurred should be considered as zero income when determining the average net income for the two-year period.<br /> <br /> :'''(2) Business Operated Less Than Two Full Taxable Years'''<br /> <br /> :If the current relocatee did not own the displaced business during the full two taxable year period, or if it was not located at the displacement site for the full period, the fixed payment will be computed by projecting its net earnings to an annual rate. Procedures for computing payments based on projected earnings are as follows. (Should any of the following procedures produce a fixed payment that is not representative of the business' average annual net earnings, so advise the Right of Way Section and request an alternate computation procedure.)<br /> <br /> ::'''A - Business Produced Net Earnings During the Two Taxable Years Prior to Displacement'''.<br /> <br /> ::Divide the total accumulated net earnings for all of the months the business operated prior to the taxable year of displacement by the number of months it operated during the same period and multiply the resulting figure by 12; for example, a business that had been originally established by its owner on August 1, 1984, was located on a parcel acquired by the department in November 1985. The business was required to vacate the parcel in February 1986, (income tax filed on calendar year basis).<br /> <br /> ::::Net earnings 1984 = $3,000 (5 months)<br /> <br /> ::::Net earnings 1985 = $7,000 (12 months)<br /> <br /> ::::$3,000 + $7,000 = $10,000 divided by 17 months = $588.24<br /> <br /> ::::$588.24 x 12 months = $7,058.88<br /> <br /> ::::Computed fixed payment = $7,058.88<br /> <br /> ::'''B - Business Produced No Net Income Prior to Taxable Year of Displacement'''.<br /> <br /> ::If the current owner's business did not produce net income at the subject site prior to the year of displacement, compute the payment in the same manner discussed in &quot;A&quot; above using the total net earnings and total months of operation during the year of displacement. (It is quite possible that the computed payment will not be representative when a brief period of operation is involved. If so, do not hesitate to request an alternate computation procedure.)<br /> <br /> ::When the net earnings produced by the business during the displacement year is used in the payment computations, it will normally be necessary to accept a certified financial statement from the relocatee, instead of a tax return, to document the claim.<br /> <br /> ::'''C - Seasonal Businesses'''.<br /> <br /> ::When a seasonal business is involved, one that is &quot;open for business&quot; for a limited period during a normal taxable year, divide the '''total''' accumulated net earnings produced during the entire period that the business was in existence (on the subject site and owned by the relocatee) by the total number of months the business operated during its open season, then multiply the resulting figure times the total months of annual open season; for example, a seasonal business was established on July 1, 1984. It has a 3 month open season per year (open to the public June, July and August). The department purchased the parcel in November 1985. Possession passed to department, February 1986.<br /> <br /> ::::Net earnings 1984 (operated July &amp; August = 2 months) = $2,000<br /> <br /> ::::Net earnings 1985 (operated all 3 months of season) = $3,000<br /> <br /> ::::$2,000 + $3,000 = $5,000 divided by 5 (business operated during 5 months of open season) = $1,000 average per month of open season x 3-month normal annual open season = $3,000 average annual net earnings. (Computed fixed payment is $3,000)<br /> <br /> '''NOTE''': An alternate procedure should be developed when a seasonal business was purchased by the current relocatee and displaced by the department prior to its &quot;open season.&quot; (In this case, there would be no income to project, which would create a nonrepresentative annual net earnings.)<br /> <br /> ::Special computation procedures will also be required when a substantial portion of a displaced business' annual net earnings are produced during a season and a small portion during the balance of the year. Regardless as to when the business is displaced, an unrealistic annual net earning would be developed by merely &quot;projecting&quot; the earnings during the limited period of operation. (A projection of the high earnings during the &quot;busy&quot; season would result in an unrealistic high annual earnings and a projection of the &quot;off-season&quot; earnings would be unfair to the relocatee.)<br /> <br /> ::When these, or other, unusual conditions are experienced, request alternate computation procedures from the Right of Way Section.<br /> <br /> ::'''D - Other Situations Which May Require Special Consideration in Determining Representative Annual Net Earnings'''.<br /> <br /> ::When unusual circumstances prevail which indicate that a different period of time (other than the two taxable years prior to displacement) should be used in determining a business' annual net earnings, so advise the Right of Way Section. Conditions which may justify an alternate period could exist when:<br /> <br /> :::1. The relocatee owned the same business while located at a different location during the two taxable years period.<br /> <br /> :::2. The relocatee purchased an existing established business during the two taxable years period.<br /> <br /> '''NOTE''': Changes in economic conditions not directly related to or caused by the acquisition will not normally be justification for using an alternate two-year period.<br /> <br /> ===236.8.7.2 Fixed Payments - Farm Operations===<br /> <br /> '''(a) Payment Eligibility Requirements'''<br /> <br /> For the owner of a displaced farm operation to be entitled to a fixed payment the department must determine:<br /> <br /> :(1) That the farm operation contributes materially to its owner's income.<br /> <br /> :Review [[236.8 Relocation Assistance Program#236.8.7.1 Fixed Payments - Businesses|EPG 236.8.7.1(a)(1)]], which is fully applicable when a farm operation is involved.<br /> <br /> :(2) That the farm operation was owned by the relocatee and existed on the property being acquired by the department at the initiation of negotiations for the subject property, '''or''' at the time such property was actually acquired by the department.<br /> <br /> :(3) That the farm operator has completely discontinued his/her existing farm operation at the present location.<br /> <br /> In the case of a partial acquisition, the farm operation will be considered to have been displaced if the property remaining after the right of way acquisition is no longer an economic unit for the '''same type''' of farm operation that was being conducted prior to the acquisition. (As a consequence, the farm operation will be considered as being displaced if the acquisition necessitates a substantial change in the principal operation or in the nature of the existing farm operation.) This determination will normally be made during the appraisal process. If the appraisals are not clear concerning this point, the appraisers should be requested to provide addenda expressing and justifying their positions. If there is a difference of opinion, the district Right of Way Manager will make the determination. The unit file must be documented accordingly. (Should the owners of a farm operation who are eligible for a fixed payment due to a partial acquisition move the operation to another location, they could claim a moving cost payment instead of the fixed payment if they so desire.)<br /> <br /> '''NOTE''': Before approving a farm fixed payment when a partial acquisition is involved, the district '''must''' determine, and comment in the unit file, that (1) all farming operations have completely ceased on the remaining property, (2) that any farm operation being conducted on such remainder is '''substantially different''' in nature from the operation that existed prior to the acquisition, '''or''' (3) if the same, or not substantially different, type of farm operation is being conducted on the remainder as existed prior to the acquisition, that such operation has of necessity been so '''substantially reduced''' in size as compared to the prior operation that the change is equal to a displacement. (Concurrence must be obtained from the Right of Way Section before a payment can be approved when the last situation exists.<br /> <br /> If the acquisition causes a farming operation to be displaced, the owner is entitled to this payment, if otherwise eligible, even though other replacement farms are available for purchase or rent in the area. The relocatee can relocate and continue the farm operation at a new location without affecting his/her eligibility for this type payment.<br /> <br /> If farm operators are using two separate farms in their overall farming operation, they are not normally entitled to a fixed payment even though one of the units is reduced to an uneconomic unit by a right of way acquisition if they can continue to operate on the remaining unit without a substantial reduction or change in the overall operation. If the operators have two distinctly different farm operations at two different and disconnected locations (neither operation related to or dependent on the other), they can be paid a fixed payment, if otherwise eligible, if one of the operations is displaced by a right of way acquisition. The fact that farm operators have other farming operations that are not affected by the highway improvement does not affect their eligibility for this type payment.<br /> <br /> '''(b) Actual Owner of Farm Operation Receives Payment'''<br /> <br /> If a sharecropper or tenant is actually conducting the farming operation that is being displaced (and is not merely an employee of the landlord) he/she is entitled to a fixed payment, if otherwise eligible, even though the landowner may share in the profits. (The landowners might be able to justify a claim that their farm rental constitutes a business; however, it is highly unlikely that they could meet the requirements to receive a fixed payment.)<br /> <br /> '''(c) Mineral Production and Quarry Operations'''<br /> <br /> When minerals are being produced on a farm on a commercial basis and/or when quarrying operations are so conducted, they are to be considered as '''separate businesses''' and not taken into consideration as a part of the farm operation. (The farm operation relates to agricultural activities only.)<br /> <br /> '''(d) Farm Operations Owned by Estates'''<br /> <br /> The information provided in [[236.8 Relocation Assistance Program#236.8.7.1 Fixed Payments - Businesses|EPG 236.8.7.1(a)(5)]], relating to businesses owned by estates, also applies to farm operations owned by estates.<br /> <br /> '''(e) Farm Operation Sold After Initiation of Negotiations'''<br /> <br /> The information provided in [[236.8 Relocation Assistance Program#236.8.7.1 Fixed Payments - Businesses|EPG 236.8.7.1(a)(6)]], relating to businesses which sell after initiation of negotiations, also applies to farm operation which are sold after initiation of negotiations.<br /> <br /> '''(f) Payment Determinations'''<br /> <br /> The owners of a displaced farm operation who qualify for a fixed moving payment are entitled to receive an amount equal to the average annual net earnings of the subject farm operation not to exceed a maximum payment of $40,000 or be less than a minimum payment of $1,000.<br /> <br /> The term &quot;average annual net earnings&quot; means one-half of any net earnings of the farm operation, before federal, state, or local income taxes have been deducted, during the two taxable years immediately preceding the taxable year in which the farm operation is displaced. Such &quot;average annual net earnings&quot; include any compensation paid by the farm operation to the owner, his/her spouse, or his/her dependents during the two-year period.<br /> <br /> All earnings and compensation should be established by federal income tax returns filed by the farm operation and its owner, his/her spouse, and his/her dependents during the two-year period. (Review the instructions in [[236.8 Relocation Assistance Program#236.8.7.1 Fixed Payments - Businesses|EPG 236.8.7.1(a)(1)]], concerning income tax returns that are fully applicable when farm fixed payments are involved.)<br /> <br /> If the two taxable years immediately preceding displacement are not representative, the district can, with prior approval from the Right of Way Section, base the &quot;average annual net earnings&quot; on a more representative two-year period. (This exception will not be granted as routine procedure or without substantial justification. A change in economic conditions not directly related to the acquisition will not normally be an acceptable reason for using a different two-year period.) The three-point &quot;material contribution&quot; test discussed in section 236.8.8.1(a), is applicable.<br /> <br /> Interest payments made to the owner of the displaced farm operation by the &quot;operation&quot; (interest on money loaned to the operation by such owner) '''cannot''' be included as a part of the average annual net earnings of the subject operation.<br /> <br /> '''NOTE''': If a total acquisition is involved, the farm operation will be considered &quot;displaced&quot; when it completely ceases to operate at the subject location. If the displacement is caused by a partial acquisition, the existing farm operation will be &quot;displaced&quot; at the time it completely ceases to operate at the subject location or at the time the use of the property and/or rights acquired by the department are denied to the farm operator, whichever occurs first.<br /> <br /> '''(g) Payment Computations'''<br /> <br /> :'''(1) Farm Operation Existed Two Full Taxable Years or More'''<br /> <br /> :If a qualified farm operation was in existence for two full taxable years immediately preceding the taxable year in which it was displaced, add the net earning from each of the two preceding taxable years together and divide the total by two. The resulting figure represents the average annual net earnings. This amount will be paid to the owner if it exceeds $1,000, and does not exceed $40,000. (As previously stated, if the computed figure is less than $1,000, the minimum $1,000 payment will apply and if it exceeds $40,000, the payment will be limited to the $40,000 maximum.)<br /> <br /> :Should a loss occur in one year and a gain in the other, the year in which the loss was incurred should be considered as zero income when determining the average net income for the two-year period.<br /> <br /> :'''(2) Farm Operation Existed Less Than Two Full Taxable Years'''<br /> <br /> :If the current relocatee did not own the displaced farm operation during the full two taxable year period, or it was not located at the displacement site for the full period, the fixed payment will be computed by projecting its net earnings to an annual rate.<br /> <br /> :The projection of a farm operation's partial net earnings to an annual rate is '''not''' a simple mechanical procedure and the procedure used in projecting a business' partial earnings to an annual rate will '''not''' normally be applicable.<br /> <br /> :For example, a farm's net earnings for one or two months during harvest season may be its annual net earnings. If a wheat farm is involved and the crop is harvested in June, the net income for June would be nearly equal to the net earnings for the entire year. A simple projection of this one-month income to an annual rate, by multiplying times 12, would produce an unrealistic high annual net earnings. If the displacement occurred prior to harvest, there would be no net income to project, this time reflecting an inappropriately low net income.<br /> <br /> :If the need to project a farm operation's partial net earnings to an annual rate is encountered, the Right of Way Section will assist in developing a procedure which specifically considers the type operation involved and the various factors which must be considered in projecting a representative annual net earnings.<br /> <br /> ===236.8.7.3 Claim Form - Business or Farm Operation Fixed Payment (See RA Form 236.8.7.3)===<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Business%20or%20Farm%20Operation%20Fixed-Payment%20Claim%20Form%20236.8.7.3.docx RA Claim Form 236.8.7.3] must be used when business or farm operations claim a fixed moving payment. Claims must be submitted to the department within the 18-month period discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(b]]).<br /> <br /> General information concerning claim forms previously discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(d)]], also applies to this form.<br /> <br /> The following detailed information concerning the subject claim form covers only those points that are most likely to be misunderstood. The portions not specifically mentioned are considered to be self-explanatory.<br /> <br /> In the first section following the heading, on the second line, give a street address when possible. If rural property is involved, describe its location in relation to known landmarks; for example, &quot;on Route E, two miles south of Route J Intersection.&quot;<br /> <br /> The next section of the form must be used to determine the &quot;average annual net earnings&quot; when the subject operation has been in existence for two full taxable years prior to the year it was displaced.<br /> <br /> The third section of the form is to be used if the relocatee's operation was in existence less than the two full taxable years referred to above. (None of the spaces within this section of the claim form are to include either the number of months, or the earnings from months, within the taxable year in which the displacement occurred.)<br /> <br /> In either case, the amount claimed should be equal to the average annual net income '''unless''' it exceeds the maximum authorized payment, in which case $40,000 will be claimed, or is less than the minimum authorized payment, in which case $1,000 will be claimed.<br /> <br /> In every case (with the exceptions noted in [[236.8 Relocation Assistance Program#236.8.7.1 Fixed Payments - Businesses|EPG 236.8.7.1(a)(1)]], copies of the owner's federal income tax reports covering the applicable periods must be attached to the claim form when submitted to the district office by the relocatee. (Copies of income tax returns should not be attached to copies of the claim form submitted to the Right of Way Section for payrolling purposes.) Review the portion of EPG 236.8.7.1(a)(1) that relates to the verification of copies of federal income tax returns used to support relocation claims. (If copies of the owner's federal income tax reports are not obtained, under the &quot;exceptions&quot; noted in section 236.8.7.1(a)(1), the required substitute documentation must be provided by the owner.)<br /> <br /> The balance of the form, both front and back, is considered self-explanatory with the two following notations: (1) In spaces provided in both &quot;Computation Sections&quot; to show whether a calendar year or fiscal year was involved, reflect the '''actual year''' in the applicable space, for example, &quot;Calendar Year 1972&quot; (do not complete these spaces by placing an &quot;X&quot; in one of the blanks), and (2) the unit file must contain an explanation as to why the business cannot be relocated without a substantial loss in its average annual net earnings. (These statements and explanations '''should not be taken lightly''' and '''must''' be adequate to justify the position taken and/or approved by the department.)<br /> <br /> ===236.8.7.4 Displaced Nonprofit Organization===<br /> <br /> '''(a) Payment Eligibility Requirements'''<br /> <br /> A displaced nonprofit organization may choose a fixed payment of $1,000 to $40,000 in lieu of the payments for actual moving and related expenses and actual reasonable reestablishment expenses, if the department determines that it cannot be relocated without a substantial loss of existing patronage (membership or clientele). A nonprofit organization is assumed to meet this test unless the department demonstrates otherwise. Any payment in excess of $1,000 must be supported with financial statements for the two 12 month periods prior to the acquisition. The amount to be used for the payment is the average of two years annual gross revenues less administrative expenses. Gross revenues may include membership fees, class fees, cash donations, tithes, receipts from sales or other forms of fund collection that enables the nonprofit organization to operate. Administrative expenses are those for administrative support such as rent, utilities, salaries, advertising and other like items as well as fund raising expenses. Operating expenses for carrying out the purposes of the nonprofit organization are not included in administrative expenses. The monetary receipts and expense amounts may be verified with certified financial statements or financial documents required by public agencies.<br /> <br /> '''(b) Claim Form - &quot;Fixed Payment&quot; Claim for Nonprofit Organizations (See [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Nonprofit%20Organization%20Fixed%20Payment%20Claim%20Form236.8.7.4.pdf RA Form 236.8.7.4])'''<br /> <br /> RA Claim Form 236.8.7.4 must be used when a nonprofit organization claims a fixed payment. Claims must be submitted to the department for payment within the 18-month period discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(b)]].<br /> <br /> General information relating to claim forms previously discussed in EPG 236.8.6.8(d) also applies to this form.<br /> <br /> The form is considered to be self-explanatory.<br /> <br /> '''NOTE''': The blank spaces that relate to a nonprofit organization which continues to function after displacement will seldom be used as it is very improbable that an organization that continues to function can qualify for this type payment.<br /> <br /> ===236.8.7.5 Time for Filing “Fixed Payment” Claims===<br /> <br /> '''(a) Operation Displaced From Acquisition Site'''<br /> <br /> The eligible owners of a displaced business, farm operation or nonprofit organization which is displaced from the acquisition site can claim their fixed payment anytime after (1) negotiations are initiated for the real property involved (or a Notice of Intent to Acquire-Relocation is issued), and (2) the operation has been completely discontinued on the displacement property, but no later than the end of the 18-month period discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(b)]].<br /> <br /> '''(b) Business Operation Continued on Remainder of Acquisition Site'''. (Review '''NOTE''' at end of [[236.8 Relocation Assistance Program#236.8.7.1 Fixed Payments - Businesses|EPG 236.8.7.1(f)]].)<br /> <br /> Business owners eligible for fixed payments who elect to continue operating on the remainder of the acquisition site regardless of their substantial loss of patronage can claim their payment anytime after (1) negotiations are initiated for the real property involved (or a Notice of Intent to Acquire-Relocation is issued), and (2) the area included within the right of way acquisition (or the use of other acquired rights necessary to the operation) is denied to the business owner, but no later than the end of the 18-month period discussed in [[236.8 Relocation Assistance Program#236.8.6.7 Ineligible Moving Expenses|EPG 236.8.6.7(b)]].<br /> <br /> '''(c) Nonprofit Operation Continued on Remainder of Acquisition Site'''<br /> <br /> It is not anticipated that nonprofit organizations which continue to operate on remainder parcels will qualify for fixed payments; however, should such a situation occur, the instructions in preceding subparagraph (b) will apply.<br /> <br /> '''(d) Substantially Reduced or Different Type Farm Operation Continued on Remainder of Acquisition Site'''. (Review [[236.8 Relocation Assistance Program#236.8.7.2 Fixed Payments - Farm Operations|EPG 236.8.7.2(a)(3)]], and '''NOTE''' at end of [[236.8 Relocation Assistance Program#236.8.7.2 Fixed Payments - Farm Operations|EPG 236.8.7.2(f)]]).<br /> <br /> Farm operators eligible for fixed payments who elect to continue a substantially reduced farm operation, or a different type farm operation, on the remainder of the acquisition parcel can claim their fixed payment anytime after (1) negotiations are initiated for the real property involved (or a Notice of Intent to Acquire-Relocation is issued), and (2) the area included within the right of way acquisition (or the use of other acquired rights necessary to the operation) is denied to the farm operator.<br /> <br /> '''(e) Owner of Displaced Operation is &quot;Subsequent Occupant&quot;'''<br /> <br /> Applicable instructions in preceding subparagraphs (a) thru (d) apply when subsequent occupants are eligible for fixed payments; however, claims from subsequent occupants cannot be paid until after the real property involved has been acquired by the department. (Keep in mind that operations owned by subsequent occupants must be in operation on the site at the time it is acquired by the department. If not, the owner is not an eligible relocatee.)<br /> <br /> ==236.8.8 Relocation Assistance Program - Replacement Housing Payments (RHP)==<br /> <br /> ===236.8.8.1 General Policy===<br /> <br /> Individuals and families displaced from dwellings including condominium and cooperative apartments they owned and occupied for at least 90 consecutive days prior to the initiation of negotiations for the property are entitled to a RHP to enable them to purchase replacement housing. They must meet the payment eligibility requirements outlined in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2]]. The payment, '''including''' reimbursement for incidental expenses incurred in the purchase of replacement housing as discussed in EPG 236.8.9 and compensation for loss of favorable financing as discussed in [[236.8 Relocation Assistance Program#236.8.10 Relocation Assistance Program - Increased Interest Payments|EPG 236.8.10]], cannot normally exceed $31,000.<br /> <br /> '''NOTE A: Exceptions to $31,000 Maximum Payment Limitation'''<br /> <br /> In some instances the addition of incidental closing or increased interest costs to the basic RHP will cause the total to exceed $31,000. Situations will also be encountered in which the department will not be able to make the required comparable DS&amp;S replacement housing available to a relocatee within the maximum payment limitations.<br /> <br /> The '''total''' RHP including incidentals and increased interest will be charged to the applicable Relocation Payment-Last Resort Housing Plan activity, object and <br /> sub-object codes.<br /> <br /> '''NOTE B: 90-Day Owner-Occupants Rent Replacement Dwelling Unit'''<br /> <br /> Eligible 90-Day owner-occupants who rent instead of purchasing DS&amp;S replacement housing are entitled to a rent supplement payment computed in the manner discussed in [[236.8 Relocation Assistance Program#236.8.11.2 Payment Eligibility Requirements|EPG 236.8.11.2(c)]]. The rent supplement payment cannot exceed the calculated RHP.<br /> <br /> '''(a) Advance RHPs'''<br /> <br /> If eligible relocatees request it, they may receive their RHP at the closing on the replacement home, provided that:<br /> <br /> :1. The relocatees' request in writing that their payment be handled in this manner.<br /> <br /> :2. The relocatees have entered into a sales contract, or some other written agreement to purchase, for a specific and available DS&amp;S replacement dwelling.<br /> <br /> :3. The relocatees have a loan commitment from a qualified lender that will enable them to purchase the replacement.<br /> <br /> :4. If owner-occupied and the department has acquired the existing dwelling.<br /> <br /> Advance RHPs will not be processed in district offices unless and until all four of the preceding requirements have been satisfied and the unit file documented accordingly.<br /> <br /> Advance payments must be made under the Escrow Payment Procedure discussed in section (b), or under the advanced occupancy (Relocation Housing Possession Agreement) procedure explained in section (c), whichever is most desirable under the circumstances involved.<br /> <br /> '''NOTE''': The advance payment procedures discussed in this subparagraph, and the two that follow, are normally applicable for both RHPs and down payments as discussed in [[236.8 Relocation Assistance Program#236.8.12.4 Advance Down Payment Assistance|EPG 236.8.12.4]].<br /> <br /> '''(b) Replacement Housing Escrow Agreements''' [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Escrow%20Agreement%20Form%20236.8.8.1.B.pdf (RA Form 236.8.8.1(b))]<br /> <br /> The escrow payment procedure is normally desirable in making an advance payment if the seller of the replacement dwelling is agreeable to closing the transaction and permitting the relocatees to occupy the dwelling prior to receipt of the entire purchase price, with the provision that the relocation payment will be placed in escrow for immediate delivery after the relocatees' purchase and occupancy eligibility requirements are fulfilled.<br /> <br /> The following actions should be taken when the escrow payment procedure is used:<br /> <br /> :'''Step 1''': Obtain a written request from the relocatees that their RHP be placed in escrow for delivery under the terms and conditions set out in Escrow Agreement RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Escrow%20Agreement%20Form%20236.8.8.1.B.pdf Form 236.8.8.1(b)].<br /> <br /> :'''Step 2''': The Relocation Agent and relocatees should mutually agree on a qualified Escrow Agent, other than the real estate firm that is handling the sale of the replacement property to the relocatees. (Reasonable escrow fees, which should always be predetermined, can be paid by the department as routine relocation incidental expenses.)<br /> <br /> :'''Step 3''': District relocation personnel should fill out three copies of a &quot;Relocation Housing Escrow Agreement&quot; (RA Form 236.8.8.1(b)) in the following manner:<br /> <br /> :List the names of all relocatees who are eligible to receive the advance RHP in the first blank space as &quot;Relocatees.&quot; Insert the name of the Escrow Agent in the second space.<br /> <br /> :The amount to be shown in the third paragraph of the agreement is the RHP that the relocatees will be entitled to receive if they conclude the purchase of their chosen replacement dwelling, the specific replacement dwelling discussed in Requirement No. 2 in preceding subparagraph (9), (The procedure for computing replacement housing offers is discussed in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3]]. Also show this same amount in the space provided in the first numbered paragraph of the agreement. If a down payment is involved, cross through &quot;Replacement Housing&quot; and indicate the amount of the computed rental subsidy amount.<br /> <br /> :The amount to be inserted in the third numbered paragraph is the total arrived at by adding (1) the amount paid to the relocatees by the department for their subject dwelling and supporting land area to (2) the above-referenced RHP. (This total must, in every case, be the same amount as the consideration being paid by the relocatees for the above-referenced replacement dwelling that they are purchasing.) If a down payment is involved, insert the computed rental subsidy amount.<br /> <br /> :'''Step 4''': Have all three copies of the agreement signed by all persons whose names appear in the first paragraph of the agreement as &quot;Relocatees,&quot; the escrow agent and the district engineer.<br /> <br /> :The Escrow Agent will check with the district prior to releasing the payment so that a final determination can be made to ensure that all payment eligibility requirements have been fulfilled. This point should be explained and clarified at the time the escrow agent executes the agreement.<br /> <br /> :'''Step 5''': Give one copy of the agreement to the relocatees, one copy to the escrow agent, and retain one copy for the unit file.<br /> <br /> :'''Step 6''': Assist the relocatees in completing and filing their advance RHP claim according to instructions provided in [[236.8 Relocation Assistance Program#236.8.8.4 RHP Claims|EPG 236.8.8.4(b) NOTE B]].<br /> <br /> '''NOTE''': Should a relocatee purchase a replacement under a binding purchase agreement, or under any other arrangement which would cause the wording in the second numbered paragraph to be inaccurate, advise the Right of Way Section in writing and wait for further instructions.<br /> <br /> Should a relocatee who intends to build a replacement dwelling (or otherwise obtain a replacement, other than through outright purchase of a DS&amp;S replacement dwelling) request an &quot;advance&quot; down payment, again advise the Right of Way Section in writing and wait for further instructions.<br /> <br /> '''NOTE''': Escrow fees should not be paid until the escrow agent has provided a signed receipt as required in the third numbered paragraph of the Escrow Agreement.<br /> <br /> '''(c) Advance Payment Using &quot;Relocation Housing Possession Agreement&quot;''' (RA [http://eprojects/Templates/RW/Chapter%208_Relocation/Relocation%20Housing%20Possession%20Agreement%20Form%20236.8.8.1C.1.pdf Form 236.8.8.1(c)])<br /> <br /> When the seller of the replacement dwelling will not convey title and permit the relocatees to occupy the replacement dwelling until he/she receives a substantial portion of the purchase price, the procedure in this subparagraph will normally be used in providing an advance RHP.<br /> <br /> Under this procedure relocatees can sign a RA Form 236.8.9.1(c), Relocation Housing Possession Agreement and receive their RHP prior to occupying the replacement dwelling.<br /> <br /> When this procedure is used the following actions are applicable:<br /> <br /> :'''Step 1''': The relocatees must request an advance RHP in writing. (The request to be made after the four &quot;pre-advance payment requirements&quot; in preceding section (a), have been satisfied.)<br /> <br /> :'''Step 2''': The relocatees must complete and file an appropriate claim, which should be processed for payment in the normal manner.<br /> <br /> :'''Step 3''': Advise the relocatees when the relocation payment check is received in the district office so they can arrange for the closing. The check is to be held in the district office until the following actions are accomplished.<br /> <br /> :'''Step 4''': The relocatees must sign two copies of the Relocation Housing Possession Agreement, one copy for the department and one for them. This can be accomplished at any time prior to delivery of the check; however, it is preferable that the agreement be completed and executed at or near the date of closing so that a firm possession deadline date can be established.<br /> <br /> :'''Step 5''': Department representative should hand carry the check to the scheduled closing. Immediately after title to the replacement dwelling is conveyed to the relocatee, the RHP check can be handed to them or their written designee, '''provided''' the department representative confirms that the actual consideration paid for the replacement dwelling is not less than the replacement housing cost used in computing the relocation payment. (If a down payment is involved, it must also be determined that the relocatees are actually making a down payment in the purchase of the replacement that is not less than the computed rental subsidy payment.) If either determination is negative, the relocation check must not be released; contact the Right of Way Section for additional instructions. The department representative should obtain a copy of the deed to the replacement dwelling (or other applicable conveyance instrument) and a copy of the closing statement at the time the RHP check is delivered.<br /> <br /> :'''Step 6''': A physical inspection must be made to determine whether or not the relocatees occupied the designated replacement dwelling by the date specified in the Possession Agreement. If so, the file must be documented accordingly. If not, the Right of Way Section must be notified at once.<br /> <br /> '''NOTE''': The advance payment procedure will not normally be permitted if the replacement dwelling is located in another state. <br /> <br /> Relocation Housing Possession Agreement RA Form 236.8.8.1(c) is applicable for advance RHPs. Advance down payments should utilize RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocation%20Housing%20Possession%20Agreement%20Form%20236.8.8.1C.1.pdf Form 236.8.8.1(c)(1)]. When a RHP is involved, complete the agreement in the following manner:<br /> <br /> :'''Space 1''': List the names of all relocatees who are entitled to receive the advance RHP.<br /> <br /> :'''Space 2''': Show the amount of the RHP that the relocatees will be entitled to receive if they conclude the purchase of their chosen replacement dwelling.<br /> <br /> :If the payment is to be made to the relocatees, insert the word &quot;them.&quot; (If only one relocatee is involved, insert &quot;him&quot; or &quot;her&quot; as appropriate.) If they request in writing that their payment be made to another party, normally the grantors of the replacement dwelling, set out the names of the designees.<br /> <br /> :'''Space 3''': Insert the address of the replacement dwelling. (If it is located in a rural area, describe its location in reference to known landmarks so that it can be readily identified.)<br /> <br /> :'''Space 4''': Reflect the shortest time period (number of days) in which the relocatees can reasonably expect to occupy the replacement dwelling after they receive their RHP. Occupancy should normally be accomplished within 30 days after closing. (Right of Way Section concurrence must be obtained if a longer occupancy period is shown in this space.)<br /> <br /> :'''Space 5''': When a RHP is involved, the amount to be shown in this space is the total arrived at by adding (a) the amount paid to the relocatees for their existing dwelling and supporting land area to (b) the advance RHP shown in space (2) of this agreement.<br /> <br /> :If a down payment is involved, space 5 must reflect the computed rental subsidy amount.<br /> <br /> :The agreements are to be executed by each relocatee whose name appears in space (1).<br /> <br /> :If the replacement is a mobile home site, change all references from replacement dwelling to replacement mobile home site. Also change the wording in the second paragraph of the agreement following &quot;actually occupy&quot; to read &quot;a replacement mobile home site in a decent, safe and sanitary manner as defined in the commission's Relocation Brochure prior to receipt of their RHP.&quot;<br /> <br /> :It is not likely that an advance RHP will be made when the replacement is a mobile home. If such request is made by an eligible relocatee, the Right of Way Section will provide additional instructions.<br /> <br /> ===236.8.8.2 Payment Eligibility Requirements===<br /> <br /> '''(a) Ownership and Occupancy Requirements - Subject Property'''<br /> <br /> The individual or family being displaced must have owned and occupied their dwelling unit for at least 90 consecutive days immediately prior to the initiation of negotiations for the subject property or, if they are provided a &quot;Notice of Intent to Acquire-Relocation&quot; by the department, they must have owned and occupied it for at least 90 consecutive days prior to the date they actually vacated the property '''if''' it was vacated prior to the actual initiation of negotiations. When a &quot;Notice of Intent to Acquire-Relocation&quot; is used, the 90-day period is measured from the date that negotiations are initiated for the subject, or from the date that it is vacated by the owner-occupant, whichever is earlier.<br /> <br /> '''(b) Ownership and Occupancy Requirements at Initiation of Negotiations'''<br /> <br /> To qualify for this type payment, the relocatees must have owned and occupied the property from which they are being displaced at the initiation of negotiations for that particular parcel or, if they are provided a &quot;Notice of Intent to Acquire-Relocation,&quot; at the time they receive the notice.<br /> <br /> See [[236.8 Relocation Assistance Program#236.8.1.25 Relocation Program on Projects Affected by a Major Disaster|EPG 236.8.1.25]], and [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(15)]], if individuals and families whose homes were damaged or destroyed by a major disaster were not able to reoccupy their dwellings by the time negotiations were initiated for the property.<br /> <br /> '''(c) Property Must Be Acquired By Department From Qualified Owners'''<br /> <br /> Displaced owner-occupants will not be eligible for a RHP if they sell the subject dwelling to any party other than the department after the initiation of negotiations for the parcel. The &quot;other party&quot; who purchases the dwelling will not be eligible for the payment.<br /> <br /> '''(d) Displacement Must Be Necessitated By Right of Way Acquisition'''<br /> <br /> The displacement must be necessary due to the actual acquisition of the subject dwelling by the department, or, due to its being rendered legally or physically landlocked and uninhabitable by the right of way acquisition.<br /> <br /> '''(e) Subject Must Be Owner's Principal Residence'''<br /> <br /> A RHP cannot be made unless the dwelling acquired as right of way by the department (or landlocked) is the owner's principal or legal place of residence. If doubt exists concerning this point, and the district is unable to make a determination, provide pertinent facts in writing to the Right of Way Section for final decision.<br /> <br /> Problems concerning this point are sometimes created when a member of the armed forces is on duty at another location. The following general rules apply in cases of this kind.<br /> <br /> :(1) If the owners have actually moved out of the dwelling, vacated it and taken up residence at another location, they are not eligible for a RHP.<br /> <br /> :(2) If the owners have not moved their furniture out of the house and have not actually surrendered possession to others, they would normally meet the &quot;principal residence&quot; requirement.<br /> <br /> '''NOTE''': Section 472.010(10) RSMo defines &quot;domicile,&quot; which the dictionary interprets as &quot;the place of residence of an individual or a family,&quot; as &quot;the place in which a person has voluntarily fixed his/her abode, not for a mere special or temporary purpose, but with a present intention of remaining there permanently or for an indefinite time.&quot;<br /> <br /> Section 1.020(9) RSMo states that &quot;place of residence means the place where the family of any person permanently resides in this State, and the place where any person having no family generally lodges.&quot;<br /> &lt;div id=&quot;(f) Decent, Safe&quot;&gt;&lt;/div&gt;<br /> '''(f) Decent, Safe and Sanitary Replacement Must Be Purchased and Occupied Within One Year'''<br /> <br /> The relocatees must purchase and occupy a replacement dwelling that meets DS&amp;S standards within a one-year period beginning on the later of:<br /> <br /> :(1) the date the relocatees or their Escrow Agent receives payment from the department for the acquired dwelling; or, in case of condemnation, the date the '''final''' judgment (commissioner's award, stipulated settlement, or jury award) is paid into court; or<br /> <br /> :(2) the date the relocatees move from the displacement dwelling.<br /> <br /> Related information covering the purchase of replacement housing is provided in following subparagraphs (g), (h) and (i) and in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a) 10,14 and 15]].<br /> <br /> '''NOTE A: Clarification of Purchase Requirement'''<br /> <br /> Eligible relocatees who entered into a legally binding contract to purchase a DS&amp;S replacement dwelling, or for the construction of a new replacement dwelling (or for the rehabilitation of a replacement dwelling which they purchased within the applicable one-year time period) will not normally lose their payment eligibility if they are unable to occupy such replacement dwelling within the specified time period for reasons that are beyond their reasonable control. (The unit file must be documented to explain the circumstances involved.)<br /> <br /> If eligible relocatees who purchase and occupy a DS&amp;S replacement dwelling within the one-year time period cannot get title thereto for reasons that are beyond their reasonable control until after such time period has expired, they will not normally lose their eligibility for payment and can file a claim after they do obtain title. (Again document the unit file to explain the circumstances involved.)<br /> <br /> When situations are encountered which reveal other reasons beyond the control of the relocatee, present the facts involved to the Right of Way Section and request an eligibility determination.<br /> <br /> Relocatees who qualify as owners due to having a life estate in the subject, or by holding a long-term lease thereon, can meet this eligibility requirement if they acquire at least the same interest in the replacement as they held in the subject property. (For computations in this situation see [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(11)]].)<br /> <br /> The purchase of a life estate in a retirement home normally enables a relocatee to qualify under this particular requirement. When determining the amount spent by the relocatee in purchasing his/her replacement, include the entrance fee plus any other monetary commitments to the home '''except''' periodic service charges.<br /> <br /> '''NOTE B: Replacement is Mobile Home'''<br /> <br /> A mobile home that meets DS&amp;S standards can be considered a qualifying replacement dwelling even though the relocatees were displaced from a conventional dwelling unit. The mobile home does not need to be located on the relocatees' land or made a part of the real estates to qualify as a replacement dwelling. The cost of the mobile home and site, if applicable, must be at least equal to the right of way payment made for the relocatees' residential property acquired by the department plus the computed RHP.<br /> <br /> '''(g) Displaced Owner Occupies Previously Owned Dwelling Unit as Replacement'''<br /> <br /> Displaced owner-occupants of a residential dwelling unit who move to and occupy a DS&amp;S replacement dwelling that they had previously owned may be entitled to a RHP. See NOTE B in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3]], for computation.)<br /> <br /> If relocatee previously owned a part interest in another residential property that is used as their DS&amp;S replacement, they would be eligible for a RHP '''provided that''' the current value of '''their interest''' in the replacement dwelling unit is equal to the entire amount paid for the subject property by the department plus their computed RHP offer.<br /> <br /> Determine the current value of the relocatees' prior interest in the replacement dwelling in the following manner:<br /> <br /> :'''Step 1''': Request that the replacement residential property be appraised. (The appraisal can be reviewed and approved in the district.<br /> <br /> :'''Step 2''': Determine the relocatees' degree of prior ownership in the replacement residential property by percentage.<br /> <br /> :'''Step 3''': Apply the percentage from Step 2 to the appraised value of the replacement residential property. The resulting figure will be the current value of the relocatees' prior interest in the property.<br /> <br /> '''(h) Relocatee Purchased Replacement in Partnership With Other Parties'''<br /> <br /> If qualified relocatees purchase their replacement dwelling in partnership with other parties who did not also own an interest in and occupy the subject dwelling, they must invest an amount equal to the entire amount paid for the subject property by the department plus the computed RHP in the purchase of their interest in the replacement. <br /> <br /> When this situation is encountered the relocatees' replacement housing claim form must be completed in the manner explained in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(14)]], which will ensure that the above requirement is complied with. (Also see [[236.8 Relocation Assistance Program#236.8.1.5 Ownership Qualifications|EPG 236.8.1.5(f)]].)<br /> <br /> If the relocatee also owned the subject dwelling in partnership with non-occupants, apply the instructions provided in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(13)]].<br /> <br /> '''(i) Deadline For Filing Claims'''<br /> <br /> Replacement housing claims must be filed with the department within six months after the expiration of the one-year period discussed in EPG 236.8.8.2(f), (the time period can be extended, for good cause, with concurrence from the Right of Way Section.)<br /> <br /> ===236.8.8.3 Payment Computations===<br /> <br /> A RHP must be for the lesser of an amount equal to the difference between the final amount received by eligible relocatees in payment for their dwelling ('''prior''' to any deductions covering the value of salvage retained by the owners) and either the actual amount paid for a DS&amp;S replacement dwelling by the relocatees (not including incidental closing costs and increased interest payments), or the amount determined by the department as necessary to purchase the most nearly comparable DS&amp;S replacement dwelling available. The payment, together with authorized incidental closing costs related to the purchase of the replacement and increased interest costs normally must not exceed $31,000.<br /> <br /> If the &quot;replacement&quot; is a mobile home, do not include the cost of the furniture and appliances therein as part of the &quot;consideration paid,&quot; even though they were purchased with the mobile home as part of a &quot;package deal,&quot; unless such furniture and/or appliances are built-in and are considered to be a part of the mobile home. Tie-down expenses, underpinning, transportation and/or delivery costs, installation costs (including &quot;blocking&quot; and/or foundation), the cost of steps, air conditioning and &quot;built-in&quot; furniture can all be included as part of the replacement housing cost.<br /> <br /> '''NOTE A: Correction of Decent, Safe and Sanitary and/or Functional Similarity Deficiencies'''<br /> <br /> If a relocatee whose RHP offer was based on a comparable DS&amp;S dwelling purchases a different replacement dwelling that has DS&amp;S deficiencies and after purchase corrects those deficiencies, the documented actual expenses, as discussed in EPG 236.8.8.3(a)(l0), can be considered as having been spent in the purchase of the property. The actual cost of correcting the DS&amp;S deficiencies can be added to the purchase price of the replacement.<br /> <br /> Relocatees who acquire a replacement dwelling that is not functionally equivalent to their displacement dwelling can include, as a part of the replacement purchase price, any documented expenditure they make in improving the replacement to a level of functional similarity. ('''IN NO CASE''' can such improvement be the replacement of an exterior attribute the value of which was subtracted from the acquisition cost of the displacement dwelling for purposes of computing their RHP.)<br /> <br /> The cost of improvements to the replacement dwelling other than those required to eliminate DS&amp;S deficiencies or to gain functional similarity with the displacement dwelling cannot be included as a part of the purchase price of the replacement dwelling.<br /> <br /> '''NOTE B: Relocatee Moves to and Occupies Previously Owned Residence'''<br /> <br /> Eligible displaced residential owner-occupants who move to and occupy a previously owned DS&amp;S dwelling as their replacement dwelling will be entitled to a RHP. The payment will be based on the lesser of the difference between their right of way payment for the subject residential property and (1) the price of the selected comparable that was used in computing their RHP offer, or (2) the current value of the previously owned replacement dwelling.<br /> <br /> Apply the following procedure in determining the current value of the pre-owned replacement dwelling.<br /> <br /> Request that the pre-owned replacement to be inspected by a qualified member of the right of way staff (normally an appraiser) to determine whether or not the value of the actual pre-owned replacement is equal to or exceeds the price of the selected comparable. If so, the inspector must prepare a written statement to this effect for the unit file. In this case, the RHP will be equal to the difference between the relocatees' right of way payment for the subject residential property and the price of the selected comparable.<br /> <br /> If, however, the inspector determines that the value of the actual pre-owned replacement is less than the price of the selected comparable, it will be necessary to obtain an appraisal of the actual pre-owned residential property. (The appraisal can be reviewed and approved in the district.) The relocatees' RHP will be equal to the difference between the right of way payment for the subject residential property and the appraised value of the pre-owned replacement.<br /> <br /> The &quot;current value&quot; of the pre-owned replacement residential property will be established at or near the time it is occupied by the relocatees. Value added by improvements made after occupancy will be ignored in determining the &quot;current value&quot; for use in RHP computations '''UNLESS''' they are necessary to make the dwelling DS&amp;S and/or to make it functionally equivalent to the displacement dwelling.<br /> <br /> When DS&amp;S corrections are necessary, consider the &quot;current value&quot; '''after''' the corrections are made when computing the RHP. (If the replacement dwelling is not made DS&amp;S within the one-year period discussed in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2(f)]], the relocatee will not normally be entitled to a RHP.)<br /> <br /> If the pre-owned replacement dwelling is not functionally equivalent to the displacement dwelling, the relocatees have the options of either (1) requesting that its &quot;current value&quot; at the time of occupancy (Prior to improvement) be used in the RHP computations to expedite the payment (this will normally be done when the pre-improvement value is expected to equal or exceed the price of the selected comparable on which the RHP offer was based, or (2) of waiting until improvements needed to make it functionally equivalent to the displacement unit are completed so that the &quot;current value&quot; after improvement will be used in the RHP computations. (The improvements must normally be made prior to the end of the one-year period discussed in [[#(f) Decent, Safe|EPG 236.8.8.2(f)]].)<br /> <br /> '''(a) Comparable Methods of Computing RHPs'''<br /> <br /> When an owner-occupied dwelling is acquired, the maximum amount that will be due the owners as a RHP must be determined if they meet all of the payment eligibility requirements for this type of payment.<br /> <br /> Under normal circumstances this determination will be made by analyzing at least three available replacement comparable properties.<br /> <br /> '''(1) Entire Acquisition of Single-Family Dwelling'''<br /> <br /> In this situation the entire offer made by the department to the owner-occupants for their residential property is deducted from the price of the most nearly comparable replacement available to determine the maximum additional amount necessary to enable owners to purchase a replacement property. This amount is the maximum RHP that the owners may be eligible to receive.<br /> <br /> '''(2) Acquisition Includes All Residential Improvements and Supporting Land Plus Other Lands'''<br /> <br /> This situation would exist when; for example,<br /> <br /> :(a) all residential improvements and supporting land area are included in a strip acquisition that also includes farm land, fences, and farm buildings not actually related to the residence. Residential improvements, as referred to above, mean the house, garage, residential storage sheds, well, and all other improvements located on the &quot;supporting land area&quot; and used in maintaining a home. The term &quot;supporting land area&quot; relates to an area comparable in size to typical residential building lots in the area.<br /> <br /> :(b) when an &quot;extra&quot; building lot is acquired with the subject residence and its supporting land area, and<br /> <br /> :(c) when the subject residence is situated on a small acreage plot, all or a portion of which is also acquired.<br /> <br /> In these situations an appraiser must &quot;carve out&quot; from the approved negotiating offer the portion that is chargeable to the residential improvements and supporting land area. '''Only''' this portion of the department's offer will be used in determining the RHP.<br /> <br /> '''NOTE: Determining Necessity for Prorating Negotiating Offer'''<br /> <br /> Although small acreage home sites (and occasionally farms) may be consistent in size within an area, they are not normally considered typical residential building lots. These units usually contain the equivalent to a typical residential building lot plus other lands which are not a part of the residential &quot;supporting land area.&quot;<br /> <br /> If &quot;other lands&quot; are involved, apply the following procedure in determining the area to be included in the residential &quot;supporting land area.&quot;<br /> <br /> Designate a hypothetical residential site that is equal to the area that encompasses the dwelling, garage, other residential improvements, and a reasonably sized lawn. The site should normally be one acre or less and similar in size to typical urban area residential lots. The designated lot should not normally be smaller than the lot on which the selected comparable dwelling is situated. (Family sized garden plots would normally be included within the designated site.)<br /> <br /> If the parcel has been subdivided into typically sized urban area building lots, it would normally be proper to consider the lot on which the dwelling is located as the supporting residential land and the additional lots as other lands.<br /> <br /> These principles are also applicable when computing rental subsidy payments.<br /> <br /> '''(3) Partial Acquisition of Residential Properties - Dwelling Located On Normal Size Residential Building Lot - No Other Land Involved'''<br /> <br /> The department must offer to acquire remainders that are, during the appraisal review, determined to be uneconomic remnants.<br /> <br /> The value offered for the uneconomic remnant will be added to the approved negotiating figure and included in the computations of a RHP. <br /> <br /> If the owner does not elect to sell the remnant, the RHP will be recomputed excluding the value of the remnant.<br /> <br /> '''NOTE''': When there is an offer to purchase an uneconomic remnant, the department is not obligated to condemn and will not acquire it through condemnation proceedings.<br /> <br /> '''(4) Partial Acquisition of Residential Property Plus Other Lands (Owner-Occupant is Totally Displaced)'''<br /> <br /> When this situation is experienced, acquisition includes only a part of the residential improvements and/or supporting land area plus other lands, it is necessary to have an appraiser break down the approved negotiating figure to show the portion thereof that is chargeable to the residential improvements and supporting land area. (Damages to any remaining residential improvements and/or to the remainder of the residential land area, including temporary easements, are to be included in the portion of the offer that is chargeable to the residential improvements and supporting land area.) <br /> <br /> To arrive at the maximum RHP, deduct the portion of the approved right of way offer that is chargeable to the residential improvements and supporting land area from the price of the most nearly comparable DS&amp;S replacement property available. (The term &quot;supporting land area&quot; is defined in preceding paragraph (2) NOTE.)<br /> <br /> If an uneconomic remnant or excess land is purchased by the department which contains portions of both the residential land area and other remaining lands, it will be necessary to determine the portion of the payment for such remnants or excess that is chargeable to the remainder of the residential land area and reduce the relocatees' RHP accordingly.<br /> <br /> '''(5) Dwelling on Land With Higher and Better Use'''<br /> <br /> The fact that a dwelling is located on land with a higher and better use, and that the right of way offer is based on higher than residential land value, has '''no''' effect on the RHP computation procedure. Use the same procedure that would be applicable if the dwelling was located on land with a normal residential value.<br /> <br /> RHP computations are not affected if the residential improvements do not contribute any value to the &quot;higher and better use&quot; property. Use the approved right of way negotiating offer for the property, or, if applicable, for the portion with a hypothetical residential land area, in the computations regardless as to whether or not it includes an improvement value.<br /> <br /> '''NOTE''': If application of this policy creates an excessive RHP which could occur if a limited strip acquisition removes an occupied dwelling which contributes no value to the property, request additional computation instructions from the Right of Way Section.<br /> <br /> '''(6) Joint Residential and Business Use'''<br /> <br /> When an owner-occupied commercial property is acquired which contains both a residential unit and a business area, it will be necessary for an appraiser to prorate the department's right of way offer to show the portion chargeable to the residential unit and if applicable to its supporting land area. (The appraiser must use his/her best judgment in determining whether or not any part of the land area should be charged to the residential portion of the property.) <br /> <br /> The portion of the offer chargeable to the residential unit and supporting land will be deducted from the price of a DS&amp;S replacement dwelling unit functionally equivalent to the portion of the subject property that was used for '''residential''' purposes.<br /> <br /> When a part-time or hobby-type business, which does not contribute substantially to the relocatees' total income, is located on the displacement residential property or in the residential dwelling unit, it '''is not necessary''' to prorate the department's offer.<br /> <br /> Should a business that is located on the relocatees' residential property or within their dwelling unit contribute materially to their total income and meet the basic eligibility requirements for a fixed moving payment, proration is necessary. (In this case, the major portion of the land area should normally be charged to the residential property.)<br /> <br /> '''NOTE A: Principles for Determining Portion of Land Value Chargeable to Residential Area'''<br /> <br /> The following principles can be applied in determining what part of the land value is chargeable to the residential portion of the property.<br /> <br /> The conclusion should be influenced to a large extent by the primary design and use of the property. For example, if the structure was designed and is primarily used as a residential dwelling with a small area set aside for business purposes, and if the entire land area is maintained as a lawn, it would be reasonable to charge all of the land value to the residential property.<br /> <br /> Conversely, if the main structure is primarily a business building with the residential living quarters being a minor area of space and design and the land area entirely paved for customer parking, it should be acceptable to charge all of the land value to the business.<br /> <br /> Should the acquisition include &quot;other lands&quot; not directly related to or used in support of the joint use structure, it will first be necessary to designate a hypothetical area which supports the structure and then prorate the value of that specifically designated land area as discussed in this NOTE.<br /> <br /> '''(7) Multiple Occupancy of Same Single-Family Dwelling Unit'''<br /> <br /> The principles discussed herein are applicable in computing payment offers for the eligible occupants even though some of the families or separate individuals involved do not meet occupancy time requirements or for some other reason are not eligible for a RHP.<br /> <br /> If two or more eligible individuals and/or families that occupy the same single-family dwelling maintain separate households, they will be entitled to separate RHPs. (The term &quot;individuals&quot; as used herein relates to single occupants who are not members of one of the subject displaced families.)<br /> <br /> If the individuals and/or families do not maintain separate households, they will be entitled to only one joint RHP '''if''' a comparable (or better) DS&amp;S replacement dwelling is available to them. (The one payment can be prorated between eligible individuals and/or families which relocate by choice into separate DS&amp;S replacement dwellings.) If a comparable DS&amp;S dwelling is not available which will enable the individuals and/or families to relocate together and as a consequence they are forced to occupy separate replacement dwellings, they will be entitled to separate RHPs. (Should joint-occupancy individuals and/or families which are eligible for separate payments, due to forced separation, actually purchase and occupy the same DS&amp;S replacement dwelling, they will be entitled to one joint RHP which cannot exceed the combined total of their separate RHP offers, nor can it normally exceed the $31,000 maximum payment limitation for this type payment.)<br /> <br /> Individuals and/or families will not normally maintain separate households if they commingle and share space and rooms throughout the dwelling, with the exception of private bedrooms. (The Right of Way Section will assist in determining whether or not separate households are being maintained by the relocatees.)<br /> <br /> '''All''' owner-occupants who do not maintain separate households within the single-family dwelling will be entitled to '''one''' joint RHP '''if''' a comparable or better DS&amp;S replacement dwelling is available to them.<br /> <br /> When early relocation contacts indicate that &quot;multiple occupancy&quot; may be involved, it is necessary to make the following two determinations before computing relocation payments or making commitments to the relocatees.<br /> <br /> '''First''': Determine the occupancy status of the occupants. Are they all owners, all tenants, or are both owners and tenants occupying the single-family dwelling unit?<br /> <br /> When &quot;families&quot; are involved, for example, father, mother, and adult children or other relatives occupy a dwelling owned by the parents and no separate households maintained, it may be difficult to determine whether or not some of the parties, normally adult children, are bona fide tenants. A mere statement that some are paying rent to others will not suffice.<br /> <br /> Even though &quot;rental receipts&quot; can be produced, it is normally impossible to determine whether the payments were actually made and, if so, whether they were for basic rent (room exclusive of board, or merely a contribution toward the cost of food, utilities, and other household costs).<br /> <br /> Before any occupants in questionable situations can be considered bona fide tenants, owners must produce a copy of their most recent federal income tax return showing the rental payments as taxable income. If they do not provide these tax returns, it will normally be determined that no eligible tenants are involved. If the relocatees claim that the owner-tenant relationship has been established since the last Federal income tax return was filed, request guidance from the Right of Way Section.<br /> <br /> If it is determined that no bona fide tenants are involved, it will be assumed that only one &quot;family&quot; is being displaced, in which case, policies and procedures relating to &quot;Multiple Occupancy of Same Single-Family Dwelling Unit&quot; '''will not apply'''. The owners will be paid a RHP to enable them to purchase a comparable DS&amp;S replacement dwelling that will house the &quot;family.&quot;<br /> <br /> If it is determined that both eligible owners and tenants are involved, follow the procedure in EPG 236.8.8.3(a)(7)C.<br /> <br /> '''Second''': Determine whether those in each occupancy status, owners and/or tenants, maintain separate households. '''All''' owners who do not maintain separate households will receive '''one''' RHP. Those who maintain separate households will be entitled to separate RHPs based on their owner or tenant occupancy status.<br /> <br /> After both of the preceding &quot;determinations&quot; have been made, the applicable instructions in this subparagraph (EPG 236.8.8.3(a)(7)A thru D) can be applied in computing and disbursing RHPs.<br /> <br /> '''A - Eligible Individuals and/or Families Maintain Separate Households'''<br /> <br /> Each eligible individual and/or family (90-Day owner-occupants) that maintains a '''separate household''' within the acquisition dwelling is entitled to a separate RHP offer.<br /> <br /> Individuals and/or families will be referred to as &quot;parties&quot; in the following discussion, each separate individual and/or family is a separate &quot;party.&quot;<br /> <br /> The procedure for computing the separate RHP offers is as follows:<br /> <br /> :1. The portion of the department's right of way offer to be used in computing the RHP for each separate eligible party is determined by dividing the total right of way offer for the subject residential property by the number of parties involved, in the same percentage ration that the property is owned by each party.<br /> <br /> :2. Determine the size and utility of the replacement dwelling to which each separate party is entitled by considering the space and utility each party used in the subject dwelling. This can be accomplished by determining (1) the space each family privately occupied in the subject, and (2) other areas (rooms) to which each had free and unlimited sharing privileges. (The same shared space in the subject can be &quot;credited&quot; to each party who had unlimited access to it.)<br /> <br /> :3. Determine the price of a DS&amp;S dwelling unit for each family that is as functionally equivalent to the '''prorated space''' &quot;assigned&quot; to that family in the subject dwelling.<br /> <br /> :4. Subtract the appropriate '''prorated right of way offer''' from the price of a suitable replacement for each separate party to determine the maximum RHP that particular party is entitled to receive. An example of the computations involved is as follows.<br /> <br /> The department acquires a single-family dwelling unit owned and occupied by two separate families for $60,000. One family owned 80% interest in the subject and the other 20% interest.<br /> <br /> The house contains 2,000 square feet and 10 rooms.<br /> <br /> Divide the right of way offer, in the manner discussed in Step 1 above, and determine that the majority owner's portion is $48,000 and the minority owner's portion is $12,000 (80% of $60,000 = $48,000 and 20% of $60,000 = $12,000).<br /> <br /> The majority owner privately occupied three bedrooms, a living and dining room, and had free and unlimited sharing privileges in a kitchen and a room used as an office, a total of 1,700 square feet. The minority owner had private use of two bedrooms and a family room and also had free and unlimited sharing privileges in the kitchen and office room, a total of 1,550 square feet. These facts reflect that the majority owner is entitled to a replacement comparable to a 7-room unit containing approximately 1,700 square feet. The minority owner would be entitled to a replacement comparable to a 5-room unit containing approximately 1,550 square feet.<br /> <br /> The majority owner's RHP offer would be computed in the following manner.<br /> <br /> Determine the price of an available DS&amp;S 7-room unit containing approximately 1,700 square feet, that is functionally equivalent. (In this example use $52,000 as the price of the available comparable.) Deduct $48,000 (the prorated offer) from $52,000 and find that this owner is entitled to a $4,000 RHP offer.<br /> <br /> Compute the minority owner's payment in the same manner.<br /> <br /> Each family will also be eligible for reimbursement of their actual incidental closing costs and increased interest payments.<br /> <br /> All computations and prorations must be documented in the unit file.<br /> <br /> If one of the families elects to purchase a replacement dwelling and other elects to rent in lieu of purchasing, each can qualify for their applicable payment if otherwise eligible - one for a RHP computed in the manner discussed in this subparagraph and the other for a rental subsidy payment computed in the manner discussed in [[#236.8.11.4 Computations - Actual Rental Subsidy Payment Due Relocatee|EPG 236.8.11.4(a)(1)]]. (The economic rental fee for the subject, which will be used in computing the rental subsidy payment, must be the economic fee that would be charged for a unit that is comparable in space and utility to the prorated space, as determined in preceding Step No. 2. The family which purchased its replacement dwelling will be entitled to reimbursement of its eligible incidental closing costs and, if otherwise eligible, an increased interest payment.<br /> <br /> Each party's payment cannot normally exceed $31,000 for owner-occupants or $7,200 if the replacement is a rental unit.<br /> <br /> Should some or all of the parties involved purchase and occupy the same DS&amp;S replacement dwelling, regardless as to whether or not they reestablish separate households, they will still be entitled to their separate RHPs based on the difference between their (each party's) pro rata share of the actual right of way payment and either (1) the price of the selected comparable used in computing their RHP offer, or (2) the portion of the purchase price of the actual replacement '''paid by that specific party''', whichever is the lesser. In this case, however, the combined RHPs cannot exceed the difference between the total right of way payment for the acquired dwelling and the total purchase price of the DS&amp;S replacement dwelling actually purchased and occupied or the $31,000 maximum payment limitation, unless paid under the Last Resort Housing Program.<br /> <br /> If a reduction is necessary in the amount of each payment, it is desirable that they be combined into one payment naming all parties involved. This will eliminate potential problems with the various parties in determining the extent that each separate payment must be reduced. A combined claim will also simplify the payment of incidental and increased interest payments. (If for any reason a combined payment is not workable, request instructions for determining the amount of each separate payment from the Right of Way Section.)<br /> <br /> '''B - Eligible Individuals and/or Families Do Not Maintain Separate Households'''<br /> <br /> '''(1) Comparable DS&amp;S Replacement Dwelling is Available'''<br /> <br /> If a comparable or better DS&amp;S replacement dwelling is available within the maximum $31,000 RHP limitation when two or more eligible individuals and/or families are displaced from the same single-family dwellingthat they jointly own and occupy, only one RHP will be made. The payment will be computed as if only one family was involved.<br /> <br /> If all of the parties involved purchase and occupy the same DS&amp;S replacement dwelling, and meet all payment eligibility requirements, they will be entitled to the full amount of the applicable RHP. The RHP claim must be signed by '''all''' of the eligible parties involved and the payment check must include the names of all who signed the claim.)<br /> <br /> Should the parties purchase and occupy different replacement dwellings even though a comparable replacement is available which would have enabled them to stay together, the one RHP will be prorated and each eligible party will be paid its pro rata share thereof provided they spend an amount equal to their prorated share of the consideration paid for the subject dwelling '''plus''' their prorated share of the RHP offer in the purchase of their replacement dwelling.<br /> <br /> When determining each party's pro rata share of the total computed RHP offer, and their applicable share of the right of way consideration paid by the department for the subject, consider each party's separate ownership interest in the subject. If all of the parties involved owned an equal interest in the subject, merely divide the total computed RHP offer by the total number of individuals who owned and occupied the subject.<br /> <br /> If some owned greater interests than others, the specific degree of ownership applicable to each will be shown in the instrument by which they acquired the subject. Under this circumstance, the proration will be accomplished by dividing the total computed RHP offer in the same percentage ratio that the property is owned by the separate parties. The RHP offer would be prorated in the same manner when applying the above instructions, one-half to the first party and one-fourth to each of the other two. (The same procedure is applicable when computing each party's pro rata share of the right of way consideration which is necessary to determine how much in addition to its pro rata share of the RHP offer, it must spend, or obligate to spend, in the purchase of its replacement.)<br /> <br /> If some of the parties involved purchased and occupied DS&amp;S replacement housing and others failed to do so, those who did purchase and occupy DS&amp;S replacements shall be paid their pro rata share thereof, '''provided''' that they spent an amount equal to their prorated share of the consideration paid for the subject dwelling '''plus''' their prorated share of the RHP offer in the purchase of such replacement. If two or more of the parties involved jointly purchase a DS&amp;S replacement dwelling, they must, to be eligible for payment, jointly spend an amount equal to their combined prorated shares of the right of way payment for the subject '''plus''' their combined prorated share of the RHP offer in the purchase of the replacement.<br /> <br /> If all of the parties involved rent separate replacement dwellings in lieu of purchasing, they will be entitled to their share of the one computed rental subsidy payment as discussed in detail in [[#236.8.11.4 Computations - Actual Rental Subsidy Payment Due Relocatee|EPG 236.8.11.4(a)(4)]]. Should they all rent the same replacement unit, they will be eligible for one rental subsidy payment.<br /> <br /> It is also permissible for some of the parties involved to purchase DS&amp;S replacement housing and be paid their pro rata share of a computed RHP and others to rent replacements, in lieu of purchasing, and be paid a pro rata share of a computed rental subsidy payment. In this situation, it is necessary to compute both a routine RHP and a routine rental subsidy payment. Compute both payments as if a conventional family were involved and as if the other payment computation did not exist, comparing the &quot;entire&quot; subject dwelling unit to the comparable DS&amp;S replacement dwelling unit.<br /> <br /> The parties that purchase their replacements are entitled to a pro rata share of the computed RHP offer. The various pro rata shares will be determined as if all of the parties involved ('''all''' those who owned and occupied the subject) were receiving a portion of the RHP. The same principle applies if some of the parties owned greater interests in the subject than others. To be eligible for the payment each party which purchases a replacement must spend, or obligate to spend, an amount equal to its pro rata share of the RHP offer plus its pro rata share of the right of way consideration.<br /> <br /> Those who rent DS&amp;S replacement units will be entitled to their pro rata share of the computed rental subsidy payment offer. When prorating the computed rental subsidy payment offer, use the '''total''' number of parties which owned and occupied the subject when &quot;dividing&quot; the payment.<br /> <br /> Should the parties which purchase replacement housing spend an amount that exceeds their prorated portion of the right of way consideration paid for the subject but less than the combined total arrived at by adding their prorated right of way payment to their prorated portion of the computed RHP offer, their RHP must be reduced to an amount equal to the difference between their prorated right of way payment and the amount they actually spent in the purchase of their replacement.<br /> <br /> '''NOTE''': The department is '''not''' obligated to locate or provide separate DS&amp;S replacement housing that can be purchased or rented. The department's obligation is to provide a comparable DS&amp;S replacement dwelling that would house all of the relocatees involved.<br /> <br /> When completing a Replacement Housing Claim Form for a prorated RHP, make a specific reference to this fact under &quot;Comments&quot; and explain the circumstance that justifies this type payment.<br /> <br /> The claim form will be completed in the routine manner '''except''' for the changes outlined in the following paragraphs.<br /> <br /> Complete the first four lines in the &quot;Computations&quot; section of the claim form in the following manner.<br /> <br /> The first space on both the first and second lines should be marked &quot;N/A.&quot;<br /> <br /> In the second space on the first line show the actual amount paid for the replacement dwelling, as is the normal practice.<br /> <br /> In the second space on the second line show the pro rata portion of the right of way consideration that the subject individual(s) was/were entitled to receive.<br /> <br /> In the first space on the third line (the line entitled &quot;Difference&quot;) insert the subject individual(s) '''pro rata''' share(s) of the '''computed''' RHP offer.<br /> <br /> In the second space on the third line reflect the difference between the entries in the second spaces on the first two lines.<br /> <br /> Complete the fourth line in the routine manner.<br /> <br /> '''(2) Comparable Decent, Safe and Sanitary Replacement Dwelling is NOT Available'''<br /> <br /> If a comparable or better DS&amp;S replacement dwelling is not made available when two or more eligible individuals and/or families are displaced from the same single-family dwelling which they jointly own and occupy, and as a consequence the individuals and/or families are forced to occupy separate dwellings after displacement, each party (individual and/or family) involved will be entitled to a separate RHP if they actually purchase and occupy separate replacement dwellings. If all of the parties involved purchase and occupy the same replacement dwelling, only one RHP will be made. The one payment will be based on the difference between the amount paid for the subject property and the price of the replacement they purchased and occupied, '''not to exceed''' the combined total of their separate RHP offers nor the maximum $31,000 payment limitation for this type of payment.<br /> <br /> '''NOTE''': Should the only existing comparable or better DS&amp;S replacement dwellings available to the joint occupancy families require a RHP in excess of $31,000, or if no existing comparable or better replacement is available, determine whether it is more practical to provide separate replacement dwellings as discussed in preceding subparagraph 2 or to make an existing higher priced replacement available, or possibly to build a comparable replacement dwelling, under the Last Resort Housing Program. Submit your findings and recommendations to the Right of Way Section for concurrence prior to making a commitment to the relocatees.<br /> <br /> When the individuals and/or families involved are entitled to separate RHPs, apply the computation procedures discussed in preceding subparagraph A, that are applicable when individuals and/or families maintain separate households within the displacement dwelling.<br /> <br /> The department's obligation to provide adequate replacement housing will be met if a separate DS&amp;S dwelling is made available to each party which provides comparable space and utility to that which they enjoyed in the subject dwelling. When comparing space between the subject and comparables, consider the space that the separate party privately occupied in the subject dwelling plus community rooms which it shared with the other parties.<br /> <br /> '''C - Two or More lndividuals and/or Families Occupy Same Single-Family Dwelling - One Party Owns Dwelling, Others are Tenants'''<br /> <br /> In this case, the owner-occupants will be entitled to a RHP. When the space privately occupied by the tenants is not a substantial portion of the dwelling, it is proper to select a replacement dwelling that is comparable to the acquired dwelling and base the RHP offer on the difference between the entire right of way offer for the subject residential property and the price of the comparable.<br /> <br /> If, however, the space privately occupied by the tenants is a substantial portion of the dwelling, or if a replacement is not available that is comparable to the subject dwelling in its entirety, it is permissible to base the RHP offer on a replacement that is comparable to only that space and utility the owner-occupant enjoyed in the subject unit. Under this procedure, when computing the RHP offer, it will be necessary to carve out the portion of the right of way offer that is chargeable to the space occupied by the owner. Deduct the carved out portion of the right of way offer from the price of the smaller comparable.<br /> <br /> The parties which are tenants, and who do not maintain separate households, will be entitled to '''one''' rental subsidy payment. In selecting a comparable replacement dwelling unit, consider the total space and utility enjoyed by the separate tenants. Should two or more tenants occupy separate households, each will be entitled to a separate rental subsidy payment.<br /> <br /> Should some or all of the tenant families elect to purchase in lieu of renting replacement dwellings, apply the principles discussed.<br /> <br /> If all of the parties move to the same single-family replacement dwelling and continue living together under the same occupancy status, the tenants would not be entitled to a rental subsidy payment unless they can prove that their rent has been increased for justifiable reason.<br /> <br /> '''D - Married Couples Separated and/or Divorced Prior to Filing Claim'''<br /> <br /> If both spouses jointly owned and occupied a dwelling unit that was acquired by the department are divorced after acquisition but prior to obtaining replacement housing and as a consequence do not purchase and/or occupy the same replacement dwelling unit, it will be necessary to determine whether or not the court approved property settlement between the two relocatees, specified which party is entitled to receive the relocation payments involved. If so, the payments will be made accordingly. If the court-approved property settlement does not specify which party is to receive the relocation payments, the two relocatees involved will be placed in the same category as individuals which do not maintain separate households and the policy discussed in preceding EPG 236.8.8.3(7)(B)1, will apply.<br /> <br /> Couples that are separated at or after the initiation of negotiations for the subject, but not legally divorced, will be considered as a &quot;family&quot; and only one type of payment will be made '''unless''' both spouses request in writing that the &quot;one payment&quot; be a rental subsidy payment in lieu of a RHP. If a replacement dwelling is purchased in the names of both parties, both must sign the claim and both will be named on the RHP check, regardless as to whether or not they continue to live separately. If only one of the parties purchase the replacement dwelling, or if they purchase and occupy different replacement dwellings, see the following paragraph. (Contact the Right of Way Section if the party which does not purchase a replacement dwelling desires to assign his/her share of the RHP to the party which does.)<br /> <br /> Should one of the parties qualify for the payment and the other fail to do so, the eligible relocatee can claim and be paid his or her pro rata share of the applicable payment. To qualify for a pro rata share of a RHP, under this circumstance, the eligible party would have to purchase and occupy a DS&amp;S replacement dwelling and spend an amount equal to that party's share of the right of way consideration paid for the subject '''plus''' that party's pro rata share of the computed RHP offer. If the subject relocatee spent less than the required amount, his/her prorated RHP must be reduced accordingly. Apply the same principle if the two parties purchased different DS&amp;S replacement dwellings. Each could be paid their pro rata share of the one RHP offer if they spend the required amount in purchasing their replacements. The same principles would apply if the two parties rent and occupy different replacement rental units.<br /> <br /> It is possible that the terms of a '''legal separation''' could create a situation where one of the relocatees involved would be eligible for a rental subsidy payment and the other for a RHP. If a couple becomes '''legally separated''' prior to obtaining replacement housing, provide all facts to the Right of Way Section and wait for further instructions.<br /> <br /> '''NOTE''': If both spouses jointly owned and occupied a dwelling unit at the initiation of negotiations for the subject dwelling are divorced prior to the time the dwelling is acquired by the department, present all facts involved, specifically information relating to the property settlement agreement, to the Right of Way Section.<br /> <br /> '''(8) Multi-Unit Dwelling Complexes'''<br /> <br /> If the owner of a multi-unit dwelling occupies one of the units therein being acquired, their maximum RHP will be computed in the following manner.<br /> <br /> '''Step 1''': An appraiser must prorate the department's total offer for the property to determine the portion that is chargeable to the specific unit occupied by the owners. <br /> <br /> '''Step 2''': Locate the most nearly comparable replacement dwelling of the same type that is available on the market.<br /> <br /> If the same type complex is not available, locate the most nearly comparable complex of the next lowest density that is available.<br /> <br /> '''Step 3''': This step is applicable only if the selected comparable is, of necessity, a single-family residential dwelling.<br /> <br /> Deduct the prorated portion of the offer that is chargeable to the unit occupied by the owner-occupant as determined in preceding Step l, from the price of the selected comparable. The resulting figure will be the maximum RHP available.<br /> <br /> '''Step 4''': Steps 4 and 5 are applicable if the selected comparable is a multi-family complex.<br /> <br /> Prorate the price of the comparable multi-family complex to determine the portion that is chargeable to the specific unit that is most comparable to the unit occupied by the subject relocatees in the acquisition dwelling complex. <br /> <br /> '''Step 5''': Deduct the prorated portion of the department's right of way offer that is chargeable to the unit occupied by the relocatees in the acquisition complex, as determined in preceding Step 1, from the prorated portion of the price of the comparable, as determined in preceding Step 4, to determine the maximum RHP available to the relocatee.<br /> <br /> To qualify for the computed RHP, the relocatees must spend an amount equal to the prorated value assigned to the unit they occupy in the subject plus the total RHP offer.<br /> <br /> If a comparable of lower density is used in computing a RHP, it is recommended that a memo be placed in the unit file clarifying the fact that no comparable of the same density was available.<br /> <br /> Should the owner-occupants own the complex in partnership with others, their maximum RHP offer will be computed in the same manner as discussed in the preceding steps; '''however''', the amount they must spend in the purchase of a replacement under this circumstance is determined in the following manner.<br /> <br /> '''Step A''': Determine the portion of the total right of way offer for the subject property that the owners will be entitled to receive.<br /> <br /> '''Step B''': Apply this same percentage figure to the prorated portion of the right of way offer that is chargeable to the individual unit that the relocatees occupy in the subject complex to determine the portion of the prorated figure they will be entitled to receive.<br /> <br /> '''Step C''': The relocatees are entitled to the total computed RHP if they spend an amount equal to the total RHP offer '''plus''' their share of the prorated portion of the right of way offer that is chargeable to the unit they occupy in the subject.<br /> <br /> '''(9) Replacement Property Includes Lands in Addition to Residential Improvements and Supporting Land Area'''<br /> <br /> If the replacement property acquired and occupied by qualified relocatees include lands and/or property in addition to the residential improvements and supporting land area, a carve out is not required. The total amount paid for the entire property and a decent, safe and sanitary determination on the dwelling are all that is required.<br /> <br /> Should a replacement property be located in another state, advise the Right of Way Section.<br /> <br /> '''(10) Owner Retains and Moves the Acquisition Dwelling'''<br /> <br /> The maximum RHP offer would be computed in the normal manner. <br /> <br /> To qualify for payment, owners who retain, move and reoccupy their house after it has been reestablished as a DS&amp;S dwelling unit must spend the entire amount paid to them for their dwelling and supporting land area '''plus''' an amount equal to their total RHP offer in the moving and reestablishment of the subject dwelling. The costs that could be included in determining if the relocatees actually spent this amount would be (1) the amount &quot;paid&quot; for the house by the relocatees, (2) the cost of a replacement building lot, (3) the cost of moving the house and reestablishing it in a comparable condition as existed prior to the move, and (4) any expenditures necessary to upgrade the dwelling to DS&amp;S standards.<br /> <br /> If the owners relocated their dwelling on the remainder of their residential building lot or on other land they owned prior to the current displacement, they can include the current value of such land as having been spent in the moving and reestablishment of their dwelling. (Review the principles in NOTE B in EPG 236.8.8.3.)<br /> <br /> If the owners relocated their dwelling on the remainder of their residential building lot, use the &quot;after value&quot; of the lot, as shown in the right of way appraisal, in lieu of &quot;the cost of a replacement building lot.&quot; If they relocate the dwelling on other land they owned prior to the current displacement, they can include the current value of an area equal in size to a standard residential building lot in the area. It will normally be necessary to staff appraise the pre-owned replacement site to establish its current value. These appraisals can be reviewed and approved in the district office.<br /> <br /> If the relocatees acquired replacement land on which they reestablished their dwelling that was larger in size than a typical residential building lot in the area, the instructions provided in preceding subparagraph (9), will apply.<br /> <br /> Expenses and costs will be considered in determining the relocatees' overall expenditure in moving and reestablishing their dwelling unit. The value of other labor that was &quot;contributed&quot; can only be included in determining the total expenditure if written approval is obtained from the Right of Way Section.<br /> <br /> To compute a RHP under this circumstance deduct the amount of the relocatees' right of way payment for their dwelling and supporting land from the total &quot;applicable&quot; costs they experienced in moving and reestablishing the dwelling. The relocatee will be entitled to the resulting figure or the amount of the computed rental subsidy, not to exceed $7,200, or the amount they would be entitled to if they were 90-Day owners, whichever is the lesser.<br /> <br /> '''(11) Computations Involving Life Estates and Lessees Qualified as Owners'''<br /> <br /> RHPs for the holders of life estates and long-term lessees who qualify as owners under the Relocation Program (see [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(p)]]), will be for the '''lesser''' of the two following amounts:<br /> <br /> '''A'''. the difference between the '''total''' amount paid by the department for the subject residential property and the confirmed price of the most nearly comparable DS&amp;S replacement dwelling that is for sale in the area, or<br /> <br /> '''B'''. the difference between the portion of the department's payment for the subject property that the relocatee receives and the actual amount paid by such relocatees for a DS&amp;S replacement dwelling. If the relocatees purchase a life estate in the replacement dwelling or a lease with not less than 50 years duration, consider the amount paid for such interest as the purchase price of the replacement dwelling.)<br /> <br /> When completing the RHP Claim Form show preceding Computations A in the first spaces on the first and second lines under the Computations Section and Computation B in the second spaces on the same two lines.<br /> <br /> Relocatees in this category who rent rather than purchase DS&amp;S replacement dwellings are entitled to rental subsidy payments.<br /> <br /> '''(12) Mobile Homes'''<br /> <br /> If the displaced owner of a mobile home qualifies for a RHP covering both the mobile home and supporting land area, compute the maximum payment in the normal manner. If a comparable DS&amp;S mobile home and/or site is not available, it will be necessary to calculate the payment on the basis of the next highest type of dwelling that is available and meets applicable DS&amp;S standards. The unit file must be documented to explain the situation.<br /> <br /> A replacement may not be available for purchase as a unit and it may be necessary to compute the RHP in two parts (1) mobile home, and (2) site, and combine them into one payment, which normally cannot exceed $31,000. When this action becomes necessary, prepare separate Comparison Records for each computation using the appropriate prorated portion of the department's right of way offer in the applicable computation.<br /> <br /> When the mobile home and site are considered separately, the cost of the comparable replacement mobile home may include &quot;tie-down&quot; expense, underpinning, transportation and/or delivery costs, installation costs a comparable hard surface pad if the subject mobile home was sitting on a hard surface pad, utility connections, steps, air conditioning, if the subject mobile home also had an air conditioning unit that was considered to be a part of the real estate and any other &quot;built-in&quot; furniture and/or appliances which were also considered in the subject unit as a part of the real property. Do not include the cost of insurance or sales tax. Sales tax is considered to be a reimbursable incidental closing cost and therefore cannot be considered in determining the cost of the replacement mobile home.<br /> <br /> It is desirable that a replacement site be selected that has utilities available to enable the relocatees to establish their mobile home in a DS&amp;S manner. If sites with utilities are not available, however, it is permissible to select suitable &quot;unimproved&quot; sites and add the cost of providing whichever of the necessary and/or reasonable site preparation costs to the price of the unimproved lot.<br /> <br /> If the RHP covers land only, base the payment offer on the difference between that portion of the department's right of way offer that is chargeable to the mobile home site and the confirmed price of the most nearly comparable replacement site available.<br /> <br /> It is permissible to include money spent in providing necessary utilities to the replacement site as necessary to enable the relocatees to reestablish their mobile home in a DS&amp;S manner, as well as necessary and/or reasonable site preparation costs, when determining the total amount spent by the relocatee in obtaining their replacement mobile home site.<br /> <br /> If a partial acquisition is involved and the most nearly comparable replacement site available is the remainder of the subject parcel or other land in the area owned by relocatee, it is permissible to base the payment offer on the difference between that portion of the department's right of way offer that is chargeable to the subject mobile home site and the current value of the remainder or, if applicable, a portion of the remainder that is comparable in size to the subject site '''plus''' reasonable site preparation and other costs necessary to enable the mobile home to be reestablished in a DS&amp;S manner. <br /> <br /> '''(1) Payment Covers Both Mobile Home and Land'''<br /> <br /> The displaced owner-occupant of a mobile home can be paid a RHP, not to exceed $31,000, covering both the mobile home and the land upon which it is located when:<br /> <br /> :(a) the mobile home has been properly classified as real property and is acquired as such by the department, together with the land upon which it is located,<br /> <br /> :(b) both the mobile home and land upon which it is located have been owned and occupied by the subject relocatee for at least 90 consecutive days prior to the initiation of negotiations for such property, and<br /> <br /> :(c) all other eligibility requirements as outlined in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2]], have been met. The RHP will be computed in the same manner as if a conventional dwelling was involved.<br /> <br /> '''(2) Payment Covers Mobile Home Only'''<br /> <br /> The displaced owner-occupant of a mobile home which is located on land belonging to another party can be paid a RHP covering the mobile home, but not the land upon which it is located when:<br /> <br /> :(a) the mobile home has been determined to be real property and is acquired by the department as such,<br /> <br /> :(b) the owner has owned and occupied the mobile home while located '''on the site''' from which it is being displaced for the required 90-Day period, and<br /> <br /> :(c) all other eligibility requirements as outlined in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2]], have been met.<br /> <br /> '''NOTE''': The owner of the mobile home could also be paid the equivalent to a rental subsidy payment covering the site as discussed in [[236.8 Relocation Assistance Program#236.8.11.2 Payment Eligibility Requirements|EPG 236.8.11.2(g)(1)]], if they meet the eligibility requirements for the separate payments involved. (The total RHP, including the portions relating to both the mobile home and site, cannot normally exceed $31,000.)<br /> <br /> '''(3) Payment Covers Land Only (Mobile Home Site)'''<br /> <br /> The displaced owner-occupant of a mobile home can be paid a RHP covering the land upon which the mobile home is located when:<br /> <br /> :(a) the mobile home was not considered to be a part of the real property and was not acquired as such by the department,<br /> <br /> :(b) the mobile home was occupied by the relocatee on land he/she also owned (subject site) for at least 90 consecutive days prior to the initiation of negotiations for such land, and<br /> <br /> :(c) all other eligibility requirements as outlined in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2]], have been met.<br /> <br /> '''(4) Mobile Home is Personal Property and Does Not Meet Decent, Safe and Sanitary Standards'''<br /> <br /> The procedures discussed in this subparagraph are applicable when, and only when, the subject mobile home is (1) owner-occupied, and (2) does not meet decent, safe and sanitary standards under the conditions discussed in the following paragraph.<br /> <br /> The subject mobile home will be non-decent, safe and sanitary if it does not meet the standards set out in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions |EPG 236.8.1.3(j)]], that relate to mobile homes '''and''' could not reasonably be expected to do so after being moved to a suitable replacement site. The policies discussed herein do not apply when a mobile home fails to meet decent, safe and sanitary standards for the sole reason that it is not properly tied down.<br /> <br /> All relocation payments discussed in this subparagraph are subject to the maximum amounts authorized for the type of payment involved. If a decent, safe and sanitary replacement dwelling cannot be made available to the displaced owner-occupant under the procedures provided herein, it will be necessary to work out a solution under the Last Resort Housing Program.<br /> <br /> The policies discussed herein are applicable when the non-decent, safe and sanitary unit is a travel trailer or a motorized unit. If the owner-occupant is entitled to a payment based on the cost of a replacement unit, the replacement unit used in computing the applicable RHP should normally be a mobile home, not a replacement travel trailer or motorized unit, which provides comparable or better living space as that contained in the subject unit. The trade-in value used in computing the payment will be the '''total''' trade-in value of the subject unit.<br /> <br /> The phrase &quot;90-Day occupants&quot; as used in this subparagraph (and in following subparagraphs 5 and 6) relates to relocatees who own non-decent, safe and sanitary mobile homes, as personal property which they occupied on the site from which they are being displaced for at least 90 consecutive days prior to the initiation of negotiations for the subject site. <br /> <br /> The procedure to use in computing RHPs relating to non-decent, safe and sanitary mobile homes depends on whether or not it is reasonable and practical to rehabilitate the mobile home by correcting the decent, safe and sanitary deficiencies involved.<br /> <br /> Relocatees who receive RHPs relating to non-decent, safe and sanitary mobile homes are also entitled to the routine replacement housing or a rental subsidy payment due to being displaced from the site upon which the subject mobile home is located. The combined payments cannot exceed either (1) the maximum relocation payment available for the type occupancy involved (long-term owner $31,000 or short-term owner $7,200).<br /> <br /> In cases where the RHP is based on rehabilitation costs, the relocatee is entitled to a moving cost payment.<br /> <br /> The Eligibility Notices discussed in [[236.8 Relocation Assistance Program#236.8.3.3 Eligibility Notice at Initiation of Negotiations|EPG 236.8.3.3]], will not normally be applicable under the procedure discussed in this subparagraph. It will be necessary to compose a carefully written eligibility notice to fit the circumstance involved.<br /> <br /> The following paragraphs provide procedures for computing payments under the various combinations of circumstances that will be encountered. <br /> <br /> '''A. 90-Day Owner-Occupants - Also Own Subject Site'''<br /> <br /> '''Procedure 1: Rehabilitation of Mobile Home is Practical'''<br /> <br /> If it is less expensive to rehabilitate the subject mobile home, apply the following procedure when computing the relocatees' RHP offer and in computing the actual amount they are entitled to be paid.<br /> <br /> '''Step One''': Obtain two bids from qualified bidders for correcting the DS&amp;S deficiencies that exist in the subject mobile home.<br /> <br /> '''Step Two''': Compute a RHP offer as if the mobile home was not involved.<br /> <br /> '''Step Three''': Determine the relocatees' total RHP offer by adding the lowest bid from Step One to the amount arrived at in Step Two. The resulting total, which will not normally exceed $31,000, will be the relocatees' RHP offer and is the maximum amount they can be paid under this procedure.<br /> <br /> When determining the actual RHP that the relocatee is entitled to receive, take the following additional steps:<br /> <br /> '''Step Four''': Establish the difference between the department's actual payment to the relocatees for the subject site and the actual amount the relocatee paid for a replacement site.<br /> <br /> '''Step Five''': Determine the actual (documented) amount that the relocatee spent in correcting the DS&amp;S deficiencies that existed in the subject mobile home.<br /> <br /> '''Step Six''': Add the '''lesser''' of the amounts established in Steps Two and Four to either (1) the amount established in Step Five, '''or''' (2) to the lowest bid price obtained in Step One, '''whichever is the lesser'''. The resulting total (not to exceed $31,000) is the actual amount that the relocatee can be paid as a RHP.<br /> <br /> The relocatees would also be entitled to reimbursement for their incidental closing and increased interest costs relating to the purchase of the replacement site. (Should the addition of these costs to the payment determination in Step Six cause the total to exceed $31,000, proceed under the provisions for last resort housing payments.)<br /> <br /> If the relocatees rent a DS&amp;S replacement mobile home and site or a conventional dwelling instead of correcting the deficiencies in the subject mobile home, they can be paid a rental subsidy payment equal to the '''lesser''' of the following amounts:<br /> <br /> :1. $7,200 maximum rental subsidy payment, or<br /> <br /> :2. 42 times the difference between the monthly economic rental fee that is applicable to the subject mobile home and site and the monthly fee charged for the most nearly comparable replacement that is available for rent, or<br /> <br /> :3. 42 times the difference between the monthly economic rental fee that is applicable to the subject mobile home and site and the actual monthly rental fee they pay for their replacement mobile home and site, or conventional dwelling unit, or<br /> <br /> :4. 42 times the difference between the monthly economic rental fee applicable to the subject site only and the monthly rental fee charged for the most nearly comparable replacement site available '''plus''' an amount equal to the lowest bid received for correcting the decent, safe and sanitary deficiencies in the subject mobile home, or<br /> <br /> :5. 42 times the monthly economic rental fee that is applicable to the subject site and the actual rental fee being paid for the replacement mobile home site actually occupied by the relocatees '''plus''' an amount equal to the lowest bid received for correcting the decent, safe and sanitary deficiencies in the subject mobile home.<br /> <br /> In each of the preceding situations the subject mobile home remains the property of the relocatees and they can keep or dispose of it as they see fit. They will be entitled to an actual moving cost payment for moving their mobile home up to 50 miles.<br /> <br /> '''Procedure 2: Rehabilitation of Mobile Home Not Practical'''<br /> <br /> When it is more costly to rehabilitate the mobile home by correcting its decent, safe and sanitary deficiencies than to apply the following payment procedure, compute the relocatees' RHP offer by deducting the trade-in value of the mobile home '''and''' the right of way offer for the site from the amount necessary to purchase the most nearly comparable DS&amp;S mobile home and site available, or, in the absence of an available mobile home and site, from the amount necessary to purchase a DS&amp;S conventional replacement dwelling. When searching for an available DS&amp;S mobile home and site, it is not necessary that the replacement mobile home be situated on the replacement site at the time they are selected for use in computing the payment offer, as long as it is practical for the relocatees to locate the selected mobile home on the selected site in a DS&amp;S manner.<br /> <br /> To be eligible for the entire computed offer, the relocatees must purchase both a DS&amp;S dwelling unit and site within the applicable one-year period, at a cost equal to or exceeding the price of the selected comparable. Should the combined costs of their replacement dwelling and site be less than the required amount, their RHP must be reduced accordingly.<br /> <br /> If the relocatees locate their DS&amp;S mobile home on other land they owned prior to the current displacement, consider the current fair market value of such land, not to exceed an area equal in size to a standard residential building lot in the area, as having been spent in obtaining a replacement site. EPG 236.8.8.3(a)(l0) provides additional information relating to the procedure for valuing the portion of the relocatees' previously owned land that is used as a replacement site.<br /> <br /> The &quot;trade-in value&quot; to be used in the computations is the documented amount determined by the District as the '''in-place''' trade-in value of the subject mobile home in the purchase of a comparable DS&amp;S replacement mobile home '''delivered to''' and '''&quot;set up&quot;''' on a replacement site in the area. <br /> <br /> The relocatees would not be required to actually trade-in the subject mobile home if they prefer to keep it; however, their decision to retain it does not change the requirement that they must spend an amount equal to or exceeding the confirmed price of the selected comparable on the purchase of the DS&amp;S replacement dwelling that they occupy after displacement.<br /> <br /> If the relocatees desire to purchase a DS&amp;S replacement mobile home and rent a replacement site, compute a RHP offer based on the mobile home only and a rental subsidy payment offer covering the site. The combined totals of the two payments cannot exceed $31,000. The RHP offer would be the difference between the cost of a comparable DS&amp;S replacement mobile home and the trade-in value of the subject mobile home. In this case the right of way offer for the subject site would not be a factor in computing the RHP offer. To be eligible for the entire computed RHP offer (not to exceed $31,000), the relocatees must spend an amount, in the purchase of their replacement mobile home, that is equal to or exceeds the confirmed price of the selected comparable mobile home. To be eligible for the entire rental subsidy payment offer they must pay a monthly rental fee for the replacement site that is equal to or exceeds the amount necessary to rent a comparable site.<br /> <br /> The relocatees will be entitled to a routine incidental closing cost and/or increased interest payment relating to the replacement mobile home. In addition, they could receive a moving cost payment covering the reasonable cost of relocating any personal property '''other than''' the cost of relocating the subject mobile home. If they select the fixed-payment option, their payment will be based on Subschedule A that is discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(c)]].<br /> <br /> The mobile home remains the property of the relocatee; however, reoccupying by them at a new location after displacement will normally eliminate payment eligibility under the policy outlined in this subparagraph.<br /> <br /> Should the relocatees elect to rent a replacement in lieu of purchasing, compute a rental subsidy payment based on a comparable DS&amp;S dwelling unit. In this case the relocatees would be entitled to a moving cost payment for the actual cost of moving their mobile home.<br /> <br /> '''B. 90-Day Owner-Occupant of Mobile Home Located on Rented Site'''<br /> <br /> The general principles discussed in the preceding paragraphs also apply when the subject mobile home is located on a rented site.<br /> <br /> '''Procedure 1: Rehabilitation of Mobile Home is Practical'''<br /> <br /> Under this circumstance the relocatees are entitled to a RHP based on either (1) the lowest of at least two bids from qualified bidders for correcting the decent, safe and sanitary deficiencies in the subject mobile home, or (2) the actual amount spent by the relocatees in correcting such deficiencies, whichever is the lesser. They are also entitled to a routine rental subsidy payment covering the rented site. The combined total of the two payments cannot exceed $31,000.<br /> <br /> Should the relocatees purchase and occupy a DS&amp;S replacement mobile home in lieu of correcting the deficiencies in the subject mobile home, they can be paid a RHP based on (1) the difference between the trade-in value of the subject mobile home and the confirmed price of a comparable DS&amp;S replacement mobile home, '''or''' (2) the difference between the trade-in value and the amount they paid for the replacement unit actually purchased, whichever is the lesser; '''however''', such payment '''cannot''' exceed the lowest bid for correcting the DS&amp;S deficiencies in the subject unit. They would also be entitled to their rental subsidy payment covering a replacement site.<br /> <br /> If they purchase a replacement mobile home and site or conventional dwelling in lieu of correcting the DS&amp;S deficiencies in the subject unit, they would be eligible for a RHP not to exceed $31,000. They could be paid an amount equal to the lesser of the following two amounts: (1) the computed rental subsidy plus incidental cost plus the computed RHP, or (2) the amount they actually pay including incidentals on their replacement dwelling.<br /> <br /> If the relocatees rent a dwelling (in lieu of correcting the deficiencies in the subject unit), they can be paid a rental subsidy payment, based on both the mobile home and site, not to exceed $7,200.<br /> <br /> '''Procedure 2: Rehabilitation of Mobile Home Not Practical'''<br /> <br /> Compute a RHP offer by deducting the trade-in value of the mobile home from the amount necessary to purchase a comparable DS&amp;S mobile home and a rental subsidy or payment covering the site. The combined total of the two payments cannot exceed $31,000.<br /> <br /> Should the relocatees purchase both a replacement mobile home and site, they can claim a RHP relating to the mobile home and the site. Under this circumstance they must spend an amount equal to or exceeding the computed amount necessary to purchase a comparable DS&amp;S replacement mobile home and make a down payment on the site equal to the computed rental subsidy. Should they purchase a conventional dwelling as a replacement, instead of a replacement mobile home, they must spend an amount equal to or exceeding the amount determined necessary to purchase a comparable DS&amp;S replacement mobile home and make a down payment on it equal to or exceeding the computed rental subsidy amount.<br /> <br /> The relocatees would be entitled to a routine incidental closing cost payment covering the purchase of their replacement dwelling. They would also be eligible for an increased interest payment '''if''' the subject mobile home was encumbered with an eligible mortgage. '''NOTE''': The combined RHP in the latter two situations cannot exceed the lesser of (1) $31,000, or (2) the difference between the trade-in price for the displacement mobile home and the total purchase prices of the replacement mobile home '''and''' site, or the purchase price of the conventional replacement dwelling.<br /> <br /> If the relocatees rent a DS&amp;S replacement dwelling unit in lieu of purchasing, they are entitled to one rental subsidy payment (not to exceed $7,200) based on a DS&amp;S replacement mobile home and site, or if more nearly comparable, on a conventional dwelling unit.<br /> <br /> If the relocatees purchase a replacement mobile home or conventional dwelling, they can be paid a moving cost payment covering the reasonable cost of relocating any personal property involved '''other than''' the cost of relocating the subject mobile home. If they elect the fixed-payment option, their payment will normally be based on Subsection A that is discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(c)]]. (If the relocatees rent a replacement in lieu of purchasing, they will be entitled to an actual moving cost payment for moving their mobile home. <br /> <br /> In each case the mobile home remains the property of the relocatee.<br /> <br /> '''Procedure 3: Rehabilitation of Mobile Home is Practical'''<br /> <br /> Compute a rental subsidy payment offer covering the '''site'''. (The mobile home itself is not involved in the computations relating to the site.) (If they purchase their replacement site, their eligible incidental closing costs will be in addition to the computed amount applied as a down payment.)<br /> <br /> '''In addition''' to the payment discussed in the preceding paragraph, the relocatees are also entitled to a payment based on the cost of rehabilitating the subject mobile home, either (1) the lowest of at least two bids received from qualified bidders for correcting the decent, safe and sanitary deficiencies in the mobile home, or (2) the documented amount that they actually spend in correcting the deficiencies, whichever is the lesser. The combined payment rental subsidy plus rehabilitation costs, cannot exceed $7,200.<br /> <br /> Should the relocatees purchase a replacement mobile home instead of rehabilitating the subject unit, they would be eligible for their rental subsidy payment covering the site plus an amount equal to '''the lesser of''': (1) the lowest bid received from at least two qualified bidders for correcting the DS&amp;S deficiencies in the subject unit, or (2) a rental payment. The total combined RHP cannot exceed $7,200.<br /> <br /> If the relocatees purchase a conventional dwelling in lieu of rehabilitating the subject unit, they will be entitled to a payment not to exceed the rental subsidy, not to exceed $7,200. They would also be entitled to a moving cost payment for moving the subject mobile home.<br /> <br /> If the relocatees rent a DS&amp;S replacement mobile home and site or a conventional dwelling instead of correcting the deficiencies in the subject mobile home, they can be paid a rental subsidy payment computed in the same manner discussed in Procedure 1 under the previous heading &quot;90-Day Owner-Occupants, Also Owns Subject Site&quot; that applies when 90-Day occupants rent their replacement in lieu of rehabilitating their subject mobile home. <br /> <br /> '''Procedure 4: Rehabilitation of Mobile Home Not Practical'''<br /> <br /> Relocatees are entitled to (1) a down payment not to exceed the computed rental subsidy based on the purchase of a DS&amp;S replacement mobile home and site (or conventional dwelling), or (2) if they prefer, a routine rental subsidy payment based on the monthly rental fee of a DS&amp;S replacement mobile home and site, or (3) a rental subsidy payment based on the mobile home and a rental subsidy payment based on the site; HOWEVER, no payment or combination of payments can exceed $7,200.<br /> <br /> '''C. Occupants With Less Than 90-Day Occupancy'''<br /> <br /> Mobile home owners who occupied the subject site for less than 90 consecutive days prior to the initiation of negotiations are not normally eligible for RHP; however, if they are in occupancy at the initiation of negotiations for the site or at the time the department acquires the subject site, they will be eligible for moving costs and it is necessary that comparable DS&amp;S replacement housing be made available to them that is within their financial means before they can be forced to move from the subject property. Any RHP necessary to enable relocatees in this category to occupy comparable DS&amp;S replacement housing must be paid under the last resort housing provisions.<br /> <br /> Decent, safe and sanitary replacement housing will be considered as being available to such relocatees if:<br /> <br /> :(1) a DS&amp;S mobile home is available which they can trade for (or buy outright) without placing them in financial difficulty considering the trade-in value of the subject mobile home, value of the subject site - if they own the site and the cost of a DS&amp;S replacement mobile home.<br /> <br /> :(2) a DS&amp;S rental unit, either a mobile home and site or a conventional dwelling unit, is available for a monthly rental fee that does not exceed 30% of the combined gross monthly income of the relocatees' family, or<br /> <br /> :(3) a DS&amp;S conventional dwelling is available for purchase with a down payment (conventional or otherwise) that does not exceed their equity in their existing mobile home and site.<br /> <br /> If it is determined that DS&amp;S replacement housing is available, so advise the relocatees and document the unit file accordingly. (If it is not available, it will be necessary to work out a solution under the Last Resort Housing Program.)<br /> <br /> '''(5) Mobile Home is Personal Property - Cannot be Moved Without Substantial Damage'''<br /> <br /> The general principles and specific policies outlined in preceding Section 236.8.8.3(a)(12)(4), which relate to situations in which it is not practical to rehabilitate the subject mobile home also apply when a mobile home is declared personal property and cannot be relocated without substantial damage or unreasonable cost '''except''', when a RHP is involved, the &quot;salvage value&quot; of the subject mobile home will be used in computing the payment instead of &quot;trade-in value.&quot; (The &quot;salvage value&quot; of the subject mobile home is the highest bid or purchase commitment that can be obtained for it if sold in place with full knowledge that it must be removed from the site at the buyer's cost.)<br /> <br /> When the policy in this subparagraph is applied, the unit file must be documented that the subject mobile home could not be moved without substantial damage.<br /> <br /> '''(6) Mobile Home is Personal Property - Does Not Meet Replacement Mobile Home Park Entrance Requirements'''<br /> <br /> The procedures discussed in this subparagraph are applicable when (1) a DS&amp;S displaced mobile home that has been classified as personal property is owner-occupied, and (2) the '''only''' comparable replacement mobile home sites available are in mobile home parks that will not accept the subject mobile home because it does not meet those parks entrance requirements.<br /> <br /> Should the relocatees move their mobile home to a replacement site of their choosing without the necessity for rehabilitating it, they will not be eligible for the mobile home RHP discussed in this subparagraph.<br /> <br /> '''NOTE''': Review preceding EPG 236.8.8.3(a)(12)(4) in its entirety as the general principles and definitions provided therein are applicable under the conditions discussed in this subparagraph.<br /> <br /> Relocatees who are entitled to a RHP based on the cost of a replacement mobile home ('''not''' on rehabilitation costs) are also normally entitled to reimbursement of their eligible incidental closing costs if they purchase a DS&amp;S replacement unit and, if they are an otherwise eligible 90-Day occupant, they can be paid an increased interest payment based on the mobile home mortgages.<br /> <br /> '''A. 90-Day Owner - Occupant of Mobile Home Located on Rented Site'''<br /> <br /> An eligible 90-Day mobile home owner-occupant in this category can be paid a RHP consisting of a RHP based on the mobile home and a rental subsidy covering the site on which the unit is located, the combined totals of which cannot exceed $31,000.<br /> <br /> If it is less expensive to rehabilitate the subject mobile home to make it admissible in a comparable replacement mobile home park, the relocatees' RHP will be equal to either (1) the lesser of two bids received from qualified bidders to accomplish the rehabilitation, or (2) the documented amount the relocatee actually spends in accomplishing the rehabilitation, whichever is the lesser.<br /> <br /> If rehabilitation is not practical, compute the relocatees' RHP offer by deducting the trade-in value of the subject mobile home from the amount necessary to purchase a comparable DS&amp;S mobile home that is acceptable in the replacement mobile home park. The relocatees' actual payment relating to the mobile home will be for the amount of the offer, or for an amount equal to the difference between the trade-in value and the amount actually spent by the relocatee in purchasing a DS&amp;S replacement mobile home that is acceptable in the available park or a conventional dwelling, whichever amount is the lesser.<br /> <br /> If relocatees who are eligible for a payment based on rehabilitation costs purchase a DS&amp;S replacement in lieu of rehabilitating the subject unit, their RHP will be for either (1) the lowest rehabilitation cost bid, or (2) the difference between the trade-in value of their existing unit and the actual price they pay for the replacement, whichever amount is the lesser. (In this case they would not be entitled to closing costs or an increased interest payment covering the replacement mobile home purchase.) If the relocatees purchase both a replacement mobile home and site, their total RHP cannot exceed the lesser of (1) $31,000, or (2) the difference between the acquisition price paid by the department for the Displacement mobile home and the total (combined) purchase prices of the replacement mobile home '''and''' site, or if applicable, the purchase price of a conventional replacement dwelling.<br /> <br /> If relocatees, whose RHP relating to their mobile home was based on rehabilitation costs, elect to rent a replacement rather than rehabilitate their existing unit, they can do so and be paid a rental subsidy payment based on the rental fee of a DS&amp;S replacement mobile home, that would meet the mobile home park entrance requirements and a site comparable to the subject site, or if necessary, on the rental fee of a conventional replacement dwelling.<br /> <br /> Their total rental subsidy payment would be the '''lesser''' of the following amounts: <br /> <br /> (1) 42 times the difference between the monthly economic rental fee that is applicable to the subject mobile home and site and the monthly rental fee charged for the most nearly comparable replacement mobile home and site, or conventional dwelling, that is available for rent, <br /> <br /> (2) 42 times the difference between the monthly economic rental fee that is applicable to the subject mobile home and site and the monthly rental fee of the replacement that they actually rent, <br /> <br /> (3) 42 times the difference between the monthly rental fee being paid for the subject '''site''' and the monthly rental fee of the most nearly comparable replacement site that is available for rent '''plus''' the lowest of the rehabilitation cost bids, or <br /> <br /> (4) $7,200.<br /> <br /> If the relocatees' RHP relating to the mobile home was based on the cost of a replacement mobile home, they can be paid a rental subsidy payment covering both the mobile home and site. The one rental subsidy payment not to exceed $7,200 would be computed in the routine manner using the monthly economical rental fee that is applicable to the subject mobile home and site. (In determining the economic rent applicable to the subject mobile home and site it is normally desirable to combine the actual existing site rental and the economic fee applicable to the mobile home.)<br /> <br /> Relocatees who rent rather than rehabilitate or purchase a replacement are entitled to a routine moving cost payment.<br /> <br /> '''NOTE''': Should the relocatees elect to use their rental subsidy as a down payment to replace the subject rented site, they will not normally be eligible for a RHP under the provisions of this subparagraph as they would not normally be required to meet any entrance requirements to relocate their mobile home on a replacement site that they own. (An exception could exist if (1) no replacement sites are available for rent, (2) the only replacement site available for purchase is in a mobile home park that sells sites, and (3) the subject mobile home does not meet the entrance requirements of the park that sells sites.)<br /> <br /> '''B. 90-Day Owner-Occupant - Also Owns Subject Site'''<br /> <br /> If the relocatees in this category own both the mobile home (personal property) and the site upon which it is located, they would not normally be eligible for the RHP discussed in this subparagraph.<br /> <br /> Two exceptions under which the relocatees could qualify for the type of mobile home RHP discussed in this subparagraph are:<br /> <br /> '''Exception One''': The only comparable DS&amp;S replacement mobile home sites available for purchase are located in mobile home parks that '''sell''' sites and the subject mobile home does not meet those park's entrance requirements.<br /> <br /> '''Exception Two''': All three of the following conditions exist: (a) a comparable replacement site is not available for purchase, (b) the relocatees are agreeable to renting a replacement site, and (c) the only comparable replacement rental site available is in a mobile home park that will not accept the relocatees' mobile home because it does not meet the park's entrance requirements. Under the first exception the relocatees could be paid two separate RHPs: one payment covering the site and the other covering the mobile home, under the specific policies, procedures and limitations set out in this subparagraph. (The combined total of the two payments cannot exceed $31,000.) Under the second exception the relocatees could be paid a routine rental subsidy payment covering the site and a RHP under the provisions of this subparagraph not to exceed a combined total of $31,000.<br /> <br /> '''C. Owner-Occupants With Less Than 90-Day Occupancy'''<br /> <br /> Mobile home owners who occupied the subject site for less than 90 consecutive days prior to the initiation of negotiations for such site are not eligible for payment under the policies discussed in this subparagraph; however, if they are in occupancy at the initiation of negotiations for the site or at the time the department acquires the subject site, they will be eligible for moving costs and it is necessary that comparable DS&amp;S replacement housing be made available to them that is within their financial means before they can be forced to move from the subject property. (Any RHP necessary to enable relocatees in this category to occupy comparable DS&amp;S replacement housing must be paid under the last resort housing provision).<br /> <br /> Decent, safe and sanitary replacement housing will be considered as being available to the relocatees if (1) a replacement mobile home site is available that will enable the relocatees to reestablish their mobile home in a comparable decent, safe and sanitary manner '''provided''' that such site can be rented for a monthly rental fee that does not exceed 30% of the combined gross monthly income (if they are considered “low income”) of the relocatees' family, (2) an adequate replacement mobile home site is available for purchase that is within the relocatees' financial means, (3) a conventional DS&amp;S rental dwelling unit, or an established mobile home, is available for a monthly fee that does not exceed 30% of the relocatees' gross monthly income (if they are considered “low income”), (4) the relocatees are financially able to trade for (or buy outright) a mobile home that is acceptable in the replacement mobile home park which will not accept the subject unit, and (5) a DS&amp;S conventional dwelling is available for purchase that is within the relocatees' financial means and which they can buy with a down payment that does not exceed their equity in the existing mobile home. (If it is determined that DS&amp;S replacement housing is available to the relocatees, a memo must be placed in the unit file to explain the decision.)<br /> <br /> If it is determined that DS&amp;S replacement housing is available, advise the relocatee and document the unit file accordingly. If it is not available, it will be necessary to work out a solution under the Last Resort Housing Program.<br /> <br /> '''(13) Subject Dwelling Owned in Partnership Between Occupants and Non-occupants'''<br /> <br /> Eligible occupants who own the subject dwelling in partnership with other parties who are not occupants will be entitled to a RHP equal to the '''lesser''' of the following amounts:<br /> <br /> '''Computation A''': The difference between the '''total''' amount paid for the subject residential property and the price of the most nearly comparable DS&amp;S replacement dwelling.<br /> <br /> '''Computation B''': The difference between the portion of the payment for the subject residential property that the relocatees receive and the actual amount paid '''by such relocatees''' for a DS&amp;S replacement dwelling. If the relocatees purchase the replacement in partnership with other parties who were not in occupancy of the subject do '''not''' consider any portion of the replacement purchase price that was paid by the other parties.<br /> <br /> When completing the RHP Claim Form show preceding Computations A in the first spaces on the first and second lines under the Computations Section of the form and Computations B in the second spaces on the same two lines.<br /> <br /> Should two or more eligible individuals and/or families occupy the subject single-family dwelling, combine the applicable instructions in this subparagraph with those provided in EPG 236.8.8.3(a)(7).<br /> <br /> '''NOTE''': Partial owner-occupants who cannot secure financing or who cannot afford to purchase comparable replacement housing can be treated as tenants and receive a rental subsidy payment instead of a RHP.<br /> <br /> '''(14) Relocatee Purchases Replacement in Partnership With Other Parties'''<br /> <br /> When eligible displaced owner-occupants purchase their replacement dwelling in partnership with other parties, as discussed in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2(h)]], compute their payment by using a Replacement Housing Claim Form in the following manner:<br /> <br /> '''Step 1''': Complete the form as discussed in [[236.8 Relocation Assistance Program#236.8.8.4 RHP Claims|EPG 236.8.8.4]], down to the &quot;Computations&quot; section.<br /> <br /> '''Step 2''': Ascertain the percent of ownership that the relocatees acquired in the replacement property.<br /> <br /> '''Step 3''': Apply the percentage figure arrived at in Step 2 above to the total amount paid for the replacement property to determine the portion of such payment that was the relocatees' obligation to pay.<br /> <br /> '''Step 4''': Insert the amount arrived at in Step 3 in the second space on the first line under the &quot;Computations&quot; section on the form. (This action will reflect the subject relocatees' &quot;actual cost&quot; as being the amount arrived at in Step 3.)<br /> <br /> '''Step 5''': Complete the balance of the form in the routine manner '''unless''' an increased interest payment or incidental closing costs are involved. If incidental closing costs are involved, adjust the total incidental cost figure (tenth line under &quot;Computations&quot;) to include only the portion of such costs, which would have been the subject relocatees' obligation to pay. (Apply the same percentage figure arrived at in Step 2 above to the total incidental closing cost figure to determine the relocatees' portion of such closing costs.) If the relocatee is also entitled to an increased interest payment, see [[236.8 Relocation Assistance Program#236.8.10.3 Payment Computations|EPG 236.8.10.3(e)(15)]], for instructions concerning the amount to include in the claim form as the applicable increased interest payment amount.<br /> <br /> Make any notations on the back of the claim form that are necessary to clarify the amounts included therein.<br /> <br /> The unit file must be documented to reflect and support the above computations. (Also see [[236.8 Relocation Assistance Program#236.8.1.5 Ownership Qualifications|EPG 236.8.1.5(f)]].)<br /> <br /> '''(15) Insurance Proceeds From Catastrophic Occurrence'''<br /> <br /> The amount of any insurance proceeds received by a relocatee in connection with a loss to the displacement dwelling such as a fire, flood or wind storm shall be added to the department's right of way offer and to the right of way payment for the dwelling when computing the RHP offer and payment. Insurance proceeds from the loss of contents within the dwelling are '''not''' to be included in the RHP computations.<br /> <br /> '''(a) Replacement Housing Comparison Record (RA Form 236.8.8.3(b).)'''<br /> <br /> '''(1) When Prepared'''<br /> <br /> The district must make eligible owner-occupants a written RHP offer at the initiation of negotiations. A Replacement Housing Comparison Record (RA Form 236.8.8.3(b) will be used in establishing this offer).<br /> <br /> The Replacement Housing Comparison Record should be completed during the period that the appraisals of a parcel are being reviewed so that negotiations can be initiated immediately after an approved negotiating figure is received. The normal procedure is to complete all of the Replacement Housing Comparison Record for a property during the appraisal review period '''except''' the line designated &quot;Department's Offer Before Value For Subject Residential Property&quot; which can be quickly completed upon receipt of the approved negotiating figure.<br /> <br /> If the Comparison Record is completed prior to the time an approved negotiating figure is received, as discussed in the preceding paragraph, it will be necessary to use the negotiating figure recommended by the district in computing the RHP offer. When this procedure is used, it is essential that the recommended negotiating figure used in the computations be compared with the approved negotiating figure. If they differ, the Replacement Housing Comparison Record '''must''' be revised using the approved negotiating figure.<br /> &lt;div id=&quot;(2) Selection of&quot;&gt;&lt;/div&gt;<br /> '''(2) Selection of &quot;Comparables&quot;'''<br /> <br /> In every case, the comparables used in the Replacement Housing Comparison Record must:<br /> <br /> :A. Be currently available for purchase on the market.<br /> <br /> :B. Meet decent, safe and sanitary requirements.<br /> <br /> :C. Meet the definition of &quot;Comparable Replacement Dwelling&quot; as set out in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(i)]].<br /> <br /> :D. Be the three dwellings that are most '''nearly''' &quot;comparable&quot; to the subject than any other available properties that meet the above requirements. The relocatees' choice of replacement housing and/or areas in which they desire to relocate are '''not''' factors in selecting the comparables to be used in the Replacement Housing Comparison Record.<br /> <br /> Comparables must be &quot;functionally equivalent&quot; to the displacement dwelling with particular attention to the number of rooms and gross living space. The comparable selected for use in computing the relocatees' RHP offer should be the available DS&amp;S dwelling that is most comparable in all ways to the displacement dwelling. Gross living space is based on outside measurements excluding garages and unfinished areas.<br /> <br /> To be functionally equivalent, the comparable must perform the same primary functions as the displacement dwelling and enable the relocatees to maintain the same lifestyle as before displacement. For example, if the relocatees had sleeping accommodations for themselves and two separate house guests in the displacement dwelling, they must have the same capabilities in the comparable replacement dwelling.<br /> <br /> It is desirable that the comparable replacement be physically similar to the subject in regard to age, type construction, room arrangement, specialized furnishings or minor attributes, so long as it '''is''' functionally equivalent. For example, if a displacement dwelling contains a garage which is used as a laundry room, a comparable replacement dwelling with sufficient space to perform the same function meets the comparability requirement.<br /> <br /> A reduction in the number of rooms or living area in a selected comparable as compared to the displacement dwelling is not normally authorized. An exception may exist, with concurrence from the Right of Way Section, if a relocatee specifically requests a smaller unit. Only in unusual circumstances may a comparable replacement dwelling contain fewer rooms or living area than the displacement dwelling. Such may be authorized when a DS&amp;S comparable replacement dwelling, which is adequate to meet the needs of the relocatees, is found to be &quot;functionally equivalent&quot; to a larger but very run-down substandard displacement dwelling.<br /> <br /> When mobile homes are involved use outside dimensions when computing square footages, both in the subject and comparables.<br /> <br /> To the extent feasible, comparable replacement dwellings must be selected from the neighborhood in which the displacement dwelling was located or, if that is not possible, in nearby or similar neighborhoods where housing costs are generally the same or higher.<br /> <br /> A comparable replacement site should include normal site improvements, including customary landscaping but need not include major exterior attributes such as outbuildings, swimming pools and greenhouses. Should a selected comparable lack customary landscaping, it is permissible to add the reasonable cost of providing it to the price of the comparable. Landscaping costs should be based on the price of normal-sized balled nursery stock, not on the price of large and/or mature-sized plantings. The cost of providing grassed lawns should be based on seeding the area.<br /> <br /> The most nearly comparable DS&amp;S replacement available will be used in computing the RHP '''unless''' it is not adequate to accommodate the relocatees, in which case, the most nearly comparable DS&amp;S replacement available that is adequate to meet their needs will be selected and used in computing the payment.<br /> <br /> The most common reasons for disqualifying a comparable replacement due to its inability to accommodate the relocatees will be (1) an inadequate number of bedrooms to enable family members (other than infants and small children) to be separated according to sex, (2) an inadequate number of bedrooms to avoid &quot;overcrowding&quot; and (3) an inability to meet the specific needs of aged and/or permanently disabled relocatees.<br /> <br /> Any qualified member of the right of way staff can select comparable replacement housing. There is a space on the Replacement Housing Comparison Record for the district Right of Way Manager to concur in the selection of the comparable replacement dwelling. At least two people must agree on the selection. Should the district Right of Way Manager complete and execute the Comparison Record, the district engineer will sign the concurrence space.<br /> <br /> The staff member who selects the &quot;comparables&quot; and completes the Replacement Housing Comparison Record must have access to listings of available replacement housing in the area and '''must''' not be influenced in the selection of such comparables. The district Right of Way Manager can reject the individual's selection of comparables and select others, with justification in writing, but cannot direct the staff member to select comparables of the district Right of Way Manager’s choosing.<br /> <br /> The individual who selects the &quot;comparables&quot; must also be provided a copy of the relocatees' &quot;Relocatee Needs Questionnaire,&quot; so he/she will be aware of the relocatees' needs and therefore be in position to select comparables that are &quot;adequate to accommodate the relocatee.&quot;<br /> <br /> It is also necessary that the individual who selects the comparables always conduct an outside inspection of the dwelling that is being acquired by the department. An interior inspection will not be required '''if''' the right of way appraisal includes both a plat and a description of the interior of the dwelling. The exterior of comparable replacement housing used in computing RHPs and the neighborhood in which they are located, must always be visually inspected by the individual who selects the comparables. An interior inspection is not required when reliable information is available regarding the interior.<br /> <br /> Although the price of potential replacement housing is not a factor in selecting comparables, overpriced dwellings should be ignored.<br /> <br /> Housing that is scheduled for future demolition should never be used as comparables on a Replacement Housing Comparison Record.<br /> <br /> A Replacement Housing Comparison Record, once completed for a subject property, should not be revised or replaced unless:<br /> <br /> :A. An actual error was made in completing the original comparison record.<br /> <br /> :B. The situation discussed in EPG 236.8.8.3(c)(4), exists.<br /> <br /> :C. A new study is necessary as the result of an administrative review as discussed in [[236.8 Relocation Assistance Program#236.8.15.1 Appeals of Offers and/or Ineligibility Decisions|EPG 236.8.15.1]].<br /> <br /> :D. A condemnation agreement is being used and the conditions in EPG 236.8.8.3(d), requiring a &quot;new&quot; comparable replacement selection are in existence.<br /> <br /> :E. It is necessary to recompute a RHP offer which was based on the confirmed price of a replacement dwelling that '''exceeds''' the comparability requirement when the replacement was selected on the basis of &quot;adequacy to meet the relocatees' needs&quot; if the department learns that the need for the additional space, room or special requirement has been eliminated before the displacement occurs and that the relocatees have not already committed themselves in the purchase of a replacement dwelling to the extent that they would suffer financial loss if they do not complete the transaction. <br /> <br /> See EPG 236.8.8.3(c)(8), REGARDING REDUCTIONS IN RHP OFFERS.<br /> <br /> If an original comparison record is changed or if a new one is prepared to supersede the original, the unit file '''must''' be documented to clearly reflect the '''necessity''' for such action.<br /> <br /> '''NOTE A: Capital Improvements Involved'''<br /> <br /> If the most comparable DS&amp;S replacement dwelling available is acceptable '''except''' for a specific feature which can '''reasonably''' be &quot;cured,&quot; for example, by adding a carport, garage or other '''rather easily accomplished''' capital improvements, it is permissible, with prior concurrence from the Right of Way Section to add the estimated cost of the &quot;cure&quot; to the price of the comparable and use the total figure as the amount necessary to purchase the comparable DS&amp;S dwelling available. It '''is not''' intended that this procedure be applied as routine practice.<br /> <br /> If authorized &quot;costs-to-cure&quot; are involved and the comparable is purchased by the relocatee, the work must be accomplished within the one-year period allowed for purchasing and occupying a replacement property; however, the replacement housing claim must not be filed until after the &quot;cures&quot; are completed so receipted bills can be provided with the claim to prove the amount of the expenditures involved.<br /> <br /> '''NOTE B: Comparable Replacement Housing for Disabled Persons'''<br /> <br /> To meet DS&amp;S requirements when a disabled person is displaced, a comparable replacement dwelling must be free of any barriers that would preclude reasonable ingress, egress or use of the unit by the relocatee.<br /> <br /> If a comparable replacement dwelling cannot be located which meets this specific requirement, the estimated cost of modifying an otherwise comparable replacement dwelling to cure the DS&amp;S deficiencies should be added to the price of the comparable. The instructions in preceding NOTE A are generally applicable.<br /> <br /> '''NOTE C: Comparable Replacement Dwelling Located in Floodplain'''<br /> <br /> A comparable replacement dwelling cannot be located in a floodplain '''unless''' (1) the displacement dwelling is located in a floodplain '''and''' (2) similar or better flood insurance available at the displacement site is also available at the comparable replacement site without a substantial increase in cost.<br /> <br /> Relocatees who select, purchase and occupy DS&amp;S replacement housing in floodplains will be eligible for any RHP they are otherwise eligible to receive.<br /> <br /> '''NOTE D: Major Exterior Improvements'''<br /> <br /> A comparable replacement site should include normal site improvements, including customary landscaping, but need not include special improvements such as outbuildings, swimming pools and greenhouses.<br /> <br /> If the comparable replacement site '''does''' include the special improvements, the full approved right of way acquisition offer and payment for the displacement residential property (including the value of such special improvements) should be used in computing the replacement housing offer and payment. If the replacement site does '''not''' include such improvements, their value must be subtracted from the right of way acquisition offer and payment when computing the RHP offer and payment. (The procedures in EPG 236.8.8.3(a)(2), are applicable when &quot;carving out&quot; the portion of the acquisition offer that is chargeable to the special improvements.)<br /> <br /> Occasionally the replacement property actually purchased and occupied by a relocatee will lack a major exterior improvement that was present in '''both''' the subject property and the selected comparable used in computing the RHP offer. In this case, the entire approved right of way acquisition offer for the subject residential property, including the value of the referenced exterior improvement, will have been used in the offer computations.<br /> <br /> If the relocatee adds '''this specific improvement''' to the replacement property, include its actual, reasonable and documented cost to the purchase price of the replacement when determining the &quot;actual cost&quot; of the replacement residential property for use in computing the RHP.<br /> <br /> '''(3) Instructions for Preparation of Replacement Housing Comparison Record'''<br /> <br /> For &quot;Type Property Involved&quot; use descriptive terms such as &quot;single-family, 6-room, brick ranch-type dwelling with 3 bedrooms.<br /> <br /> The next space on the form is provided to show the total square feet of gross living area in the subject dwelling unit.<br /> <br /> Check whichever blank space is applicable on the next line to reflect a total or partial right of way acquisition.<br /> <br /> The next space is provided to show the approved right of way offer for the subject '''residential''' property '''including''' any offer for an uneconomic remainder of the residential parcel. If the acquisition involves a single-family residential property located on a normal residential building lot, the total approved negotiating figure will be shown in the blank space. If the acquisition includes the residential property '''plus''' other lands, show '''only''' the prorated portion of the approved negotiating figure that is chargeable to the residential improvements and supporting land area.<br /> <br /> Show by check mark whether the amount to be used in computing the RHP offer is the total right of way offer or a prorated portion of the right of way offer or before value.<br /> <br /> The three sections provided to describe the available replacement properties, on which the computations are based, are to be completed as follows.<br /> <br /> On the first line use a street address if possible, if not, refer to distances and directions from known landmarks in describing the location, such as by intersections, named stream crossings.<br /> <br /> The name of the owner of the replacement must be provided on the second line, as well as the name of the Realtor or real estate firm handling the sale. The Realtor's address is to be shown on the third line. If the owner is handling the sale, without the assistance of a Realtor, insert the word &quot;none&quot; in the space provided to show the Realtor's name and provide the owner's address in the next space in lieu of a Realtor's address.<br /> <br /> The individual preparing the Replacement Housing Comparison Record must personally contact the Realtor, or if no Realtor is involved, the owner of the property, and confirm the asking price of the property. Insert this amount as the &quot;asking price&quot; in the first space on the fourth line and the name of the person who confirmed that price in the second space.<br /> <br /> Dwellings that are obviously overpriced must not be used as comparables on the comparison record.<br /> <br /> A space has been provided on the back of the form for a narrative comparison of each comparable to the subject. The narrative '''must''' provide a word picture of the important similarities and differences between the two properties with particular emphasis on functional similarities and differences. Specific spaces have been provided at the beginning of each narrative to show the square feet of gross living space contained in the comparable, how the square footage determination was made, total number of rooms and number of bedrooms.<br /> <br /> '''NOTE A: Less Than Three Replacements Available'''<br /> <br /> If three replacement properties cannot be located, document the file. The documentation should discuss the effort that was made to locate three replacements. If no replacements are available, the form cannot be used. The procedure to follow when no acceptable replacements are available is discussed later in this section of the Manual.<br /> <br /> The section of the form headed &quot;Final Determination&quot; must be completed as follows.<br /> <br /> On each of the first three lines in this section simply insert the confirmed asking/listing price of the correspondingly numbered replacement property. <br /> <br /> Next choose the replacement that is most nearly '''comparable''' to the subject and insert its number in the space provided on the fourth line. The price of that replacement will be shown on the next line.<br /> <br /> Complete the &quot;Final Determination&quot; section by subtracting the department's right of way offer or pro rated offer for the subject residential improvements and supporting land, or, if applicable, the before value of the right of way parcel, from the price of the selected comparable and arrive at the RHP offer.<br /> <br /> The Comparison Record is to be completed and signed by the person who selected the comparables. The form is also to be signed by the Right of Way Manager.<br /> <br /> When no suitable replacement properties are available for purchase or when a new house that meets comparability requirements can be built for less than the most nearly comparable replacement available, the maximum RHP will be computed on the basis of new house construction. The computed payment will be the difference between the amount paid to the relocatees for their residential improvements and supporting land area and the estimated cost of acquiring a building lot and constructing a comparable DS&amp;S replacement dwelling thereon.<br /> <br /> When considering comparability, rely on functional similarity. If the subject is, for example, a large two-story house of old style design that includes large hallways and other &quot;extra space,&quot; do not duplicate it. Instead, consider a replacement of modern design which would provide the same utility. Normally, the replacement cost should be based on a house of similar construction - brick to brick, frame to frame, etc., and overall no less desirable than the subject.<br /> <br /> The estimated cost of the new house and building lot must be prepared in writing, supported and signed by a qualified member of the right of way staff, normally an appraiser. A district certified appraiser or district Right of Way Manager must also sign it. If the reviewer cannot agree with the cost estimate, he/she must make the necessary revisions and support them in writing. In such instances, the revised figure provided by the reviewer will be used in computing the payment.<br /> <br /> The house plan used in computing the estimated cost can be the actual plan the relocatees intend to use '''if''' reasonably comparable to the subject. If it is not reasonably comparable, the estimator would select a plan for a dwelling that he/she feels is more nearly comparable.<br /> <br /> The actual RHP will be the difference between the amount paid to the relocatees for their residential improvements and supporting land area and the amount they actually spend in purchasing a replacement building lot and constructing the new house not to exceed the computed RHP offer. If they rebuild on previously owned land, the current fair market value of land, equal in size to a residential building lot, can be added to their actual construction costs to determine their overall expenditure. The relocatees must be advised to retain receipts to prove their expenditures and costs. The instructions in EPG 236.8.8.3(a)(l0), relating to the value of any labor performed by the relocatees and to the cost of previously owned land used as a building lot are also applicable in determining their overall expenditure when new house construction is involved.<br /> <br /> A summary sheet should be prepared for the unit file showing how the maximum RHP offer was computed. The summary should show the portion of the right of way offer that was chargeable to the subject residential improvements and supporting land area and the estimated construction cost figures as discussed above.<br /> <br /> A second summary should be prepared after the final right of way payment is made to show the amount actually paid for the subject residential property by the department and the relocatees' actual construction costs to prove the accuracy of the replacement housing payment being made to the relocatees.<br /> <br /> '''NOTE B: When Applicable to Replacement Farm Homes'''<br /> <br /> When an owner-occupied dwelling is acquired by the department, which is located on a farm unit of adequate size to support a self-sustaining farm operation after the acquisition and when the owners are actually conducting farming operation thereon which contributes at least one-third of their total net income, assume that a replacement dwelling at some other location would not be &quot;reasonably accessible to the relocatees' place of farm employment.&quot; It would be proper to compute the owners' RHP on the basis of constructing a replacement DS&amp;S dwelling on their remaining land.<br /> <br /> If the relocatees have two distinctly different farm operations at two different and disconnected locations, neither operation related to or dependent on the other, they will not normally qualify for a RHP based on new house construction if the subject dwelling that was acquired by the department was located on one farm and the replacement was constructed on the other unless no other existing DS&amp;S replacement housing was available.<br /> <br /> If the owners acquire or build a replacement house at any other location, their payment will be computed in the routine manner.<br /> <br /> When the payment is based on new house construction, due to the subject dwelling being located on a farm that is adequate in size after the acquisition to contain a self-sustaining farm operation, the file must be documented to show that the remaining farm is in fact adequate to contain this type operation.<br /> <br /> If the relocatees have income not directly related to the farming operation, it will be necessary for them to provide a copy of their most recent federal income tax return to prove that the farm operation produces at least one-third of their total net income. If there are extenuating circumstances involved which cause the District to feel that relocatees are entitled to remain on their farm unit, even though their farm operation does not produce one-third of their total income, submit all facts to the Right of Way Section for final determination.<br /> <br /> '''(b) Payment Computation Adjustments'''<br /> <br /> '''(1) Changes in Right of Way Offers Due to Value Adjustments'''<br /> <br /> If the right of way offer for an owner-occupied residential dwelling which is being acquired in its entirety is changed due to a value adjustment, the maximum RHP offer can be recomputed by inserting the revised right of way offer in the applicable spaces on the Replacement Housing Comparison Record Form and deducting it from the price of the previously determined most nearly comparable replacement property available.<br /> <br /> If right of way offers are changed which include payment for &quot;other lands,&quot; or which involve any other situation where prorations are required as discussed in this section, it will be necessary to revise those prorations prior to recomputing the payment. The same appraiser who prepared the original proration should also prepare the revision. A district certified appraiser or right of way manager must approve the revised proration.<br /> <br /> After the revised prorated value of the residential improvements and supporting land area is determined, the RHP can be recomputed.<br /> <br /> An explanation will be required for the unit file to support a determination that it was not necessary to change the prorated amount assigned to the residential improvements and supporting land area when the total right of way offer was later increased or decreased.<br /> <br /> If the right of way offer for the partial acquisition of a normal-sized residential property is adjusted, the adjusted before value of the property will be used in computing the RHP offer.<br /> <br /> '''(2) Changes in Right of Way Offers Due to Administrative Settlement'''<br /> <br /> In these cases the portion of the original offer that was chargeable to the residential improvements and supporting land area '''must''' be increased in the same percentage ratio that the overall offer was increased.<br /> <br /> '''(3) Changes Necessary Due to Updating of Appraisals'''<br /> <br /> When right of way negotiations are delayed for a substantial period of time after the appraisals for a parcel are completed, the appraisals will normally be updated to reflect value changes that have occurred since the appraisals were completed. If the approved negotiating figure for an owner-occupied dwelling is changed, it will be necessary to revise the RHP offer. When this occurs the following procedure is applicable:<br /> <br /> Determine if the selected comparable that was used in computing the relocatees' RHP offer is still available, or, if not, whether a different DS&amp;S comparable is currently available for a price that does not exceed the price of the original comparable. If so, the revised RHP offer will be based on the difference between the price of the original comparable and the new approved negotiating figure for the residential property. If not, the revised RHP offer will be based on the difference between the price of a newly selected comparable that is currently available to the relocatee and the portion of the new approved negotiating figure that is chargeable to the residential improvements and supporting land area.<br /> <br /> In instances when the right of way acquisition includes lands or property in addition to the residential property, a proration (carve out) will have been accomplished to determine the portion of the original approved negotiating figure that was chargeable to the residential improvements and supporting land area. If the new approved negotiating figure for the parcel is based on actual documented value adjustments that are specifically applicable to the subject property involved, it will be necessary to revise the original proration in the manner discussed in preceding subparagraph (2), before recomputing the new RHP offer. If, however, the overall appraised value of the parcel is simply being updated due to a general increase in property values during the period of time since the appraisals were made normally shown as a percentage of increase experienced by similar properties in the area, the instructions in preceding subparagraph (3), are applicable.<br /> <br /> '''(4) Changes Necessary When Selected Comparable Replacement Dwellings Are No Longer Available'''<br /> <br /> If the relocatees request assistance in finding replacement housing, they must be shown housing which is available for purchase for an amount which does not exceed the combined total of the department's right of way offer for their residential improvements and supporting land area and their computed RHP offer.<br /> <br /> This can be accomplished easily if the replacement dwelling that was selected as being most nearly comparable to subject on the Replacement Housing Comparison Record is still available for purchase. Merely re-advise them of the availability of the comparable replacement dwelling that was used in computing their maximum replacement housing offer.<br /> <br /> If the selected replacement dwelling listed on the comparison record is no longer available or later found to be not comparable or DS&amp;S, it will be necessary to determine if a different DS&amp;S comparable is currently available for a price that does not exceed the price of the original comparable. If so, advise the relocatees of the newly located comparable.<br /> <br /> If a &quot;different&quot; comparable cannot be located, it will be necessary to compute a new offer based on the most nearly comparable DS&amp;S replacement dwelling that is currently available to the relocatees. This will be accomplished by completing a new Replacement Housing Comparison Record.<br /> <br /> Always retain all comparison records in the unit file '''including''' those that have been voided and/or superseded.<br /> <br /> If no new comparables can be located, it will probably be necessary to recompute the offer on the basis of new house construction. Should the payment based on new house construction exceed $31,000, the feasibility of providing a suitable DS&amp;S replacement dwelling unit under the Last Resort Housing Program must be determined.<br /> <br /> It will normally be necessary to recompute a RHP offer if (1) the relocatee requests that the department point out a specific DS&amp;S replacement that can be purchased for an amount that does not exceed their combined right of way and replacement housing offer and the department cannot do so, (2) the relocatee did not have sufficient time to enter into a purchase agreement for the selected comparable, or (3) it is not possible to locate a currently available DS&amp;S comparable that can be purchased for a price that does not exceed the price of the comparable that was used in computing the relocatees' original RHP offer.<br /> <br /> Recomputed RHP offers that are '''less''' than the original offer can be presented to the relocatees only when the reduced offer would not cause them to suffer financial loss, embarrassment or other problems of consequence due to their inability to fulfill previous good faith commitments made in anticipation of receiving the original offer.<br /> <br /> The reduction of RHP offers is not to be considered routine procedure. The action must be carefully considered on a case-by-case basis.<br /> <br /> When a reduced RHP offer is involved, the unit file must be documented to show that none of the above prohibitions existed.<br /> <br /> '''(5) Changes Necessitated by Condemnation Awards and/or Final Legal Settlements'''<br /> <br /> See following sections (d) and (f).<br /> <br /> '''(6) Changes When Owners Retain Salvage Rights For a Reduced (or Nil) Charge'''<br /> <br /> When property owners are permitted to retain salvage rights in their right of way settlement without cost or for a reduced salvage value and with little or no deduction from their right of way payment, the full value of the salvage items involved, as reflected on the approved right of way [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Form 6.3.3], must be added to the &quot;cash&quot; consideration paid by the department for their residential property when computing the amount of their actual RHP. Include the salvage values as a part of the owners' &quot;Right of Way Payment&quot; when completing the second line under &quot;Computations&quot; on their Replacement Housing Claim Form, [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Claim%20Form%20236.8.8.4.B.pdf RA Form 236.8.8.4(b)]. This instruction is not applicable if the value of the salvageable items was reduced for the reason that they had been &quot;overpriced&quot; as salvage in the original appraisal process. In this case, the adjusted salvage values, instead of the original salvage values, would be added to the &quot;cash&quot; consideration paid for the residential property when computing the RHP.<br /> <br /> '''(7) Other Changes in RHP Offers'''<br /> <br /> Approval for the recomputation of RHP offers may also be obtained from the Right of Way Section on a case-by-case basis when the original offer was of necessity based on a substantially better than comparable replacement dwelling when:<br /> <br /> :(1) a more nearly comparable replacement dwelling becomes available which would produce a more realistic RHP offer, and<br /> <br /> :(2) a reduction in the RHP offer would not cause the relocatee to suffer financial loss, embarrassment or other problems of consequence due to his/her inability to fulfill previous good faith commitments made in anticipation of receiving the original offer.<br /> <br /> A corrected &quot;Eligibility Notice&quot; must be provided to relocatees who’s RHP offers are revised.<br /> <br /> '''(c) Advanced RHPs in Condemnation Cases'''<br /> <br /> The same procedure is applicable in carrying out the various phases of the Relocation Program when condemnation is involved except when the owner of a residential property being acquired through condemnation is entitled to a RHP.<br /> <br /> Relocatees who are entitled to RHPs and whose properties are being acquired through condemnation can elect either of the two following options in claiming such payment.<br /> <br /> :(1) The qualified owner-occupants can enter into a Condemnation Agreement, RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20Residential%20Property%20Form%20236.8.8.3.E.1.pdf Form 236.8.8.3(e)(1)]), or [http://eprojects/Templates/RW/Chapter%208_Relocation/Condemnation%20Agreement%20other%20than%20Residential%20Property%20236.8.8.3.E.2.pdf Form 236.8.8.3(e)(2)], whichever is applicable, as discussed in the following paragraphs and receive their RHP prior to final settlement of their condemnation case, OR<br /> <br /> :(2) They can wait until final settlement of their condemnation case and then file a replacement housing claim.<br /> <br /> Condemnation agreements are not applicable when a 90-Day owner elects to rent rather than purchase replacement housing.<br /> <br /> '''If the first option is chosen, the following procedure is applicable'''.<br /> <br /> If the acquisition involves a residential property only, with no other lands, property or rights involved, the RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20Residential%20Property%20Form%20236.8.8.3.E.1.pdf Form 236.8.8.3(e)(1)] is applicable. If, however, the acquisition includes land, property, or rights in addition to the residential improvements and supporting land area, the RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20other%20than%20Residential%20Property%20236.8.8.3.E.2.pdf Form 236.8.8.3(e)(2)] must be used. The latter agreement is applicable when residential quarters and a business operation are both located in the same building.<br /> <br /> The agreement can be signed:<br /> <br /> :1. '''after''' the condemnation commissioners' award is paid into court,<br /> <br /> :2. '''after''' the relocatees have purchased and occupied a DS&amp;S replacement dwelling and are otherwise eligible for the payment, and<br /> <br /> :3. '''prior''' to final settlement of their condemnation case.<br /> <br /> When a condemnation agreement is used, the RHP '''must''' be recomputed after the condemnation commissioners' award has been filed and prior to execution of the agreement, and shall be the difference between the portion of the condemnation commissioners' award that is chargeable to the subject residential property and the actual amount paid for a DS&amp;S replacement dwelling by the relocatees or the difference between such condemnation commissioners' award and the price of the most nearly comparable DS&amp;S replacement dwelling available, '''whichever is the lesser'''. Instructions in following subsection (2) explain how to determine the portion of the condemnation commissioners' award that is chargeable to the subject residential property.<br /> <br /> The price of the selected comparable replacement dwelling reflected in the original Replacement Housing Comparison Record will be used in the above recomputations '''unless''' all of the following conditions exist:<br /> <br /> :1. The relocatees contend that there was no comparable DS&amp;S replacement dwelling available between the time they received their first vacancy notice and the required vacancy date quoted in their final &quot;Notice to Vacate&quot; that could have been purchased for the price of the comparable replacement used in computing their original RHP offer. The date that the relocatees actually moved is not a factor in the recomputations.<br /> <br /> :2. The confirmed price of the most nearly comparable replacement dwelling unit that was available between the time the relocatees received their first vacancy notice and the required vacancy date quoted in their final &quot;Notice to Vacate&quot; '''was higher than''' the price of the comparable that was used in computing their original RHP offer. To make this determination, the newly selected comparable does not have to be currently available but must have been available for a reasonable period between the issuance of the relocatees' first and final vacancy notices. A new Replacement Housing Comparison Record, RA Form 236.8.9.3(b), must be used in the selection of the new comparable replacement dwelling and the unit file must be fully documented to reflect and support the District's decisions and actions. The new comparable should not normally be selected prior to the expiration date set out in the relocatees' final &quot;Notice to Vacate.&quot;<br /> <br /> IF THE RECOMPUTED BASIC RHP EXCEEDS $31,000, '''DO NOT''' USE CONDEMNATION AGREEMENTS Form 236.8.8.3(e)(1) OR Form 236.8.8.3(e)(2). When this situation is experienced, provide all facts involved to the Right of Way Section and request that a separate condemnation agreement be prepared that is workable under the specific circumstances involved. The Last Resort Housing Program would normally be involved under this circumstance.<br /> <br /> '''NOTE A: Incidental Closing Cost and/or Increased Interest Payment'''.<br /> <br /> Owner-occupants whose residence is acquired by condemnation can be reimbursed for their eligible incidental closing costs and paid any increased interest payment without the need for a condemnation agreement.<br /> <br /> If an incidental closing cost and/or increased interest payment is paid in advance of final settlement of a condemnation case, the unit file must be &quot;flagged&quot; to ensure that these payments will not be duplicated should the relocatee become eligible for a RHP at the time the case is finally settled. (See NOTE B at the end of [[236.8 Relocation Assistance Program#236.8.8.4 RHP Claims|EPG 236.8.8.4(b)]], for instructions for completing Claim RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Claim%20Form%20236.8.8.4.B.pdf Form 236.8.8.4(b)], when incidental closing costs and/or increased interest payments are made under the conditions discussed in this NOTE.)<br /> <br /> '''(1) Condemnation Agreement, Residential Property Only, No Other Property Included in Acquisition''' (RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20Residential%20Property%20Form%20236.8.8.3.E.1.pdf Form 236.8.8.3(e)(1)])<br /> <br /> This form is applicable regardless as to whether a partial or total acquisition of residential property is involved.<br /> <br /> Instructions for completing RA Form 236.8.8.3(e)(1) are as follows:<br /> <br /> In the first paragraph include the names of the owners of the residential property to whom the RHP will be made.<br /> <br /> The second paragraph of the agreement refers to &quot;property as described in Exhibit No. 1. A copy of the legal description, describing the right of way taking, must be attached to each copy of the agreement.<br /> <br /> In subsection number 1, under &quot;Owners Agree,&quot; show the condemnation commissioners' award for the subject property.<br /> <br /> The amount to be shown in the second-numbered paragraph (No. 2) is the previously discussed recomputed RHP. This same amount will also be shown in the blank space on the third line of subparagraph (1) under &quot;Commission Agrees.&quot;<br /> <br /> The agreement is to be executed, on behalf of the commission.<br /> <br /> All owners whose names are included in the first paragraph of the agreement must sign in the spaces provided at the end of the agreement. <br /> <br /> A minor who is an owner-occupant can sign a condemnation agreement. If a guardian has been appointed for the minor, the guardian should also sign the agreement. In cases where infants and young children are involved, the child's guardian would sign the agreement and the minor would not be required to.<br /> <br /> '''(2) Condemnation Agreement, Land Other Than Residential Property Involved'''(RA [http://eprojects/Templates/RW/Chapter%208_Relocation/Condemnation%20Agreement%20other%20than%20Residential%20Property%20236.8.8.3.E.2.pdf Form 236.8.8.3(e)(2)])<br /> <br /> Instructions for completing RA Form 236.8.8.3(e)(2) are as follows.<br /> <br /> The instructions outlined for RA [http://eprojects/Templates/RW/Chapter%208_Relocation/Condemnation%20Agreement%20other%20than%20Residential%20Property%20236.8.8.3.E.2.pdf Form 236.8.8.3(e)(2)] above, covering the first two paragraphs of that form, are also applicable to this form. The legal description to be attached to this agreement should cover the entire acquisition and not just the portion on which the residential improvements are located.<br /> <br /> The amount to be shown in paragraph (1) under &quot;owners&quot; is the highest negotiating offer that has been made by the department to the owner for the '''entire right of way acquisition''' involved.<br /> <br /> The amount to be inserted in paragraph no. 2 is the '''total''' condemnation commissioners' award covering the '''entire right of way taking''', including both residential property and other lands.<br /> <br /> The amount to be shown in the first blank space in paragraph no. (4) is the prorated portion of the department's total right of way negotiating offer that is chargeable to the residential improvements and supporting land area.<br /> <br /> In the second blank space in paragraph no. (4) show the percent of the total offer chargeable to the residential area.<br /> <br /> The amount to be shown on the first line in paragraph no. (5) is the actual recomputed RHP.<br /> <br /> The amount to be shown in the second space in paragraph no. (5) is the portion of the condemnation commissioners' award that is applicable to the residential property '''only'''. Determine this amount by applying the same percentage figure arrived at in paragraph no. (4) to the total condemnation commissioners' award. These computations will be reflected in the three spaces contained in the parenthesis at the end of subsection (5) by showing the percentage figure in the first space, the total commissioners' award in the second and the resulting computed amount in the third.<br /> <br /> The blank space in paragraph no. (6) shall reflect the same amount shown in the second space in paragraph no. (5).<br /> <br /> Instructions provided in the preceding subparagraph for execution of the RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20Residential%20Property%20Form%20236.8.8.3.E.1.pdf Form 236.8.8.3(e)(1)], agreement also apply to this agreement.<br /> <br /> '''(3) Instructions Applicable to Both Agreements'''<br /> <br /> If the landowners desire to enter into a condemnation agreement after their condemnation award has been paid into court and they have purchased and occupied a DS&amp;S replacement, three copies of the applicable agreement form are to be delivered to the owners or their attorney. The blanks on the form will be filled out prior to delivery by the district. The agreement need not be executed on behalf of the department at that time.<br /> <br /> The owners must then sign and return all copies to the district office. Regional counsel will keep one copy of the fully executed agreement, one copy will be forwarded to the owner or, if applicable, their attorney and the original will be retained by the district. <br /> <br /> Increases in offers made after condemnation agreements have been executed, in attempting to settle condemnation cases, have no effect on such agreements and are not factors in computing or paying RHPs unless they are accepted by the owner and become final judgments.<br /> <br /> It will be the duty of the department's regional counsel to take whatever action is necessary to collect any refund due to the State under the terms of a condemnation agreement. District personnel should work closely with the regional counsel in providing any information needed by him/her to ensure that the department receives refunds it is due under condemnation agreements, and periodic checks made to determine if the subject condemnation case has been settled and, if so, if a refund is due. <br /> <br /> '''NOTE A: Final Legal Settlement Less Than Condemnation Commissioners' Award'''<br /> <br /> If the final legal settlement is less than the condemnation commissioners' award on which the relocation payment was based, the owner would be entitled to an additional RHP in most cases.<br /> <br /> '''(d) Condemnation - No Condemnation Agreement Signed'''<br /> <br /> If the owners chose to wait until final settlement of their condemnation case before filing a claim for their RHP, compute their payment by applying the following procedure.<br /> <br /> Deduct the portion of the final legal settlement that is chargeable to the residential property from the price of the most nearly comparable DS&amp;S replacement available as determined on the original &quot;Replacement Housing Comparison Record,&quot; '''and''', in a separate computation, deduct the same portion of the final legal settlement from the amount actually paid for the DS&amp;S replacement property purchased and occupied by the subject owners. The relocatees are entitled to a RHP equal to the lesser of these two computed figures.<br /> <br /> If the acquisition did not involve lands or property in addition to the residential improvements and supporting land area, the total final legal settlement used in the computations as the entire amount would be chargeable to the residential property. If other lands were involved in the acquisition, determine the portion of the final legal settlement that is to be charged to the residential property by increasing or decreasing the prorated portion of the right of way offer that was charged thereto when the original RHP offer was computed in the same percentage ratio that the overall final legal settlement was increased or decreased in relation to the total right of way offer.<br /> <br /> If the relocatees paid '''more''' for their replacement dwelling than the amount determined by the department as being the price of the most nearly comparable DS&amp;S replacement dwelling available and contends that there was no comparable DS&amp;S replacement housing available between the time they received their first vacancy notice from the department and the required vacancy date quoted in his/her final &quot;Notice to Vacate&quot; that could have been purchased for the above-mentioned price, it will be necessary to prove their contention correct or erroneous '''if''' no more than 12 months have expired between the date that they were required to vacate the subject dwelling and the date of their final right of way condemnation settlement. If more than 12 months have expired, the department will not attempt to reconstruct the availability of specific housing during the subject period and will take the firm position that the price of the original comparable replacement was correct, fair and adequate.<br /> <br /> The following instructions apply when (1) the final condemnation settlement occurs within 12 months from the date that the relocatees were required to vacate the subject property, and (2) the relocatees' actual replacement housing cost exceeded the confirmed price of the replacement dwelling used in computing their original RHP offer.<br /> <br /> Locate the most nearly comparable DS&amp;S replacement that was available during the designated period and use its actual, or selling price, whichever is applicable, to determine the maximum RHP that could be made to the relocatees. A new Replacement Housing Comparison Record, RA Form 236.8.8.3(b), must be completed using the &quot;new&quot; comparable replacement dwelling.<br /> <br /> If one of the other methods of computing RHPs, as discussed in EPG 236.8.8.3(c), is applicable, compute the final payment accordingly (applying the same general principle outlined in the preceding paragraphs).<br /> <br /> ===236.8.8.4 RHP Claims===<br /> <br /> '''(a) Time for Filing Claims'''<br /> <br /> RHP claims must be filed within the time period discussed in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2(i)]], but not before the relocatees have actually purchased and occupied a DS&amp;S replacement dwelling, '''unless''' an advance RHP is being made under the specific terms and instructions outlined in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2(f) and (g)]], and not before the department has acquired the subject right of way parcel through negotiated settlement or condemnation. It is desirable that the claim be filed as soon as practical after the subject property has been acquired and the relocatees have met all payment eligibility requirements.<br /> <br /> '''(b) Claim RA Form--RHP''' (RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Claim%20Form%20236.8.8.4.B.pdf Form 236.8.8.4(b)])<br /> <br /> RA Claim Form 236.8.8.4(b) must be used in filing a replacement housing claim.<br /> <br /> General information concerning claim forms previously discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(d)]], also apply to this form.<br /> <br /> Documentation to support the claim, such as closing statements and paid receipts are to be attached to the claim submitted to the district by the relocatee. The documentation must be retained in the subject's unit file in the district office and should not be attached to claim forms submitted to the Right of Way Section for payrolling.<br /> <br /> If the closing statement does not clearly show the purchase price of the replacement property or if a closing statement was not prepared, the relocatees must provide a notarized statement signed by both the buyer and seller certifying the purchase price paid for the replacement. Under this circumstance, the district should be sure prior to making the RHP that the instrument by which the relocatees acquired the replacement property is recorded in the office of the County Recorder of Deeds.<br /> <br /> The claim form must be completed in the following manner.<br /> <br /> '''Section Headed &quot;Subject Property&quot;'''<br /> <br /> In the spaces provided to show &quot;Date Purchased&quot; and &quot;Date Occupied&quot; by relocatee - show day, month and year.<br /> <br /> '''Section Headed &quot;Replacement Property&quot;'''<br /> <br /> Show actual date (day, month and year) that replacement was purchased and date occupied. If a new house was constructed on the owner's remainder, the date purchased would relate to the land and would be the same date shown for the subject parcel. If a new house was constructed on a replacement site, show the date that the site was acquired. The last two sentences would apply in principle if the owners retained and moved their subject dwelling. In every instance, show the actual date that the replacement was occupied regardless of whether it was purchased built or moved.<br /> <br /> On the last line in this section, write the new telephone number of the relocatees, provide the name of the person from whom the relocatee acquired the replacement and the name of the real estate firm or broker, if any, who handled the sale.<br /> <br /> In the first space in the section headed &quot;Computations on Line No. 1&quot; show the asking/listing price of the most nearly comparable replacement property available as computed on the Replacement Housing Comparison Record, RA Form 236.8.8.3(b), or, when applicable, as based on the estimated cost of building a new house. This space will always contain the replacement housing cost on which the department's RHP offer was based.<br /> <br /> In the second space of line no. 1 show the relocatees' actual cost in obtaining their replacement property.<br /> <br /> If the total acquisition of a normal-sized residential property is involved or if only a portion of a carved out residential land area was acquired as right of way, both spaces of line no. 2 must reflect the right of way payment for the relocatees' residential property. If the claim involves an unsettled condemnation case, show the portion of the condemnation commissioners' award that is chargeable to the '''residential property''' as discussed in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(d)]], Consider the following points when determining the amount to be shown in the subject two spaces:<br /> <br /> :(1) Do not include any portion of the right of way payment that is chargeable to other lands or improvements included in the acquisition, include only the portion of the payment that is chargeable to the residential property.<br /> <br /> :(2) If the relocatee retains salvage rights to any item that was considered to be a part of the residential real property, add the approved salvage value of such items as determined in the appraisal review process to the cash consideration shown in the right of way deed and show the resulting total in the subject spaces as the &quot;right of way payment made by the department for the residential improvements and supporting land.&quot;<br /> <br /> If the partial acquisition of a '''normal-sized''' residential property is involved, the amount paid for the parcel including damages and remnants will be shown in both spaces on the second line.<br /> <br /> Subtract the amounts shown on the second line from the amounts shown on the first and enter the results (differences) in the appropriate spaces on the third line.<br /> <br /> Lines 3 thru 13, with the following explanation, are considered to be self-explanatory.<br /> <br /> After receiving a rental subsidy payment, owners can purchase and occupy a DS&amp;S replacement within the one-year period authorized for such action and claim a RHP. When this happens, the rental subsidy payment must be deducted from the RHP. The space entitled &quot;Less Previous Rental Subsidy Payment&quot; is provided for this deduction.<br /> <br /> Be sure that all required documents are attached to the original claim. These documents must be checked to see that they adequately support the claim.<br /> <br /> Each box in the &quot;checklist&quot; on the back of the form must be checked, indicating an affirmative answer, or, when applicable, marked &quot;N/A.&quot; The item entitled &quot;Farm Home Replacement Built On Subject Farm As Required&quot; relates to those cases where a RHP is being based on new house construction to enable the owners to continue living on their farm unit.<br /> <br /> '''NOTE A: Advance RHP Claims'''<br /> <br /> Complete the claim form in the routine manner, as if the replacement dwelling had been purchased and occupied, with the following exceptions.<br /> <br /> :1. Under the section of the claim headed &quot;Replacement Property,&quot; insert the words &quot;See Comments&quot; in the spaces provided to show &quot;Date Purchased&quot; and &quot;Date Occupied.&quot;<br /> <br /> :2. In the second space of line no. 1 under the &quot;Computations&quot; section, show the agreed purchase price that is being paid for the replacement dwelling.<br /> <br /> :3. On the lines relating to increased interest payments and incidental closing costs, insert either the words &quot;to be claimed later,&quot; &quot;N/A,&quot; or the actual amount being claimed.<br /> <br /> :4. Check all applicable &quot;boxes&quot; on the back of the claim form. The &quot;check points&quot; which have not been complied with to date must be marked &quot;See Comments.&quot;<br /> <br /> :5. Under &quot;Comments&quot; explain &quot;This claim covers an advance RHP. All additional required documentation will be obtained and all remaining payment eligibility requirements will be complied with before the payment is released by the Escrow Agent.&quot; The district '''must''' be very sure that these commitments are fulfilled before the Escrow Agent is authorized to release the payment to the relocatee.<br /> <br /> When an Escrow Agreement is used, list the payee on the back of the claim form in the following manner:<br /> <br /> &quot;('''Escrow Agent's name''') Escrow Agent for ('''list all relocatees who signed claim''')&quot;. The claim payment check should reflect the payees in the same manner.<br /> <br /> After the replacement property has been purchased and occupied by the relocatees and the RHP delivered to them by the Escrow Agent, a signed receipt will be available for the file as required in the Escrow Agreement.<br /> <br /> Advance claims submitted under the escrow provision must be accompanied by a copy of the executed &quot;Replacement Housing Escrow Agreement&quot; when forwarded to the Right of Way Section for payment.<br /> <br /> '''NOTE B: Advance Incidental Closing and/or Increased Interest Payment Claims--Nil RHP'''<br /> <br /> Replacement Housing RA Claim [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Claim%20Form%20236.8.8.4.B.pdf Form 236.8.8.4(b)], must be used in the following manner when claiming incidental closing costs and/or increased interest payments made in advance of final settlement of condemnation. Both payments must be included on the same claim form.<br /> <br /> :1. Under the section headed &quot;Computations&quot; complete only spaces relating to the type of payments involved and to total amounts due. Mark the other spaces in this section &quot;N/A.&quot;<br /> <br /> :2. Under &quot;Comments&quot; explain that &quot;RHP&quot; based on condemnation commissioners' award is &quot;zero,&quot; this claim therefore covers only incidental closing costs increased interest payments or both.<br /> <br /> '''NOTE C: Direct Payment to Grantor (Seller) of Replacement Dwelling'''<br /> <br /> The basic RHP, which excludes incidental closing costs and increased interest payments, will be made directly to the seller of the replacement dwelling '''if''' the relocatee (buyer) specifically requests such action in writing.<br /> <br /> The relocatees' written request for direct payment to the seller must (1) clearly state their desire, (2) name the specific persons to whom they want the check made payable, (3) include a statement that the parties named are the sellers of the dwelling they are acquiring to replace the dwelling from which they are being displaced by the department, (4) that the payment is being applied to the purchase price of their replacement dwelling, and (5) that they take full responsibility for the completeness and accuracy of the seller's names and that they fully understand and agree that the department will not be responsible for the omission of any person from the payment who has an interest in the replacement property.<br /> <br /> When direct payment to the seller is involved, the relocatees must file two RA Claim Form 236.8.8.4(b) - one for the basic RHP and the other for incidental closing costs and their increased interest payment.<br /> <br /> The front of the replacement housing claim in which the basic RHP is being claimed should be completed and executed by the relocatees in the routine manner except it will not include incidental closing or increased interest payments. Insert &quot;See Comments&quot; in the spaces relating to incidental and increased interest payments. The district must show the persons to whom the check is to be made payable in the appropriate space at the top of the back side of the form. Under comments, explain that the payment is being made to the seller of the replacement dwelling as requested by the relocatees and that any applicable incidental closing costs and increased interest payment will be claimed on a separate claim form. Attach a copy of the relocatees' written request for direct payment to each copy of the claim form - those submitted with the payroll and the copy retained in the unit file.<br /> <br /> The relocatees must execute the claim for incidental closing costs and the increased interest payment in the routine manner. It will not be necessary to complete the portions of the form which provide information relating to the subject and replacement properties as this information will be provided on the claim for the RHP. Only the spaces relating to Incidental Closing Costs, Increased Interest Payment and Total Payment Due should be completed in the Computations Section. Insert &quot;See Comments&quot; in the second space on the first line under this section; all other nonapplicable spaces can be marked N/A. Under comments on the back of the form explain (1) that the RHP was made directly to the grantor of the replacement dwelling in response to a separate claim, as requested by the relocatees, and (2) that the required information relating to the subject and replacement dwellings was provided on the claim for the RHP.<br /> <br /> ==236.8.9 Relocation Assistance Program - Incidental Closing Costs==<br /> <br /> The incidental closing cost payment is the amount necessary to reimburse qualified relocatees for the actual and reasonable costs incurred by them incident to the purchase of their '''replacement dwelling'''.<br /> <br /> '''(a) Reimbursable incidental closing costs may include the following items if the amounts involved are reasonable and if such costs are normally paid by the buyer'''.<br /> <br /> :1. legal, closing and related costs including title search, preparing conveyance contracts, notary fees, surveys, preparing drawings or plats, and charges incident to recordation,<br /> <br /> :2. lender, FHA or VA appraisal fees,<br /> <br /> :3. lender, FHA or VA application fees,<br /> <br /> :4. certificate of structural soundness and termite inspection when required (the cost of termite extermination and/or treatment is not reimbursable).<br /> <br /> :5. credit report,<br /> <br /> :6. title insurance or abstract of title, not to exceed the costs that would have been involved in the purchase of the selected comparable on which the RHP offer was based,<br /> <br /> :7. Escrow Agent's fee,<br /> <br /> :8. sales or transfer tax (not to exceed the costs for a comparable replacement dwelling),<br /> <br /> :9. loan origination or assumption fees that do not represent prepaid interest. (Limited to subject property mortgage(s) balance(s)) other costs that the district and Right of Way Section agree are incidental to the purchase including a Professional Home Inspection.<br /> <br /> '''(b) Incidental closing costs must not include any prepaid expenses; for example, prepaid taxes, prepaid insurance, or prepaid interest'''.<br /> <br /> When 90-Day owner-occupants are displaced, the costs incurred in securing mortgage financing in cases where there is no mortgage on the property acquired and any additional costs in securing a larger mortgage on the replacement dwelling than existed on the acquired property are '''not''' reimbursable. Appraisal fees and survey fees may, however, be reimbursable. In determining which closing costs are reimbursable to a relocatee, under the above instructions, make the following assumptions:<br /> <br /> :1. That the reasonable cost of transferring a mortgage when an existing mortgage on a replacement property is assumed by a relocatee in the purchase of such property is eligible for reimbursement as incidental closing costs.<br /> <br /> :2. Reasonable refinancing expenses paid by relocatees who retain and move their existing dwellings to their remaining land, or who build replacement dwellings on their remaining properties, which would otherwise qualify as reimbursable incidental closing costs, can be included in the relocatees' claim.<br /> <br /> :3. That relocatees who move to and occupy a DS&amp;S replacement dwelling they owned prior to the initiation of negotiations on the project can claim reimbursement for routine eligible closing costs they experienced at the time they purchased the replacement.<br /> <br /> :4. That any closing cost which is made a part of the indebtedness and therefore not paid at the time of closing '''cannot''' be included as an eligible incidental closing cost.<br /> <br /> :5. One-time lump-sum mortgage default insurance premiums paid by the relocatee are reimbursable closing costs. For 90-Day owners reimbursement must be limited to the actual amount of the insurance payment or to the insurance payment that would have been required to cover a loan equal to the remaining balance of the relocatees' existing mortgage, whichever is the lesser. Mortgage insurance designed to pay off the outstanding balance of a mortgage upon death of the borrower is '''not''' reimbursable.<br /> <br /> If the closing statement provided by a real estate firm handling a transaction in which a relocatee acquires a replacement dwelling reflects a lump sum charge made by the lending agency; or if the Truth in Lending Statement includes closing costs as a lump sum, it will be necessary to also obtain a &quot;loan closing statement,&quot; or in some other manner, identify and itemize the separate charges involved.<br /> <br /> '''NOTE A: Loan Service Fees and Points'''<br /> <br /> Finance charges such as loan origination fees, loan service fees and points can be included in increased interest and down payment assistance. Procedures for paying such fees and costs are discussed in [[236.8 Relocation Assistance Program#236.8.10.3 Payment Computations|EPG 236.8.10.3(e)(1)]], and [[236.8 Relocation Assistance Program#236.8.12.3 Payment Computations|236.8.12.3]], that relate to increased interest and down payment assistance.<br /> <br /> If relocatees are eligible for '''a RHP based on &quot;new house construction''',&quot; they can claim reimbursement for expenditures they experience in obtaining a temporary construction loan as a part of their closing costs. The interest and/or incidental closing cost paid on temporary construction loans '''is not''' reimbursable when a DS&amp;S comparable replacement was available to relocatees who built their replacement by choice.<br /> <br /> The costs of obtaining a short-term loan obtained to cover the period while a relocation payment is being processed is not reimbursable.<br /> <br /> ===236.8.9.1 Payment Eligibility Requirements===<br /> <br /> Any relocatee who meets the eligibility requirements for either a RHP as discussed in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2]], or down payment assistance as discussed in [[236.8 Relocation Assistance Program#236.8.12.2 Payment Eligibility Requirements|EPG 236.8.12.2]], is also entitled to an incidental closing cost payment.<br /> <br /> ===236.8.9.2 Claim Forms===<br /> <br /> If the relocatees' eligibility for an incidental closing cost payment is based on their eligibility for a RHP, incidental closing costs must be included in their Replacement Housing Claim. If their eligibility for the closing cost payment is based on their eligibility for down payment assistance, the incidental closing costs must be included in their Down Payment Assistance Claim.<br /> <br /> '''(a) Instructions When Incidental Closing Costs Included With Replacement Housing Claim'''<br /> <br /> Space is included under the &quot;Computations&quot; section of Replacement Housing Claim [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Claim%20Form%20236.8.8.4.B.pdf Form 236.8.8.4(b)], on the sixth through tenth lines to include incidental closing costs.<br /> <br /> The ninth line is provided to include any other reimbursable incidental costs that do not fit into a category named on one of the preceding lines. Identify the incidental expenditures included on this line and show the total cost thereof in the blank space.<br /> <br /> The tenth line should include the totals of the previous four lines which is the total amount being claimed as incidental closing costs.<br /> <br /> All incidental closing costs claimed must be documented, either specifically set out on a closing statement attached to the original claim or by attached paid receipts.<br /> <br /> :'''(1) &quot;Nil&quot; RHP Due'''<br /> <br /> :If a &quot;nil&quot; RHP is involved, complete the heading of the claim form and the first two sections in the routine manner. Also complete the first two lines in the &quot;Computations&quot; section of the claim form in the routine manner and write &quot;nil&quot; in the two spaces on the third line and in the space on the fourth line. If an increased interest payment is applicable, show it in the space on the fifth line and complete the form accordingly. If an increased interest payment is not involved, write &quot;nil&quot; in this space and complete the form. Previously paid rental subsidy payments are always deducted from any payment computed on a Replacement Housing Claim Form. Incidental closing costs will not normally be paid separately from RHPs; both should be included on the same claim form. See NOTE A at the end of [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(d)]], if the subject was acquired by condemnation.<br /> <br /> :'''(2) Multiple Occupancy of Same Single - Family Dwelling Unit'''<br /> <br /> :Review [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(7)]] If a pro rata RHP is involved. Review [[236.8 Relocation Assistance Program#236.8.12.3 Payment Computations|EPG 236.8.12.3(1)]] if a pro rata down payment assistance is involved.<br /> <br /> :When two or more individuals and/or families occupy the same single-family dwelling unit are '''forced''' to separate after displacement because a replacement unit is not available which will house all parties involved, '''each''' eligible individual and/or family that purchases a DS&amp;S replacement dwelling will be entitled to a separate incidental closing cost payment based on the actual and reasonable closing costs the separate party experiences in purchasing its replacement dwelling.<br /> <br /> :Individuals and/or families who purchase and occupy separate replacement dwellings '''by choice''' are entitled to a pro rata incidental closing cost payment. Apply the following steps when determining the pro rata amount each separate party is entitled to receive as an incidental closing cost payment:<br /> <br /> :'''Step 1''': Determine the total applicable and reasonable incidental closing cost expenditure made on the purchase of a DS&amp;S replacement dwelling by the particular family (or individual) whose payment is being computed.<br /> <br /> :'''Step 2''': Determine the subject family's or individual's interest in the dwelling being acquired by the department in relation to the interests of the other families or individuals who jointly occupied the subject unit.<br /> <br /> :'''Step 3''': If the interests of all families or individuals involved are equal, determine the pro rata payment amount by dividing the total incidental closing cost expenditure of the individual and/or family whose payment is being computed by the total number of families or individuals who occupied the subject unit. If the various individuals and/or families had different degrees of interest in the subject dwelling, arrive at the pro rata payment by dividing the applicable incidental closing cost expenditure of the individual and/or family whose payment is being computed by the fractional interest that particular individual and/or family had in the subject property.<br /> <br /> :'''(3) Advance RHP Involved'''<br /> <br /> :Incidental closing costs cannot normally be included on advance replacement housing claims. Incidental costs must be submitted on a separate Replacement Housing Claim Form after the closing has occurred and after all applicable expenditures have been made.<br /> <br /> :The &quot;second&quot; replacement housing claim submitted for the purpose of claiming available incidental closing costs must be completed as if it was an original claim that includes the RHP, incidental closing costs and increased interest payment, from the beginning of the form to, but not including, the line under the &quot;Computations&quot; section headed &quot;TOTAL PAYMENT DUE.&quot; The fact that an advance RHP has been made will not affect either the computations or the manner in which the form is filled out to this point.<br /> <br /> :Change &quot;less previous rental subsidy payment&quot; to read &quot;less advance payments&quot; immediately preceding the above-mentioned line headed &quot;TOTAL PAYMENT DUE.&quot; Show the balance '''due''' on the existing line headed &quot;TOTAL PAYMENT DUE.&quot;<br /> <br /> :If the total balance due on the second claim, when added to the previously paid advance RHP, exceeds $31,000, see NOTE A in [[236.8 Relocation Assistance Program#236.8.8.1 General Policy|EPG 236.8.8.1]].<br /> <br /> :The &quot;second claim&quot; '''must''' include the total incidental closing costs the relocatee is qualified to receive. Additional claims will not be submitted for incidental closing costs.<br /> <br /> '''(b) Instructions When Incidental Closing Costs Included With Down Payment Claim'''<br /> <br /> Space is also included in Down Payment RA Claim [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Down%20Payment%20Claim%20Form%20236.8.12.5.pdf Form 236.8.12.5], under the &quot;Computations&quot; section, to enable a relocatee to include applicable incidental closing costs thereon.<br /> <br /> The information contained in the second, third, fourth and fifth paragraphs of preceding subparagraph (a) also apply when completing this form.<br /> <br /> There will be instances when down payments are processed and paid into escrow prior to the actual purchase of the replacement and prior to the time all applicable incidental expenditures have been made. When this occurs, '''do not''' include any incidental costs in the &quot;advance&quot; down payment claim. Submit a separate claim for incidentals on a down payment claim form after the closing has occurred and all expenditures completed. Place a note on the back of the claim form under &quot;Comments&quot; advising that the down payment had been previously claimed in advance of the closing.<br /> <br /> Be sure that the total of the &quot;advance&quot; down payment plus the incidental closing costs being claimed in the subject claim does not exceed the maximum payment that the relocatee is entitled to receive. If the total of the two payments does exceed the amount the relocatee is entitled to receive, adjust the incidental closing cost payment downward as necessary.<br /> <br /> If the incidental closing cost claim amount is adjusted, provide an explanation on the back of the claim form giving both the reason why and how the adjusted amount was established.<br /> <br /> In every instance when incidental closing costs are being claimed, after an &quot;advance&quot; down payment has been made, complete the claim form from its beginning through the line headed &quot;less previous rental subsidy payment&quot; as if an original claim including both a down payment and incidental closing costs were being prepared. Strike the existing wording on the above-referenced line relating to a previous rental subsidy payment and insert &quot;Less Previously Paid Advance Down Payment.&quot; If a previously paid rental subsidy payment is also involved, it will be necessary to add a line on the claim form for the purpose of deducting the previous down payment in lieu of changing the referenced line. The revised line will reflect the previously paid advance down payment and the next line will reflect the additional payment due on the subject claim, which will be the difference between the amounts on the previous two lines.<br /> <br /> '''(c) Relocatee Purchases Replacement in Partnership With Other Parties'''<br /> <br /> If qualified relocatees purchase their replacement dwelling in partnership with other parties who did not also own an interest in, and/or occupy the subject, their incidental closing cost payment will be limited to the portion of such costs which were their normal obligation to pay; in all probability the loan origination fee will be the only cost that will need to be prorated.<br /> <br /> '''(d) RHP Direct to Seller of Replacement Dwelling'''<br /> <br /> If the basic RHP was made directly to the seller of the replacement dwelling, see NOTE C, at the end of [[236.8 Relocation Assistance Program#236.8.8.4 RHP Claims|EPG 236.8.8.4(b)]]. If down payments made directly to sellers include incidental closing costs, no separate claim is necessary.<br /> <br /> ==236.8.10 Relocation Assistance Program - Increased Interest Payments==<br /> <br /> ===236.8.10.1 General===<br /> <br /> Increased interest payments are available to eligible displaced 90-Day owner-occupants of residential property. These payments are intended to compensate owners for the additional expense that may be encountered due to a higher interest rate for a new mortgage on a replacement residential property.<br /> <br /> The payment will be the amount that will reduce the balance on a new mortgage to an amount that could be amortized with the same monthly payment for principal and interest as that for the mortgage(s) on the displacement dwelling.<br /> <br /> ===236.8.10.2 Payment Eligibility Requirements===<br /> <br /> To be eligible all of the following conditions must exist.<br /> <br /> :'''(1)''' The relocatee must have been an owner-occupant for more than 90 days prior to the date of the initiation of negotiation or the date of the Notice of Intent to Acquire-Relocation.<br /> <br /> :'''(2)''' The relocatee must have purchased and occupied a suitable replacement dwelling within the prescribed time limits.<br /> <br /> :'''(3)''' The mortgage or contract of sale must be bona fide and have been a valid lien for not less than 90 days prior to the date of negotiations or the date of the Notice of Intent to Acquire-Relocation. All mortgages shall be used to compute the payment.<br /> <br /> :'''(4)''' There must be a mortgage or contract of sale on the replacement dwelling.<br /> <br /> :'''(5)''' Mortgages or similar notes used to purchase mobile homes are mortgages for the purpose of this procedure.<br /> <br /> :'''(6)''' Temporary construction loans and short-term notes covering the period relocation payments are being processed will not be considered on any increased interest computation.<br /> <br /> When a 90-Day owner-occupied residential dwelling is included in a partial acquisition from a larger property and the mortgage holder requires the owners to pay off any part of their existing mortgage they may be eligible for an increased interest payment. Instructions concerning this situation are included later in this section.<br /> <br /> '''NOTE''': If the mortgages on the subject property and/or replacement property are not in the relocatees' name, present all facts to the Right of Way Section in writing and request a decision concerning their eligibility for an increased interest payment. In every case the relocatees must be legally obligated to pay both mortgages involved to be eligible for this type payment.<br /> <br /> ===236.8.10.3 Payment Computations===<br /> <br /> '''(a) When to Compute Payments'''<br /> <br /> Displaced owners must be advised of the estimated amount of this payment and the conditions that must be met to receive it. This must be done as soon as owners provide the necessary information on their existing mortgage to their relocation agent. Displaced owners will receive an eligibility notice which advises them to contact the department immediately after they have signed a contract to purchase their replacement residence to obtain an estimate. The actual payment may be provided at the closing on the replacement residence if requested by the owners. The RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/New%20Mortgage%20Toolbox%20Form%20236.8.10.3.E.1.pdf Form 236.8.10.3(e)(1)], input sheet and the [[media:RW Mortgage Analyzer1.xls|&quot;New Mortgage Tool Box&quot;]] computer program should be used to calculate this estimate and the actual payment. In order for the &quot;New Mortgage Tool Box&quot; to function, the user must perform the following steps to enable the macros to run:<br /> <br /> ::1) Go to the &quot;Options&quot; box of the files Main Menu page;<br /> <br /> ::2) a Security Alert box will open. Click &quot;Enable this content&quot;<br /> <br /> ::3) Then hit &quot;OK&quot; at the bottom of the Security Alert box. <br /> <br /> '''(b) Payments Computed By Whom'''<br /> <br /> Any qualified member of the district right of way staff is authorized to compute increased interest payments. The payment should be computed by one staff member and checked for accuracy by another.<br /> <br /> '''(c) General Explanation of Payment Amounts'''<br /> <br /> Relocatees are entitled to an increased interest payment if the interest rate applicable to the mortgage on their replacement property has been increased above the rate charged on the mortgage on their existing residential property. Increased interest payment computations are based on the remaining term of the existing mortgage or on the actual term of the new mortgage, whichever is the lesser, and on the unpaid balance of the existing mortgage or on the actual amount of the new mortgage, whichever is the lesser.<br /> <br /> The relocatees are also entitled to reimbursement for the actual amount '''they''' paid as &quot;points&quot; on the amount refinanced and for any amount '''paid by them''' as an origination or service fee; '''however''', reimbursement for points and origination or service fees cannot exceed the amount normally charged as points and fees in the area where the replacement dwelling is located based on the original mortgage balance on the subject residential property.<br /> <br /> '''NOTE''': Increased interest payments exclusive of points and fees cannot exceed the amount of the new mortgage on the replacement dwelling or the unpaid balance of the existing mortgage on the dwelling acquired as right of way.<br /> <br /> '''(d) Conditions Concerning &quot;New Mortgage&quot;'''<br /> <br /> :'''(1)''' The interest rate applicable to the replacement dwelling, to be used in the increased interest payment computations, shall be the actual rate of the new mortgage or the prevailing interest rate currently being charged by mortgage lending institutions in the area where the replacement is located, whichever is the lesser. In no case, unless both the subject dwelling and replacement dwelling are mobile homes, can the &quot;new mortgage&quot; interest rate used in the payment computations exceed the maximum interest rate allowed by law for real estate loans in the state where the replacement unit is located. If '''both''' the subject and replacement dwellings are mobile homes, and the &quot;new mortgage&quot; interest rate exceeds the maximum rate permitted by state law for real estate loans, provide all pertinent facts to the Right of Way Section.<br /> <br /> :The rate in effect on the existing mortgage when the subject property was acquired will be used in increased interest computations.<br /> <br /> :'''(2)''' The prevailing interest rates currently being charged by mortgage institutions in the project area must be established. The unit file must be documented to show how the prevailing rates were determined.<br /> <br /> '''(e) Payment Computation Procedures''' ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/New%20Mortgage%20Toolbox%20Form%20236.8.10.3.E.1.pdf RA Form 236.8.10.3(e)(1)])<br /> <br /> Increased interest payment computations are based on the remaining term of the existing mortgage on the subject dwelling or on the actual term of the new mortgage on the replacement dwelling, whichever is the lesser, and on the unpaid balance of the existing mortgage or on the actual amount of the new mortgage, whichever is the lesser.<br /> <br /> :'''(1) New Mortgage Tool Box Input Sheet (RA Form 236.8.10.3(e)(1)).'''<br /> <br /> :This form has been designed for use in computing all increased interest estimates and payments. By completing the blanks on the input sheet and following the instructions on the computer screen amounts can be accurately computed.<br /> <br /> :Relocatees must provide district personnel with the following documents:<br /> <br /> ::'''(I)''' for estimates or payments, a copy of all Notes and Deeds of Trust and current payoff amounts on existing mortgages on subject property,<br /> <br /> ::'''(II)''' for payments, a copy of the loan application and commitment,<br /> <br /> ::'''(III)''' for payments, a copy of all Notes and Deeds of Trust on new mortgages, replacement property,<br /> <br /> ::'''(IV)''' for payments, a copy of estimated closing costs, <br /> <br /> ::'''(V)''' for payments, a copy of the closing statement covering the replacement property purchase which clearly reflects any origination or loan service fees and/or any &quot;points&quot; paid by the relocatee.<br /> <br /> :Use Section A of the input form for estimates and Section B for actual payment computations.<br /> <br /> :As soon as the computations are completed, the relocatee should be provided two copies of all &quot;Increased Interest Computations,&quot; one for their file and the other for attachment to their replacement housing claim.<br /> <br /> :'''(2) Acquisition Includes Residential Property Plus Other Lands'''<br /> <br /> :When the subject dwelling is located on a parcel that is larger in size than a normal residential building lot in the area, the unpaid balance of the existing mortgage to be used must be reduced to the percentage ratio that the value of the residential property bears to the total value of the entire parcel. Instructions in the following subparagraphs explain how such percentage ratio is determined.<br /> <br /> :It is assumed that the existing mortgage encumbers the entire parcel including both the designated residential property and the other lands. Should the existing mortgage cover only the residential property, ignore the other lands and compute the payments in the normal manner.<br /> <br /> ::'''Step 1''': Determine the total value of the entire property as established by the appraisal process. The conclusion should be based on the appraisal upon which the final approved negotiating offer was based.<br /> <br /> ::'''Step 2''': Determine what amount of the total property value established in Step 1 is chargeable to the residential property. Apply the principles discussed in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(2)]], in making this determination.<br /> <br /> ::Use the designated value of the residential property as previously established when the relocatees' RHP '''offer''' was computed.<br /> <br /> ::'''Step 3''': Determine the percentage ratio of the assigned value of the residential property to the total value of the entire property. Divide the assigned value of the residential property as determined in Step 2 by the total value of the entire parcel as established in Step 1. Round to the second decimal point.<br /> <br /> ::'''Step 4''': Apply the percentage ratio from Step 3 to the total remaining unpaid balance and principle and interest payment of the existing mortgage on the subject parcel.<br /> <br /> '''NOTE''': If the portion of the unpaid mortgage balance that is chargeable to the residential property exceeds the portion of the total property value that is chargeable to such residential property, the increased interest payment must be computed according to instructions in Situation C in following subparagraph (5).<br /> <br /> ::'''Step 5''': Use the figures arrived at in above Step 4 on Input Sheet and compute the relocatees' increased interest payment by completing the computation sheet in the routine manner.<br /> <br /> :'''(3) Partial Acquisition of Residential Property Plus Other Lands'''<br /> <br /> :If the relocatees are required to pay off their entire existing mortgage balance due to the right of way acquisition, compute the increased interest payment by applying the procedure discussed in preceding subparagraph (2).<br /> <br /> :Should the lender require that only a portion, or none, of the existing mortgage balance be paid off as a result of the acquisition or if the relocatees paid off the entire existing balance by choice, the increased interest payment will be computed in the following manner:<br /> <br /> ::'''Step 1''': Determine the before value of the entire property as established in the appraisal process. This conclusion should be based on the appraisal upon which the final approved negotiating figure was based. Follow the principles discussed in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(2)]], for prorating right of way offers in making this determination as well as the determination required in following Step 2.<br /> <br /> ::'''Step 2''': Request the appraiser to determine the portion of the total right of way offer exclusive of administrative adjustments that is chargeable to the residential property including damages to the remainder of the residential property.<br /> <br /> ::'''Step 3''': Divide the amount from Step 2 by the total value established in Step l.<br /> <br /> ::'''Step 4''': Apply the percentage ratio from Step 3 to the total unpaid balance and the principle and interest payment of the existing mortgage.<br /> <br /> ::'''Step 5''': Use the amounts arrived at in Step 4 in the Input Sheet and compute the relocatees' increased interest payment in the routine manner.<br /> <br /> :'''(4) Dwelling on Land with Higher and Better Use'''<br /> <br /> :If the subject dwelling is located on a parcel where the fair market value is established on a higher and better than residential use, and if the existing mortgage is based on residential value, the increased interest payment will be computed in the routine manner.<br /> <br /> :If the existing mortgage is based on the higher and better use value, and if the remaining unpaid balance of the existing mortgage exceeds an amount that would be a reasonable loan on the property for residential purposes, request assistance from the Right of Way Section.<br /> <br /> :'''(5) Multi-Use Properties (Joint Use - Residential and Business)'''<br /> <br /> :When a property which includes both an owner-occupied residential dwelling and a business is affected by a right of way acquisition, and the entire parcel is encumbered by a mortgage, the relocatees' increased interest payment will be computed by following whichever of the following procedures is applicable.<br /> <br /> :The definition of &quot;residential property&quot; as used in the preceding subparagraphs may not be fully applicable when this type of multi- use property is involved. For example, it is possible that none of the land area should be included in the residential property. This would be the case when a living quarter is located on the second floor of a building which, together with the entire land area in the parcel, is being used in conducting a business operation. It is therefore proper to use the same living quarters in computing the increased interest payment that was used in computing the relocatees' RHP offer. (Review [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(6)]].)<br /> <br /> ::'''Situation A''': Total Acquisition of Entire Property.<br /> <br /> ::Follow the same procedure explained in preceding subparagraph 2.<br /> <br /> ::'''Situation B''': Entire Acquisition of Residential Property Plus Partial Acquisition of Business Property.<br /> <br /> ::Follow the same procedure explained in preceding subparagraph 2.<br /> <br /> ::'''Situation C''': Partial Acquisition of Residential Property Plus Either Partial or Total Acquisition of Business Property.<br /> <br /> ::Follow the same procedure explained in preceding subparagraph 3.<br /> <br /> :'''(6) Multi-Occupancy of Same Single-Family Dwelling'''<br /> <br /> :The procedures in this subparagraph relate to situations in which two or more relocatees that do not maintain separate households are displaced from the same single-family dwelling that they jointly owned and occupied.<br /> <br /> :Several different sets of circumstances can be encountered when a multi-occupancy of this type is involved. Compute the relocatees' increased interest payment by applying the following procedures.<br /> <br /> :The following procedures are written under the assumption that all relocatees involved are named in the existing mortgage:<br /> <br /> :If a comparable replacement dwelling is available and if they purchase and occupy a single-family replacement dwelling and encumber it with a bona fide mortgage, they will be entitled to '''one''' joint increased interest payment computed in the routine manner.<br /> <br /> :Should the relocatees purchase and occupy different replacement dwellings, the joint payment will be prorated based on their percentage of ownership.<br /> <br /> :'''(7) Replacement Property Includes &quot;Residential Property&quot; Plus Other Lands'''.<br /> <br /> :Under this circumstance, only the portion of the new mortgage on the replacement property that is chargeable to the &quot;residential property&quot; is to be used in the payment computations. Compute the payment in the routine manner discussed in preceding subparagraph (2) '''with the following exception''':<br /> <br /> :A determination will already have been made on the portion of the entire purchase price paid for the replacement property that is chargeable to the residential property. Divide the portion of the purchase price charged to the residential property, as discussed in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(9)]], by the total purchase price to determine the percentage ratio that is to be used in this increased interest payment computation. Apply the resulting percentage ratio to the total amount of the new mortgage and principal and interest payment on the replacement property to determine the portion thereof that is chargeable to the residential property and enter the resulting figures on the input sheet.<br /> <br /> :'''(8) Replacement is a Multi-Use Property (Joint Use--Residential and Business)'''<br /> <br /> :The instructions in subparagraph (5) or (7) are also fully applicable when the replacement is used jointly as a residence and business property.<br /> <br /> :'''(9) Owner Retains and Moves Subject Dwelling'''<br /> <br /> :If 90-Day owner-occupants retain and move their dwelling and encumber it with a new mortgage, they will be eligible for a payment computed in the same manner as if they had purchased a replacement dwelling.<br /> <br /> :'''(10) Owner Builds New Replacement Dwelling'''<br /> <br /> :The same principles apply for computing an increased interest payment under this situation as was discussed in preceding subparagraph (9).<br /> <br /> :'''(11) Life Estates and Lessees Qualified as Owners'''<br /> <br /> :Should a situation be encountered where either the owner of a life estate or lessee may be entitled to a payment of this type, submit all facts in writing to the Right of Way Section and request specific instructions.<br /> <br /> :'''(12) Mobile Homes'''<br /> <br /> :Various combinations of financing may be encountered on mobile homes. If a site and mobile home are financed separately, it will be necessary to compute separate increased interest payments for each. Normally the financing terms existing on the displacement dwelling will set the upper limit on the terms to be used in computations. If questions develop concerning how to compute payments, request assistance from the Right of Way Section.<br /> <br /> :'''(13) Remainder of Subject Parcel Refinanced After Right of Way Acquisition - Partial Acquisition Involved'''<br /> <br /> :If relocatees move their existing dwelling to the remainder of their parcel, consider the mortgage that was in effect at the time of the acquisition as the &quot;existing mortgage on the subject dwelling&quot; and the new mortgage, or second mortgage, as the &quot;new mortgage on the replacement dwelling&quot; when computing the payment.<br /> <br /> :'''(14) Relocatees Assume Existing Mortgage on Replacement Property'''<br /> <br /> :If eligible relocatees assume a mortgage that already existed on the property they purchased as a replacement, consider it as the &quot;new mortgage on the replacement dwelling.&quot; The remaining unpaid balance at the time the mortgage is assumed by the relocatee and its remaining term will be used in computing the payment.<br /> <br /> :'''(15) Relocatees Purchase Replacement in Partnership With Other Parties'''<br /> <br /> :If eligible relocatees purchase their replacement dwelling in partnership with other parties who did not also own an interest in, and occupy the subject, their increased interest payment will not be affected '''if''' the new mortgage does '''not''' include such other parties as mortgagors.<br /> <br /> :If the &quot;other parties&quot; are included as mortgagors in the new mortgage and thereby assume a part of the mortgage payment obligation, the subject relocatees' payment will be limited to the portion of the increased interest costs that will be their obligation to pay.<br /> <br /> :When the latter situation exists, compute the amount that the subject relocatees are entitled to receive as an increased interest payment in the following manner.<br /> <br /> ::'''Step 1''': Compute the routine increased interest payment that would have been due had such other parties not been involved in the normal manner.<br /> <br /> ::'''Step 2''': Determine the percent of ownership that the relocatees acquired in the replacement property.<br /> <br /> ::'''Step 3''': Apply the percentage figure arrived at in Step 2 to the computed increased interest payment arrived at in Step 1 to determine the portion of such payment that the subject relocatees are entitled to be paid.<br /> <br /> ::'''Step 4''': Include the amount arrived at in Step 3 on line 5 of the &quot;Computations&quot; section of the relocatees' RHP claim.<br /> <br /> :The unit file must be documented to reflect and support the above computations.<br /> <br /> :'''(16) Subsidized Interest Rates Involved'''<br /> <br /> :In some instances, for example, when an &quot;FHA 235&quot; loan is involved, a part of the relocatees' mortgage interest payment will be subsidized by a governmental agency. If so, request increased interest computations from the Right of Way Section.<br /> <br /> :'''(17) Mortgages Due &quot;On Demand&quot; - No Payment Schedule or Loan Term Shown'''<br /> <br /> :If one of the mortgages involved is due on demand, no payment schedule or loan term will normally be provided. As a consequence, it will not be possible to determine the remaining term of that mortgage.<br /> <br /> :When this situation is encountered, the relocatees' increased interest payment will, WITH THE FOLLOWING EXCEPTIONS, be computed in the routine manner.<br /> <br /> ::'''Exception 1''': If the existing mortgage on the subject property is due on demand, the payment will be computed on the term of the new mortgage on the replacement.<br /> <br /> ::'''Exception 2''': If the new mortgage on the replacement property is due on demand, the payment will be computed on the basis of the remaining term of the existing mortgage.<br /> <br /> :If both the existing mortgage on the subject property and the new mortgage on the replacement are due on demand with no loan term shown, it will not be possible to compute an increased interest payment and it will not be possible for the department to make an increased interest payment to the relocatees involved. The relocatees could be reimbursed for the points and origination or service fees they paid in obtaining their new mortgage, subject to the maximum payment limitation discussed in EPG 236.8.10.3(c), for points and fees.<br /> <br /> :'''(18) Mortgagee (Lender) Has Right to Adjust Mortgage Interest Rate'''<br /> <br /> :Mortgages sometimes give the lender the right to adjust the interest rate at a later date. If the existing mortgage on the subject property contains this provision, use the interest rate and balance that was in effect at the time the property was acquired by the department when computing the increased interest payment. Advise the Right of Way Section, prior to making any commitment to the relocatees, of any interest rate adjustment that is made after the initiation of negotiations for the subject parcel if the adjustment increases the amount of the relocatees' increased interest payment.<br /> <br /> :If the new mortgage on the replacement property contains this provision, use the original interest rate that was in effect at the time the mortgage was made. Do not consider adjustments made between the time the new mortgage was made and the time the increased interest payment is claimed without specific concurrence from the Right of Way Section.<br /> <br /> :'''(19) Displaced Owner Occupies Previously Owned Dwelling Unit as Replacement'''<br /> <br /> :Otherwise eligible relocatees will not be entitled to an increased interest payment if they move to a dwelling they previously owned, as discussed in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2(g)]], even though they place a new loan, or refinance an existing loan, on the replacement unless the funds from such loan or refinancing are used to make necessary decent, safe and sanitary improvements to the property. Only the portion of the new or refinanced loan that is used to make the necessary DS&amp;S improvements will be used in the Interest Computation. Reimbursement for points and origination or service fees will be limited accordingly.<br /> <br /> :'''(20) Mortgage Payment Made on Other Than Monthly Basis'''<br /> <br /> :Contact the Right of Way Section for guidance.<br /> <br /> :'''(21) Two or More Mortgages on Same Property'''<br /> <br /> :Same as preceding subparagraph (20).<br /> <br /> :'''(22) Graduated Mortgage Payments'''<br /> <br /> :Same as preceding subparagraph (20).<br /> <br /> ===236.8.10.4 Advanced Increased Interest Payments===<br /> <br /> Do not attempt to compute the increased interest payment until the unpaid balance and remaining term of the existing mortgage on the displacement dwelling can be firmly established.<br /> <br /> :'''(a)''' The relocatees must select a replacement dwelling, sign a contract to purchase it, obtain a loan commitment from agency which will finance the purchase, then notify the relocation agent that these actions have been accomplished.<br /> <br /> :Information provided by the relocatees must be confirmed by the lending agency.<br /> <br /> :The relocation agent should then compute the increased interest payment.<br /> <br /> :'''(b)''' Advance increased interest payments are to be claimed on the RA Claim [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Claim%20Form%20236.8.8.4.B.pdf Form 236.8.8.4(b)]. Complete the claim form in the normal manner, as if the replacement dwelling had been purchased, occupied and encumbered with a bona fide mortgage with the following exceptions:<br /> <br /> ::'''(1)''' Under the section of the claim headed &quot;Replacement Property,&quot; insert the words &quot;see comments&quot; in the spaces provided to show &quot;Date Purchased&quot; and &quot;Date Occupied.&quot;<br /> <br /> ::'''(2)''' In the second space on the first line under the &quot;Computations&quot; section, show the agreed purchase price that is being paid for the replacement dwelling.<br /> <br /> ::'''(3)''' On the lines relating to incidental closing costs, insert the words &quot;to be claimed later.&quot;<br /> <br /> ::'''(4)''' Check all applicable boxes on the back of the claim form. Those which cannot be checked, due to the claim being for an advance payment, should be marked &quot;see comments.&quot;<br /> <br /> ::'''(5)''' Under Comments explain that (1) this is an advance claim, (2) the missing documentation will be obtained and made a part of the unit file, and (3) the omitted information will be included in the claim for incidental closing costs which will be filed at a later date. The district must ensure that such information is obtained and made a part of the unit file.<br /> <br /> :'''(c)''' Advise the relocatees when the relocation payment check is received in the district office so they can arrange for the closing if it has not already been scheduled.<br /> <br /> :'''(d)''' The relocatees must sign two copies of the advance payment agreement. This can be accomplished at any time prior to delivery of the check; however, it is preferable that the agreement be completed at or near the date of closing so that firm deadline dates can be established. Use whichever of the following agreements that is applicable.<br /> <br /> ::'''(1)''' If the advance payment includes both a replacement housing and increased interest payment, use the agreement, [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Advance%20Replacement%20Housing%20and%20Increased%20Interest%20Pmt%20Agreement%20Form%20236.8.10.4.D.1.pdf Advance Replacement Housing and Increased Interest Payment Agreement (Form 236.8.10.4(d)(1))], headed &quot;Advance Replacement Housing and Increased Interest Payment Agreement.&quot; Instructions for completing the agreement are provided on the back of Form 236.8.10.4(d)(1).<br /> <br /> ::'''(2)''' If relocatees who are not entitled to a RHP (nil computation), but are entitled to an increased interest payment and request an advance payment, use the agreement identified as [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Advance%20Increased%20Interest%20Payment%20Agreement%20Form%20236.8.10.4.D.2.pdf Advance Increased Interest Payment Agreement (Form 236.8.10.4(d)(2))]. The instructions for completing Form 236.8.10.4(d)(1) provide adequate guidance for completing this agreement.<br /> <br /> :When only an advance RHP is involved, no advance increased interest payment, continue using the Replacement Housing Possession Agreement, and instructions for its use, as provided in [[236.8 Relocation Assistance Program#236.8.8.1 General Policy|EPG 236.8.8.1(c)]].<br /> <br /> :'''(e)''' An informed department representative should hand-carry the check to the closing. The check can be released as soon as title passes to the relocatees, provided the department representative confirms that the information used in computing the payments and that contained in the advance payment agreements are accurate in relation to the actual transaction.<br /> <br /> :'''(f)''' District personnel must follow through to ensure that terms of the agreement are fully complied with. Should the relocatees default, request instructions from the Right of Way Section for recovering the advance payment.<br /> <br /> ===236.8.10.5 Claim Form===<br /> <br /> '''(a) Included on Replacement Housing Claim Form'''<br /> <br /> The increased interest payment is to be inserted on line 5 under the &quot;Computations&quot; section of the subject relocatees' &quot;Replacement Housing Claim Form&quot; and added to and made a part of the RHP.<br /> <br /> Copies of all applicable &quot;Increased Interest Computation Sheets&quot; must be attached to the claim form submitted by the relocatee to the district office together with the supporting documentation.<br /> <br /> Eligible relocatees can be reimbursed for their loan origination or loan service fees and points even though they are not entitled to an increased interest payment based on higher interest rates. Under this circumstance, the &quot;fees and points&quot; payment '''would be''' shown on line 5 under the &quot;Computations&quot; section of the relocatees' replacement housing claim. A statement should be included under &quot;Comments&quot; on the claim form advising that the amount included in the claim as an increased interest payment covers only reimbursement for loan fees and/or points.<br /> <br /> '''(b) Condemnation Involved'''<br /> <br /> The fact that the subject property was acquired through condemnation has no effect on the increased interest payment. The payment will be claimed on the &quot;Replacement Housing Claim,&quot; regardless of whether the claim is filed before or after the case is finally settled. The increased interest payment amount will not be changed or affected even though the final RHP amount may be adjusted due to the amount of the final right of way settlement.<br /> <br /> '''(c) &quot;Nil&quot; RHP Due'''<br /> <br /> If a &quot;nil&quot; RHP is involved, complete the heading of the claim form and the first two sections in the routine manner. Also complete the first two lines in the &quot;Computations&quot; section of the claim in the routine manner and write &quot;nil&quot; in the two spaces on the third line. Also insert &quot;nil&quot; on line 4.<br /> <br /> Insert the increased interest payment due the relocatees on line 5.<br /> <br /> If incidental closing costs are involved, complete the portion of the claim applicable thereto.<br /> <br /> Add the increased interest payment and the incidental closing costs and reflect the total on the line headed &quot;Total of Above Three Payments.&quot; This amount would be the &quot;Total Amount Due&quot; '''unless''' a previous rental subsidy payment had been made, in which case, that payment would be deducted from the subject payment on line 12. If the balance is &quot;zero&quot; after making the deduction, no additional payment will be made to the relocatee in response to the subject claim.<br /> <br /> ==236.8.11 Relocation Assistance Program-Rental Subsidy Payments==<br /> <br /> ===236.8.11.1 General Policy===<br /> <br /> Individuals and families displaced from dwelling units they have rented and occupied for not less than 90 consecutive days prior to the initiation of negotiations for the parcel, and displaced 90-Day owners who rent rather than purchase replacement housing, are entitled to a rental subsidy payment if they meet the payment eligibility requirements outlined in the following paragraphs.<br /> <br /> When displaced tenants are involved, payments of this type are based either on the increased monthly rental costs above the rental they were paying for the unit acquired that they would have to pay over 42 months for an available comparable DS&amp;S replacement dwelling unit, or the increased rental for 42 months that the tenants actually pay for their replacement dwelling unit, whichever is the lesser.<br /> <br /> For owners who rent rather than purchase replacement dwelling units, the same principle is applied. The payment will be based on either the difference between the economic rental fee of the subject dwelling and the actual rental fee charged for the most nearly comparable DS&amp;S replacement dwelling available, or the difference between the economic rental fee and the actual rental fee paid for the replacement unit, whichever is the lesser.<br /> <br /> Rental subsidy payments cannot normally exceed a maximum of $7,200. The total amount due will be paid in one lump sum '''unless''' the department determines that it should be made in installments.<br /> <br /> ===236.8.11.2 Payment Eligibility Requirements===<br /> <br /> '''(a) Tenants'''<br /> <br /> :'''(1) Prior Occupancy Requirements'''<br /> <br /> :The individual or family being displaced must have rented and legally occupied the subject dwelling unit for at least 90 consecutive days immediately prior to the initiation of negotiations for the property, or if they are provided a &quot;Notice of Intent to Acquire-Relocation&quot; by the department, they must have rented and occupied it for at least 90 consecutive days prior to the date they actually vacated the property '''if''' it was vacated prior to the actual initiation of negotiations.<br /> <br /> :If any doubt exists concerning the actual length of time tenants occupied a subject dwelling, their landlord should confirm the date of occupancy and the file documented accordingly.<br /> <br /> :When an owner-occupied mobile home that is personal property must be removed from a rented site, the '''site occupancy period''' is the controlling factor. The relocatees must have occupied a mobile home on the subject site for the required 90-day period. The relocatees' rental subsidy payment will be based solely on the site rental. If the mobile home is being displaced from a site in a mobile home park, the relocatees' consecutive occupancy of other sites, also within the acquisition during the required 90-day period, can be added to the occupancy period of the subject site when determining if the 90-day occupancy requirement has been met.<br /> <br /> :If both the mobile home and site are rented, the relocatees' rental subsidy payment will be based on the rental fee of a replacement mobile home and site '''if''' they occupied a mobile home on the subject site for the required 90-day period. Consecutive occupancy of other sites that are also being acquired by the department can be considered when determining the relocatees' applicable occupancy period.<br /> <br /> :In determining the applicable occupancy period of a relocatee who is being displaced from a unit in a multi-unit residential complex, it is permissible to consider consecutive occupancy of other units that are also being acquired or demolished by the project.<br /> <br /> :'''(2) Occupancy Required at Initiation of Negotiations'''<br /> <br /> :The tenants must have been in legal occupancy of the subject dwelling unit at the initiation of negotiations for that particular parcel, or if they are provided a &quot;Notice of Intent to Acquire-Relocation,&quot; at the time they receive the notice.<br /> <br /> :Confirmation that tenants actually occupied a subject dwelling unit at the initiation of negotiations should be obtained from their landlord and the file noted unless the relocation agent has firsthand knowledge of this fact through contacts with the tenants.<br /> <br /> :'''(3) Decent, Safe and Sanitary Replacement Must Be Rented and Occupied Within One Year'''<br /> <br /> :The relocatees must rent and occupy a DS&amp;S replacement dwelling within one year after they move from the subject dwelling. Owner-occupants must rent and occupy a DS&amp;S replacement within one year after the later of (1) the date they receive final payment for the displacement dwelling, or (2) the date they move from the displacement dwelling.<br /> <br /> :The preceding one-year time period may, with prior approval from the Right of Way Section, be extended for good cause.<br /> <br /> :'''(4) Replacement Must Meet Decent, Safe and Sanitary Standards'''<br /> <br /> :A relocatee must rent and occupy a replacement dwelling that meets decent, safe and sanitary standards, as defined in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(j)]], to be eligible for a rental subsidy payment.<br /> <br /> '''(b) Long-Term Owners'''<br /> <br /> &quot;Long-term&quot; owner-occupants who are '''eligible''' for a RHP can elect to rent in lieu of purchasing a replacement dwelling unit and qualify for a rental subsidy payment provided that they rent and occupy a DS&amp;S replacement within the required one-year period. <br /> <br /> They are entitled to the full amount of their rental subsidy payment, normally not to exceed the $7,200 maximum allowed for this type payment, except under the provisions of the Last Resort Housing program. Under no circumstances can a rental subsidy payment exceed the amount the relocatees would have received as a RHP. <br /> <br /> If the relocatees later decide to purchase a replacement '''within''' the original one-year period, they can do so and claim a RHP. The amount of any rental subsidy payment previously paid must be deducted from the RHP, incidental closing cost and increased interest payments.<br /> <br /> '''(c) Sleeping Room'''<br /> <br /> Displaced tenants of sleeping rooms who meet the payment eligibility requirements outlined in preceding EPG 236.8.11.2(a), are entitled to a rental subsidy payment.<br /> <br /> '''(d) Deadline For Filing Claims'''<br /> <br /> Rental subsidy payment claims must be filed with the department no later than six months after the expiration of the previously discussed one-year period. This time period can be waived for good cause with concurrence from the Right of Way Section.<br /> <br /> '''(e) Church Parsonages and &quot;Company-Owned&quot; Residential Properties'''<br /> <br /> Relocatees displaced from church-owned parsonages, or from other dwelling units owned by their employers and provided to them without cost, are not entitled to a rental subsidy payment if they are also provided a replacement dwelling unit by their employer, without cost, after the acquisition.<br /> <br /> '''(f) Mobile Homes'''<br /> <br /> :'''(1) Relocatee Owns Subject Mobile Home - Rents Site'''<br /> <br /> :The owner-occupants of a mobile home classified as personal property who rent the site upon which it is located can qualify for a rental subsidy payment covering the '''site only'''.<br /> <br /> :The owner-occupants of a mobile home classified as real estate located on a rented site can be paid a rental subsidy payment based on a replacement rental site if their mobile home was acquired.<br /> <br /> '''NOTE''': A mobile home park entrance fee that '''is not''' refundable to the relocatees can be added to their rental subsidy payment. Reimbursement for these fees '''cannot''' exceed the fee charged by the selected comparable replacement mobile home park that was used in computing the rental subsidy payment offer.<br /> <br /> :Should the owner-occupants sell, rent out or otherwise dispose of the mobile home after the initiation of negotiations or after receipt of a &quot;Notice of Intent to Acquire-Relocation,&quot; they will still be eligible for their computed rental subsidy payment offer.<br /> <br /> :'''(2) Relocatee Rents Subject Mobile Home and Site'''<br /> <br /> :If eligible relocatees rent both the subject mobile home and the site upon which it is located, their rental subsidy payment offer will be based on the rental fee of the most nearly comparable DS&amp;S replacement mobile home and site available, or if more practical, on the rental fee of a conventional DS&amp;S dwelling unit.<br /> <br /> ===236.8.11.3 Computations - Rental Subsidy Payment Offers===<br /> <br /> '''(a) Information Necessary to Compute Rental Subsidy Payment Offers'''<br /> <br /> The following facts must be established prior to the computation of a rental subsidy payment offer.<br /> <br /> :'''(1) Existing Rental Rate'''<br /> <br /> :When a tenant is involved it is necessary to determine the average monthly rental rate that was being paid by the relocatee during the three months immediately prior to the month in which the department initiated negotiations for the subject property or, if a tenant received a Notice of Intent to Acquire-Relocation and vacated the subject unit prior to the initiation of negotiations the average monthly rental rate for the three months immediately prior to the month in which the tenant vacated the subject property, whichever occurred first.<br /> <br /> :The existing rental rate shall include any rent supplements supplied by others (except government subsidies (see EPG 236.8.11.3(9)(b)) when, by law, such supplement is to be discontinued upon vacation of the subject property. If the rental fee was changed during the referenced three-month period, add the rental rates applicable for each month together and divide the total by three to arrive at the average rate. If it appears that the rate was changed without good cause and possibly for the purpose of influencing the amount of the potential rental subsidy payment, advise the Right of Way Section.<br /> <br /> :The relocatees should furnish the department a copy of their lease if available. If not, they should provide copies of current rent receipts to document the amount of the existing rental rate. If neither are available, or if the amount of the existing rental rate is not clearly defined in available documentation, the existing rate should be confirmed by both the tenant and the landlord and the file documented to show that such action was taken. Under the latter circumstance, a signed statement by the department employee who made the determination showing who was contacted, dates of contacts, how made, stated rental fees and other pertinent facts is acceptable.<br /> <br /> :If there are discrepancies in available documentation, use the economic rental fee that is applicable to the subject unit and document the file accordingly.<br /> <br /> '''NOTE''': If the average rental rate in effect during the three-month period discussed in this subparagraph is not truly representative of the actual rental being paid by a relocatee for a subject unit, it will be permissible, with prior written approval from the Right of Way Section, to use another more appropriate time period in determining the proper existing rental rate. If a truly representative existing rental rate cannot be established by using a different time period, obtain authority from the Right of Way Section to use the documented economic rental rate that is applicable to the subject unit.<br /> <br /> :'''(2) Economic Rental Rate'''<br /> <br /> :The term &quot;economic rental&quot; as used herein is the normal monthly rental fee being paid on the open market for similar dwelling units within the area.<br /> <br /> :Determine if the relocatees' existing average monthly rental fee is substantially less than the economic rent applicable to the displacement unit. If so and the displaced tenant pays substantially less than the economic rent applicable to the displacement unit, the economic rent applicable to the unit will be used in the rental supplement payment computations in lieu of the &quot;average monthly rental rate.&quot;<br /> <br /> :Should this policy place an unfair hardship on the relocatee, recommend a different procedure to the Right of Way Section that will produce a more equitable payment. Normally the only exceptions will be (1) when the tenant is enjoying a &quot;favored-tenant&quot; status earned by being an exceptionally good tenant and so recognized by the landlord, and (2) when the existing rent is being subsidized by others who '''by law''' cannot continue the subsidy after relocation.<br /> <br /> :'''(3) Rental Fee Charged For Most Nearly Comparable Replacement Available'''<br /> <br /> :The rental fee for the most nearly comparable DS&amp;S replacement dwelling unit that is available for rent must be established by analyzing comparables in much the same manner as discussed in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)]], for RHP determinations.<br /> <br /> :The &quot;Rental Subsidy Computation Sheet&quot; ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Rental%20Subsidy%20Offer%20Computation%20Sheet%20Form%20236.8.11.3.B.pdf RA Form 236.8.11.3(b)]), discussed in the next subparagraph, has been designed for use in making this determination.<br /> <br /> :See [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(b)(2)]], concerning &quot;Selection of Comparables,&quot; which is applicable.<br /> <br /> :Relocatees should be offered the same type of replacement unit as that from which they are displaced; however, this is not mandatory if it is not practical to do so if the selected replacement is functionally equivalent to the displacement unit.<br /> <br /> :'''(4) Utility Services Adjustments'''<br /> <br /> :Unless all utilities are provided by the landlord in both the displacement dwelling and in the selected comparable, the estimated average monthly costs of those utilities must be added to the basic monthly cost of the comparable when computing the rental subsidy payment offer. If possible, comparables should be selected which provide the same utilities as the subject dwelling unit.<br /> <br /> :If some or all utilities are furnished in the selected comparable, but were not furnished in the displacement dwelling, the average monthly costs of the utilities must be added to the basic monthly rent of the displacement dwelling when computing the subsidy offer.<br /> <br /> :If the landlord does not provided utilities in either dwelling unit, the rental subsidy offer will be based on monthly rent plus the estimated utility cost on each unit. If the same utilities are provided in both units, use their actual monthly rentals, without utility adjustments, in computing the offer.<br /> <br /> :Utility cost estimates can be determined in one of three ways. Use the procedure that is practical and will produce the most accurate estimate.<br /> <br /> ::'''(a)''' Base the estimate on the actual costs of the utilities of the dwelling units over the past 12-month period. This may be accomplished by reviewing the actual utility bills paid. These costs must be documented in the unit file, preferably by copies of the paid bills. If this is not practical, a written statement by the relocation agent who made the determination, explaining how he/she determined and verified the utility costs can be used.<br /> <br /> ::'''(b)''' In some instances it will not be practical to base the utility estimate on actual costs. In this case, it may be possible to obtain average utility costs from the utility company involved based on unit square footage and number of family members. Some companies make such estimates based on a four-member family occupying a unit with a specified square footage, and then adjust from this &quot;norm&quot; by applying cost factors. This type information is normally provided by the company's customers' sales representatives and/or marketing department.<br /> <br /> ::Utility cost estimates of this type may apply to an entire city or area, and can be used in computing rental subsidy payments therein. These estimates should be reviewed annually, or after rate adjustments, and revised as necessary. A file must be maintained by the district explaining the manner in which the estimate was obtained. Reference can be made to the file when the estimate is used in computing a rental subsidy payment offer.<br /> <br /> ::'''(c)''' If the annual utility costs are known for a unit, it may be practical to estimate the cost of the utility at the other unit by comparing the two units and adjusting the known costs for differences in unit sizes, physical features, appliances, etc.<br /> <br /> :'''(5) Furnishings Provided by Landlord'''<br /> <br /> :The general principles and procedures in preceding subparagraph (4) relating to utilities also apply when furnishings are provided by the landlord in the displacement dwelling, but not in the selected comparable. If reasonably possible, comparables should be selected which provide the same furnishings as the subject dwelling unit. This subparagraph relates to instances when such comparables cannot be located.<br /> <br /> :Furnishings can be provided to the relocatees at the replacement site in whichever of the following two methods that is less costly.<br /> <br /> ::'''(a)''' Rent furnishings comparable in number and quality to those provided by the landlord in the displacement unit from a furniture rental business. Add the monthly rental of the furnishings to the monthly rental of the replacement dwelling unit when computing the rental supplement offer. Refundable deposits on such furniture rentals are not compensable under the Relocation Program.<br /> <br /> ::'''(b)''' If rental furnishings are not available, or if the rental procedure is more expensive over a 42-month period, add the cost of purchasing used furnishings of the type and quality provided in the displacement unit to the rental subsidy offer that will have been computed in the normal manner. Base the cost of furnishings on the actual price quoted by the seller. Document the unit file accordingly. When furnishings are provided in this manner, the entire rental subsidy payment will be charged to appropriate activity, object and subobject codes under the Last Resort Housing program.<br /> <br /> '''(b) Rental Subsidy Computation Sheet (RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Rental%20Subsidy%20Offer%20Computation%20Sheet%20Form%20236.8.11.3.B.pdf Form 236.8.11.3(b)])'''<br /> <br /> A Rental Subsidy Computation Sheet, RA Form 236.8.12.3(b), must be used in computing all rental subsidy payment offers.<br /> <br /> :'''(1) When Prepared'''<br /> <br /> :The computation sheet should be completed during the time appraisals of the subject property are being reviewed or very soon after negotiations are initiated for the property. A written rental subsidy payment offer must be made to eligible relocatees within approximately 40 days after such negotiations are initiated.<br /> <br /> :Once the computation sheet has been completed, and the rental subsidy payment offer established, it is not normally necessary to prepare a second computation sheet, or recompute the original rental subsidy payment offer, unless the relocatee advises, and the district '''agrees''', that no DS&amp;S replacement rental dwelling unit is available for the replacement rental fee that was used in establishing the original offer. This could occur if the unit on which the original offer was based has been rented to someone else and there is no other unit available for the rental fee that was used in computing the original offer.<br /> <br /> :Recomputed rent supplement offers that are less than the original offer can be presented to the relocatees in lieu of the original offer provided that the relocatees would not suffer financial loss, embarrassment or other problems of consequence due to their inability to fulfill previous good faith commitments made in anticipation of receiving the original offer.<br /> <br /> :It is also proper to recompute the rental subsidy payment offer when the most nearly comparable DS&amp;S replacement is more expensive than the subject and later a more nearly comparable DS&amp;S replacement unit has become available, which is less expensive and more comparable to the subject.<br /> <br /> :In every instance, when rental subsidy payment offers are recomputed, the unit file must be documented to explain why such action was taken. Revised offers must be presented to relocatees in writing. Specifically mention that the revised offer cancels the original.<br /> <br /> :'''(2) Preparation--Routine Situations'''<br /> <br /> :The rental subsidy payment offer, not to exceed $7,200, is computed by subtracting the amount arrived at in either (a) or (b) below, from the total amount necessary to rent the most nearly comparable DS&amp;S replacement dwelling unit available for the next 42 months.<br /> <br /> ::'''(a)''' 42 times the average monthly rental paid by the relocatee during the last three months, or<br /> <br /> ::'''(b)''' 42 times the economic monthly rental rate. If the average monthly rental being paid is substantially less than the economic rate, or, if an owner is involved who elects to rent rather than purchase a replacement.<br /> <br /> :The computation sheet, under the routine situation, is to be used as follows.<br /> <br /> :On line 3 of Section 1 check whichever of the three spaces that is applicable.<br /> <br /> :Also, in line 3 show the existing average monthly rental fee for the subject unit.<br /> <br /> :Check the appropriate space(s) on line 4 of Section 1. If '''partial''' utilities are provided, check specific utilities.<br /> <br /> :Line 5 of Section 1 is provided to show whether or not the landlord provides the furnishings. If it is partially furnished by the landlord, describe the items that are provided in the third space, for example, &quot;refrigerator,&quot; &quot;oven,&quot; etc.<br /> <br /> :Mark line 5 &quot;N/A&quot; '''unless''' the economic monthly rental fee for the subject is substantially less than the actual fee shown on line 2; or, an owner-occupant is involved who elected to rent rather than purchase a replacement. If either of these situations exists, show the economic rental rate for the subject unit. See EPG 236.8.11.3(a)(2), for possible exceptions relating to use of the economic rental fee.<br /> <br /> :Lines 6 and 7 of Section 1 relate to the unit occupied by the relocatee prior to displacement. Use the terms &quot;Single-Family Dwelling,&quot; &quot;Duplex,&quot; &quot;Furnished Apartment,&quot; etc. in completing the first space.<br /> <br /> :The three sections provided to describe the most nearly '''comparable''' replacement dwelling units available are to be completed as follows.<br /> <br /> :On the first line in each section use a street address if possible; if not, refer to known landmarks in describing the location, such as distances and directions from highway intersections, named stream crossings, etc. The &quot;distance from subject&quot; can be shown in miles and tenths of miles and can be estimated.<br /> <br /> :The name of the property owner must be shown on the first space of the second line as well as the name of the realtor or real estate firm handling the rental of the replacement, if any, on the second space of the second line.<br /> <br /> :Show the realtor's address in the first space on third line. If a realtor is not involved, show the owner's address. Show the monthly rental fee of the replacement dwelling unit in the second space of the third line.<br /> <br /> :A space has been provided on the back of the form for a narrative comparison of each replacement unit to the subject unit. The narrative must provide a word picture of the important similarities and differences between the two dwelling units.<br /> <br /> :The exterior of replacement rental units used in computing rental subsidy payments and the neighborhood in which they are located must always be visually inspected by the person who computes the payment. An interior inspection is not required when reliable information is available regarding the interior.<br /> <br /> :Comparable replacement dwellings included on the form must be currently available to the relocatee for rent at the time the form is completed. They must also be adequate to meet the needs of the relocatee, DS&amp;S and functionally equivalent or better to the subject unit. A copy of the &quot;Relocatee Needs Questionnaire&quot; must be furnished to the person who will select the comparable replacement dwellings so he/she will be in position to understand the needs of the relocatees and be able to select comparables that are adequate to accommodate them. [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(b)(2)]], provides information that is helpful in determining whether or not a comparable is adequate to accommodate the relocatees.<br /> <br /> :If less than three comparable replacement units are available, document the file and use the number available. If none are available within the area, follow the procedure discussed in following Note A.<br /> <br /> :Before proceeding, it is necessary to select one of the three replacements included on the form as being the most nearly comparable to the subject. Show the number of the selected replacement (1, 2 or 3) in the first space on line 1of the computation section and its monthly rental fee in the second space.<br /> <br /> :Under Computations: Enter the utility services adjustment, as discussed in EPG 236.8.11.3(a)(4), on line 2. This entry must be the total of the estimated average monthly cost of all utilities for the selected comparable.<br /> <br /> :Line 3 is self-explanatory.<br /> <br /> :Check either the first or second space on line 4 to show whether the subjects existing (average) monthly rental from the third space of line 3 of Section 1 or its economic rental from the second space of line 5, same section, is reflected in the second space.<br /> <br /> :On line 5 enter the total of the estimated average monthly cost of all utilities for the subject dwelling unit.<br /> <br /> :Line 6 is self-explanatory.<br /> <br /> :On line 7 enter the average monthly gross family income from all sources excluding food stamps in the first space. In the second space enter 30% of the monthly amount if the amount is classified as “low income” by the U.S. Department of Housing and Urban Development’s Annual Survey of Income Limits for the Public Housing and Section 8 Programs that are updated annually and are available on FHWA’s Web site at [https://www.fhwa.dot.gov/real_estate/policy_guidance/low_income_calculations/ualicex.cfm https://www.fhwa.dot.gov/real_estate/policy_guidance/low_income_calculations/ualicex.cfm]. This income information must be obtained from the needs questionnaire and will normally be based on the previous 12 months. This information must be verified during the ten-day contact with the tenant or at initiation of negotiations for displaced owners. If the displacee is receiving welfare payments designated for shelter and utilities and this amount is less than 30% of gross average monthly household income but pays all of the rent and utilities, the lesser amount should be entered in the second space.<br /> <br /> :If the relocation agent suspects that the income information provided is incorrect, additional information such as tax returns should be requested to verify the income.<br /> <br /> :If the displacee refuses to provide income information after the relocation agent has explained the necessity for it, the agent should inform the displacee that the lack of this information may reduce his or her payment and document the file. Enter N/A in both spaces on line 7.<br /> <br /> :Lines 8 and 9 are self-explanatory.<br /> <br /> :If furnishings as discussed in EPG 236.8.11.3(a)(5), are '''not''' involved, line 10 will be marked &quot;N/A&quot; and the amount on line 9 will be repeated on line 11. The amount on line 11 is the computed rental subsidy payment offer.<br /> <br /> :If the landlord provides '''major''' items of furnishings in the subject dwelling unit, but not in the selected comparable, proceed as follows. Review EPG 236.8.11.3(a)(5).<br /> <br /> :'''If''' the entry on line 9 reflects any amount '''other than''' &quot;zero,&quot; enter the total rental costs or the total cost of purchasing the items, '''whichever is the lesser''' on line 10.<br /> <br /> :'''If''' line 9 reflects a &quot;zero&quot; amount, compute the entry for line 10 on Supplemental Rental Subsidy Computation Sheet, RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Supplemental%20Rental%20Subsidy%20Computation%20Form%20236.8.11.3.B.S.pdf Form 236.8.11.3(b)(s)]. (The supplemental computation sheet is considered self-explanatory.) The amount from line 8 on the supplemental computation sheet will be entered on line 10 of the original computation sheet.<br /> <br /> :Add lines 9 and 10 and enter the total on line 11. Line 11 is the rental subsidy payment offer.<br /> <br /> :Should the entry on line 11, computed rental subsidy payment offer, exceed $7,200, see following NOTE A.<br /> <br /> :The form, when properly executed and dated, is then complete.<br /> <br /> '''NOTE A: Computed Payment Exceeds $7,200'''<br /> <br /> If the only comparable DS&amp;S replacement rental unit available requires a rental subsidy payment in excess of $7,200, or if there are no acceptable comparables available in the area, the entire payment must be made under the Last Resort Housing Program. This program will not be applied for 90-Day owner-occupants who desire to rent rather than purchase replacement dwellings if comparable DS&amp;S replacement dwellings are available to them for purchase through routine RHP.<br /> <br /> If 90-Day owners elect to rent rather than purchase replacement housing and a comparable DS&amp;S replacement rental unit is not available within the maximum $7,200 payment range, compute a routine RHP offer to prove that they could be relocated in the same ownership status they enjoyed prior to being displaced. The relocatees must be advised of the availability of such computed payment. If they still elect to rent, they can of course do so. Their rental subsidy payment shall be no more than their calculated RHP. The unit file must be documented to show that these actions were taken. If a comparable DS&amp;S replacement dwelling is not available for either purchase or rent within the maximum payment allowance, a solution must be provided under the Last Resort Housing Program.<br /> <br /> '''NOTE B: Relocatee Owns Pets'''<br /> <br /> If a relocatee owns pets, it is preferable that selected comparable replacement rental units also permit pets; however, it is not mandatory that they do so if the most nearly comparable replacement units available meet all other comparability requirements and otherwise meet the needs of the relocatee involved.<br /> <br /> Select comparable replacement rental units that permit pets, if this can be accomplished without increasing the amount of their rental subsidy payments and/or without the necessity of rejecting otherwise acceptable comparables.<br /> <br /> Seeing Eye dogs owned by blind relocatees are not considered to be pets under this policy. When they are involved, comparables must be selected which will accept the relocatees' Seeing Eye dog. If other special cases involving pets and/or other animals are encountered which deserve special consideration, submit all facts to the Right of Way Section together with a recommended solution.<br /> <br /> '''NOTE C: Relocatee is Disabled'''<br /> <br /> To meet DS&amp;S requirements the selected replacement dwelling unit for a disabled person must be free of any barriers which would preclude reasonable ingress, egress or use of the unit by the relocatee.<br /> <br /> If a suitable replacement cannot be located which will accommodate the relocatee, it is permissible to increase the monthly rental of an otherwise comparable replacement unit to compensate the owner for the cost of rearranging it as necessary to meet the DS&amp;S standards.<br /> <br /> The department must not be placed in the position of guaranteeing or assuring the owner of a potential replacement dwelling that the relocatee will rent the unit if the landlord makes the necessary changes to enable it to accommodate the disabled person.<br /> <br /> The relocation agent should (1) locate the otherwise comparable replacement unit, (2) determine the physical changes that are necessary to enable it to accommodate the relocatee, (3) determine that the landlord is willing to make the changes, (4) agree on an acceptable monthly rental fee to be charged if the changes are made, and (5) compute a rental subsidy payment offer based on the agreed monthly rental fee.<br /> <br /> The relocatee and landlord must agree between themselves whether or not to proceed with the proposed physical changes in the potential replacement unit.<br /> <br /> The computed offer will be available to the relocatee if he/she rents and occupies the selected comparable for the agreed rental fee that was based on remodeling to meet DS&amp;S standards for the disabled if the remodeling was accomplished, or, if he/she rents any other replacement unit that meets DS&amp;S disabled standards for an amount equal to or exceeding the agreed rental for the selected comparable. If the rental fee paid for the replacement unit that the relocatee actually rents and occupies is less than such agreed rental fee, the rental subsidy payment must be reduced accordingly.<br /> <br /> :'''(4) Preparation When 90-Day Owners Involved'''<br /> <br /> :When qualified 90-Day owners elect to rent rather than purchase a replacement, their payment offer will be computed in the same manner as discussed in preceding subparagraph (3) '''except''' that line 2 will be marked &quot;N/A.&quot; The economic monthly rental fee applicable to the owner's subject dwelling will be used in computing their rental subsidy payment offer.<br /> <br /> :The &quot;economic monthly rental fee&quot; referred to above must be based on market data and the unit file must be documented.<br /> <br /> :'''(5) Preparation When Other Lands and/or Property Involved - Subject Property'''<br /> <br /> :If the rental fee being paid by a relocatee prior to being displaced includes other lands, or when a building is involved that houses both the relocatees' dwelling unit and business, a qualified staff person must prorate the total existing monthly rental fee being paid for the entire property to determine the portion that is applicable to the dwelling and supporting residential land area.<br /> <br /> :This determination must be in writing, signed by the prorator and approved by a district certified appraiser or district Right of Way Manager.<br /> <br /> :It will also be necessary to determine if that portion of the existing rental fee is compatible with the proper economic rental rate that is applicable to the dwelling unit. Follow the instructions in EPG 236.8.11.3(a)(2), when making these determinations. After the economic rent determination has been made, the payment offer will be computed in the manner discussed in preceding subparagraph (3).<br /> <br /> :'''(6) &quot;Nil&quot; or Substantially Reduced Rental Fees Involved'''<br /> <br /> :Review EPG 236.8.11.3(a)(2).<br /> <br /> :'''(7) Relocatee is &quot;Working Out&quot; Rental Cost'''<br /> <br /> :Should a relocatee be &quot;working out,&quot; all or a portion of his/her existing rental fee by performing managerial services, custodian duties, etc., the economic value of the portion of the rental fee being &quot;worked out&quot; must be considered in determining his/her existing rental fee (added to the cash rental payment, if any). Enter the adjusted existing rental fee on line 2 of the computation sheet and compute the rental subsidy offer in the routine manner as discussed in EPG 236.8.11.3(b)(3).<br /> <br /> :'''(8) Other Public Agency Rental Subsidies Involved'''<br /> <br /> ::'''(a) Other Public Agency Rental Assistance Involved - Prior to Displacement'''<br /> <br /> ::If a portion of any public assistance payment received by a relocatee, such as a welfare payment, is specifically designated for housing costs, it is necessary to add the supplement to the amount being paid by the relocatee to establish the &quot;average monthly rental being paid for the subject unit&quot; '''unless''' (1) by law such rent supplement will be discontinued upon vacation of the subject, and not renewed after the relocatee has relocated, in which case, the supplement will not be included when establishing the relocatees' existing monthly rental, or (2) the relocatee is being displaced from public housing. If the relocatee is being displaced from public housing, see following subparagraph (b).<br /> <br /> ::If the other agency's rent supplement payment is to be continued, the agency should be advised of the department's rental subsidy payment so they will not duplicate the payment by also increasing their payments to compensate for increased rental costs of the relocatees' replacement dwelling unit. If the other agency's supplement payment is continued, you only consider the out-of-pocket increases that the relocatee experiences, and you disregard the 30% income rule.<br /> <br /> ::After the subject's &quot;average monthly rental&quot; has been properly determined, the rental subsidy payment offer will be computed in the normal manner.<br /> <br /> ::The unit file must be documented when rent supplements from other agencies are involved to show what action was taken and why. If a rent supplement payment from another agency is involved, it will be necessary for the district to contact the agency to determine if such payments will be discontinued '''by law''' after the relocatee has moved to a replacement dwelling.<br /> <br /> ::'''(b) Relocatee Displaced From Public Housing'''<br /> <br /> ::Review [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(i)(6)]].<br /> <br /> ::Compute the rental subsidy payment offer in the manner discussed in EPG 236.8.11.3(b)(3).<br /> <br /> ::When a relocatee is being displaced from public housing, always use replacement public housing, if available, as &quot;comparables&quot; on the computation sheet.<br /> <br /> ::If the relocation rental subsidy payment offer is to be based on the cost of a replacement public housing unit, the relocatees' existing average monthly rental fee, to be used on line 2 of the computation sheet, will be his/her actual rental expenditure which does not include any portion of his/her housing costs that are paid by the Public Housing Agency. The monthly rental fee of the selected comparable, to be used on line 19 of the computation sheet, will be the actual rental payment that will be made by the relocatee, again excluding any portion of the replacement rental fee that will be paid by the housing agency.<br /> <br /> ::If relocatees who are displaced from public housing are forced to rent private rental housing as a replacement, it is likely that they will be eligible for some type of public welfare housing supplement. The same instructions provided in the preceding paragraph are also applicable in this case. It will be necessary to determine if the relocatees will be eligible for public assistance housing payments. If so, deduct the amount of the payment from the rental fee of the replacement unit to determine the relocatees' replacement rental cost. The policy discussed herein will also produce the correct rental subsidy payment offer if the relocatee does not receive public housing assistance after displacement.<br /> <br /> '''NOTE''': Only in unusual circumstances may a comparable replacement dwelling contain fewer rooms or, consequentially,<br /> less living space than the displacement dwelling. An example is when a displaced person accepts an offer of government housing assistance and the applicable requirements of such housing assistance program require that the displaced person occupy a dwelling that has fewer rooms or less living space than the displacement dwelling<br /> <br /> :'''(9) Multiple Occupancy of Same Dwelling Unit'''<br /> <br /> :Review [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(7)]]. The principles in the referenced subparagraph also apply to multiple occupancy of single-family rental units.<br /> <br /> ::'''a. Comparable Decent, Safe and Sanitary Replacement Dwelling Unit IS Available'''<br /> <br /> ::If a comparable or better DS&amp;S replacement dwelling unit is available for rent within the maximum $7,200 rental subsidy payment limitation when two or more eligible individuals and/or families who do not maintain separate households are displaced from the same single-family rental dwelling unit, only one rental subsidy payment will be made. The payment offer will be computed in the routine manner as if only one family was involved.<br /> <br /> ::'''b. Comparable Decent, Safe and Sanitary Replacement Dwelling Unit IS NOT Available'''<br /> <br /> ::If a comparable or better DS&amp;S replacement dwelling unit is not available for rent when two or more eligible individuals and/or families who do not maintain separate households are displaced from the same single-family rental unit and the families are forced to occupy separate rental units after displacement, each eligible individual and/or family involved will be entitled to a separate rental subsidy payment offer. A separate Rental Subsidy Computation Sheet [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Rental%20Subsidy%20Offer%20Computation%20Sheet%20Form%20236.8.11.3.B.pdf (Form 236.8.11.3(b))] must be completed for each individual and/or family in the following manner.<br /> <br /> ::Fill out the heading and line 1 in the usual manner.<br /> <br /> ::Divide the existing average monthly rental fee being paid for the subject unit by the number of separate individuals and/or families that occupy it if the rental fee is being equally divided; if not, divide it accordingly to the percentage ratio being paid by each separate individual and/or family. Obtain a written statement, signed by each head of household, advising how the existing fee is being &quot;split&quot; if it is not being evenly divided. If a statement cannot be obtained, consider the fee as being equally divided. Enter the prorated portion of the existing fee applicable to the subject individual or family whose payment is being computed on line 2.<br /> <br /> ::If one individual or family is principal renter and others are subrenters, the principal renter's pro rata portion of the existing rental fee will be the difference between the total rental fee the principal renter pays for the dwelling unit and the total of the payments he/she collects from the subrenters. The subrenter's pro rata portion will be the amount they pay to the principal renter.<br /> <br /> ::If the subject's economic rental rate is a factor, determine it and prorate in the same manner applied to the actual existing fee. Show the prorated conclusion on line 5.<br /> <br /> ::Prior to completing lines 7 through 18, it is necessary to determine the size and utility of the replacement rental dwelling unit to which each separate individual and/or family is entitled by considering the space and utility each used in the subject dwelling. This can be accomplished by determining the space each individual and/or family privately occupied in the subject. Shared space in the subject can be &quot;credited&quot; to all individuals and/or families involved who had unlimited access to it.<br /> <br /> ::Use available DS&amp;S replacements, lines 7 through 18, that are as nearly comparable as possible to the prorated '''space''' applicable to the subject individual or family.<br /> <br /> ::After the above steps are taken, the balance of the computation sheet can be completed in the routine manner. The entries on lines 2 and 5 and on line 10, under the computation section, will not be a prorated amount; enter the total adjustment amount as if no other relocatees jointly occupied the subject unit. The cost of providing furnishings in the selected comparable relates only to those furnishings provided in the area privately and jointly occupied by the subject relocatee that are not also furnished in the selected comparable. All prorations and computations not included on the computation sheet should be documented in the unit file.<br /> <br /> ::Should one of the individuals and/or families elect to rent a replacement dwelling unit and others elect to purchase in lieu of renting, each can qualify for their applicable payment if otherwise eligible.<br /> <br /> ::Should the only existing comparable or better DS&amp;S replacement dwelling units available require a rental subsidy payment in excess of $7,200, or if no existing comparable or better replacement is available, determine whether it is more practical to provide separate replacement dwelling units as discussed in preceding subparagraph B or to make an existing higher priced replacement available under the Last Resort Housing Payment Program. Submit your findings and recommendations to the Right of Way Section for concurrence prior to making a commitment to the relocatee.<br /> <br /> ::If some of the occupants are owners and others are tenants, see [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(7)C]].<br /> <br /> :'''(10) Utilities Furnished By Landlord'''<br /> <br /> :Review EPG 236.8.11.3(a)(4).<br /> <br /> :'''(11) Tenants With Less Than 90-Day Occupancy and Subsequent Occupants'''<br /> <br /> :Review [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(c)(2) and (3)]], that discuss the department's replacement housing obligation to tenants with less than 90 days occupancy and subsequent tenant occupants.<br /> <br /> :Any comparable DS&amp;S replacement dwelling available to such relocatees that requires a monthly rental fee that does not exceed the higher of (1) the rent being paid for the displacement unit, or (2) 30% of the relocatees' total monthly gross income (if determined to be “low income”as defined at 236.8.12.3(b)(3)) '''is''' affordable to them. If such a replacement is available, the relocatees will not be eligible for a rental subsidy payment or any other RHP. (An exception could exist: relocatees could possibly qualify for payment if the furnishings in the subject unit are provided by the landlord but are not provided in the &quot;affordable&quot; comparable replacement unit. Proper use of a rental subsidy computation sheet will determine whether or not payment is due and, if so, the amount.)<br /> <br /> :If an affordable replacement is not available, it will be necessary to present the relocatees a rental subsidy payment offer equal to 42 times the difference between (1) the relocatees' existing average monthly rental '''or''' 30% of their gross monthly income (if determined to be “low income”), whichever is the larger, and (2) the monthly rental fee of an available higher priced DS&amp;S comparable. This computation procedure ensures that an affordable DS&amp;S replacement is available to the relocatees.<br /> <br /> :Compute the payment on a Rental Subsidy Computation Sheet. The entry on lines 2 of the form and will be the '''greater''' of (1) the subject's existing average monthly rental, '''or''' (2) 30% of the relocatees' gross monthly income (if determined to be “low income”).<br /> <br /> :The relocatees' actual rental subsidy payment will be the '''lesser''' of (1) their rental subsidy payment offer, or (2) 42 times the difference between (a) the higher of the relocatees' existing monthly rental '''or''' 30% of their gross monthly family income (if determined to be “low income”), and (b) the monthly rental fee of the replacement dwelling they actually rent and occupy.<br /> <br /> :Relocatees in these two categories '''who are entitled''' to a rental subsidy payment can elect the down payment assistance option; however, the down payment assistance cannot exceed the amount of their rental subsidy payment offer plus incidental costs.<br /> <br /> :'''(12) Reductions in Rental Subsidy Payment Offers'''<br /> <br /> :Review [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(c)(8)]], relating to reductions in RHP offers. The general principles therein are applicable when rental subsidy payment offers are involved.<br /> <br /> :Recomputed rental subsidy offers that are less than the original offer can be presented to the relocatee provided that the relocatee would not suffer financial loss, embarrassment or other problems due to his/her inability to fulfill previous good faith commitments made in anticipation of receiving the original offer.<br /> <br /> :When a reduced offer is involved, the unit file must be documented.<br /> <br /> :Revised offers should be presented to relocatees in writing. Specifically mention that the revised offer supersedes the original.<br /> <br /> :'''(13) Withdrawal of Rental Subsidy Payment Offers'''<br /> <br /> :See [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(c)(7)]].<br /> <br /> ===236.8.11.4 Computations - Actual Rental Subsidy Payment Due Relocatee===<br /> <br /> The only additional information needed to make an actual payment determination, which will not have been previously obtained for use in computing the rental subsidy payment offer, is the specific monthly rental fee being paid by the relocatees for their DS&amp;S replacement dwelling unit. A final determination of the actual payment amount due a relocatee cannot be made until after he/she has rented a DS&amp;S replacement dwelling unit.<br /> <br /> The relocatees should furnish the department a copy of their lease or copies of applicable rental receipts to document the amount of the replacement rental rate. If neither is available, or if the amount of the replacement rental rate is not clearly defined in available documentation, the rate should be confirmed by both the tenant and the landlord and the file documented to show this action was taken. Under the latter circumstance, a signed statement by the department employee who made the determination, showing who was contacted, dates of contacts, how made, stated rental fees and other pertinent facts, is adequate.<br /> <br /> If there are discrepancies in available documentation or if the relocatees and their landlord report different monthly rental fees for the replacement, the discrepancy must be reconciled before the actual rental subsidy payment amount can be properly determined.<br /> <br /> '''(a) Payment Determination'''<br /> <br /> :'''(1) Routine Situations'''<br /> <br /> :In a routine situation, the actual rental subsidy payment amount will be either (1) the applicable rental subsidy payment offer as discussed in [[236.8 Relocation Assistance Program#236.8.11.3 Computations - Rental Subsidy Payment Offers|EPG 236.8.11.3(b)(3)]], '''or''' (2) an amount determined by multiplying the difference between the average monthly rental cost displacees were paying for the unit from which they were displaced and the monthly rental cost they are paying for the actual DS&amp;S replacement unit times 42, whichever is the lesser, not to exceed $7,200. Use RA Claim [http://eprojects/Templates/RW/Chapter%208_Relocation/Rental%20Subsidy%20Claim%20Form%20236.8.11.5.pdf Form 236.8.11.5(a)], when computing this payment.<br /> <br /> :'''Line 1 under the computation section''': Insert the actual monthly rental fee that the relocatees are paying for their replacement dwelling unit.<br /> <br /> :Should the relocatees move from an unfurnished unit to a furnished replacement, the portion of the replacement rental fee that is chargeable to the furnishings must be deducted from the total fee prior to computing the rental subsidy payment. Deduct the portion chargeable to furnishings from the total rental fee and reflect the resulting figure on line 13 of the claim form. Explain this action under comments on the back of the claim form that is used as a computation work sheet, or on a separate sheet attached to the file copy of the claim.<br /> <br /> :'''Line 2 thru 6''': Self-explanatory.<br /> <br /> :Exception for line 2.<br /> <br /> :When the landlord '''provides''' the utilities in the actual DS&amp;S replacement dwelling that is rented and occupied by the relocatee, insert &quot;N/A&quot; in line 2.<br /> <br /> :When utilities '''are''' provided by the landlord in '''both''' the subject dwelling '''and''' the selected comparable on which the rental subsidy offer was based but are not provided in the actual DS&amp;S replacement dwelling rented and occupied by the relocatee, insert in line 2 the estimated monthly utilities for the replacement dwelling. <br /> <br /> :'''Line 7''': The relocatees' average monthly household income should be reverified when the claim is filed. If the income has changed, the rental subsidy should be recomputed based on the average monthly income for the 12 months preceding the date the relocatee moved from the displacement dwelling. If this recomputation results in a lower payment and the relocatee has already spent or is obligated to spend the original computed rental subsidy as a down payment, the original average income should be used and a recomputation should not be done. If the relocatee is no longer employed, provide the facts to the Right of Way Section and request assistance.<br /> <br /> :'''Lines 8 thru 15''': Self-explanatory.<br /> <br /> :'''(2) Other Lands and/or Property Involved - Replacement Property'''<br /> <br /> :If the replacement rental property includes other lands and/or property, in addition to the single-family residential dwelling unit occupied by the relocatee, it will be necessary for an appraiser to determine, as accurately as possible, the portion of the total rental fee that is chargeable to the dwelling and supporting residential land area.<br /> <br /> :The determination must be supported in writing, signed by the appraiser and approved by the district certified appraiser or district Right of Way Manager.<br /> <br /> :The appraiser should consider the economic rental fee for the replacement dwelling unit and a proration of the total fee being paid for the entire replacement property to arrive at a pro rata amount. Hopefully both approaches will indicate the same conclusion; however, if not, the portion of the total fee charged to the replacement dwelling unit will, of necessity, be based on the proration of the actual rental fee being paid for the entire replacement property.<br /> <br /> :The prorated portion of the total rental fee that is assigned to the replacement dwelling unit will be used on line 1under computations of RA Claim [http://eprojects/Templates/RW/Chapter%208_Relocation/Rental%20Subsidy%20Claim%20Form%20236.8.11.5.pdf Form 236.8.11.5(a)].<br /> <br /> :Should a replacement rental property that includes other lands and/or property be located in another state, advise the Right of Way Section and request assistance in obtaining the necessary proration of the rental fee.<br /> <br /> :'''(3) Other Public Agency Rental Subsidies Involved'''<br /> <br /> ::'''(a) Relocatee Moves to Public Housing'''<br /> <br /> ::If relocatees move into public subsidized rental housing, the actual rental fee being paid '''by the subject relocatees''' for their subsidized housing must be used in determining the amount of the rental subsidy payment they are entitled to receive from the department. This fee should be obtained from the public agency in charge of such rental housing.<br /> <br /> ::If relocatees who elected to be paid in installments originally move into decent, safe and sanitary replacement rental housing that is not subsidized and later, during the four-year installment payment period, move into public subsidized rental housing that requires a lower rental fee than their original replacement, the public housing agency involved must be notified in writing that the relocatees are receiving rental subsidy payments from the department that are based on higher rental fees than they are currently paying for such public housing. The department's rental subsidy payment will not be recomputed or changed and future installment payments will be made as originally scheduled so long as the relocatees occupy DS&amp;S housing.<br /> <br /> ::'''(b) Other Public Agency Rental Assistance Involved - After Displacement'''<br /> <br /> ::If relocatees who did not receive direct rental assistance payments from other agencies prior to being displaced do receive such payments after displacement, use only the actual replacement rental payment they are making, excluding subsidies being paid by other agencies, when computing the actual rental subsidy payment they are entitled to receive from the department.<br /> <br /> ::Should the initiation of rental assistance payments by other agencies not begin until after the first rental subsidy payment is made by the department, but during the installment payment period, notify the public agency making such payments in writing that the department is also making rental subsidy payments to the relocatee. The department's rental subsidy payment will not be recomputed or changed and future installment payments will be made as originally scheduled so long as the relocatees occupy DS&amp;S housing.<br /> <br /> ::It is not the district's responsibility to uncover rental assistance payments from other agencies unless this information is provided on the claim form. If district personnel learn that a claim form is erroneous, and that such payments are being received by a relocatee, the other agency involved must be notified.<br /> <br /> ::'''(c) Other Public Agency Rental Assistance Involved - Before and After Displacement'''<br /> <br /> ::Review [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(i)(6)]].<br /> <br /> ::If the '''same''' portion of a public housing assistance payment received by a relocatee both before and after displacement is specifically designated for housing costs, normally as a rent supplement, his/her rental subsidy payment will be computed based upon out-of-pocket expense increases without regard to income. When computing the relocation rental subsidy payment, consider '''total''' rental fees paid for both the subject and replacement dwelling units, the rent supplement payment paid by the public agency plus the amount paid solely by the relocatee.<br /> <br /> ::If the public assistance payment does not designate a specific amount for housing costs, the relocation rental subsidy payment will be computed in the manner discussed in EPG 236.8.11.4(a)(1). Consider '''total''' rental fees in the actual payment computations.<br /> <br /> ::All of the preceding instructions in this subparagraph also apply, including the applicability of the payment computation procedure discussed in EPG 236.8.11.4(a)(1), if the portion of the public assistance payment designated for housing costs change after displacement '''except that''' only the portion of the rental fees, both subject and replacement paid solely by the relocatee, excluding the public agency rent supplement, will be used when computing the relocation rental subsidy payment. Under this circumstance, the computed payment will not normally exceed the previously computed rental subsidy payment offer. Should it do so, it will be necessary to recompute the payment offer for the purpose of establishing the maximum payment available using the portion of the rental fee paid solely by the relocatee. Determine the portion of the selected comparable's rental fee that would be paid solely by the relocatee by subtracting the revised rent supplement paid by the other agency from the rental fee of the selected comparable.<br /> <br /> ::It will be necessary to obtain information from the public agency involved if it is not known whether or not a portion of such agency's assistance payment to the relocatee, both before and after displacement, is specifically designated for housing costs.<br /> <br /> ::The unit file must be documented when rent supplements from other agencies are involved to show what action was taken and why.<br /> <br /> ::'''(d) Other Public Agency Rental Assistance Discontinued After Displacement'''<br /> <br /> ::If a relocatees' public assistance payment is discontinued '''by law''' after displacement, follow the same instructions included in the preceding subparagraph which are applicable when the portion of the public assistance payment designated for housing costs changes after displacement.<br /> <br /> ::If the public assistance payment is discontinued for any reason other than as required by law, request specific computation instructions from the Right of Way Section.<br /> <br /> '''NOTE''': Relocatees '''will not''' be eligible for a rental subsidy payment if their entire rental fee is being subsidized by a public agency both before and after displacement.<br /> <br /> :'''(4) Multiple Occupancy of Same Dwelling Unit (Relocatees Do Not Maintain Separate Households)'''<br /> <br /> :Review [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(7)B]]. The principles therein are also applicable when rental dwellings are involved.<br /> <br /> ::'''(a) Comparable Decent, Safe and Sanitary Replacement Dwelling Unit IS Available'''<br /> <br /> ::If a comparable or better DS&amp;S replacement dwelling unit is available for rent within the maximum $7,200 when two or more eligible individuals and/or families are displaced from the same single-family rental dwelling unit, only one rental subsidy payment will be made. The payment will be computed in the routine manner.<br /> <br /> ::Should the individuals and/or families rent and occupy different replacement dwelling units by choice, or should some rent DS&amp;S replacements but others fail to do so, each '''eligible''' individual and/or family can be paid '''the lesser of''' (1) their pro rata share of the one rental subsidy payment offer, or (2) an amount computed in the manner explained in paragraph II, headed &quot;Actual Payment Computations.&quot;<br /> <br /> ::Should some of the individuals and/or families rent and others purchase replacement dwellings, those which rent can be paid a rental subsidy payment determined in the preceding manner and those which purchase can be paid a pro rata share of the one rental subsidy payment as a down payment plus incidentals.<br /> <br /> '''NOTE''': The following procedure is fully applicable even though one of the relocatees is the principal renter and the others are subrenters. The total rental fee paid by the principal renter will be used in computing the one payment. When determining the principal renter's actual contribution toward payment of the total rental fee, deduct the amount he/she collects from the subrenters from the total rental fee paid for the subject unit.<br /> <br /> ::'''I. Proration of Offer'''<br /> <br /> ::The first step in prorating the rental subsidy payment offer is to obtain a written statement from the parties involved advising of the amount each contributed toward payment of the total rental fee charged for the unit from which they were displaced. The statement must be signed by all of the separate parties which occupied the subject regardless as to whether or not they paid any portion of the rental fee. If for any reason they fail to present the statement, consider them as having shared the rental fee equally. Relocatees who did not pay any portion of the subject unit's rental fee will not be entitled to a separate pro rata rental subsidy payment from the department.<br /> <br /> ::Prorate the one computed payment offer to determine each individual and/or families share by dividing the offer in the same percentage ratio that each contributed in the payment of the subject's rental fee. The pro rata share of the rental subsidy offer thus established will be the maximum rental subsidy payment that any of the separate parties can be paid and will be the amount shown on line 20 of the claim form.<br /> <br /> ::If two or more of the individuals and/or families rent and occupy the same DS&amp;S replacement unit, add their pro rata shares together to determine the maximum payment they are jointly entitled to receive. No problem will be encountered if those who relocate together request installment payments as discussed in [[236.8 Relocation Assistance Program#236.8.11.5 Rental Subsidy Claim Forms|EPG 236.8.11.5(b)]], unless they &quot;split&quot; after receiving their initial payment and some do not reoccupy DS&amp;S housing. Should this occur, divide the amount of the current installment payment by the total number of relocatees who were originally eligible to receive it and pay those who are currently qualified their share of the installment payment.<br /> <br /> ::'''II. Actual Payment Computations'''<br /> <br /> ::The actual payment due each separate party involved, not to exceed their pro rata share of the joint offer as determined in paragraph I above based on the rental fee they actually pay for their replacement dwelling can be determined by completing the &quot;Payment Computations&quot; section of RA Claim [http://eprojects/Templates/RW/Chapter%208_Relocation/Rental%20Subsidy%20Claim%20Form%20236.8.11.5.pdf Form 236.8.11.5(a)], using the pro rata share of rent and utilities they paid on the displacement dwelling.<br /> <br /> ::Contact the Right of Way Section if unusual circumstances are involved which indicate that the procedures in this subparagraph are inappropriate.<br /> <br /> ::'''(b) Comparable Decent, Safe and Sanitary Replacement Dwelling Unit IS NOT Available'''.<br /> <br /> ::If a comparable or better DS&amp;S replacement rental dwelling unit is not available for rent when two or more individuals and/or families are displaced from the same single-family rental unit, each will be entitled to a separate rental subsidy payment '''if''' they actually rent and occupy separate replacement dwelling units and otherwise qualify for the payment. Should the individuals and/or families involved actually rent and occupy the same single-family replacement dwelling unit, they will be entitled to only one rental subsidy payment. The amount of the one payment will be arrived at by multiplying the difference between the '''total''' monthly rental fee they, all relocatees jointly, paid for the subject and the '''total''' monthly rental fee being paid for the replacement, times 42, '''not to exceed''' the combined total of their separate rental subsidy payment offers.<br /> <br /> ::When the relocatees involved are entitled to separate payments, each individual and/or family must submit a separate claim. The computations section of the claim form will be completed in the routine manner. Amounts will '''not''' be prorated. Use the total adjustment figure as if no other relocatees jointly occupied the subject unit.<br /> <br /> ::'''(c) Married Couples Separated and/or Divorced After Initiation of Negotiations But Prior to Filing Claim'''<br /> <br /> ::Consider that the former spouses were paying equal portions of the rental fee for the unit from which they were displaced unless they specifically claim otherwise and agree in writing to a different proration.<br /> <br /> :'''(5) Tenant Makes Subsequent Moves Within First Year After Original Displacement'''<br /> <br /> :Should relocatees who qualified for and received their maximum rental subsidy payment offer, or who have received at least one installment on such payment, moves from their initial replacement dwelling unit to a different DS&amp;S unit, their payment amount will not be recomputed or changed even though they pay a different monthly rental fee, either higher or lower, for the subsequent replacement unit. This policy applies regardless as to whether the subsequent move occurs within, or after, the one-year period.<br /> <br /> :If relocatees who have been paid a lump sum rental subsidy payment which was less than their maximum rental subsidy payment offer moves to a subsequent DS&amp;S replacement dwelling unit, within the one-year period which requires a higher rental fee than their original replacement, they can be paid the difference between their original payment and the amount that would be due as a rental subsidy payment based on the subsequent replacement unit. Claims for &quot;second&quot; payments must be clearly identified and the file must be documented to show why the payment is being made. If the subsequent move occurs after the above-referenced one-year period, no additional payment will be made under any circumstances.<br /> <br /> :'''(6) Rental Fee For Replacement Rental Unit Increased By Landlord'''<br /> <br /> :If the monthly rental fee for an occupied replacement rental unit is increased after the relocatees receive their rental subsidy payment, no additional payment will be made by the department to cover the increased monthly rental expenditure.<br /> <br /> :If the relocatees received their payment in installments, the amount of installment payments will not be recomputed, changed or increased if the monthly rental fee of their replacement rental unit is increased after they receive their initial installment payment.<br /> <br /> :This policy applies regardless as to whether the rental fee was increased within the first year after the original displacement or in subsequent years.<br /> <br /> :'''(7) Relocatee Displaced From Conventional Dwelling or Mobile Home Becomes Occupant of Rest Home'''<br /> <br /> :The rental subsidy payment for a relocatee who moves to and becomes a permanent rest home occupant after being displaced from a conventional dwelling unit, or from a mobile home, is computed in the routine manner using the portion of the monthly rest home fee that is chargeable to basic &quot;room rent&quot; and utilities as the replacement rental fee.<br /> <br /> :If the relocatee becomes a temporary rest home patron after displacement, provide the facts involved to the Right of Way Section and request instructions before making a commitment to the relocatee.<br /> <br /> :'''(8) Conversion of Payment'''<br /> <br /> :Displaced tenants who rent their original replacement dwellings can '''within''' the one-year time period purchase and occupy a replacement dwelling and claim a down payment assistance; however, the amount of any previously paid rental subsidy must be deducted from the down payment assistance.<br /> <br /> :90-Day owners, who originally rent their replacement dwelling can, '''within''' the one-year period, purchase and occupy a replacement dwelling and claim a RHP. Any previously paid rental subsidy payment will be deducted from the RHP.<br /> <br /> :In either case, the second payment will be computed as if the current replacement dwelling had been originally purchased and as if the interim rental status had not occurred. If it is not possible to determine which replacement housing was available for purchase by a 90-Day owner at the time original displacement, the maximum RHP would be based on the most nearly comparable DS&amp;S replacement dwelling available at the time the relocatee purchased the second replacement.<br /> <br /> :Neither down payment assistance or RHPs will be available to relocatees who change their ownership-occupancy status after the above-referenced one-year period.<br /> <br /> ===236.8.11.5 Rental Subsidy Claim Forms===<br /> <br /> Relocatees must use RA Claim [http://eprojects/Templates/RW/Chapter%208_Relocation/Rental%20Subsidy%20Claim%20Form%20236.8.11.5.pdf Form 236.8.11.5(a)], and no other, in claiming their payment in one lump sum.<br /> <br /> General information concerning claim forms previously discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(d)]], also apply to the rental subsidy claim form.<br /> <br /> '''(a) Rental Subsidy Claim Form--Lump Sum Payments (RA Form 236.8.11.5(a))'''<br /> <br /> :'''(1) Time For Filing Claims'''<br /> <br /> :The claim must be filed within 18 months after the date the relocatees move from the subject dwelling unit but not before they have rented and occupied a DS&amp;S replacement dwelling unit. Rental subsidy claims can be paid as soon as the relocatees meet all eligibility requirements. It is '''not''' necessary to wait until the dwelling from which they were displaced has been acquired by the department.<br /> <br /> '''NOTE A: Direct Payment to Lessor'''<br /> <br /> Upon specific written request from eligible relocatees, their rental subsidy payment can be made directly to a lessor as rental for a DS&amp;S replacement dwelling unit. The relocatees' request for a direct payment must (1) state their desires, (2) name the persons to whom they want the check made payable, (3) advise that those named are lessors of the dwelling unit they are renting to replace the unit from which they are being displaced by the department, (4) that the payment is being applied to the rental charge for the replacement dwelling unit, and (5) that they take full responsibility for the completeness and accuracy of the lessors' names and that they fully understand that the department will not be responsible for the omission of any person from the payment who has an interest in the replacement property. The rental subsidy payment will not be divided, the entire amount due must be paid in one check to the same party or parties.<br /> <br /> :The front of the claim form should be completed and executed in the routine manner. The district must show the persons to whom the check is to be made payable in the appropriate space at the top of the backside of the form. Under comments, explain that the payment is being made to the lessor of the replacement dwelling unit as requested by the relocatee. Attach a copy of the relocatees' written request for direct payment to each copy of the claim, those submitted with the payroll and the copy retained for the unit file.<br /> <br /> '''(b) Manner of Disbursing Rental Subsidy Payment'''<br /> <br /> :Rental subsidy payments will be disbursed in a lump sum, unless the district, with concurrence from the Right of Way Section, determines that the payment should be made in installments.<br /> <br /> ==236.8.12 Relocation Assistance Program - Down Payment Assistance==<br /> <br /> ===236.8.12.1 General Policy===<br /> <br /> Displaced tenants who elect to purchase in lieu of renting a DS&amp;S replacement dwelling, and who actually do so, are entitled to a down payment assistance if they meet the eligibility requirements discussed in following [[236.8 Relocation Assistance Program#236.8.12.2 Payment Eligibility Requirements|EPG 236.8.12.2]].<br /> <br /> The payment amount is equal to their computed rental subsidy payment plus reimbursable incidental closing costs, the combined total of which normally cannot exceed $7,200.<br /> <br /> '''(a) Displaced Tenants - Computed Down Payment Assistance is $7,200 or Less'''<br /> <br /> The payment will be based on the '''lesser of''' (1) the amount of the computed rental subsidy plus incidental closing costs, or (2) the amount the relocatees actually paid down in the purchase of their replacement dwelling plus eligible incidental closing costs.<br /> <br /> '''(b) Down Payment Assistance in Excess of $7,200'''<br /> <br /> The right of way manager must specifically authorize any down payment assistance in excess of $7,200 as a last resort housing payment.<br /> <br /> :'''(1) Last Resort Down Payment Assistance'''<br /> <br /> ::'''a. Tenants'''<br /> <br /> ::Last resort down payment assistance is available to displaced tenants only when either of the following conditions exist:<br /> <br /> ::(1) there are no comparable DS&amp;S replacement rental dwelling units available on the market, <br /> <br /> ::(2) the only comparable DS&amp;S replacement rental dwelling units available would require a rental subsidy payment that exceeds $7,200.<br /> <br /> ::Last resort down payment assistance available to tenants cannot exceed the amount the relocatee would be entitled to as a rental subsidy payment based on the monthly rental of the most nearly comparable DS&amp;S replacement dwelling unit available on the market including incidental closing costs.<br /> <br /> ::Should the original last resort rental subsidy offer be reduced to $7,200, it must be withdrawn and an offer of $7,200 or less made.<br /> <br /> ===236.8.12.2 Payment Eligibility Requirements===<br /> <br /> Eligibility requirements include all those requirements previously stated for rental subsidy payments.<br /> <br /> '''(a) Down Payment Assistance Must Be Applied to Purchase Price of Replacement'''<br /> <br /> The relocatees must make a payment on their replacement residential property equal to or exceeding the amount paid to them as a down payment assistance.<br /> <br /> It is '''not''' required that the relocatees obtain a loan for the purchase of their replacement. They can pay any part of the purchase price from their own resources without the necessity of borrowing money on the property without affecting their payment eligibility.<br /> <br /> '''NOTE''': Money spent by a relocatee in correcting DS&amp;S deficiencies in a newly purchased replacement dwelling will, when properly documented to prove the expenditure, be considered as having been included in the actual down payment made by the relocatee. The value of labor contributed in correcting these deficiencies can be included with prior Right of Way Section concurrence.<br /> <br /> '''(b) Replacement Dwelling Must Be Acquired and Occupied Within One Year'''<br /> <br /> Eligible relocatees must acquire and occupy DS&amp;S replacement dwellings within a one-year period determined in the following manner.<br /> <br /> :'''Tenant''': The same one-year period as discussed in [[236.8 Relocation Assistance Program#236.8.11.2 Payment Eligibility Requirements|EPG 236.8.11.2(a)(3)]], which is applicable when rental subsidy payments are involved.<br /> <br /> ===236.8.12.3 Payment Computations===<br /> <br /> Compute a rental subsidy payment offer, using a Rental Subsidy Offer Computation Sheet [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Rental%20Subsidy%20Offer%20Computation%20Sheet%20Form%20236.8.11.3.B.pdf (Form 236.8.11.3(b)]), to determine the maximum rental subsidy payment the relocatees could be paid. If the computed &quot;offer&quot; is $7,200 or less, their down payment assistance will be limited to $7,200 including incidental expenses. The down payment and closing costs combined cannot exceed $7,200. '''No additional steps are necessary'''.<br /> <br /> If the rental subsidy offer exceeds $7,200, payment will be made under the provisions of last resort and will be limited to the computed rental subsidy amount including incidentals.<br /> <br /> In some cases, relocatees will need to know in advance the maximum payment they could receive before committing to the purchase of a replacement dwelling. If so, the information should be made available to them.<br /> <br /> The &quot;Computation Section&quot; of a Down Payment Claim Form can be used as a work sheet when computing down payment assistance. (Future reference to the &quot;Computation Work Sheet&quot; relates to the use of a Down Payment Claim Form in this manner.)<br /> <br /> :'''Line 1''': Insert the computed rental subsidy amount that was offered to the relocatee.<br /> <br /> :'''Line 2''': This line must reflect the documented amount that the relocatees actually paid down in the purchase of their replacement residential property. The closing statement, a copy of which is to be placed in the unit file, will normally show the amount of the down payment. If a closing statement was not prepared, obtain certified statements from both the relocatee and the lending agency verifying the amount of the down payment.<br /> <br /> :If the down payment assistance is being paid into escrow, the amount to be shown on this line is the down payment that the relocatees have committed to make in the purchase of their replacement residential property.<br /> <br /> :Documented construction and/or DS&amp;S improvement costs can be considered as having been &quot;paid down&quot; in the purchase of the replacement property.<br /> <br /> :'''Lines 3 thru 9''': Self-explanatory. (It is advisable to review [[#236.8.9 Relocation Assistance Program - Incidental Closing Costs|EPG 236.8.9(a) and (b)]], which relate to incidental closing costs before completing lines 5 thru 9.)<br /> <br /> :'''Lines 10 and 11''': Line 10 is provided to include the points paid by the relocatees in financing their replacement dwelling. Line 11 should reflect any loan origination and/or service fees paid by them.<br /> <br /> :'''Line 12''': Self-explanatory.<br /> <br /> :'''Line 13''': This line has been included on the form to ensure that any previously paid rental subsidy payment will be deducted from the relocatees' down payment assistance. A deduction of this type will be necessary if a relocatee who originally rents a replacement dwelling unit and claims a rental supplement payment later, but within the first year after displacement, purchases a DS&amp;S replacement and claims down payment assistance.<br /> <br /> :&quot;Total Amount Claimed&quot; is self-explanatory.<br /> <br /> '''(1) Use of Claim Form Computation Work Sheet in Multi - Occupancy of Same Single - Family Dwelling'''.<br /> <br /> Should eligible individuals and/or families who are displaced from the same single-family dwelling purchase and occupy different DS&amp;S replacement dwellings, each will be entitled to a separate payment.<br /> <br /> Each eligible party's payment can be computed by using the computations section of the [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Down%20Payment%20Claim%20Form%20236.8.12.5.pdf RA Claim Form 236.8.12.5] in the following manner. The procedure must be completed for each eligible party.<br /> <br /> Review EPG 236.8.12.3, which provides instructions for use of the claim form as a payment computation work sheet.<br /> <br /> :'''Lines 1 thru 11''': Complete in the normal manner. Use the total unprorated rental subsidy on line 1.<br /> <br /> :'''Line 12''': Divide the total of lines 9, 10 and 11 by the '''total''' number of separate parties that occupied the subject unit and insert the resulting figure on line 12.<br /> <br /> :'''Line 13''': Self-explanatory.<br /> <br /> '''(2) Use of Claim Form Computation Work Sheet When Computing Last Resort Payment For Tenants'''<br /> <br /> Review [[236.8 Relocation Assistance Program#236.8.12.1 General Policy|EPG 236.8.12.1(b)(1)a]], before proceeding.<br /> <br /> Type &quot;LAST RESORT PAYMENT&quot; in capital letters across the top of the claim form.<br /> <br /> :'''Lines 1 thru 13''': Instructions for completing these lines as provided in EPG 236.8.12.3, are fully applicable.<br /> <br /> ===236.8.12.4 Advance Down Payment Assistance===<br /> <br /> When relocatees do not desire to use their existing resources, to make a down payment on a replacement dwelling prior to receiving the payment, it is permissible to process their claim for advance payment.<br /> <br /> Review [[236.8 Relocation Assistance Program#236.8.8.1 General Policy|EPG 236.8.8.1(a)]], which is generally applicable for down payment assistance and provides the conditions under which advance payments will be made. This Section, is fully applicable to down payment assistance; however, Escrow Agreement Form 236.8.8.1(b), is not applicable. Use the Down Payment Escrow Agreement discussed in following subparagraph (a) when down payment assistance is involved.<br /> <br /> '''(a) Down Payment Escrow Agreement (See [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Down%20Payment%20Escrow%20Agreement%20Form%20236.8.12.4.pdf RA Form 236.8.12.4(a)])'''<br /> <br /> The escrow payment procedure is normally desirable in making an advance payment if the seller of the replacement dwelling is agreeable to closing the transaction and permitting the relocatees to occupy the dwelling prior to receipt of the entire purchase price with the condition that the relocation payment will be placed in escrow for immediate delivery after the relocatees purchase and occupancy eligibility requirements are fulfilled.<br /> <br /> The following actions should be taken when the escrow payment procedure is used:<br /> <br /> :'''Step 1''': The Relocation Agent and relocatees should mutually agree on a qualified Escrow Agent other than the real estate firm that is handling the sale of the replacement property to the relocatees. Reasonable escrow fees, which should always be predetermined, can be paid by the department as routine relocation incidental expenses.<br /> <br /> :'''Step 2''': District personnel should fill out a &quot;Down Payment Escrow Agreement,&quot; RA Form 236.8.12.4(a), in the following manner.<br /> <br /> :List the names of all relocatees who are eligible to receive the payment in the first blank space as &quot;Purchasers.&quot; Insert the name of the Escrow Agent in the second space.<br /> <br /> :Compute the amount to be shown in the third paragraph of the agreement by using a Down Payment Claim Form [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Down%20Payment%20Claim%20Form%20236.8.12.5.pdf (Form 236.8.12.5)] as a work sheet.<br /> <br /> ::(1) Complete lines 1, 2 and 3 in the routine manner. Line 2 will reflect the down payment amount that the relocatees agreed to pay when they obtained their loan commitment from the lending agency which is financing the purchase of their replacement dwelling.<br /> <br /> ::(2) Mark line 9 &quot;N/A.&quot;<br /> <br /> ::(3) Insert the amount shown on line &quot;Total Amount Claimed&quot; of the computation sheet (Claim Form) in the third paragraph of the Escrow Agreement.<br /> <br /> '''NOTE''': The computed amount to be shown in the third paragraph of the agreement does not include any incidental closing costs, fees or points.<br /> <br /> The amount to be shown in the first numbered paragraph of the agreement, which relates to the amount to be deposited with the Escrow Agent, is the same amount that was shown in the preceding paragraph of the agreement.<br /> <br /> The amount to be shown in the fifth numbered paragraph of the agreement is the same amount that was shown on line &quot;Total Amount Claimed&quot; of the above-referenced computation sheet, the computation sheet that was used in computing the amount inserted in the third paragraph of the agreement.<br /> <br /> :'''Step 3''': The agreement must be signed by all relocatees whose names appear in the first paragraph of the agreement as &quot;Purchasers&quot; who executed the agreement, the escrow agent and the department.<br /> <br /> :The wording in the fourth numbered paragraph of the agreement should be interpreted to mean that the escrow agent will check with the district prior to releasing the payment so that the district can ensure that all payment eligibility requirements have been fulfilled. This requirement should be explained at the time the escrow agent's copy of the agreement is signed.<br /> <br /> :'''Step 4''': Give one copy of the agreement to the relocatees, one copy to the escrow agent and retain original for the unit file.<br /> <br /> :'''Step 5''': Assist the relocatees in completing and filing their down payment assistance claim.<br /> <br /> :Should the relocatees purchase a replacement under a binding purchase agreement or under any other arrangement that would cause the wording in the second numbered paragraph to be inaccurate, advise the Right of Way Section.<br /> <br /> :If relocatees, who intend to obtain a replacement other than through outright purchase of a DS&amp;S replacement dwelling, request an &quot;advance&quot; down payment, advise the Right of Way Section.<br /> <br /> :Escrow fees should not be paid until the escrow agent has provided a signed receipt as required in the fourth numbered paragraph of the Escrow Agreement.<br /> <br /> '''NOTE''': As previously explained, escrow deposits do not include incidental closing costs as the amount of these costs will not be known at the time the escrow deposit is made. Paragraph 5 of the Escrow Agreement states that the relocatees must make an actual down payment in the purchase of their replacement that is not less than the specified amount in order for the escrow deposit to be released. In nearly every case, the relocatees will have progressed far enough with the purchase of their replacement by the time the Escrow Agreement is signed to ensure that they will make the specified down payment. It is possible, with district Right of Way Manager’s approval, to authorize the escrow agent to release a lesser amount than the total escrow deposit to the relocatees and refund the balance to the department if the relocatees' actual down payment is less than the amount paid into escrow. The relocatees can claim the applicable portion of their incidental closing costs in a later claim.<br /> <br /> '''(b) Include Escrow Agent as Payee on Check'''<br /> <br /> When a Down Payment Escrow Agreement is used, list the payees on the back of the claim form in the following manner:<br /> <br /> &quot;(Escrow Agent's name), Escrow Agent for (list all relocatees who signed claim).&quot;<br /> <br /> The claim payment check should reflect the payees in the same manner.<br /> <br /> ===236.8.12.5 Down Payment Claims===<br /> <br /> '''(a) When Filed'''<br /> <br /> Down payment claims will not be filed until an eligible relocatee has purchased and occupied a DS&amp;S replacement dwelling '''unless''' the advance payment procedures discussed in the preceding paragraphs are used.<br /> <br /> Down payment assistance claims from tenants must be filed with the department no later than 6 months after the expiration of the one-year period discussed in [[236.8 Relocation Assistance Program#236.8.11.2 Payment Eligibility Requirements|EPG 236.8.11.2(a)(3)]].<br /> <br /> '''(b) Down Payment Claim Form (See [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Down%20Payment%20Claim%20Form%20236.8.12.5.pdf RA Form 236.8.12.5])'''<br /> <br /> Down Payment RA Claim Form 236.8.12.5 must be used in claiming down payment assistance.<br /> <br /> Any member of the district right of way staff is authorized to assist the relocatee in computing the payment and in completing the claim form. The claim and accompanying documentation must be carefully checked after it is received in the district and prior to submission to the Right of Way Section for payment.<br /> <br /> The claim form is designed to enable eligible relocatees to include incidental closing costs. Instructions applicable to incidental closing costs and the manner in which they should be included on this type claim form are provided in [[#236.8.9.2 Claim Forms|EPG 236.8.9.2(b)]].<br /> <br /> The &quot;Computations&quot; section of the claim should be completed as discussed in [[236.8 Relocation Assistance Program#236.8.12.3 Payment Computations|EPG 236.8.12.3]].<br /> <br /> '''(c) Required Documentation'''<br /> <br /> :'''(1) Routine Claims Submitted After Replacement Purchased'''<br /> <br /> :Copies of the &quot;closing statement&quot; showing the amount of the actual down payment made must be attached to the original copy of the claim form when submitted by the relocatee. Also attach a copy of any &quot;sales agreement&quot; that was used in the transaction.<br /> <br /> :If the closing statement does not clearly show the amount of the actual down payment made by the relocatee or if a closing statement was not prepared, the relocatee must provide a notarized statement signed by both the buyer and seller certifying the amount paid down. Under this circumstance, the district should be sure prior to making the payment that the deed or sales contract by which the relocatee acquires the replacement dwelling is recorded in the office of the County Recorder of Deeds. See [[236.8 Relocation Assistance Program#236.8.1.5 Ownership Qualifications|EPG 236.8.1.5(c)]] if a sales contract is involved.<br /> <br /> :In addition, copies of paid receipts must be included to prove all incidental costs claimed if they were not included in a closing statement and any other documentation necessary to support all of the costs and payments included in the claim for reimbursement.<br /> <br /> :If construction costs are considered as having been paid down in the purchase of the replacement property, these costs must be documented by paid receipts or other proof.<br /> <br /> :All documentation is to be retained in the district unit file and is not to accompany claims submitted to the Right of Way Section for payrolling.<br /> <br /> :'''(2) Advance Claims Submitted Under Escrow or Relocation Housing Possession Agreement Provisions'''<br /> <br /> :Advance claims covered by a signed Escrow or Relocation Housing Possession Agreement do not require additional attached documentation. Documentation as required in preceding paragraph (1) must be obtained for the unit file before or at the time the escrow payment is released.<br /> <br /> :The down payment amount set out in an &quot;Escrow Agreement&quot; must be the same amount as reflected in the advance claim unless approval for a different payment amount was approved by the Right of Way Section under the procedure discussed in the NOTE at the end of [[236.8 Relocation Assistance Program#236.8.12.4 Advance Down Payment Assistance|EPG 236.8.12.4(a)]].<br /> <br /> :After the closing has occurred and payment has been delivered to the relocatee by the Escrow Agent, a signed receipt will be available for the file as required in the Escrow Agreement.<br /> <br /> :Advance claims submitted under the escrow provision must be accompanied by a copy of the executed &quot;Down Payment Escrow Agreement&quot; when forwarded to the Right of Way Section for payment.<br /> <br /> :'''(3) Incidental Costs Must Be Documented'''<br /> <br /> :All incidental costs claimed must be shown in the closing statement. If a closing statement was not prepared, expenditures must be supported by paid receipts.<br /> <br /> '''(d) Direct Payment to Seller of Replacement Dwelling'''<br /> <br /> The relocatees' payment will be made directly to the seller of the replacement dwelling '''if''' the relocatees specifically request it in writing.<br /> <br /> The relocatees' written request must (1) clearly state their desires, (2) name the specific persons to whom they want the check made payable, (3) include a statement that the parties named are the grantors of the dwelling they are acquiring to replace the dwelling unit from which they are being displaced by the department, (4) that the payment is being applied to the purchase price of their replacement dwelling, and (5) that they take full responsibility for the completeness and accuracy of the grantors' names and that they fully understand that the department will not be responsible for the omission of any person from the payment who has an interest in the replacement property. The payment will not be divided. The entire amount due must be paid in one check to the same party or parties.<br /> <br /> The front of the down payment claim form should be completed and executed by the relocatees in the routine manner. The district must show the person or persons to whom the check is to be made payable in the appropriate space at the top of the back side of the form. Under &quot;Comments&quot; explain that the payment is being made to the grantor of the replacement dwelling as requested by the relocatees. Attach a copy of the relocatees' written request for direct payment to each copy of the claim form.<br /> <br /> ==236.8.13 Relocation Assistance Program - Last Resort Housing==<br /> <br /> ===236.8.13.1 General Explanation===<br /> <br /> As noted in preceding sections, the Uniform Relocation Regulations establish maximum payment limitations for the various types of RHPs. The regulations also prohibit acquiring agencies from causing residential occupants to move from their dwellings unless comparable DS&amp;S replacement housing has been made available to them.<br /> <br /> Without relief from these limitations and prohibitions, it would not be possible to proceed with a project when the only replacement dwellings available require RHPs in excess of the maximum payment limitations or when there is no existing replacement housing available. Relief is provided in the Uniform Regulations which authorize Last Resort Housing Payments.<br /> <br /> These payments can be made available under the Last Resort Housing Program when there is reasonable likelihood that the project will not be able to proceed in a timely manner because comparable DS&amp;S replacement housing cannot otherwise be made available to the residential relocatees.<br /> <br /> The department is given broad latitude in providing replacement housing under this program, providing that the costs are reasonable and the measures taken to provide last resort housing are cost effective.<br /> <br /> '''(a) Methods of Providing Last Resort Replacement Housing'''<br /> <br /> Practically any reasonable and cost effective procedure can be used in providing last resort replacement housing. The methods of providing last resort housing include, but are not limited to:<br /> <br /> :'''1'''. Rehabilitation of and/or additions to an existing replacement dwelling.<br /> <br /> :'''2'''. The construction of a new replacement dwelling.<br /> <br /> :'''3'''. The relocation of an existing dwelling and, if necessary, its rehabilitation.<br /> <br /> :'''4'''. The purchase of land and/or a replacement dwelling by the department and sale or lease to the relocatee.<br /> <br /> :'''5'''. Changes as necessary in a replacement dwelling to enable it to accommodate a disabled relocatee.<br /> <br /> :'''6'''. The provision of a direct loan that requires a regular amortization or deferred payment. The loan may be unsecured or secured by the real property. It may bear interest or be interest free. This procedure cannot be applied in lieu of a RHP but used only when a relocatee cannot otherwise secure financing. <br /> <br /> :'''7'''. A replacement housing, down payment or rental subsidy payment that exceeds the maximum payment limitations for the type payment involved.<br /> <br /> Procedure 7 will normally be the most cost effective way to provide suitable last resort replacement housing. In this case, a comparable DS&amp;S replacement will be available but the computed RHP based on such replacement will exceed the maximum payment limitation. When justified, approval will be granted to pay the computed amount as a last resort payment.<br /> <br /> Under limited conditions, in areas where replacement housing is in short supply, it may be permissible for the department to rent an available replacement unit and hold it open for tenants that will be displaced by a project. It may also be permissible for the department to rent a dwelling that is being acquired as right of way for a project if it becomes vacant prior to acquisition or prior to the date possession is obtained by the department to ensure that it will not be rented to subsequent occupants. Neither procedure will be considered routine and will be used only in those cases where it is clearly in the department's best interest to do so. <br /> <br /> '''(b) Last Resort Housing Plan'''<br /> <br /> All last resort RHPs must be approved in advance by the district Right of Way Manager.<br /> <br /> '''(c) Additional Information Relating to Last Resort Payments'''<br /> <br /> :'''1'''. All types of last resort housing payments will be properly coded on relocation payrolls to the appropriate activity, object and sub-object codes.<br /> <br /> :'''2'''. If any part of a RHP is last resort, the entire payment will be last resort. There is no instance when only the portion of a payment that exceeds the maximum dollar limitation is &quot;charged&quot; to last resort.<br /> <br /> :'''3'''. Once approved for last resort, the payment will be properly coded for “last resort” payment even though the actual payment does not exceed the maximum payment limitation as originally anticipated.<br /> <br /> :'''4'''. Any RHP to a relocatee with less than 90 days occupancy will be considered a last resort payment.<br /> <br /> :'''5'''. Relocatees cannot be forced to accept the replacement made available under last resort, without their written consent, in lieu of any acquisition '''or''' relocation payment for which they are otherwise eligible.<br /> <br /> :'''6'''. The department's obligation to ensure that a comparable DS&amp;S replacement dwelling is available shall be met when a dwelling, or assistance necessary to provide a dwelling, is offered under the Last Resort Program.<br /> <br /> Do not hesitate to request advice and/or assistance from the Right of Way Section when the necessity for a last resort housing payment is experienced.<br /> <br /> ==236.8.14 Relocation Assistance Program - Possession Policies and Vacancy Notices==<br /> <br /> ===236.8.14.1 General Information===<br /> <br /> '''(a) Owner-Occupants'''<br /> <br /> :'''(1) Acquired Through Negotiated Settlement'''<br /> <br /> :Owner-occupants can retain possession of improved properties acquired from them through negotiated settlement for a 90-day period after the right of way payment is made to them or their Escrow Agent. If the parcel is vacated prior to the end of the 90-day possession period, possession will be taken by the department immediately after vacancy. This policy applies to residential units, businesses and/or farm buildings and those owned by nonprofit organizations.<br /> <br /> :When unimproved and/or vacant property is acquired by negotiated settlement, both title and possession pass to the department at the time the owners or their Escrow Agent is paid for the right of way involved.<br /> <br /> :'''(2) Acquired by Condemnation'''<br /> <br /> :Owner-occupants of improved property acquired by condemnation shall be granted 30 days' possession after they are provided a &quot;Notice to Vacate&quot; by the department. The &quot;Notice to Vacate&quot; will be mailed immediately after the owners' condemnation commissioners' award is paid into court. '''However, any displaced owner-occupant of a principal place of residence shall have one hundred days from the date the commissioners’ report is filed with the court'''.<br /> <br /> :If unimproved and/or vacant property is acquired through condemnation, the department is entitled to possession ten days after the condemnation commissioners' award is paid into court unless the court grants the property owners additional time to deliver possession.<br /> <br /> '''(b) Owner-Non-occupants'''<br /> <br /> The possession periods and the possession policies established in the preceding paragraphs also apply for owners of occupied properties who do not themselves occupy the subject parcel.<br /> <br /> If tenants occupy the subject property, the owners are entitled to any rental fees during the possession period. Rentals are to be paid directly to owners by the tenants and such owners are responsible for any building or utility repairs and/or maintenance that becomes necessary during that period.<br /> <br /> The department will take immediate possession of tenant-occupied property that is vacated prior to the end of the authorized vacancy period '''unless''' there are items of personal property or unharvested garden products remaining on the subject parcel after the tenants have moved. If these items remain on the property, it will be necessary, prior to the district taking possession, for both the property owners and the former tenants to agree in writing that the property has been vacated and that they claim no further interest or occupancy rights in it. The district can prepare a letter, addressed to the department, for the owners and tenants to sign which clarifies this point. (If the owners were granted a salvage removal period, possession cannot be taken by the department until the possession period has expired or until the salvage has been removed, whichever occurs first).<br /> <br /> Owners can, if they so desire, elect to surrender immediate possession of the subject property, in which case, they shall not be entitled to rental fees paid after the possession date and will not be responsible for building maintenance and repairs after that date.<br /> <br /> '''(c) Tenants'''<br /> <br /> Tenants will be responsible to the owners for rental fees due and payable during the owners' authorized possession period and to the department if they continue to occupy the property after the end of the owners' authorized possession period.<br /> <br /> No tenant, or owner-occupant, may be forced by the department to vacate an improved property without being provided at least 90-days written notice of the required vacancy date. '''However, any displaced owner-occupant of a principal place of residence acquired by condemnation shall have one hundred (100) days possession from the date the commissioners’ report is filed with the court'''. If the property owners elect not to retain possession of the property for the 90-day possession period as discussed, the tenants will be advised in writing to submit their rental payments to the district office. Under this circumstance, an Extension of Possession Agreement will not be required to cover the period between the time the owners' possession terminates and the vacancy date set out in the tenants' 90-day vacancy notice '''but''' will be required if the tenants retain possession after the vacancy date specified in their 90-day vacancy notice. Transmit rental payments collected under this condition to the Right of Way Section and explain the circumstances involved.<br /> <br /> Landlords normally have the right to require tenants to vacate right of way parcels during their authorized possession period. This action is strictly between the owners and tenants and department personnel must not become involved. Department personnel will not in any way be held responsible for actions taken by the landlord.<br /> <br /> '''(d) Decent, Safe and Sanitary Residential Replacement Property Must Be Available'''<br /> <br /> :'''(1) Owner-Occupants and Tenants With 90 Days Prior Occupancy'''<br /> <br /> :Residential owner-occupants and residential tenants who were in occupancy of the dwelling unit from which they are being displaced for at least 90 consecutive days prior to the initiation of negotiations for the subject parcel must not be forced by the department to vacate until a comparable or better DS&amp;S replacement unit is made available to them.<br /> <br /> :Every effort must be made to enable relocatees to select the option they desire in obtaining their replacement, however, relocatees cannot refuse to vacate the subject parcel if replacement housing that meets the previously discussed criterion is available to them even though they preferred to change their status from owners to tenants or vice versa.<br /> <br /> :'''(2) Owner-Occupants and Tenants With Less Than 90 Days Prior Occupancy and Subsequent Occupants'''<br /> <br /> :[[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(c)(2) and (3)]], and [[236.8 Relocation Assistance Program#236.8.6.1 Payment Eligibility|EPG 236.8.6.1(b)]], explain the department's obligation to provide replacement housing for residential subsequent occupants who were not in occupancy at the initiation of negotiations but who were in occupancy at the time the subject dwelling was acquired by the department.<br /> <br /> :These occupants cannot be forced to vacate by the department until the required replacement housing has been made available to them.<br /> <br /> :'''(3) Residential Occupants Who Are Not in Legal Occupancy of Subject''' <br /> <br /> :The department normally has no obligation to provide replacement housing for non-legal occupants of residential housing.<br /> <br /> :Advise the Right of Way Section when non-legal occupants are encountered.<br /> <br /> '''(e) Evictions and Forced Vacancies'''<br /> <br /> The Chief Counsels Office shall handle all evictions and actions required to force delivery of possession. When this need arises, contact the regional counsel, or if none is available, Chief Counsels Office.<br /> <br /> '''(f) Partial Displacements'''<br /> <br /> Possession policies discussed in the preceding paragraphs (a), (b), (c) and (e), also apply when partial displacements are involved. See the definition of &quot;partial displacement&quot; in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(e)]].<br /> <br /> '''(g) Displacements Created by Landlocking Parcels'''<br /> <br /> Owners and tenants who are displaced due to their improvements and/or personal property being located on land that is being landlocked due to an acquisition must be notified at least 90 days before their access is removed.<br /> <br /> The applicable vacancy notices discussed in following [[236.8 Relocation Assistance Program#236.8.14.2 Notice to Vacate|EPG 236.8.14.2]], can be used in providing the notice '''except''' that some of the wording must be changed to fit the situation.<br /> <br /> ===236.8.14.2 Notice to Vacate===<br /> <br /> '''(a) General Information'''<br /> <br /> All vacancy notices provided to relocatees by the department, with the exception of the advanced vacancy notice discussed in EPG 236.8.14.2(d)1(a), must give a specific vacancy date.<br /> <br /> If vacancy dates are extended, the relocatees must be advised in writing. The relocatees' &quot;Extension Notice&quot; must provide a new vacancy date.<br /> <br /> Vacancy notices are not required if occupants move of their own volition prior to the time the department issues 90-Day notices.<br /> <br /> Only the vacancy notices provided herein are to be used and they must not be changed or altered except as specifically authorized in this section of the manual without prior approval by the Right of Way Section. All vacancy notices should be sent by certified mail or hand delivered.<br /> <br /> The notices discussed in the following subparagraphs apply regardless of whether the displacement involves an individual, family, business, farm operation or nonprofit organization.<br /> <br /> '''(b) Owners - Negotiated Settlements'''<br /> <br /> Right of Way Escrow Agreements will be used in all cases when improved properties are acquired from owners through negotiated settlement. The displaced owners will execute the approved Escrow Agreement discussed in [[236.7 Negotiation#236.7.4.2 Escrow Agreements|EPG 236.7.4.2 Escrow Agreements]]. It specifies that owners agree to vacate the subject property and deliver peaceable possession thereof to the department within a specified period.<br /> <br /> When a right of way Escrow Agreement is used, the property owners must be advised by certified mail when their right of way payment is delivered to the escrow agent and the date that vacancy or possession is required.<br /> <br /> When partial displacements are involved, and an escrow agent is not used, provide the owners with an [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Vacancy%20Notice%20Negotiated%20Stmt%20Partial%20Disp%20Form%20236.8.14.2.B.docx RA Form 236.8.14.2(b)] as soon as they receive the right of way payment.<br /> <br /> '''NOTE''': A review of the Negotiator's Report or, if used, the optional Acquisition Statement [http://eprojects/Templates/RW/Chapter%208_Relocation/Acquisition%20Statement%20Form%20236.8.5.8.B.pdf RA Form 236.8.5.8(b)], will reveal whether or not an Escrow Agreement was used in the acquisition of the subject parcel.<br /> <br /> '''(c) Tenants - Negotiated Settlements'''<br /> <br /> :'''(1) Total Displacements ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Vacancy%20Notice%20Negotiated%20Settlement%20Total%20Displ%20Tenants%20Form%20236.8.14.2.C.1.docx RA Form 236.8.14.2(c)1])'''<br /> <br /> :RA Form 236.8.14.2(c)1 is to be used in providing vacancy notices to tenants who are totally displaced by an acquisition.<br /> <br /> :In the second paragraph show the mailing address of the subject right of way parcel regardless of whether it is urban or rural property.<br /> <br /> :The vacancy date will be the last day of the 90-day period discussed in [[236.8 Relocation Assistance Program#236.8.14.1 General Information|EPG 236.8.14.1(a)1]].<br /> <br /> :The vacancy notice must be mailed (certified) to the tenant immediately after the right of way consideration is paid to the property owners or to their Escrow Agent.<br /> <br /> :Retain a dated copy of the notice for the unit file.<br /> <br /> :'''(2) Partial Displacements'''<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Vacancy%20Notice%20Negotiated%20Stmt%20Partial%20Disp%20Form%20236.8.14.2.B.docx RA Form 236.8.14.2(b)], which has been previously discussed in EPG 236.8.14.2(b), is also applicable for use when a tenant is involved in a partial displacement negotiated settlement.<br /> <br /> :In this case, the name of the property owners from whom the right of way was acquired must be inserted in the first space in the second paragraph of the form.<br /> <br /> :The form will be mailed (certified) to the tenant immediately after the owners or their Escrow Agent is paid the negotiated right of way consideration.<br /> <br /> '''(d) Owner-Occupants and/or Tenants - Condemnation'''<br /> <br /> :'''(1) Total Displacements'''<br /> <br /> ::'''(a) First Vacancy Notice – Owner-Occupants (not displaced from their principal place of residence)/Tenants ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20-%20Cond%20Tot%20Displ%20Tenant%20and%20owner%20Form_236.8.14.2.D.1A.docx RA Form 236.8.14.2(d)1(a))])'''<br /> <br /> ::Displaced owner-occupants (not displaced from their primary place of residence) and tenants who are totally displaced must be provided two separate vacancy notices when the property they occupy is being acquired through condemnation.<br /> <br /> ::The first notice must be mailed (certified) to the '''Owner-Occupants (not displaced from their principal place of residence)''' tenants as soon as a condemnation petition covering the subject property has been filed in court.<br /> <br /> ::RA Form 236.8.14.2(d)1(a) must be used in providing this first vacancy notice.<br /> <br /> ::Address two copies of RA Form 236.8.14.2(d)1(a) to the property owners or tenants and mail the originals to the tenants.<br /> <br /> ::'''(b) Final Vacancy Notice Owner-Occupants (not displaced from their principal place of residence)/Tenants ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Cond%20Total%20Disp%20Form%20236.8.14.2.D.1.B.docx RA Form 236.8.14.2(d)1(b)])'''<br /> <br /> ::The final notice must be mailed (certified) to the '''Owner-Occupants (not displaced from their principal place of residence)''' and tenants as soon as the condemnation commissioners' award covering the subject property is paid into court.<br /> <br /> ::The vacancy date to be quoted in this notice should normally be the 30th day after the anticipated date that the relocatees will receive the notice. The vacancy date in the &quot;Final Vacancy Notice&quot; should never be sooner than 90 days after the date that the &quot;First Vacancy Notice&quot; was provided to the relocatees. Follow the same steps discussed in preceding subparagraph (a) in providing this notice to the relocatees.<br /> <br /> ::Should the property owners change their minds after the first notice was mailed and settle without the necessity of condemnation, the instructions and information previously provided relating to negotiated settlements will generally apply. However, since the owner has been provided a vacancy notice giving at least 90 days, the normal procedure of giving 90 days from the date of payment is not applicable. The Escrow Agreement should be modified to recite that the previous 90 days' notice is still in effect. A 30-day notice should be given when the right of way payment is delivered to the Escrow Agent. Should the settlement with the owner specify a full 90-day possession period, follow procedures outlined in normal negotiated settlements. This full 90-day period after payment would be considered an administrative settlement and normally require division approval. Prior to making this type of settlement, full consideration must be given to the letting date for the project.<br /> <br /> ::If tenants are involved, they should be sent a vacancy notice ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Vacancy%20Notice%20Negotiated%20Settlement%20Total%20Displ%20Tenants%20Form%20236.8.14.2.C.1.docx RA Form 236.8.14.2(c)(1)]).<br /> <br /> ::'''(c) Final (ONLY) Vacancy Notice – Condemnation-Owner Occupants - Displaced from primary place of residence ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Condemnation%20Total%20Form%20236.8.14.2.D.1.C.docx RA Form 236.8.14.2(d)1(c)])'''<br /> <br /> ::The final and only vacancy notice (Form 236.8.14.2(d)1(c)) must be mailed (certified) to the owner occupants as soon as the '''condemnation commissioners' report is filed with the court'''. This is the only vacancy notice that will need to be sent to an owner occupant displaced from their primary place of residence. This vacancy notice will allow the displacee 100 days of possession from the date the commissioner’s report is filed with the court.<br /> <br /> :'''(2) Partial Displacements'''<br /> <br /> ::'''(a) First Vacancy Notice ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Condemnation%20partial%20discplacement%20Form%20236.8.14.2.D.2.A.docx RA Form 236.8.14.2(d)2(a)])'''<br /> <br /> ::Displaced owner-occupants, owners who are non-occupants and tenants who are involved in a partial displacement subject condemned must be provided two vacancy notices in the same manner as when a total displacement is involved as discussed in the two preceding subparagraphs. The instructions provided in those paragraphs therefore apply in this situation.<br /> <br /> ::The first notice must be provided on RA Form 236.8.14.2(d)2(a).<br /> <br /> ::'''(b) Final Vacancy Notice ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Condemnation%20Form%20236.8.14.2.D.2.B.docx RA Form 236.8.14.2(d)2(b)])'''<br /> <br /> ::This procedure and instructions provided in EPG 236.8.14.2(d)(1)(b) also apply in this situation except that RA Form 236.8.14.2(d)2(b) will be used in providing the final notice to the relocatees.<br /> <br /> ::'''(c) Multi-Unit Buildings or Property'''<br /> <br /> ::When multi-unit buildings or properties are involved, each separate individual and/or family must be provided separate vacancy notices.<br /> <br /> ::'''(d) Multi-Occupancy - Same Single-Family Dwelling Unit'''<br /> <br /> ::Send a separate vacancy notice to each separate individual and/or family involved.<br /> <br /> ::'''(e) Non-Occupant Owners - Partial Displacements'''<br /> <br /> ::It is possible for owners who do not actually reside on the subject to become involved in a partial displacement by owning personal property located thereon.<br /> <br /> ::If a negotiated settlement is involved, follow the instructions provided in preceding EPG 236.8.14.2(b), and use the vacancy notice bearing the same number.<br /> <br /> ::If condemnation is required to obtain the right of way parcel, follow the instructions provided in EPG 236.8.14.2(d)(2)(a), and (b).<br /> <br /> ::'''(h) Displacement Necessitated Because Mobile Home Park Discontinued Due to Severity of Right of Way Acquisition ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Notice%20Tenants%20not%20within%20RW%20taking%20mobile%20home%20park%20deiscontinued%20Form%20236.8.14.2.H.docx RA Form 236.8.15.4(h)])'''<br /> <br /> ::'''If''' the department agrees that the owners of a mobile home park are '''justified''' in discontinuing their entire mobile home park operation due to the severity of a right of way acquisition and '''if''' the owners have announced their intentions to discontinue the operation, their tenants who are located on the remainder should be provided a copy of RA Form 236.8.14.2(h) at the time routine vacancy notices are provided to the mobile home tenants who are located within the right of way acquisition. If any of the tenants involved have not been previously contacted concerning the Relocation Program, the notices should be delivered in person by the assigned Relocation Agent. The agent must explain the Relocation Program to the tenants involved and advise them (1) that they will not be eligible for relocation assistance and payments if the mobile home park is still in operation one year after the department takes possession of the portion of the park that was acquired as right of way, (2) that they should not move from the property prematurely, and (3) that no relocation payments will be made unless and until the mobile home park operation has been completely discontinued at the subject site and they have moved from the property.<br /> <br /> ==236.8.15 Relocation Assistance Program - Appeals==<br /> <br /> ===236.8.15.1 Appeals of Offers and/or Ineligibility Decisions===<br /> <br /> The following actions are to be taken when relocatees are dissatisfied with the amount of any type of relocation offer or dissatisfied with a department decision that they are not eligible for a relocation payment.<br /> <br /> '''Step 1''': The relocation agent who made the offer, or who advised the relocatees of their ineligibility for payment, shall make a sincere effort to explain how the offer was computed and the facts on which it was based or why the relocatees are not eligible for a requested payment.<br /> <br /> If the payment has been properly computed and supported, as discussed in the preceding sections, or if the original ineligibility decision was correct, based on specific requirements outlined in this manual, the relocation agent should be able to convince the relocatees that department offers and decisions are fair, reasonable and in compliance with approved state and federal relocation policies.<br /> <br /> '''Step 2''': If the relocatees do not accept the relocation agent's explanation and still express dissatisfaction, they should be reminded of their right to appeal the offer or ineligibility decision to the district Right of Way Manager for administrative review.<br /> <br /> If they elect to do so, they must request the review in writing to the district office. No particular form is required in making this request, a simple letter will suffice. This request for review must be received within six months from the date the relocatee was notified in writing of ineligibility. After that date, no further appeal or administrative review action is available to the relocatee.<br /> <br /> '''Step 3''': Upon receipt of a request for administrative review the district Right of Way Manager shall review the records and documentation in the subject's unit file, discuss the original offer or ineligibility decision with the members of his/her staff who had a part in formulating it, inspect available replacement properties, when applicable, and take whatever additional action necessary to enable him or her to arrive at a decision concerning the accuracy of the subject offer or ineligibility decision.<br /> <br /> If the district Right of Way Manager concludes that the original offer is fair, reasonable and adequately supported or, if applicable, that the ineligibility decision is well founded and correct, he or she shall notify the relocatees and explain his/her decision and the basis for it. If the amount of the relocation offer is in dispute, the district Right of Way Manager must explain to the relocatees that they still have the right to file a claim for the amount they feel is accurate after they qualify for the type payment involved; and that, if the claim is rejected, they shall have the right to file a formal appeal as discussed in the Relocation Brochure. If an ineligibility decision is involved, the relocatees can still file a claim and formally appeal its rejection. The district Right of Way Manager must prepare and sign a memo for the file explaining the actions taken in conducting the review, his or her decision and the reason upon which it was based.<br /> <br /> If, however, the district Right of Way Manager concludes that the offer is not adequate, or that the ineligibility decision was in error, a memo shall be prepared for the file that explains the actions taken in conducting the review, the decision and the basis for it. If an offer is involved, which he or she finds was inadequate, it must be recomputed. The new offer computations must be attached to and made a part of the (district Right of Way Managers) memo, together with whatever other documentation is necessary to justify the revised offer and the necessity for it.<br /> <br /> The original relocation agent should re-contact the relocatees unless a conflict of personalities is involved between the agent and relocatees. If so, another relocation agent can be assigned or the district Right of Way Manager can make the contact and make the new offer or advise them of the change in their eligibility status. Revised offers must be in writing.<br /> <br /> Should the relocatees still not be satisfied with the revised offer, they should be reminded of their right to claim the amount they feel is correct and formally appeal if the claim is rejected.<br /> <br /> '''NOTE''': Relocatees who are reminded of their right to file a formal appeal, as required in the preceding paragraphs, should be advised that the Appeal Board is not bound by previous relocation offers and that the Board's findings, after considering all evidence presented by both the relocatees and the Missouri Department of Transportation, could result in reduced relocation payments.<br /> <br /> ===236.8.15.2 Notice of Claim Rejection ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Notice%20of%20Claim%20Rejection%20Form%20236.8.15.2.docx RA Form 236.8.15.2)]===<br /> <br /> Claims which are not in dispute, but which cannot be currently approved because they have been submitted prior to the time the relocatee has met the necessary payment eligibility requirements, can be held in abeyance in the district office until the requirements have been complied with and then processed for payment. Claims of this type should '''not''' be rejected and the instructions in this section do not apply. The claimant, in this type situation, should be advised by letter that the claim is being held in abeyance and why.<br /> <br /> Claims for disputed and/or unacceptable RHP which are submitted before the department has acquired the subject property must also be held in abeyance and neither approved or rejected until such property has been acquired. The claimants in this situation should be advised by letter that their claim is being held in abeyance and why, because the claim cannot be approved for payment until the subject property has been acquired.<br /> <br /> In every instance when a claim containing an amount that is unacceptable or one received from an ineligible relocatee is rejected, a Form RA 236.8.15.2 (Notice of Claim Rejection) must be prepared and delivered to the relocatees. This action should be taken within ten days after receipt of the claim, or when a premature disputed claim is involved, as discussed above, within ten days after the subject has been acquired by the department.<br /> <br /> If an administrative review has been previously conducted regarding the subject claim, the RA Form 236.8.15.2 can be mailed to the relocatees using certified mail with return receipt requested.<br /> <br /> If an administrative review has not been conducted, the assigned relocation agent shall deliver RA Form 236.8.15.2 in person, if possible, to explain the reason for the claim rejection. If not possible, it can be forwarded by certified mail.<br /> <br /> The date that the &quot;Notice of Claim Rejection&quot; [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Notice%20of%20Claim%20Rejection%20Form%20236.8.15.2.docx (RA Form 236.8.15.2)] is presented to the claimant is critical as the 60-day period for filing a request for a formal appeal hearing begins at the time the notice is delivered. To establish an exact record of this action, the Relocation Agent who delivers the notice to the claimant, if it is hand delivered, must note on the bottom of the file copy the date, hour, place and to whom it was delivered. If the notice was mailed to the claimant, attach a copy of the delivery receipt to the file copy of the form.<br /> <br /> If mathematical errors, omissions or other simple mistakes are noted in the claim, merely return it to the claimant for correction without the use of an RA Form 236.8.15.2.<br /> <br /> If a claim is rejected because the relocatees moved to non DS&amp;S replacement housing, the Notice of Claim Rejection should advise that they can resubmit a claim if they move to and occupy a dwelling unit that meets DS&amp;S standards or, if they correct the DS&amp;S deficiencies in their existing replacement dwelling within the one-year time period allowed for purchasing/renting DS&amp;S replacement housing.<br /> <br /> ===236.8.15.3 Appeals of Claims===<br /> <br /> '''(a) Preparation and Submission of Disputed Claims'''<br /> <br /> In all cases a written claim must be filed by the relocatee and rejected by the department before a formal appeal is in order.<br /> <br /> When relocatees desire to file claims for amounts that cannot be justified by the district, they must be permitted to do so and encouraged to use the applicable department claim form even though it is obvious that the claim will be rejected.<br /> <br /> If the dispute concerns the relocatees' eligibility for payment, the payment amount may or may not have been computed by the department depending on the circumstances. If the amount that would have been due, had the relocatees been eligible for payment, has been computed, a department claim form can be completed and filed by the relocatees in the routine manner. If the amount has not been computed by the department because the relocatees were ineligible, all portions of the claim form must be completed in the routine manner '''except''' the portion related to payment computations. This portion of the form &quot;should&quot; be marked &quot;void&quot; and the following notation made therein: &quot;See attached sheet showing relocatees' payment computations.&quot; The relocatees &quot;should&quot; attach a sheet to the claim which explains how they arrived at the amount they are claiming. Relocatees cannot be forced to attach a computation sheet and/or explanation if they elect not to do so.<br /> <br /> If relocatees refuse to use a department claim form, they can submit a written claim in any manner they desire and the rejection thereof by the department will place them in position to file a formal appeal. Claims '''cannot''' be approved for payment unless they are submitted on the department's standard relocation claim forms.<br /> <br /> '''(b) Request for Appeal Hearing ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Request%20for%20Appeal%20Hearing%20Form%20236.8.15.3.docx RA Form 236.8.15.3])'''<br /> <br /> Any person dissatisfied by the rejection of a relocation payment claim has the right to file a written request for an appeal hearing with the district office in which the rejection occurred within 60 days after having been advised of the claim rejection. Submission of a relocation claim by a relocatee and payment thereof by the department prohibits either party from later disputing the amount of such payment and from appealing any decision related to the payment involved.<br /> <br /> Request for appeal hearings should be on a form furnished by the department for the purpose of the appeal (RA Form 236.8.15.3, Request for Appeal Hearing), but any notice in writing received by said district office indicating the nature of the complaint and desire for appeal shall be considered a valid notice.<br /> <br /> RA Form 236.8.15.3 is to be provided by the department for use by dissatisfied claimants in filing requests for appeal hearings. The form is considered to be self-explanatory. Be sure that an address to which notice of hearing is to be sent is provided by the claimant.<br /> <br /> Copies of all completed and executed &quot;Requests for Appeal Hearings,&quot; received in the district office are to be forwarded immediately to the Right of Way Section. The Right of Way Section will provide the Chief Counsel a copy of the relocatees' rejected claim, a copy of the appropriate Notice of Claim Rejection and a copy of the postal return receipt showing when the Notice of Claim Rejection was received by the relocatee.<br /> <br /> Should a request be received in the district office more than 60 days after the claimant had been notified that his/her claim was rejected, forward copies to the Right of Way Section with a letter of transmittal specifically pointing out the fact that it was received after the 60 day deadline.<br /> <br /> '''(c) Hearing'''<br /> <br /> Upon receipt of a copy of a &quot;Request for Appeal Hearing&quot; the Chief Counsel will designate an assistant counsel to hear the cause. Designated assistants shall notify the appellant by appropriate notice through registered or certified mail of the time and place fixed for the hearing which shall be reasonably convenient to claimant. The hearing examiner shall also notify the appropriate personnel in the Missouri Department of Transportation of the hearing. At the appointed time, the hearing will be called and conducted, in general, in accordance with Section 536.070, RSMo 1959. In the event the claimant or appellant does not appear after a delay of 30 minutes from the appointed time, the department will proceed with its evidence concerning the issues involved.<br /> <br /> If the claimants or their attorney request a continuance, the hearing examiner shall grant the same upon reasonable grounds to a day certain at which all parties will appear without further notice.<br /> <br /> A record must be made of all proceedings either by a recording device or by a qualified reporter. The hearing examiner shall use facilities or qualified personnel of the Missouri Department of Transportation for the transcription of proceedings, if available, but otherwise may employ qualified reporters.<br /> <br /> The hearing shall continue from day to day or as continued by the hearing examiner until all evidence is introduced.<br /> <br /> '''(d) Preparation of Evidence'''<br /> <br /> It is the district's responsibility to assemble adequate evidence to prove during the appeal hearing that the department's decision is correct.<br /> <br /> '''NOTE''': Relocatees who are not satisfied with the Appeal Board's decision can further appeal to the courts for final determination. Should this occur the courts will base their decisions solely on the &quot;Transcript of Evidence&quot; which is the written record of the testimony and evidence presented by both sides at the appeal hearing. It is therefore imperative that department personnel present a thorough and complete case during the appeal hearing and thereby perfect a conclusive record to prove that the department's determination was correct and well-founded. Photographs of the subject property and potential replacement properties should be made a part of the transcript when applicable.<br /> <br /> '''NOTE''': The department must permit a relocatee to inspect and copy all materials pertinent to his/her appeal except materials that are classified as confidential. The department can, however, impose reasonable conditions on the relocatees right to inspect and copy district records. Seek advice from the Right of Way Section when relocatees request permission to inspect and/or copy relocation records.<br /> <br /> '''(e) Transcript of Evidence'''<br /> <br /> If employees of the department are available and are used to transcribe testimony, the department will furnish to the appellant one copy of the transcript of proceedings without charge. If a reporter is employed, the claimant or appellant must make his/her own arrangements for a copy of the transcript including the expense thereof. All exhibits will be reproduced, if possible, through the use of facilities of the department by direction of the hearing examiner, in the interest of economy. The hearing examiner will cause to be reproduced four copies of the transcript - one shall be retained by him/her and three copies shall be forwarded to the central office at Jefferson City for use of the Appeal Board. The Appeal Board shall forward at least one copy to the Secretary to the Commission for a permanent record after the final order of the Appeal Board together with such order.<br /> <br /> '''(f) Subpoenas'''<br /> <br /> The hearing examiner shall, upon request of the claimant or his/her counsel or counsel for the Missouri Highways and Transportation Commission, issue subpoenas as authorized by Section 536.077, RSMo. 1959. A witness shall be entitled to tender of fees for travel and time as in civil cases, and enforcement of subpoenas shall be through application to a judge of the circuit court in the county in which the hearing is to be conducted or the circuit judge of the county in which the witness may be found. All requests for subpoenas shall be forwarded to the hearing examiner so that they may be issued by him/her and returned to the party involved for service at least 48 hours prior to the time fixed for the hearing. The responsibility for service of the subpoenas shall be that of the party requesting the issuance.<br /> <br /> '''(g) Proposed Order of Hearing Examiner'''<br /> <br /> The hearing examiner shall promptly after receiving the transcript and in any event within 30 days transmit his/her recommendations for proper order in the cause, together with supporting excerpts from the transcript and citations as to any applicable law, to the Appeal Board that shall promptly be convened to determine the cause.<br /> <br /> '''(h) Appeal Board'''<br /> <br /> Final authority, within the department, to hear and determine the cause involved shall be vested in an Appeal Board which shall consist of the Chief Engineer or a designated assistant, the Chief Counsel or a designated assistant, and the Asst. to the State Design Engineer - Right of Way or a designated assistant. The Chief Engineer or their representative shall serve as Chairperson of the Appeal Board. Each member shall have one vote. In the event the board shall, for cause, determine that additional evidence is necessary, it shall advise the parties and set a time for hearing same in the Missouri Highways and Transportation Commission Building at Jefferson City, Missouri, after at least five-day notice to the parties. Each member of the Board shall read the transcript or the recommended order of the hearing examiner and excerpts from the record and briefs or arguments submitted by the parties. The Appeal Board may thereupon adopt the recommendation of the hearing examiner as the final order or may, by majority vote, enter its own order. The Chairperson of the Appeal Board shall immediately thereafter forward to the parties involved to the claimant at his/her address as reflected by the transcript and to his/her counsel at his address as reflected by the transcript, a copy of the order entered by said Appeal Board, the original order being filed with the Secretary to the Commission.<br /> <br /> '''(i) Payment Procedure'''<br /> <br /> The Financial Services Division is directed to pay the amounts fixed by order of the Appeal Board or court when applicable in the same manner as judgments of courts of record are paid in right of way acquisition. Payments for transcripts or for reproduction of exhibits shall be charged as incidental costs.<br /> <br /> ==236.8.16 Relocation Assistance Program - Functional Replacement==<br /> <br /> ===236.8.16.1 Functional Replacement===<br /> <br /> MoDOT can incur costs for the functional replacement of real property in public ownership. The Functional Replacement program really amounts to an administrative settlement where recognition is given to the situation where cash compensation may be insufficient to restore the status quo as the result of acquiring a public facility such as a school, police or fire station, or local park. In a sense it is similar to a Last Resort Housing concept but is applied to publicly owned properties.<br /> <br /> Functional Replacement is defined as the replacement of real property, either lands or facilities, or both, acquired as a result of a highway or highway related project with lands or facilities, or both, which will provide equivalent utility.<br /> <br /> Functional Replacement is eligible for federal participation. The following procedure guidance will address the process for completing functional replacement actions with and without federal participation in the cost of the functional replacement. <br /> <br /> For application of this policy it is necessary that:<br /> :'''1'''. The property to be functionally replaced is in public ownership.<br /> :'''2'''. The Asst. to the State Design Engineer - Right of Way has concurred that functional replacement is in the best public interest, and has granted authorization to proceed on such basis prior to incurrence of costs.<br /> :'''3'''. The functional replacement actually takes place and the costs of replacement are actually incurred.<br /> :'''4'''. Replacement sites and construction are in compliance with existing codes, laws and zoning regulations for the area in which the facility is located.<br /> :'''5'''. The replacement facility will be in public ownership and will continue the public use function of the acquired facility.<br /> :'''6'''. The FHWA concurs in the MoDOT determination that functional replacement is in the public interest.<br /> :'''7'''. The real property is not owned by a utility or railroad.<br /> :'''8'''. MoDOT has informed the agency owning the property of its right to an estimate of just compensation based on an appraisal of fair market value and of the option to choose either just compensation or functional replacement.<br /> <br /> State and Federal funds have limits upon participation in functional replacement costs on the following basis: <br /> :'''1'''. The actual functional replacement cost of the facilities required to be replaced, and<br /> :'''2'''. The appraised current fair market value of the land to be acquired when the owning agency has land on which to relocate the facilities, or the reasonable costs of acquiring a functionally equivalent substitute site where lands in the same public ownership are not available or suitable.<br /> <br /> Costs of increases in capacity and other betterments are not eligible for payment under this procedure, except those necessary to replace utility; those required by existing codes, laws, and zoning regulations; and those related to reasonable prevailing standards for the type of facility being replaced.<br /> <br /> '''Procedures'''<br /> <br /> During the early stages of project development MoDOT officials should meet with the owning agency to discuss the effect of a possible acquisition and potential application of functional replacement procedures. The results of discussions and decisions concerning functional replacement should be included in negative declarations and environmental impact and section 4(f) statements if required on a project. The importance of early coordination with the owning agency cannot be overstressed. <br /> <br /> '''Stage #1: MoDOT/FHWA Preliminary Approval of District Functional Replacement Request'''<br /> <br /> If the owning agency desires functional replacement, it should initiate a formal request to MoDOT (the district Right of Way Manager). The owning agency’s request should include an explanation of the basis for its request and cost estimate data relative to contemplated solutions. The district Right of Way Manager should forward the request to the Asst. to the State Design Engineer - Right of Way along with a recommendation.<br /> <br /> If the Asst. to the State Design Engineer - Right of Way agrees that functional replacement is necessary and in the public interest, and State only funds are being utilized, the district will be authorized to proceed with the acquisition of a replacement site if replacement site land in the same public ownership is not available. The district should at this time also authorize the owning agency to proceed with the development of detailed plans, specifications, and estimates and together with the owning agency formulate a final draft functional replacement agreement to be executed by the project sponsor and owning agency. The agreement must include the following:<br /> <br /> :'''1'''. Language that sets forth the rights, obligations and duties of each party with regard to the facility being acquired, the acquisition of the replacement site, and the construction of the replacement facility.<br /> <br /> :'''2'''. Language that specifies that if replacement site land in the same public ownership is not available, the project sponsor agency (MoDOT/LPA) will acquire a replacement site in accordance with the Uniform Act.<br /> <br /> :'''3'''. Language that sets forth how the costs of the new facility are to be shared between the parties.<br /> <br /> :'''4'''. Provisions for the project sponsor’s inspection during construction of the replacement facility.<br /> <br /> :'''5'''. Language that authorizes payment of funds for construction of improvements into an escrow account and specify that progress payments will be made during the course of construction upon presentation of invoices, and a statement signed by an appropriate official for the owning agency that certifies the costs have actually been incurred.<br /> <br /> :'''6'''. Where major improvements are involved, language that specifies the procedures to be used for advertising for bids and letting of contract to construct the replacement facility. The owning agency may follow the general procedures utilized by the owning agency, if accepted by MoDOT.<br /> <br /> In all funding cases, the final draft of the functional replacement agreement will need to be reviewed and approved by Chief Counsels Office prior to its execution. <br /> <br /> In the case of federal participation in the actual cost of the functional replacement, the Asst. to the State Design Engineer - Right of Way must submit a request for FHWA concurrence. This request should include:<br /> <br /> :'''1'''. an explanation of the basis for request <br /> :'''2'''. cost estimate data relative to contemplated solutions <br /> :'''3'''. documentation of preliminary agreements reached at meetings between the project sponsor and the owning agency <br /> :'''4'''. statement that replacement property will be acquired in accordance with provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.<br /> <br /> The Asst. to the State Design Engineer - Right of Way will not authorize the district to proceed with the functional replacement until the Right of Way Section has received FHWA’s concurrence in the functional replacement.<br /> <br /> Following the District’s receipt of the Right of Way Section’s authorization to proceed, the project sponsor must complete a detailed analysis (separate from appraisal) of the existing public facility for the information’s later use in effectively completing a comparison of the proposed functional replacement structure with the existing facility.<br /> <br /> '''Stage #2: MoDOT /FHWA Authorization to Construct Replacement Facility'''<br /> <br /> The district must submit the owning agency’s final plans, specifications, and estimates (PS&amp;E) to the Right of Way Section for review and approval prior to the district authorizing the owning agency advertising for contractor bid proposals to construct the replacement facility. Betterments should be identified and accounted for separately. MoDOT will review the plans and validate the division between functional replacement and betterments. The owning agency is responsible for providing support documentation when proposing MoDOT or Federal funds to participate in cost of qualifying betterments. The PS&amp;E submittal must also include an executable (State funds only) or executed (Federal participation) functional replacement agreement between the project sponsor and the owning agency.<br /> <br /> In cases when there is no federal participation in the functional replacement, following the Right of Way Section’s review and approval of the PS&amp;E and functional replacement agreement, the district shall authorize the public entity to advertise and let the project to construct the replacement facility.<br /> <br /> In cases when there is federal participation in the actual cost of the functional replacement, the Right of Way Section must submit a request for construction authorization to Federal Highway Administration for their review and approval. This request must include a MoDOT approved:<br /> <br /> :'''1'''. Executed written agreement between the project sponsor and the owning agency.<br /> <br /> :'''2'''. Copy of plans, specifications, and estimates (PS&amp;E). <br /> <br /> :'''3'''. Statement identifying the procedures that owning agency will use to advertise for bids and let the contract. <br /> <br /> :'''4'''. In most cases the Right of Way Section will be submitting a request to modify the originally approved right of way authorization for the purpose of including the functional replacement action.<br /> <br /> A representative of the project sponsor agency (MoDOT/LPA) will be responsible for doing an on-site inspection and approving each invoice for payment by the escrow company.<br /> <br /> '''Stage #3: Closeout of Functional Replacement Acquisition:'''<br /> <br /> A certification statement that includes the following assurances will need to be signed by the project sponsor and the owning agency at the time of the owning agency’s request for final payment:<br /> <br /> :'''1'''. That the cost of replacement facility has actually been incurred in accordance with the provisions of the executed functional replacement agreement.<br /> <br /> :'''2'''. That the project sponsor and owning agency made a final inspection of the facility and that the project sponsor is released from any further responsibility.<br /> <br /> <br /> [[Category:236 Right of Way|236.08]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=236.8_Relocation_Assistance_Program&diff=51777 2022-08-23T20:23:37Z

<p>Hallej1: /* 236.8.1.1 Applicability of the Relocation Program */</p> <hr /> <div>{| style=&quot;padding:0.3em; margin-left:15px; border:1px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;320px&quot; align=&quot;right&quot;<br /> |-<br /> |'''Forms and Information'''<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/90-Day%20Owner-Occupant%20Home%20or%20Mobile%20Form%20236.8.3.3.B.docx 90-Day Owner-Occupant Conventional Home or Mobile Home (Form 236.8.3.3(b))]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%208_Relocation/Acquisition%20Statement%20Form%20236.8.5.8.B.pdf Acquisition Statement (Form 236.8.5.8(b))]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%208_Relocation/Actual%20Cost%20Self%20Moves%20Form%20236.8.6.8F.docx Actual Cost Self Moves (Form 236.8.6.8(f))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Advance%20Increased%20Interest%20Payment%20Agreement%20Form%20236.8.10.4.D.2.pdf Advance Increased Interest Payment Agreement (Form 236.8.10.4(d)(2))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Advance%20Replacement%20Housing%20and%20Increased%20Interest%20Pmt%20Agreement%20Form%20236.8.10.4.D.1.pdf Advance Replacement Housing and Increased Interest Payment Agreement (Form 236.8.10.4(d)(1))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation (Form 6.4.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Business%20or%20Farm%20Operation%20Fixed-Payment%20Claim%20Form%20236.8.7.3.docx Business or Farm Operations Fixed-Payment Claim (Form 236.8.7.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Business%20Relocation%20Brochure.docx Business Relocation Brochure]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Certification%20Concerning%20Legal%20Residency%20in%20the%20USA%20Form%20236.8.4.2.A.pdf Certification Concerning Legal Residency in the United States (Form 236.8.4.2(a))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20other%20than%20Residential%20Property%20236.8.8.3.E.2.pdf Condemnation Agreement other than Residential Property (Form 236.8.8.3(e)(2))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20Residential%20Property%20Form%20236.8.8.3.E.1.pdf Condemnation Agreement Residential Property (Form 236.8.8.3(e)(1))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Decent%20Safe%20and%20Sanitary%20Inspection%20Report%20Form%20236.8.5.4.A.pdf Decent, Safe and Sanitary Inspection Report (Form 236.8.5.4(a)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Down%20Payment%20Claim%20Form%20236.8.12.5.pdf Down Payment Claim (Form 236.8.12.5)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Down%20Payment%20Escrow%20Agreement%20Form%20236.8.12.4.pdf Down Payment Escrow Agreement (Form 236.8.12.4(a))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%2090-Day%20Owner%20Mobil%20Home%20Replace%20Pmt%20Form%20236.8.3.3.A.1.docx Eligibility Notice 90-Day Owner-Occupant of Mobile Home Replacement Housing Payment (Form 236.8.3.3(a)(1))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%2090-Day%20Mobile%20Home%20Site%20Form%20236.8.3.3.A.2.docx Eligibility Notice 90-Day Owner-Occupant of Mobile Home Site (Form 236.8.3.3(a)(2))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Owner%20Occupant%20Form%20236.8.3.3.A.docx Eligibility Notice Owner-Occupant (Form 236.8.3.3(a))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Tenants%20and%20of%20Mobile%20Home%20Sites%20Form%20236.8.3.3.C.1.docx Eligibility Notice Tenants and Tenants of Mobile Home Sites (Form 236.8.3.3(c)(1))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Condemnation%20partial%20discplacement%20Form%20236.8.14.2.D.2.A.docx First Vacancy Notice - Condemnation, Partial Displacement Owner-Occupants, Owner-Non-Occupants and Tenants (Form 236.8.14.2(d)(2)(a))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Condemnation%20Form%20236.8.14.2.D.2.B.docx First Vacancy Notice - Condemnation, Partial Displacement Owner-Occupants, Owner-Non-Occupants and Tenants (Form 236.8.14.2(d)(2)(b))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Condemnation%20Total%20Form%20236.8.14.2.D.1.C.docx First Vacancy Notice - Condemnation, Total Displacement Owner-Occupants (Form 236.8.14.2(d)(1)(c))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20-%20Cond%20Tot%20Displ%20Tenant%20and%20owner%20Form_236.8.14.2.D.1A.docx First Vacancy Notice - Condemnation, Total Displacement Tenants and Owner-Occupants (Form 236.8.14.2(d)(1)(a))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Cond%20Total%20Disp%20Form%20236.8.14.2.D.1.B.docx First Vacancy Notice - Condemnation, Total Displacement Tenants and Owner-Occupants (Form 236.8.14.2(d)(1)(b))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Fixed%20Payment%20Moving%20Cost%20Claim%20Form%20236.8.6.8.D.pdf Fixed-Payment Moving Cost Claim (Form 236.8.6.8(d))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Fixed%20Payment%20Moving%20Cost%20Schedule%20Form%20236.8.6.8.C.pdf Fixed-Payment Moving Cost Schedule (Form 236.8.6.8(c))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Initiation%20of%20Negotiations%20Statement%20From%20236.8.5.5.pdf Initiation of Negotiations Statement (Form 236.8.5.5)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Commercial%20Mover%20Bids%20Form%20236.8.6.11.B.pdf Moving Cost Agreement - Actual Cost Commercial Mover - Non-Residential - Bids Available (Form 236.8.6.11(b))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Bids%20Not%20Avail%20From%20236.8.6.11.D.pdf Moving Cost Agreement - Actual Cost - Commercial or Self Move - Non-Residential - Bids and/or Estimates Not Available (Form 236.8.6.11(d))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.11.C.docx Moving Cost Agreement - Actual Cost Self-Move - Non-Residential - Estimates Available (Form 236.8.6.11(c))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Commercial%20Actual%20Cost%20Residential%20Form%20236.8.6.11.A.docx Moving Cost Agreement - Commercial/Actual Cost Residential (Form 236.8.6.11(a))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Commercial%20Form%20236.8.6.12.A.docx Moving Cost Claim - Actual Cost - Commercial Mover (Form 236.8.6.12(a))]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.12.D.pdf Moving Cost Claim - Actual Cost - Self Move (Form 236.8.6.12(d))]<br /> |-<br /> |[[media:RW Mortgage Analyzer1.xls|&quot;New Mortgage Tool Box&quot;]]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/New%20Mortgage%20Toolbox%20Form%20236.8.10.3.E.1.pdf New Mortgage Toolbox (Form 236.8.10.3(e)(1))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Nonprofit%20Organization%20Fixed%20Payment%20Claim%20Form236.8.7.4.pdf Nonprofit Organization Fixed-Payment Claim (Form 236.8.7.4)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Notice%20of%20Claim%20Rejection%20Form%20236.8.15.2.docx Notice of Claim Rejection (Form 236.8.15.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Notice%20of%20Intent%20to%20Acquire%20Form%20236.8.1.27.docx Notice of Intent to Acquire-Relocation (Form 236.8.1.27)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Notice%20Tenants%20not%20within%20RW%20taking%20mobile%20home%20park%20deiscontinued%20Form%20236.8.14.2.H.docx Notice-Tenants not within Right of Way Taking- Mobile Home Park Discontinued (Form 236.8.14.2(h))]<br /> |-<br /> |[https://www.sos.mo.gov/cmsimages/adrules/csr/current/4csr/4c240-124.pdf Regulations Relating to Minimum Standards for Mobile Home Tie-Down System]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Release%20of%20Property%20Form%20236.8.14.3.docx Release of Property (Form 236.8.14.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocatee%20Needs%20Questionnaire%20Form%20236.8.4.2.docx Relocatee Needs Questionnaire (Form 236.8.4.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocation%20Business%20Reestablishment%20Cost%20Agreement%20Form%20236.8.6.6.pdf Relocation Business Reestablishment Cost Agreement (Form 236.8.6.6)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%208_Relocation/Relocation%20Housing%20Possession%20Agreement%20Form%20236.8.8.1C.1.pdf Relocation Housing Possession Agreement (Form 236.8.8.1(c))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocation%20Housing%20Possession%20Agreement%20Form%20236.8.8.1C.1.pdf Relocation Housing Possession Agreement (Down Payment) (Form 236.8.8.1(c)(1))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocation%20Report%20Form%20236.8.5.4.pdf Relocation Report (Form 236.8.5.4)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%208_Relocation/Rental%20Subsidy%20Claim%20Form%20236.8.11.5.pdf Rental Subsidy Claim (Form 236.8.11.5(a))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Rental%20Subsidy%20Offer%20Computation%20Sheet%20Form%20236.8.11.3.B.pdf Rental Subsidy Offer Computation Sheet (Form 236.8.11.3(b))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Claim%20Form%20236.8.8.4.B.pdf Replacement Housing Claim (Form 236.8.8.4(b))]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%208_Relocation/Replacement%20Housing%20Comparison%20Record%20Form%20236.8.8.3.B.pdf Replacement Housing Comparison Record (Form 236.8.8.3(b))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Escrow%20Agreement%20Form%20236.8.8.1.B.pdf Replacement Housing Escrow Agreement (Form 236.8.8.1(b))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Request%20for%20Appeal%20Hearing%20Form%20236.8.15.3.docx Request for Appeal Hearing (Form 236.8.15.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.docx Residential Relocation Brochure]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist] <br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Supplemental%20Rental%20Subsidy%20Computation%20Form%20236.8.11.3.B.S.pdf Supplemental Rental Subsidy Computation (Form 236.8.11.3(b)(s))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Tenant%20Eligibility%20Notice%20Rental%20Subsidy%20Form%20236.8.3.3.C.2.docx Tenant Eligibility Notice Rental Subsidy (Form 236.8.3.3(c)(2))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Uniform%20Act%20Report.pdf &quot;Uniform Act Report&quot;]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Vacancy%20Notice%20Negotiated%20Stmt%20Partial%20Disp%20Form%20236.8.14.2.B.docx Vacancy Notice, Negotiated Settlement, Partial Displacements (Form 236.8.14.2(b))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Vacancy%20Notice%20Negotiated%20Settlement%20Total%20Displ%20Tenants%20Form%20236.8.14.2.C.1.docx Vacancy Notice Negotiated Settlement Total Displacement, Tenants (Form 236.8.14.2(c)(1))]<br /> |}<br /> <br /> ==236.8.1 General Information==<br /> <br /> ===236.8.1.1 Applicability of the Relocation Program===<br /> <br /> '''(a) Missouri Department of Transportation Projects'''<br /> <br /> The Relocation Assistance and Payment Program is applicable to all Missouri Department of Transportation projects (both federal-aid and non federal-aid), which require the acquisition of real estate. (See [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(c)(6)]], for exceptions relating to voluntary sales.)<br /> <br /> '''(b) Local Public Agencies'''<br /> <br /> These policies and procedures are fully applicable for all local public agency highway projects which involve federal financing in any part of the project, unless the local public agencies provide their own written guidelines for compliance with the Federal Highway Administration regulations for administering the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended.<br /> <br /> Policy and procedural guides prepared by local public agencies must be approved by the [https://spexternal.modot.mo.gov/sites/de/SitePages/CO%20RW%20Staff.aspx Right of Way Section] office and the Federal Highway Administration prior to implementation.<br /> <br /> '''(c) Applicable Law and Effective Date of Relocation Program'''<br /> <br /> The &quot;Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,&quot; which was signed into law by the President of the United States on January 2, 1971, Uniform Relocation Act Amendments of 1987 as amended and [https://revisor.mo.gov/main/OneSection.aspx?section=523.205 523.205 RSMo] are the authority for this program.<br /> <br /> ===236.8.1.2 Availability of the Relocation Program===<br /> <br /> '''(a) Definition of Availability'''<br /> <br /> The Relocation Assistance and Payment Program is available to eligible individuals, families, businesses, farm operations and nonprofit organizations which are wholly or partially displaced by a Missouri Department of Transportation project. Relocation advisory services (not payments) are also available to any person occupying property immediately adjacent to property acquired for a highway project when the department determines that such person is caused substantial economic injury because of the acquisition.<br /> <br /> '''(b) General Eligibility Requirements'''<br /> <br /> To be eligible for relocation payments (except moving payments) relocatees must legally occupy property that is scheduled for acquisition by the department at the time negotiations are initiated for the subject parcel and also meet minimum ownership and/or occupancy time requirements and other specific requirements as discussed later in this chapter for each of the various relocation payments available. Relocatees who vacate their parcel prior to the initiation of negotiations shall also be eligible (if otherwise qualified) if they were in legal occupancy at the time the department notified them, in writing, with the Notice of Intent to Acquire-Relocation. (Such notices shall not be given as routine procedure or without prior concurrence from the Right of Way Section.) <br /> <br /> '''NOTE''': The preceding General Eligibility Requirements also apply for moving cost payments except that relocatees who move to and legally occupy properties being acquired by the department after the initiation of negotiations can qualify for moving cost payments, but normally for no other type of relocation payment, providing that they are still in occupancy of the subject property at the time it is acquired by the department.<br /> <br /> ===236.8.1.3 Definitions===<br /> <br /> The following definitions are applicable to the Missouri Department of Transportation’s Relocation Program.<br /> <br /> '''(a) Person'''<br /> <br /> :The term &quot;person&quot; includes any individual, family, partnership, company, corporation, organization or association.<br /> <br /> '''(b) Family'''<br /> <br /> :The term &quot;family&quot; means two or more individuals living together in a single-family dwelling unit who are related by blood, adoption, marriage, or legal guardianship who live together as a family unit, plus all other individuals regardless of blood or legal ties who live with and are considered a part of the family unit, or individuals who live together without an identifiable head of household will be considered one family for the purpose of administering the relocation program.<br /> <br /> '''(c) Displaced Person'''<br /> <br /> :A &quot;displaced person&quot; is any person who moves from legally occupied real property, or moves personal property from legally occupied real property, as a direct result of the acquisition of such real property in whole or in part by the department including any person who moved from the real property as a result of the initiation of negotiations for the property or is issued a Notice of Intent to Acquire-Relocation and meets the following applicable criteria:<br /> <br /> (1) '''Initial Occupant'''<br /> <br /> :The term &quot;initial occupant&quot; applies to any person who (1) has been in legal occupancy of the subject real property for not less than 90 consecutive days prior to (a) the initiation of negotiations for the acquisition of such property, or (b) receipt of a written notice of the department's intent to acquire the property, and (2) moves from the subject property (or moves personal property therefrom) subsequent to the initiation of negotiations for such real property. Initial occupants are normally entitled to a RHP and moving costs.<br /> <br /> (2) '''Less Than 90-Day Occupants'''<br /> <br /> :Persons who are in legal occupancy of a subject property at the initiation of negotiations for such property, or at the time they are provided a Notice of Intent to Acquire-Relocation, but who had not been in such occupancy for 90 consecutive days prior, thereto are referred to as &quot;less than 90-Day occupants.&quot;<br /> <br /> :Such persons are normally entitled to reimbursement of moving costs but for no other type of relocation payment unless they cannot afford comparable replacement housing using their own funds. (Under the latter circumstance the relocatee can be paid a RHP, rent supplement or down payment, whichever is applicable, under the Last Resort Housing Program. Payment computation procedures are explained in appropriate sections of this article.)<br /> <br /> :Comparable replacement rental units available to tenants with less than 90-Day occupancy will be considered &quot;affordable&quot; if the monthly rent plus utilities does not exceed the higher of (1) the rent being paid for the displacement unit plus utilities, or (2) 30% of the displaced family's total monthly gross income if the amount is considered “low income” by the [https://www.fhwa.dot.gov/real_estate/policy_guidance/low_income_calculations/index.cfm U.S. Department of Housing and Urban Development’s Annual Survey of Income Limits for the Public Housing and Section 8 Programs]. <br /> <br /> :Comparable replacement dwellings available to displaced owners with less than 90 days occupancy will be considered &quot;affordable&quot; if they can be purchased by the relocatees (1) with a down payment that does not exceed their equity in the displacement dwelling, or (2) without increasing their existing monthly home loan payment, or (3) without creating a monthly home loan payment that exceeds 30% of the family's total monthly gross income if the amount is considered “low income” by the [https://www.fhwa.dot.gov/real_estate/policy_guidance/low_income_calculations/index.cfm U.S. Department of Housing and Urban Development’s Annual Survey of Income Limits for the Public Housing and Section 8 Programs].<br /> <br /> :Other circumstances may indicate the affordability, or lack thereof, of an available replacement dwelling. Recommend potential exceptions to the above procedure on a case-by-case basis to the Right of Way Section.<br /> <br /> (3) '''Subsequent Occupants'''<br /> <br /> :A &quot;subsequent occupant&quot; is a person who is in occupancy of a right of way parcel at the time it is acquired by the department but who was not in occupancy of such parcel at the initiation of negotiations. (A person who initially moves to and occupies a property after the initiation of negotiations and then vacates it prior to the time it is acquired by the department is not a subsequent occupant and is not eligible for relocation assistance or payments.)<br /> <br /> :Subsequent occupants are eligible for relocation advisory assistance and can normally qualify for moving cost payments (including, when applicable, fixed-payment non-residential moving payments) but for no other type of relocation payment unless they cannot afford comparable replacement housing. (Under the latter circumstance, the relocatee can be paid a RHP, rent supplement or down payment, whichever is applicable, under the Last Resort Housing Program.<br /> <br /> :The procedure for determining the &quot;affordability&quot; of comparable replacement housing discussed in the preceding subparagraph for occupants with less than 90 days occupancy is fully applicable for subsequent occupants.<br /> <br /> (4) '''Displaced Tenants and Owners--Not Located Within Right of Way Taking'''<br /> <br /> :'''Tenants''': Residential tenants who occupy a portion of a parcel that is affected by a partial acquisition, but who are not actually located within limits of the acquisition, will normally be eligible for the same relocation payments they would have been eligible to receive had they been located within the acquisition if (1) the right of way acquisition causes the remainder which they occupy to be uninhabitable due to the acquisition of a facility or service that is not replaced, or (2) if they are located in the remainder of a mobile home park that was so severely damaged and/or reduced in size by the right of way acquisition that the owner justifiability discontinues the entire mobile home park operation at the subject site within one year after the department takes physical possession of the portion of the property that was acquired as right of way. <br /> <br /> :'''Owners''': An owner who occupies a remainder that is made uninhabitable due to the acquisition of a facility or service will not be eligible for relocation payments if (1) his/her right of way payment includes damages, in addition to the payment for property and rights acquired from him, which were specifically computed as being adequate to pay for a cure of the deficiencies which makes the remainder uninhabitable, and (2) he/she has the legal right and physical space to accomplish the cure. Owners who are in a position to control the necessity for their displacement, and who can reasonably avoid such necessity, cannot qualify for relocation payments by electing not to provide the cure that they have in reality been paid to accomplish. (Condemnation awards and legal settlements that are equal to or exceed the approved right of way offer will be considered to include payment for such cures if the approved right of way offer included such payment. If a condemnation award or legal settlement is less than the approved right of way offer, request a payment eligibility determination from the Right of Way Division office. <br /> <br /> :Occupants of remainders which become legally and/or physically landlocked due to a right of way acquisition are eligible for the same relocation assistance and payments as occupants of properties which are actually acquired by the department; therefore, routine policies and procedures provided throughout the manual are applicable under this circumstance rather than the special policies and procedures provided in this subparagraph. <br /> <br /> (5) '''Tenant Displaced to Make Room For Rearrangement of Landowners Business Operation'''<br /> <br /> :A tenant who is forced by his/her landlord to vacate the remainder of a partial acquisition to make room for the landlord to rearrange a business operation that was affected by a partial acquisition will normally be considered a displaced person, and as such, will be eligible for the same relocation assistance and payments that he/she would have been entitled to receive if he/she had been located within the acquisition. If an owner-occupied residence is involved in this type situation, provide the facts to the Right of Way Section and request an eligibility determination. <br /> <br /> (6) '''Voluntary Sales'''<br /> <br /> :Owner-occupants who voluntarily sell their property to the department, after being informed in writing that if a mutually satisfactory agreement cannot be reached the property will not be acquired, will normally not be eligible for relocation assistance or payments. Any tenants displaced as a direct result of such voluntary sale will be entitled to relocation benefits. Under certain circumstances, with prior division approval, it is possible an owner who sells voluntarily would be eligible for relocation benefits.<br /> <br /> (7) '''Cancellation of Eligibility as Displaced Person'''<br /> <br /> :Eligibility as a &quot;displaced person&quot; can be cancelled and relocation payment offers withdrawn, normally due to a change in construction plans which eliminates the need for a previously designated right of way parcel, if the person is notified in writing that the individual will not be displaced as originally planned. The written notice must advise that the department will reimburse the person's reasonable expenses incurred to satisfy any binding good faith contractual relocation obligations entered into after they were originally notified of relocation eligibility. Relocation eligibility cannot be cancelled if the person has moved from the subject property.<br /> <br /> '''(d) Relocatee-Displacee'''<br /> <br /> :The terms &quot;relocatee&quot; and &quot;displacee&quot; are synonymous and mean any person who meets the definition of a displaced person.<br /> <br /> '''(e) Partial Displacement'''<br /> <br /> :The term &quot;partial displacement&quot; refers to situations when the acquisition does not require the displacement of the occupant, but does necessitate the removal of items of personal property that are located within the new right of way limits<br /> <br /> '''(f) Total Displacement'''<br /> <br /> :A &quot;total displacement&quot; is one that causes the actual displacement of a person, family, business, farm operation or nonprofit organization.<br /> <br /> '''(g) Initiation of Negotiations for the Parcel'''<br /> <br /> :The term &quot;initiation of negotiations for a parcel&quot; relates to the date on which the department presents the owner of the subject parcel, or their designated representative, a written offer for the property or rights to be acquired. When non-resident owners are involved who cannot be contacted in person, initiation of negotiations for the parcel shall be the date such owner or his/her designated representative received the first communication by mail or telephone from the department in which a monetary offer to purchase is made. (Certified mail with return receipt requested must be used when the above contact is made by mail to establish and document the date that the written offer is received by the relocatee or by their representative.)<br /> <br /> :When property owners donate right of way, they will not be presented a written offer. Under this circumstance, the date that they are invited to execute the &quot;free deed&quot; will be accepted as the initiation of negotiations for the parcel. (The unit file must be documented to show when this action was taken.)<br /> <br /> :When relocatees are provided a &quot;Notice of Intent to Acquire-Relocation&quot; their initiation of negotiations will be the date the property owners, or their representatives, are presented a written offer for their right of way parcel. <br /> <br /> '''(h) Dwelling and Dwelling Site'''<br /> <br /> :The term &quot;dwelling&quot; means the place of permanent or customary residence. It includes a single-family house, a one-family unit in a multi-family building, a unit of a condominium or cooperative housing project, or any other residential unit, including a mobile home.<br /> <br /> :The term “Dwelling Site” means a land area that is typical in size for similar dwellings located in the same neighborhood or rural area.<br /> <br /> '''(i) Comparable Replacement Dwelling'''<br /> <br /> :A &quot;comparable replacement dwelling&quot; is one that is:<br /> <br /> ::(1) Decent, safe and sanitary as defined in the following subparagraph (J).<br /> <br /> ::(2) Functionally equivalent to the displacement dwelling, provides the same utility and adequate in size to accommodate the occupants. While it need not possess every feature of the displacement dwelling, the principal features must be present.<br /> <br /> ::(3) In an area that is not subject to unreasonable adverse environmental conditions, is not generally less desirable than the location of the displaced person's dwelling with respect to public utilities and commercial and public facilities, and is reasonably accessible to the person's place of employment. <br /> <br /> ::(4) On a site that is typical in size for residential development with normal site improvements including customary landscaping. (The site need not include special improvements such as outbuildings, swimming pools and greenhouses.)<br /> <br /> ::(5) Within the financial means of the displaced person.<br /> <br /> :The term &quot;within the financial means of the displaced person&quot; is defined as follows:<br /> <br /> :'''90-Day Owners''': A replacement dwelling will be within the relocatees’ financial means if they are paid a properly computed (&quot;nil&quot; if applicable) replacement housing payment (RHP), a correct increased interest payment and all authorized incidental closing costs.<br /> <br /> :'''Tenants''': A replacement rental dwelling will be within the relocatees' financial means if they are paid a properly computed (&quot;nil&quot; if applicable) rent supplement payment.<br /> <br /> ::(6) Currently available to the displaced persons on the private market unless the relocatees involved are receiving assistance under a Governmental Housing Program before displacement, in which case, a comparable replacement dwelling may reflect similar governmental housing assistance. In any such cases any requirements of the government housing assistance program relating to the size of the replacement dwelling shall apply. (Public housing can be offered to those being displaced from nonpublic housing if they are advised in writing of their right to nonpublic housing and do not object.)<br /> <br /> :'''NOTE''': If replacement dwellings meeting the above requirements are not available on the market, dwellings that exceed those requirements may be treated as comparable replacement housing.<br /> <br /> '''(j) Decent, Safe and Sanitary Dwelling'''<br /> <br /> :The term &quot;decent, safe and sanitary dwelling&quot; means a dwelling which meets applicable housing and occupancy codes. However, if any of the following standards are not met by an applicable code, the following standards shall apply, unless waived for good cause by the Federal Highway Administration. The dwelling shall:<br /> <br /> ::(1) Be structurally sound, weather tight and in good repair.<br /> <br /> ::(2) Contain a safe electrical wiring system adequate for lighting and other electrical devices.<br /> <br /> ::(3) Contain a heating system capable of sustaining a healthful temperature (of approximately 70 degrees) for a displaced person, except in those areas where local climatic conditions do not require such a system.<br /> <br /> ::(4) Be adequate in size with respect to the number of rooms and area of living space needed to accommodate the displaced person. There shall be a separate, well-lighted and ventilated bathroom that provides privacy to the user and contains a sink, bathtub or shower stall, and a toilet, all in good working order and properly connected to appropriate sources of water and to a sewage drainage system. In the case of a housekeeping dwelling, there shall be a kitchen area that contains a fully usable sink, properly connected to potable hot and cold water and to a sewage drainage system, and adequate space and utility service connections for an oven and refrigerator.<br /> <br /> ::(5) Contains unobstructed egress to safe, open space at ground level. If the replacement dwelling unit is on the second floor or above, with access directly from or through a common corridor, the common corridor must have at least two means of egress. (Flexibility in the new regulations will permit decent, safe and sanitary approval of upstairs apartments and sleeping rooms located on the second floor of normal two-story residential dwellings served by one stairway.)<br /> <br /> ::(6) For a disabled displacee be free of any barriers which would preclude reasonable ingress, egress, or use of the dwelling.<br /> <br /> '''(k) Business'''<br /> <br /> :The term &quot;business&quot; means any lawful activity, except farm operations, conducted primarily:<br /> <br /> ::(1) for the purchase, sale, lease, and/or rental of personal and/or real property, and for the manufacture, processing and/or marketing of products, commodities, or any other personal property, or<br /> <br /> ::(2) for the sale of services to the public, or<br /> <br /> ::(3) outdoor advertising display purposes, when the display must be moved as a result of the project, or<br /> <br /> ::(4) by a nonprofit organization that has established its nonprofit status under applicable federal or state law.<br /> <br /> '''(l) Small Business'''<br /> <br /> :A business having not more than 500 employees, working at the site being acquired or displaced by a program or project, which site is the location of economic activity. Sites occupied solely by outdoor advertising signs, displays, or devices do not qualify as a business for purpose of reestablishment expense.<br /> <br /> '''(m) Nonprofit Organization'''<br /> <br /> :The term &quot;nonprofit organization&quot; means an organization that is incorporated under the applicable laws of the state as a nonprofit organization and exempt from paying federal income taxes under Section 501 of the Internal Revenue Code.<br /> <br /> '''(n) Farm Operations'''<br /> <br /> :The term &quot;farm operation&quot; means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.<br /> <br /> '''(o) Contributes Materially'''<br /> <br /> :The term &quot;contributes materially&quot; means that during the two taxable years prior to the taxable year in which displacement occurs a business or farm operation:<br /> <br /> ::(1) had average annual gross receipts of at least $5,000, or<br /> <br /> ::(2) had average annual net earnings of at least $1,000, or<br /> <br /> ::(3) contributed at least 33 1/3 percent of the owner's average annual gross income from all sources.<br /> <br /> :'''NOTE''': It is permissible, with prior approval from the Right of Way Section, to use a different period if more equitable (in lieu of the above two taxable years).<br /> <br /> :See [[236.8 Relocation Assistance Program#236.8.7.1 Fixed Payments - Businesses|EPG 236.8.7.1(a)(1)]], if the business or farm has not been in operation under current ownership for the entire two taxable year period.<br /> <br /> '''(p) Owner'''<br /> <br /> :The term &quot;owner&quot; means an individual (or individuals) who:<br /> <br /> ::(1) owns, legally or equitably, the fee simple estate, a life estate, a 99-year lease (regardless of the length of the unexpired term) or other proprietary interest in the property. Holders of long-term leases, but less than 99-year leases, shall also be considered owners if the unexpired term (including options for extension) after the date of acquisition of the subject parcel totals 50 years or more,<br /> <br /> ::(2) is the contract purchaser or any of the foregoing estates or interests,<br /> <br /> ::(3) has succeeded to any of the foregoing interest by devise, bequest, inheritance or operation of law. In the event of acquisition of ownership by any of the foregoing methods in this subparagraph (3), the tenure of ownership (not occupancy) of the succeeding owner shall include the tenure of the preceding owner,<br /> <br /> ::(4) owns an interest in a cooperative housing project which includes the right to occupy a dwelling, or<br /> <br /> ::(5) any other interest (including leases with less than 50 years unexpired terms) which in the judgment of the department warrants consideration as ownership. (Ownership under this clause must be approved by the Right of Way Section.)<br /> <br /> :The owner, as defined, of a residential dwelling who has owned and occupied the dwelling for at least 90 consecutive days immediately prior to the initiation of negotiations for the subject dwelling is normally referred to as a &quot;90-Day owner.&quot;<br /> <br /> '''(q) Conventional Loan'''<br /> <br /> :Any loan not guaranteed or directly provided by a governmental agency, or not guaranteed through the private purchase of loan insurance (for example, mortgage guarantee insurance) is considered to be a &quot;conventional loan.&quot;<br /> <br /> '''(r) Replacement Housing Payment (RHP)'''<br /> <br /> :In Missouri the term &quot;replacement housing payment&quot; relates only to those payments available to qualified 90-Day owner-occupants to assist in the purchase of replacement housing, computed as the difference between the amount paid to them by the department for their residential property and (1) the amount necessary to purchase the most nearly comparable decent, safe and sanitary replacement housing available, or (2) the amount actually paid for a decent, safe and sanitary replacement, whichever is less.<br /> <br /> '''(s) Subject Property, Subject Parcel and Subject Dwelling'''<br /> <br /> :When the word &quot;subject&quot; is used to identify a property, a parcel or a dwelling it always relates to the property, parcel or dwelling which is being acquired or affected by the department and is always the property, parcel or dwelling from which a relocatee is being either partially or totally displaced. (The property purchased or rented by the relocatee to replace the &quot;subject property&quot; is identified as the &quot;replacement&quot; property, parcel or dwelling.)<br /> <br /> '''(t) (Displacement Property) Parcel, Dwelling, (Acquisition Property) Parcel, Dwelling'''<br /> <br /> :Are synonymous with &quot;subject property, parcel or dwelling.&quot;<br /> <br /> '''(u) Date of Acquisition'''<br /> <br /> :The term &quot;date of acquisition&quot; refers to the date that the subject property is acquired by the department.<br /> <br /> '''(v) Tenant'''<br /> <br /> :A &quot;tenant&quot; is a person who has the temporary use and legal occupancy of real property owned by another.<br /> <br /> '''(w) Last Resort Housing Program'''<br /> <br /> :The &quot;Last Resort Housing Program&quot; is actually a procedure under which the department can construct, purchase, rehabilitate or otherwise provide dwellings as replacement housing units for displacees when available replacement dwellings cannot be found, or when the computed payment exceeds the maximum amount that is normally paid under the Relocation Program.<br /> <br /> '''(x) Rental Subsidy Payment'''<br /> <br /> :The term &quot;Rental Subsidy Payment&quot; is synonymous with the terms &quot;Rental Differential Payment&quot; and &quot;Rent Supplement&quot; and all relate to the payment available to displaced residential occupants to cover additional rental costs they will experience in renting comparable replacement housing during the 42-month period following their displacement.<br /> <br /> '''(y) Utility Cost'''<br /> <br /> :Term &quot;utility costs&quot; means expenses for heat, lights, water, sewer, trash collection, electricity, gas, other heating and cooking fuels.<br /> <br /> '''(z) Uniform Act'''<br /> <br /> :&quot;Uniform Act&quot; is an abbreviated title for the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended.<br /> <br /> '''(aa) Acquired'''<br /> <br /> :The word &quot;acquired&quot; as used in this manual means the time the property owner, his/her agent or representative receives payment from the department for the property and/or rights being acquired, or if condemnation is involved at the time the condemnation commissioners' award is paid into court.<br /> <br /> '''(bb) Household income'''<br /> <br /> :The term household income means total gross income received for a 12 month period from all sources (earned and unearned) including, but not limited to wages, salary, child support, alimony, unemployment benefits, workers compensation, social security or the net income from a business. It does not include income received or earned by dependent children and full time students under 18 years of age. See appendix A, [https://www.law.cornell.edu/cfr/text/49/24.2 CFR subsection 24.2(a)(14)] for examples of exclusions to income.)<br /> <br /> &lt;div id=&quot;(cc) Mobile home&quot;&gt;&lt;/div&gt;<br /> '''(cc) Mobile home'''<br /> <br /> :The term mobile home includes manufactured homes and recreational vehicles used as residences. See appendix A, [https://www.law.cornell.edu/cfr/text/49/24.2 CFR subsection 24.2(a)(17)] which provides guidance on the types of mobile homes and manufactured housing that are acceptable as comparable replacement dwellings for those displaced from mobile homes.<br /> <br /> ===236.8.1.4 Interest Acquired===<br /> <br /> The type of interest acquired by the department does not affect the eligibility for relocation payments provided the interest acquired is sufficient to cause displacement.<br /> <br /> ===236.8.1.5 Ownership Qualifications===<br /> <br /> '''(a) General Ownership Requirements'''<br /> <br /> :In some instances, occupants must have owned the subject property for specific time periods to be eligible for certain types of relocation payments. In some instances, payment eligibility requirements also specify that relocatees must purchase and occupy decent, safe and sanitary replacement housing within a specific time after they are required to move from the property acquired by the department.<br /> <br /> :To be considered an owner of the property being acquired or of a replacement property entitled to relocation benefits the relocatee must either own the fee simple title to the property, hold a life estate or possess certain leasehold rights as discussed in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3 (p)]].<br /> <br /> '''(b) Contract to Purchase - Subject Right of Way Parcel'''<br /> <br /> :Relocatees who are in the process of purchasing the property from which they are being displaced under a contract to purchase which legally binds both parties to an agreement that calls for the subsequent transfer of title to the relocatee, is considered qualified if the contract has been in effect for the required ownership time period.<br /> <br /> '''(c) Contract to Purchase - Replacement Parcel'''<br /> <br /> :A relocatee who purchases a decent, safe and sanitary replacement property under a contract to purchase that legally binds both parties, as outlined in the preceding paragraph, within the required time limit, is considered to have met replacement housing ownership eligibility requirements.<br /> <br /> :It is not necessary for title to have actually passed to the subject relocatee under the procedure discussed in preceding subparagraphs (b) and (c) so long as a binding purchase contract is in effect. Contracts to purchase, which involve replacement properties, must be properly recorded in the office of the Recorder of Deeds before claims for relocation payments can be processed for payment if the purchase of a replacement property is an eligibility requirement for the type payment involved unless a written waiver of the recording requirement has been granted in writing by the Right of Way Section. (Requests for such waivers presented to the division office must explain why there is an objection to recording the contract and must be accompanied by a copy of the subject contract.) In every case, when doubt exists concerning the legality or terms of a particular purchase contract, submit a copy thereof to the Right of Way Section for final determination.<br /> <br /> '''(d) Owner's Acquisition by Devise, Bequest, Inheritance or Operation of Law'''<br /> <br /> :Relocatees who acquire a property that is scheduled for right of way acquisition by devise, bequest, inheritance or operation of law are considered to have met the ownership time eligibility requirements (but not necessarily the occupancy requirements) if the time they have owned the property since acquiring it plus the time it was owned by the person or persons from whom they acquired it totals the required time period.<br /> <br /> :This policy applies even though the relocatees &quot;inherited&quot; the subject property after the initiation of negotiations for the property. It also applies if the inheritance occurred after the original owners signed their right of way deed conveying the subject property to the department or after the property was condemned if the right of way consideration, or if applicable the condemnation commissioners' award, had not been paid, and as a consequence, title had not passed to the department.<br /> <br /> '''(e) Part Owners, Partnerships, Estate Members, Subject Right of Way Parcel'''<br /> <br /> :If a dwelling acquired by the department is partially owned by those who occupy it and partially owned by other parties who are not in occupancy, those in occupancy shall be eligible, if otherwise qualified, for relocation payments as an owner-occupant.<br /> <br /> :Estates are not eligible for RHP, incidental closing costs, increased interest payments, rental subsidy payments, or down payment assistance, but are entitled, when otherwise eligible, to moving cost payments, as well as &quot;fixed-payment&quot; moving cost payment (non-residential).<br /> <br /> :It is not necessary that the &quot;other party&quot; who owned an interest in the subject, but did not occupy it, also purchase an interest in the replacement. The name of the &quot;other party&quot; should not be included as payee on the RHP check. This is true even though a husband and wife owned the subject and one was in occupancy and the other resided elsewhere. (Be very sure that part owners &quot;residing elsewhere,&quot; especially if a husband and wife are involved, do not have a legitimate claim that the subject was actually their permanent and legal residence, even though they had a secondary and/or temporary residence elsewhere.)<br /> <br /> '''(f) Part Owners and Partnerships--Replacement Property'''<br /> <br /> :Those displaced by an acquisition can normally qualify for appropriate relocation payments if they purchase a decent, safe and sanitary replacement in partnership with other parties; however, the amount of such payments will normally be affected due to the fact that the subject relocatee does not purchase full ownership in the replacement.<br /> <br /> :Relocatees who qualify as owners due to having a life estate in the subject or by holding a long-term lease thereon can normally qualify for relocation payments, if they acquire at least the same interest in the replacement as they held in the subject.<br /> <br /> '''NOTE''': Other Parties Named In Deed Solely For Legal Purposes<br /> <br /> :In cases when parties other than the original owner-occupants are also named in the deed for the replacement property solely for legal purposes, for example, when the names of parents are included on a deed for loan purposes when their minor child purchases property, it may be possible, with prior approval from the Right of Way Section, to consider the original owner-occupants as sole owners of the replacement for the purpose of computing and paying applicable relocation payments. Requests for authority to apply this policy exception must be accompanied by a notarized affidavit, signed by all owners of record, stating that those involved who were not original owner-occupants invested no funds and claim no actual ownership in the replacement property and that such non-occupants waive any and all rights and/or claims for assistance and/or payments authorized under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. (The possible policy exception discussed in this &quot;NOTE&quot; could also be applied in principle to preceding subparagraph (e) which deals with the subject property.)<br /> <br /> '''(g) Properties Involved in Foreclosures'''<br /> <br /> :If a relocatee is being displaced from a property that is in the process of being, or which has been foreclosed, present all facts involved to the Right of Way Section in writing and request specific advice concerning relocation payment eligibility.<br /> <br /> ===236.8.1.6 Availability of Comparable Replacement Dwelling Prior to Displacement===<br /> <br /> Residential relocatees shall not be required to vacate their dwellings unless at least one comparable replacement dwelling (preferably three) has been made available to them. A comparable replacement dwelling will be considered to have been made available if:<br /> <br /> :(1) The relocatee is informed of its location.<br /> <br /> :(2) The relocatee has sufficient time to negotiate and enter into a purchase agreement or lease for the replacement dwelling or for other comparable housing (relocatees must not be required to move from their displacement dwelling until at least 90 days after they are advised in writing of the amount of their RHP offer to ensure that they have sufficient time to negotiate for a comparable replacement dwelling).<br /> <br /> :(3) The relocatees are ensured of receiving the relocation assistance and acquisition compensation to which they are entitled in sufficient time to complete the purchase or lease of a replacement dwelling unit.<br /> <br /> Residential relocatees cannot normally be evicted from an acquired dwelling unless a comparable replacement dwelling unit is currently available.<br /> <br /> '''NOTE''': If two or more families occupy the same single-family dwelling unit, the department should first attempt to locate a replacement unit that is comparable to the subject unit which will enable the families to relocate together; however, if such comparable is not available, the department's obligation to provide comparable replacement housing will be met if a separate decent, safe and sanitary replacement unit is made available to each family which provides functional comparability to the space and utility they enjoyed in the displacement dwelling.<br /> <br /> ===236.8.1.7 Eviction for Cause===<br /> <br /> Eviction for cause must conform to applicable state and local law. Any person who occupies the real property and is in lawful occupancy on the date of the initiation of negotiations, is presumed to be entitled to relocation payments and other assistance set forth in this part unless the agency determines that:<br /> <br /> :(a) the person received an eviction notice prior to the initiation of negotiations and as a result of that notice is later evicted, or<br /> <br /> :(b) the person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease or occupancy agreement, and<br /> <br /> :(c) in either case, the eviction was not undertaken for the purpose of evading the obligation to make available the payments and other assistance set forth in this part.<br /> <br /> For purposes of determining eligibility for relocation payments, the date of displacement is the date the person moves, or if later, the date a comparable replacement dwelling is made available. This section applies only to persons who would otherwise have been displaced by the project.<br /> <br /> ===236.8.1.8 Incompetent Owner or Occupant===<br /> <br /> If an owner and/or occupant is encountered who has been legally declared incompetent, the Relocation Program must be explained to his or her legal guardian. Guardians will normally have authority to sign relocation payment claims, accept possession notices and handle the details related to their ward's displacement. If any complications are encountered, provide all facts to the Right of Way Section and request specific instructions.<br /> <br /> ===236.8.1.9 Relocatee Dies During Displacement Period===<br /> <br /> '''(a) Relocatee Dies Prior to Occupying Replacement Housing'''<br /> <br /> :The following instructions apply when relocatees who are eligible for RHP, rental subsidy payments, down payment assistance, increased interest payments or moving costs die before they actually occupy a replacement dwelling:<br /> <br /> ::(1) If the deceased is the head of a household or the member of a displaced family, the relocation payment would not be affected.<br /> <br /> ::(2) If the deceased was the only occupant of the unit acquired by the department, the payment would be forfeited as the individual would never actually occupy the replacement dwelling. (Any portion of a RHP necessary to satisfy the legal obligation of an estate in connection with the selection of a replacement dwelling by or on behalf of a deceased person shall be disbursed to the estate.)<br /> <br /> '''(b) Claims Executed Prior to Relocatee's Death'''<br /> <br /> :The unpaid relocation claim of an eligible deceased relocatee that had been signed and notarized prior to his/her death should be processed for payment in the routine manner. The claim payment check should be forwarded to the administrator of the relocatee's estate together with an explanation of the relocation payment involved. If an estate has not been opened and/or an administrator has not been appointed, present the facts involved to the Right of Way Section and request specific instructions concerning delivery of the check.<br /> <br /> '''(c) Claims Not Executed Prior to Relocatee's Death'''<br /> <br /> :If a head of household dies after qualifying for a relocation payment, but before executing his/her claim, it is permissible to accept, process and pay a claim executed by the administrator of his/her estate. The claim payment check will be delivered to the administrator.<br /> <br /> :If the head of household dies prior to filing a claim that qualifies for payment and an estate has not been opened, or an administrator has not been appointed, present the facts to the Right of Way Section and request instructions concerning execution of the claim and delivery of the payment check. (Under some circumstances the succeeding head of household can execute the claim form.)<br /> <br /> ===236.8.1.10 Rest Home and Nursing Home Patrons===<br /> <br /> The term &quot;rest home&quot; as used herein also applies to nursing homes, convalescence homes and other similar establishments.<br /> <br /> In applying the following policy, it will be necessary to determine whether a subject rest home patron is a temporary or permanent occupant of the rest home.<br /> <br /> A temporary patron is one who is in the rest home on a temporary basis during an illness, convalescence, or illness recovery period, and is currently maintaining a permanent residence elsewhere, which the individual intends to reoccupy when able to do so.<br /> <br /> A permanent patron is one who has made the rest home his/her permanent place of residence, is not maintaining a residence elsewhere, and has no plan to leave the rest home at a later date.<br /> <br /> The Right of Way Section will, upon written request, assist in determining whether a subject relocatee is a temporary or permanent rest home patron.<br /> <br /> :'''(a) Moving Cost--Rest Home Displaced'''<br /> <br /> :When a displaced rest home operation is moved by its owner and reestablished in a new location, the individual patrons involved (both temporary and permanent) will not be entitled to relocation payments if the cost of moving them from the existing home to the replacement is borne by the rest home owner. (The rest home owner will be reimbursed for such moving costs as part of the routine business moving cost payment.)<br /> <br /> :If permanent patrons are forced to move to a new location at their own expense, and are not moved by the rest home owner as part of his/her business move, they shall be entitled to a routine residential moving cost payment based either on actual costs, or on the fixed-payment schedule, as the occupant of a furnished sleeping room.<br /> <br /> :If temporary patrons are forced to move to a new location at their own expense, they shall be entitled to a moving cost payment which also applies when the temporary patrons merely returns to their permanent residence.<br /> <br /> :'''(b) Rental Subsidy Payments--Rest Home Displaced'''<br /> <br /> :Rental subsidy payments are not available to temporary rest home patrons who maintain permanent and legal residences elsewhere. A permanent rest home patron, who is displaced due to the department's acquisition of the rest home, will not be entitled to a rental subsidy payment, if the subject rest home is relocated, remains in operation, and is available to him/her after it is relocated unless the existing rental fee is actually increased after the home is relocated.<br /> <br /> :If the displaced rest home does not relocate and does not continue in operation after displacement, and the permanent patron will be forced to relocate to a different rest home, the individual will normally be entitled to a rental subsidy payment computed as follows:<br /> <br /> ::(1) Determine the portion of the total monthly rental fee being paid by the relocatee prior to displacement that is chargeable to basic &quot;room rent,&quot; which normally includes utilities. It will be necessary to &quot;carve out&quot; and separate the basic room rent payment from nursing services, food, and other services paid for in the overall monthly payment. (Records maintained by the rest home may establish the basic room rental fee, if not, the determination must be made and documented by a department appraiser in the same manner that any other proration is made.)<br /> <br /> ::(2) Locate the most nearly comparable replacement rest home available to the relocatee and determine the portion of the total monthly rental fee charged for the replacement that is chargeable to basic room rent in the same manner as discussed in paragraph (1) above.<br /> <br /> ::(3) Compute the rental subsidy payment in the routine manner based on the difference between the &quot;basic room&quot; rental fees charged by the displaced rest home and the replacement rest home, or on the difference between the fee charged by the displaced rest home and the replacement fee actually paid by the relocatee, whichever is less. To determine if the 30% rule (as referenced in EPG 236.8.1.3(c)(2)) applies, each case will have to be discussed with the Right of Way Section individually. <br /> <br /> '''NOTE''': If the payment computation procedure discussed in this subparagraph creates an undue hardship on a relocatee, provide all facts to the Right of Way Section together with a recommendation for alleviating the hardship.<br /> <br /> :'''(c) Moving Costs--Rest Home Patrons' Property Acquired by the Department (Applicable to Both Tenants and Property Owners'''<br /> <br /> :If a residential, business or farm property is acquired by the department while its owner or tenant is the patron of a rest home (either temporary or permanent patron), such owner or tenant is entitled to the routine applicable moving cost payment.<br /> <br /> :'''(d) Residential Relocation Payments--Rest Home Patrons' Property Acquired by the Department (Applicable to Both Tenants and Property Owners'''<br /> <br /> :Temporary rest home patrons who maintain permanent residences elsewhere that are being acquired by the department, are entitled to any relocation payment they are otherwise eligible to receive and the fact that they are temporarily residing in a rest home has no effect on such payments. Permanent rest home patrons may own residential property occupied by others, or unoccupied. If they do, they are normally entitled to actual cost moving payments.<br /> <br /> '''NOTE''': If an owner-occupant or tenant who is displaced from a conventional dwelling unit, or from a mobile home, moves to and becomes a permanent occupant of a rest home, they can qualify for a rental subsidy payment, if otherwise eligible, provided that such rest home meets decent, safe and sanitary standards. In determining the amount actually paid by the relocatee for their &quot;replacement unit&quot; consider the &quot;basic room rental fee.&quot; (If a relocatee moves to a rest home on a temporary basis after displacement, provide all facts involved to the Right of Way Section and request instructions before making any commitments to the relocatee.)<br /> <br /> ===236.8.1.11 Displaced Students===<br /> <br /> :'''(a) Moving Costs'''<br /> <br /> :Students who are displaced from &quot;temporary&quot; housing, normally furnished rooms they occupy during the school year (those who return to their permanent homes during summer vacations), are entitled to routine moving cost payments, either fixed payment or actual costs, if their displacement occurs during the school year and they, of necessity, move to other temporary housing.<br /> <br /> :If the displacement occurs at the end of the school year, or during summer vacation, students who merely return to their permanent homes shall, if otherwise eligible, be entitled to a moving cost payment.<br /> <br /> :Students who occupy housing on a &quot;year-round&quot; basis, shall be entitled to the same moving cost payments as any other displaced tenant.<br /> <br /> :'''(b) Rental Subsidy and Down Payment Assistance'''<br /> <br /> :Students occupying housing on a temporary basis during the school year, as discussed in preceding subparagraph (a), and have permanent homes elsewhere, are normally not entitled to either rental subsidy or down payment assistance. Students who occupy housing on a full-time &quot;year-round&quot; basis, and establish such housing as their permanent and legal residence, shall be entitled to the same relocation payments as any other displaced tenant. (The Right of Way Section will, upon written request, assist in determining whether or not such housing is the student's permanent and legal residence.)<br /> <br /> ===236.8.1.12 Losses Due to Negligence===<br /> <br /> Losses due to negligence on the part of the relocated person, his/her agent or employees are not eligible for reimbursement under the Relocation Program.<br /> <br /> ===236.8.1.13 Relocatee’s Refusal of Assistance===<br /> <br /> There is no provision for the department to authorize relocatees to waive their right to claim relocation payments that they are entitled to receive; therefore, no agreement will be made with any relocatees in which they waive their right to claim such payments, even though they desire to do so. (A relocatee could not be forced to sign and submit a relocation payment claim if the individual elects not to do so.)<br /> <br /> ===236.8.1.14 Rental of Department-Owned Property===<br /> <br /> :'''(a) Renters After Acquisition Not Eligible for Relocation Payments'''<br /> <br /> :Persons who rent property from the state after it has been acquired, vacated and possession obtained from the occupants who were entitled to the original relocation payments, are not eligible for relocation payments.<br /> <br /> :In all cases, when the department rents or leases improved property (except when a routine &quot;Extension of Possession Agreement&quot; is used) whether it be excess land or right of way, the lease must contain the following clause:<br /> <br /> :&quot;Lessee agrees that upon surrender of possession he/she will not be entitled to any payment for moving costs or other relocation payments under any State or Federal Relocation Assistance Program.&quot;<br /> <br /> :'''(b) Only Decent, Safe and Sanitary Units Owned by Department Will Be Available for Rent Except When an Extension of Possession Agreement is Used'''<br /> <br /> :Improved parcels owned by the department that do not meet decent, safe and sanitary standards must not be rented for residential purposes.<br /> <br /> :'''(c) Computation of Rental Rates to be Charged by the Department'''<br /> <br /> :Rental rates are to be established as discussed in the Realty Asset Section.<br /> <br /> :'''(d) Occupant Rents Subject After Acquisition'''<br /> <br /> :If eligible relocatees of a property acquired by the department desire to rent it after the 90-Day possession period has expired, they can normally do so, if the letting schedule permits, without jeopardizing or changing their eligibility for relocation payments. This will normally be accomplished under an Extension of Possession Agreement (RW12).<br /> <br /> ::'''(1) Effect on Residential Moving Cost Payments'''<br /> <br /> ::When residential property is rented back to the occupant by the department, the residential moving cost payment will be made after the move is completed. The payment will be based on the amount of personal property actually moved, unless it is obvious that the quantity of personal property was substantially increased after the property was rented to the relocatee by the department. If a substantial increase is noted, an adjustment will be made in the moving cost payment to eliminate payment for the items added after the property was acquired by the department.<br /> <br /> ::If the fixed-rate moving cost schedule is used, the payment amount will be based on the number of furnished rooms occupied by the relocatee at the time the property was acquired by the department.<br /> <br /> ::'''(2) Effect on Business, Farm and Nonprofit Organization'''<br /> <br /> ::The renting of business, farm or nonprofit property, could create serious problems in administering the Relocation Assistance and Payment Program. For this reason, the district must submit any proposal to rent department-owned property of this type to the Right of Way Section for approval before any commitments are made.<br /> <br /> ::'''(3) Effect on RHPs'''<br /> <br /> ::The RHP offer that is in effect at the end of the routine 90-Day possession period will be the maximum (but not the minimum) RHP that the relocatee can qualify to receive when the relocatee eventually moves and occupies a decent, safe and sanitary replacement dwelling. A replacement housing claim cannot be processed or paid until the relocatee has actually fulfilled all requirements necessary to qualify for this type payment.<br /> <br /> ::The relocatee must be served notice to vacate (at the time the property is needed for construction) under the terms specified in the Extension of Possession Agreement, which will normally be 30-days written notice. (If a specific vacancy date is set out in the agreement, a termination date for the extension of possession, a written vacancy notice will not normally be required.)<br /> <br /> ::'''(4) Effect on Rental Subsidy Payments'''<br /> <br /> ::Tenants, who occupy a dwelling unit being acquired by the department, who are eligible for a rental subsidy payment, can rent the subject parcel after it has been acquired by the department without jeopardizing or changing his/her eligibility for the subsidy payment.<br /> <br /> ::The rental subsidy payment offer that is in effect at the end of the routine 90-Day possession period will be the maximum (but not the minimum) rental subsidy payment the relocatees can be paid when they eventually move to a decent, safe and sanitary replacement rental unit.<br /> <br /> ::The rental subsidy claim cannot be paid until the tenant actually vacates the subject property, moves to a decent, safe and sanitary replacement and otherwise qualifies for the payment.<br /> ::The department will begin collecting rent from the tenant at the end of the 90-Day possession period that is granted to the property owner. (The previous owner, from whom the property was acquired by the department, is entitled to rental payments during this 90-Day possession period.<br /> <br /> ::The tenant must be served with a 30-day written notice to vacate before the department takes possession of the property at the time it is needed for construction purposes under the terms specified in the Extension of Possession Agreement (RW12). (If a specific vacancy date is set out in the agreement, a termination date for the extension of possession, a written vacancy notice will not normally be required.)<br /> <br /> ::The procedure outlined in this subparagraph is also applicable when owners are involved who elect to rent rather than purchase replacement housing.<br /> <br /> ::'''(5) Effect on Down Payment Assistance'''<br /> <br /> ::Eligibility for down payment assistance is not affected if the relocatee rents the subject property after it has been acquired by the department.<br /> <br /> ::'''(6) Effect on Incidental Closing Cost Payments'''<br /> <br /> ::Rentals of this type have no effect on incidental closing cost payments.<br /> <br /> ::'''(7) Effect on Increased Interest Payments'''<br /> <br /> ::Rental of the subject back to its former occupant has no effect on this type relocation payment. The payment will be made to qualified owners when they meet all eligibility requirements.<br /> <br /> :'''(e) Extension of Possession Clauses'''<br /> <br /> :The following clauses must be included in every Extension of Possession Agreement (RW12) that is used in the rental of a subject property back to those occupying it at the time it was acquired by the department:<br /> <br /> ::'''(1)''' It is understood and agreed by both the commission and the lessees that the amounts of any relocation payments to which lessees are entitled shall not in any way be increased due to the continued occupancy authorized herein and it is further agreed that any RHP, rental subsidy payment or down payment assistance to which lessees are eligible, or become eligible to receive, shall not exceed amounts previously determined and offered in writing by the commission to lessees.<br /> <br /> ::'''(2)''' Lessees hereby agree and acknowledge that comparable replacement housing is in place and has been made available to them and that said lessees elect by choice to continue occupancy of the subject in lieu of occupying such available replacement housing. Lessees further specifically assume all responsibility for locating and occupying suitable replacement housing at the time they are required to vacate the subject parcel and that they will hold the commission blameless if suitable replacement housing is not available at that time. Lessees further agree that they shall not refuse to surrender possession upon demand by the commission, under terms specified in this agreement, due to the unavailability of suitable replacement property.<br /> <br /> '''NOTE''': If comparable replacement housing was not available at the time the Extension of Possession Agreement (RW12) was executed, the preceding clause will obviously be omitted from the agreement. If a comparable replacement dwelling unit becomes available at a later date (after the Extension of Possession Agreement has been executed), it is normally permissible to advise the relocatees and serve notice that the agreement is being terminated. If the relocatees prefer to continue renting the subject in lieu of occupying the available replacement, and if the district is willing to continue renting it to them, they can do so provided that they acknowledge in writing that (1) adequate replacement housing is in place and has been made available to them and that they elect by choice to continue occupancy of the subject in lieu of occupying the available replacement, (2) that they specifically assume all responsibility for locating and occupying suitable replacement housing at the time they are required to vacate the subject property and that they will hold the commission blameless if suitable replacement housing is not available at that time, and (3) that they shall not refuse to surrender possession of the subject property upon demand by the commission, under terms specified in the Extension of Possession Agreement, due to the unavailability of suitable replacement property.<br /> <br /> ::'''(3)''' Lessees specifically agree to accept 30-day written notice to vacate subject parcel, as specified in this agreement, in lieu of the 90-Day notice normally issued by the commission when occupancy is not being continued under an Extension of Possession Agreement.<br /> <br /> ::If a specific vacancy date is set out in the agreement, this clause should specify that the lessees agree to vacate on that date and that they specifically agree and understand that an additional notice to vacate will not be required by them or provided by the department.<br /> <br /> '''NOTE''': Do not enter into extension of possession agreements with any party who does not actually occupy the subject property, for example, a non-occupant owner, without specific written authority to do so from the Right of Way Section. Under no circumstances should improved properties be rented, or possession extended, to landlords (owners) who could in turn authorize the occupants (relocatees) being displaced to continue occupancy beyond the routine 90-Day possession period.<br /> <br /> ===236.8.1.15 Relocation Payments Not to be Considered as Income===<br /> <br /> No payment made under the Relocation Program outlined in this manual shall be considered as income for the purpose of the Internal Revenue Code of 1954 which has been redesignated as IRS Code of 1986 or for the purpose of determining the eligibility or the extent of eligibility of any person for assistance under the Social Security Act or any other federal law, except for any federal law providing low income housing assistance, consequentially all payments are not reportable to IRS on Form 1099S.<br /> <br /> :'''(a) Effect of Relocation Payments on Welfare Eligibility '''<br /> <br /> :The above statement also applies in general to state welfare laws; however, if question exists concerning the effect of such relocation payments on the state welfare payment eligibility of specific relocatees, definite answers must be obtained from local state welfare officials. (If a conflict of interpretation is involved, or if inconsistency is noted, provide all facts to the Right of Way Section where a final answer will be obtained from the central office of the welfare agency.)<br /> <br /> '''NOTE''': Relocatees must obtain answers to their questions concerning future welfare payment eligibility from state welfare officials.<br /> <br /> :'''(b) Internal Revenue Service Normally Exempts Relocation Payments From Levy'''<br /> <br /> :If the local Internal Revenue Service field personnel intend to take such levy action, advise the Right of way Section.<br /> <br /> ===236.8.1.16 Delivery of Relocation Payment Checks===<br /> <br /> All checks issued under the Relocation Program (except as noted in the following paragraph) are to be mailed to the designated recipient by certified mail. A letter of transmittal setting out the check number, amount and type of payment (moving cost, replacement housing, etc.) should accompany the check. Attach the certified return receipt to the file copy of the transmittal letter and retain both in the unit file.<br /> <br /> At the discretion of the district Right of Way Manager any full-time right of way employee may be designated to personally deliver payment checks. The unit file must be specifically documented to show who delivered the check.<br /> <br /> :'''(a) Delivery of Checks to Other Parties'''<br /> <br /> :It is permissible to deliver relocation checks to responsible parties other than the relocatees to whom such checks are made payable provided that the subject relocatee specifically and clearly requests such action in writing.<br /> <br /> :[[236.8 Relocation Assistance Program#236.8.1.9 Relocatee Dies During Displacement Period|EPG 236.8.1.9]], covers the delivery of a relocation payment check when the subject relocatee dies prior to receipt of his/her payment and obviously authorizes an exception (the only exception) to the requirement set out in the preceding paragraph. Relocation payment checks must be made payable to the subject relocatee(s), except as authorized in EPG 236.8.1.9 which relates to administrators of estates, and when moving cost payment checks can be made payable to moving firms under certain specific terms.<br /> <br /> ===236.8.1.18 Rounding of Claim Amounts===<br /> <br /> Relocation claims based on actual costs must not be rounded.<br /> <br /> Claims based on computed amounts (judgment, not actual costs) can be rounded to the nearest dollar. Only the &quot;total amount due&quot; can be so rounded, the component parts of a claim must be set out in their exact amounts.<br /> <br /> ===236.8.1.19 Justification for Recomputing Payments and/or Reversing Eligibility Determinations===<br /> <br /> Relocation payments, once computed, must not be changed, revised or recomputed without good reason and necessity.<br /> <br /> In every instance, when an original payment computation is changed, revised or recomputed, the unit file must be documented to explain why such action was necessary and justified. The reason for changing or reversing a payment eligibility determination must be well-explained and documented in the unit file.<br /> <br /> ===236.8.1.20 Duplicate Payments===<br /> <br /> :'''(a) Joint Acquisition by Two Governmental Agencies'''<br /> <br /> :Under no circumstances can a relocatee be paid duplicate relocation payments, covering the same displacement, by two different governmental acquisition agencies which are both subject to the &quot;Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970&quot; and its revisions or which have any other relocation payment program which accomplishes the same purpose.<br /> <br /> :'''(b) Relocatee is an Employee of a Private Company'''<br /> <br /> :If the employee of a private company who is being transferred by his/her employer is in occupancy of a parcel being acquired by the department at the initiation of negotiations for such parcel, or upon receipt of a Notice of Intent to Acquire-Relocation, the department will pay all relocation payments such relocatee is qualified to receive regardless of any transfer payments made to him by his/her employer and regardless as to when the transfer was initiated. <br /> <br /> :When this situation is encountered, the district should advise the employer by letter of the relocation payments being made to the employee (relocatee) by the department and thereby provide an opportunity for the employer to avoid duplication of payment, if it so desires.<br /> <br /> ===236.8.1.21 Right of Way Acquired by Local Public Agencies===<br /> <br /> When lands are acquired by another agency prior to receipt of written advice from the department concerning the location of a proposed highway or a request for reservation or conveyance for highway purposes, the provisions of this section of the manual will not apply.<br /> <br /> When lands to be used by the department as right of way are acquired by another agency after the department has provided written advice to that agency concerning the proposed highway location or a request for reservation or conveyance for highway purposes, relocation must be handled according to the instructions and policies outlined in this article.<br /> <br /> The provisions of EPG 236 apply to Federal Aid projects that necessitate either partial or total displacements. (The district must monitor relocation assistance activities conducted by a local governmental agency when federal highway funds are used on a highway or street project to ensure that provisions of The Federal Regulations are being complied with.) <br /> <br /> ===236.8.1.22 Discriminatory Practices===<br /> <br /> Under no circumstances shall any form of discriminatory practice be tolerated on the part of any agent or employee of the department or on the part of any persons, firms or corporations under contract with the Missouri Highways and Transportation Commission in carrying out any phase of the Relocation Assistance and Payment Program discussed in this manual.<br /> <br /> Supervisors and all others responsible for carrying out the Relocation Program must be constantly aware of the necessity for identifying, reporting, eliminating and/or correcting any discriminatory practice that may occur. (Any clearly defined discriminatory practice discovered by district personnel, or any practice seriously suspected of being discriminatory, must be reported to the Right of Way Section.)<br /> <br /> District personnel must be especially alert for violations of state and federal fair housing regulations which require that rental and sale of housing be made available to all persons without regard to race, color, religion, creed, national origin, sex, age, ancestry or disability.<br /> <br /> Relocatees should be encouraged to report to the department (in writing) any violations of fair housing regulations, or violations of any other of their protected civil rights, that they may experience as a result of their displacement. (Copies of such violation reports received in the district must be immediately forwarded to the Right of Way Section.)<br /> <br /> Relocation agents are also charged with the responsibility of assuring that minorities who may have language or other communication problems fully understand the Relocation Program as it relates to them.<br /> <br /> ===236.8.1.23 Witholding of Relocation Payments===<br /> <br /> It is permissible to deduct any rent that a displacee owes the department from relocation payments, provided that such deduction will not prevent the displacee from obtaining comparable decent, safe and sanitary replacement housing.<br /> <br /> Obtain prior approval from the Right of Way Section before making such deductions. Also provide facts and amount being withheld to the Financial Services Division with a journal voucher to account for the funds and record rent payment. A copy should also be sent to Right of Way Section.<br /> <br /> ===236.8.1.24 Manner of Notices===<br /> <br /> The following notices must be in writing and personally served or sent by certified or registered first-class mail with return receipt requested. Unit files must be documented to show that the notices are provided in the prescribed manner. (Persons who are unable to read and understand the notice must be provided with appropriate translation and counseling.)<br /> <br /> Notices required by Federal Regulation are:<br /> <br /> :'''(1)''' General Information Notice (see the [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Business%20Relocation%20Brochure.pdf Business Relocation Brochure] or the [httsp://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.pdf Residential Relocation Brochure]).<br /> <br /> :'''(2)''' Notices of Relocation Eligibility (Relocation Payment Offers).<br /> <br /> :'''(3)''' Vacancy Notices.<br /> <br /> Additional notices developed under department procedures are discussed in various sections of this manual. Proper use of such notices must also be recorded in the unit file. (Certified mail and personal delivery are permissible when deemed appropriate by the district.)<br /> <br /> ===236.8.1.25 Relocation Program on Projects Affected by a Major Disaster===<br /> <br /> Individuals and families whose homes have been damaged or destroyed by a major disaster and who have not been able to reoccupy their homes by the initiation of negotiations for the subject property can be considered to be in constructive occupancy provided (1) that the area has been designated as a major disaster area by the President, or (2) the Federal Highway Administration has determined that constructive occupancy is acceptable under the circumstances involved. (When a situation of this type is encountered, provide the facts involved to the Right of Way Section prior to making eligibility commitments to the relocatee.)<br /> <br /> The following policy guidance is applicable when an eligible 90-Day owner-occupant is involved:<br /> <br /> The RHP will be based on the difference between the amount the department pays for the subject property in its damaged condition and the confirmed price of the most nearly comparable replacement property available (comparable to the subject before the disaster) or the difference between the department's payment and the amount that the relocatee actually pays for a decent, safe and sanitary replacement, whichever is lesser, minus any proceeds received by the relocatee as payment for damages to his residence as a result of the disaster from insurance companies and/or from any other source.<br /> <br /> '''NOTE''': Obtain procedural instructions from the Right of Way Section when tenants, businesses, farm operations or nonprofit organizations are involved in a major disaster of this type. Also request instructions for computing relocation payments when a relocatee experiences a disaster that damages or destroys his home or business after the initiation of negotiations for the subject parcel.<br /> <br /> ===236.8.1.26 Notice of Intent to Acquire - Relocation (See [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Notice%20of%20Intent%20to%20Acquire%20Form%20236.8.1.27.docx RA Form 236.8.1.27)]===<br /> <br /> If for good reason a district desires to establish occupancy eligibility for a person prior to the initiation of negotiations for the parcel he/she occupies, they can do so by providing a written notice to the relocatee advising of the department's intention to acquire the property he/she occupies and provide a copy of the Relocation Brochure. <br /> <br /> To avoid bad public relations with landlords such notices should not be given to tenants unless they initiate the action and make a request in writing to the department. (Department employees must not be placed in the position of being in any way responsible for a tenant's early move which will cause a landlord's loss of rental income.) Notices of this type will be presented to tenants in exceptional cases only and when used, must be worded to clearly advise that the department is in no way requesting, or suggesting that they move at an early date and that we will provide a 90-Day period to vacate after the department has acquired the parcel. (Prior to issuing a Notice of Intent to Acquire-Relocation to a tenant, it may be desirable to explain the procedure involved to his/her landlord. The district should use its best judgment, based on the facts involved, in determining whether or not the landlord should be contacted concerning the pending notice.)<br /> <br /> The practice of issuing Notices of Intent to Acquire-Relocation must be held to a minimum and will not be considered standard practice. They shall be issued only when it is obviously in the department's best interest to do so or when a relocatee will suffer serious personal or financial hardship if such action is not taken. <br /> <br /> Such notices cannot be issued prior to the time that an acquisition date is approved for the project on which the property is located or until the specific parcel is approved as a hardship case or for protective buying. It is also quite obvious that notices of this kind must not be issued if there is any doubt that the subject parcel will be needed for right of way purposes.<br /> <br /> Form 236.8.1.26 is a sample &quot;Notice of Intent to Acquire-Relocation&quot; which should be followed when such notices are prepared in the district Offices. Copies of all such notices must be retained in the unit file with a signed notation thereon stating the date that such notice was mailed or hand carried to the addressee.<br /> <br /> If the notice is mailed to the potential relocatee, it is recommended that certified mail be used and that the return receipt be attached to the file copy of the notice.<br /> <br /> &quot;Notices of Intent to Acquire-Relocation&quot; are not normally available to the owners of businesses, farms and nonprofit organizations. <br /> <br /> Review [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(g)]], which relates to the initiation of negotiations date when &quot;Notices of Intent to Acquire-Relocation&quot; are issued.<br /> <br /> ==236.8.2 Relocation Assistance Program - Advisory Service==<br /> <br /> ===236.8.2.1 General===<br /> <br /> The Relocation Program can be divided into two functions <br /> :'''(1)''' relocation payments, and <br /> :'''(2)''' advisory services and assistance to those being displaced.<br /> The term &quot;advisory service&quot; therefore relates to advice and assistance only.<br /> <br /> Each district will provide Relocation Assistance Advisory Services to provide meaningful assistance to those being displaced regardless of race, color, religion, creed, sex, age, ancestry, disability or national origin. <br /> <br /> ===236.8.2.2 Eligibility for Advisory Service===<br /> <br /> Relocation assistance advisory service must be offered to:<br /> <br /> :'''(1)''' any &quot;displaced person&quot; as defined in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(c)]],<br /> <br /> :'''(2)''' any person occupying property immediately adjacent to the real property being acquired when the district Right of Way Manager recommends to the Right of Way Section for concurrence such person or persons are caused substantial economic injury because of the acquisition, and<br /> <br /> :'''(3)''' any person who moves from their residential unit, which is not located within the acquisition, due to reasonable necessity, because of the acquisition of their business or farm operation, and<br /> <br /> :'''(4)''' any person who moves personal property from real property not located within the acquisition, due to reasonable necessity, as a result of the acquisition of their business or farm operation.<br /> <br /> ===236.8.2.3 Advisory Service Requirements===<br /> <br /> The Relocation Assistance Advisory Services shall include such services as may be necessary or appropriate to: <br /> <br /> :'''(1)''' discuss and explain the services available, relocation payments and the eligibility requirements therefor and assist in completing any applications or other forms required,<br /> :'''(2)''' determine the need, if any, of displaced persons, for relocation assistance,<br /> <br /> :'''(3)''' provide current and continuing information on the availability, prices and rentals of comparable decent, safe and sanitary housing, and of comparable commercial properties and locations for displaced businesses,<br /> <br /> :'''(4)''' a person displaced from their business or farm operation in obtaining and becoming established in a suitable replacement location,<br /> <br /> :'''(5)''' when appropriate supply information concerning federal and state housing programs, disaster loans programs, and other federal or state programs offering assistance to displaced persons,<br /> <br /> :'''(6)''' advise displaced persons that no payments received under the Uniform Act shall be considered as income for the purpose of the Internal Revenue Code of 1954 which has been redesignated as the Internal Revenue Code of 1986 or for the purposes of determining the eligibility or the extent of eligibility of any person for assistance under the Social Security Act or any other federal law, and<br /> <br /> :'''(7)''' provide other advisory services to displaced persons in order to minimize hardships to such persons in adjusting to a new location.<br /> <br /> Advisory services shall be administered on a reasonable basis commensurate with the relocatees' needs. This could vary from (1) minimum assistance when relocatees are involved who are well informed, mentally, physically and financially able to manage their displacement (or overcome their economic injury as discussed in [[236.8 Relocation Assistance Program#236.8.2.2 Eligibility for Advisory Service|EPG 236.8.2.2(2)]], and who, as a consequence neither need or desire department assistance) to (2) almost unlimited advisory services and assistance for those who are elderly, infirmed, immobile or otherwise unable to cope with their displacement or economic injury problems. (All relocatees shall be offered transportation to inspect housing to which they are referred.)<br /> <br /> Whenever possible, minority persons shall be given reasonable opportunities to relocate to decent, safe and sanitary replacement dwellings, not located in an area of minority concentration, that are within their financial means. This policy, however, does not require the department to provide such relocatees a larger payment than is necessary to enable them to relocate to a comparable replacement dwelling.<br /> <br /> ==236.8.3 Relocation Assistance Program - Public Information==<br /> <br /> ===236.8.3.1 General Requirements===<br /> <br /> It is the responsibility of the department to assure that those being displaced by a highway project have adequate knowledge of the Relocation Program to enable them to take full advantage of the services and payments available.<br /> <br /> ===236.8.3.2 Relocation Brochure===<br /> <br /> '''(a) Distribution'''<br /> <br /> :Relocation Brochures (a [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Business%20Relocation%20Brochure.pdf Business Relocation Brochure] and a [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.pdf Residential Relocation Brochure]) have been prepared. Copies are available for distribution, which describes the department's Relocation Program in detail. These brochures are to be distributed without cost at public hearings and to other individuals and organizations as appropriate.<br /> <br /> :A brochure shall be furnished to persons to be relocated. (See [[236.8 Relocation Assistance Program#236.8.4 Relocation Assistance Program - Pre-Acquisition Requirements|EPG 236.8.4]], for specific instructions concerning brochure delivery to owner occupants and tenants.)<br /> <br /> '''(b) Brochure Delivery'''<br /> <br /> :Relocatees must be given a general information notice in writing of eligibility requirements and optional payments. The department's Relocation Brochures adequately provides the required information; therefore, it need not be repeated in the eligibility statements discussed in the following subparagraphs. All relocatees must be given a brochure.<br /> <br /> '''(c) Resupply Procedure'''<br /> <br /> :Requests for a brochure are to be submitted to the Right of Way Section.<br /> <br /> ===236.8.3.3 Eligibility Notice at Initiation of Negotiations===<br /> <br /> Eligibility Notices have been designed to include, when appropriate, written relocation payment offers. Therefore, the terms &quot;Eligibility Notice&quot; and &quot;Relocation Letter Offers&quot; are synonymous.<br /> <br /> All Eligibility Notices must include the name and telephone number of a department employee who can be contacted for answers to questions and for other relocation assistance needed by the relocatee.<br /> <br /> An Eligibility Notice, including replacement housing and rental subsidy payment offers, must identify the selected comparable replacement dwelling on which the payment offer is based. It must be verified that the comparable selected is still available immediately prior to issuing the notice.<br /> <br /> '''(a) Owner-Occupant of More than 90 Days'''<br /> <br /> :Displaced owners in this category must be provided a written Eligibility Notice, including a RHP offer when the written offer for their real property is made.<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Owner%20Occupant%20Form%20236.8.3.3.A.docx Form 236.8.3.3(a)], is a sample notice that should be used in providing the RHP offer and required information to qualified owners. Any deviation from the wording in the exhibit, except as authorized in the following paragraphs, must be approved by the district Right of Way Manager.<br /> <br /> :In the first blank space of the first paragraph write the date negotiations were initiated for the parcel. In the second space show the entire amount offered for the right of way and damages.<br /> <br /> :In the first blank space of the second paragraph show the amount being offered for the residential portion including the value of any uneconomic remnant. In the second space insert the computed RHP offer. <br /> <br /> :The first space in the fifth paragraph is provided to identify the replacement dwelling on which the RHP offer was based. Use a street address when available. If the replacement dwelling is in a rural area, provide its location in relation to identifiable landmarks such as highway intersections, named streams, etc. (Should the offer be based on the cost of new house construction, so state in the referenced space.)<br /> <br /> :Insert the confirmed asking or listing price of the selected comparable, in the second space. <br /> <br /> :If the residential portion of the property being acquired is encumbered by a mortgage and has been for at least 90 days before the initiation of negotiations, the following paragraph should be inserted in the eligibility notice:<br /> <br /> &lt;blockquote&gt;If there is now a mortgage on the residential portion of your property, which has been in effect for at least 90 days, you may be eligible for an increased interest cost payment. To obtain an estimate of the amount of this payment you must contact your Missouri Department of Transportation representative. This should be done immediately after you have found a replacement and signed a contract to purchase it, but before applying for loan on it. Once you have obtained a loan commitment and the closing date for the purchase of your replacement, you may contact your Missouri Department of Transportation representative and request that your actual interest cost payment be processed so that it will be available at the closing on your replacement. It is important to contact your Missouri Department of Transportation representative as soon as possible after a closing date has been established to allow time to process your payment.&lt;/blockquote&gt;<br /> <br /> :The spaces in the last paragraph of the form will normally reflect the name of the relocation agent assigned to the parcel and his/her office telephone number.<br /> <br /> :In some cases, the total right of way offer, which will be set out on the first line of the notice [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Owner%20Occupant%20Form%20236.8.3.3.A.docx Form 236.8.3.3(a)] as discussed above, will include payment for land, property or rights, in addition to the subject residential improvements and supporting land area. If so, it will be necessary to prorate the offer to determine the portion thereof that is chargeable to the residential property. (The necessity for, and manner of accomplishing, such prorations are discussed later in this manual.)<br /> <br /> :The fact that a displacee elects not to sell the remainder of his/her residential building lot to the department (when a partial displacement is involved) will have an effect on the RHP. See [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(3)]].<br /> <br /> :To avoid a delay in initiating negotiations the relocation agent can be notified of the negotiating figure recommended by the district at the time the appraisals are being reviewed. A study can then be made to determine the amount of the RHP during the same period that the appraisal is being reviewed. An adjustment will have to be made in the RHP figure if the reviewer approves a different negotiating figure than previously recommended. If time permits, it is preferable that the RHP be computed immediately after an approved negotiating figure is received. <br /> <br /> :The original eligibility notice is to be delivered to the owner or their designated representative and a copy thereof placed in the unit file. The Relocation Agent must place a signed notation on the bottom of the file copy to show the date delivered and to whom. <br /> <br /> :Be very sure that the notice is not delivered until after the subject owner's pre-negotiation ownership eligibility requirements have been carefully checked and approved.<br /> <br /> :If either the right of way offer or the RHP offer is changed after the notice is delivered to the owner, a corrected notice, identified as such, must be provided to the owner. The corrected notice must advise that it supersedes and cancels the original notice dated. Retain copies of all corrected notices for the unit file with the same delivery notation as required on the copy of the original notice.<br /> <br /> :The Relocation Payment Eligibility must be presented to the owner-occupant relocatee during the initial negotiation contact. <br /> <br /> ::(1) '''90-Day Owner-Occupant--Mobile Home'''<br /> <br /> ::Ownership of the mobile home rather than the site determines the eligibility of 90-Day owner-occupants for a RHP. If displaced owners of mobile homes occupy them on a site, rented or owned, for at least 90 days before initiation of negotiations, they may be eligible for a payment of up to $31,000.<br /> <br /> ::Owners in this category must be provided eligibility notices which specify the maximum payments they are eligible to receive. Various possible combinations of ownership or rental of sites of both the displacement and replacement homes can occur. As a result it may be necessary to issue separate eligibility notices for the mobile home and the site. Sample notices which must be used to cover these various possibilities are provided in exhibits at the end of this section.<br /> <br /> '''(b) Tenants With 90-Day Occupancy'''<br /> <br /> ::'''(1) Ten-Day Contact''' (See RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Tenants%20and%20of%20Mobile%20Home%20Sites%20Form%20236.8.3.3.C.1.docx Form 236.8.3.3(c)(1)]<br /> <br /> ::Within ten working days after the initiation of negotiations for the property they occupy, tenants (other than subsequent occupants) shall be contacted in person and furnished a written eligibility notice advising of the date of initiation of negotiations for the subject parcel and (when 90-Day occupants are involved) that a determination will be made in the near future, normally within 30 days, as to whether or not they will be entitled to a rental subsidy payment and, if so, the maximum amount they can become eligible to receive. If personal contact is not possible within 10 days, send notice by certified mail.<br /> <br /> ::See Form 236.8.3.3(c)(1), which is a sample statement that should be used in providing the required information to tenants.<br /> <br /> ::If the relocatees being contacted are the same persons that were in occupancy at the time the initial relocation contact was made, they will already have a copy of the [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.pdf Relocation Brochure] and the Relocation Program will have been explained to them in detail. In addition, a Relocatee Needs Questionnaire will have been completed.<br /> <br /> ::Under this circumstance the only actions necessary during the &quot;ten-day contact&quot; are:<br /> <br /> :::1. Presentation of the [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Tenants%20and%20of%20Mobile%20Home%20Sites%20Form%20236.8.3.3.C.1.docx RA 236.8.3.3(c)(1)] notice, .<br /> <br /> :::2. Answer any new or additional questions the relocatee may have concerning his displacement.<br /> <br /> :::3. Review the previously completed Relocatee Needs Questionnaire and update it as necessary.<br /> <br /> :::4. Be sure that the relocatees still have a copy of the Relocation Brochure in their presence. If not, provide them a copy at the time the contact is made.<br /> <br /> ::If the present occupant of the subject dwelling unit was not in occupancy at the time the above-referenced initial relocation contact was made, take the following actions during the current contact:<br /> <br /> :::1. Explain the Relocation Program to the relocatee.<br /> <br /> :::2. Provide the relocatee a copy of the Relocation Brochure.<br /> <br /> :::3. Complete a Relocatee Needs Questionnaire.<br /> <br /> :::4. Present the relocatee an [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Tenants%20and%20of%20Mobile%20Home%20Sites%20Form%20236.8.3.3.C.1.docx RA 236.8.3.3(c)(1)] notice, .<br /> <br /> :::5. Provide an explanation of the relocation services available to the relocatee.<br /> <br /> ::Copies of all RA 236.8.3.3(c)(1) notices are to be retained in the unit file. The Relocation Agent must place a signed notation on the bottom of each copy to show the date delivered and to whom.<br /> <br /> ::If the tenants who were in occupancy at the time of the previously mentioned initial relocation contact moved prior to the initiation of negotiations for the subject, so note in the files and take no further action as they will not be eligible for payment under the Relocation Program.<br /> <br /> ::If eligible relocatees were in occupancy at the initiation of negotiations, but moved prior to the ten-day contact, it will be necessary to present them an RA 236.8.3.3(c)(1) notice at their new address, in person, if possible, if not, by certified mail.<br /> <br /> ::If eligible relocatees move without advising the district of their new address, the following actions must be taken.<br /> <br /> :::1. Contact the tenant's former landlord and attempt to obtain the new address. If successful, proceed in the routine manner.<br /> <br /> :::2. If the new address cannot be obtained, the statement must be mailed to the tenant (certified mail, return receipt requested) at the address of the subject right of way parcel. A letter must be attached to the statement asking the relocatee to advise the district of their new address. If the new address is obtained, proceed in the routine manner. If, however, the statement and accompanying letter are not delivered and are returned to the district by the Postal Department, they must be placed in the unit file as proof that such action was taken.<br /> <br /> ::The ten-day contact requirement applies, if the tenants were in occupancy at the initiation of negotiations, even though they had not been in occupancy for the required 90-day time period. In this case a simple letter, composed in the district, will be presented to them in lieu of the RA 236.8.3.3(c)(1) notice. The letter must advise the relocatees (1) of the date that negotiations were initiated for the property they occupy, (2) that they are eligible for a moving cost payment and (3) that the district will assist them in locating a decent, safe and sanitary replacement dwelling unit if they so desire. If the relocatees moved to the subject property after the &quot;initial relocation contact&quot; was made, comply with instructions which relate to this type of situation at [[#Initial Relocation Contact|&quot;Initial Relocation Contact&quot;]] in EPG 236.8.4.<br /> <br /> ::The ten-day contact is not applicable to tenants who first occupy dwelling units after the initiation of negotiations for the subject property. (See the referenced subparagraph headed &quot;Initial Relocation Contact&quot; which provides instructions covering relocation contact requirements with tenants in this category.)<br /> <br /> '''NOTE''': Relocation Agents are not required to obtain permission from landlords prior to contacting tenants.<br /> <br /> ::'''(2) Rental Subsidy Payment Eligibility Notice''' <br /> <br /> ::Tenants who meet the 90-Day occupancy requirements must also be furnished a written notice advising them of the amount of the rental subsidy payment to which they are entitled.<br /> <br /> ::[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Tenant%20Eligibility%20Notice%20Rental%20Subsidy%20Form%20236.8.3.3.C.2.docx Form 236.8.3.3(c)(2)], at the end of this section is a sample statement that is to be used in providing this information to tenants.<br /> <br /> ::The computed rental subsidy payment offer, taken from the Rental Subsidy Computation Sheet, which is discussed later in this manual, will be reflected in the first blank space on the subject form and the replacement rental fee used in computing the payment offer will be inserted in the second blank space.<br /> <br /> ::Payment Eligibility Notices must be sent to tenants by certified mail (return receipts requested) or delivered in person within 30 days after the previously discussed ten-day contact is made unless there is a specific reason why this deadline cannot be complied with. (If the deadline cannot be complied with, which would be the case if a suitable replacement unit cannot be located within the 30-day period, document the file accordingly, so advise the relocatee, and provide the statement as soon as possible.) Relocatees must be provided the RA 236.8.4.3(c)(2) notice prior to the issuance of a 90-Day notice to vacate. In all cases the certified mail receipt is to be placed in the unit file together with a copy of the statement.<br /> <br /> '''(c) Actions When &quot;Nil&quot; Relocation Payment Involved'''<br /> <br /> If computations and studies show that an owner or tenant is not entitled to the type RHP discussed in preceding subparagraphs (a) and (c)(2), due to the fact that they can obtain comparable decent, safe and sanitary replacement housing without the need for an additive payment, the wording in the notice must be changed accordingly.<br /> <br /> Appropriate wording could be:<br /> <br /> &quot;Studies of available dwellings (or, if applicable, rental units) which are for sale (or rent) at this time show that you will be able to acquire (or rent) a comparable decent, safe and sanitary dwelling (or dwelling unit) for a price (or fee) that does not exceed the amount offered by the department for your existing property, or if a rental subsidy payment is involved, that does not exceed the amount you are currently paying for the unit which you now occupy.&quot;<br /> <br /> The relocatee must also be advised in the notice that the relocatee's ineligibility for a replacement housing or rental subsidy payment does not affect his/her eligibility for other relocation payments the individual is qualified to receive. <br /> <br /> '''(d) Eligibility Notices, Businesses, Farms, Nonprofit Organizations and Partial Displacements'''<br /> <br /> ::'''(1) Relocatees Own Acquisition Parcel'''<br /> <br /> ::Owners of displaced businesses, farms and nonprofit organizations who own the parcel on which they are situated must be provided a written Eligibility Notice and Relocation Brochure at the same time they are offered the approved negotiating figure for the real property involved.<br /> <br /> ::The notice can be presented to the owner by the negotiator or the Relocation Agent assigned to the parcel. (If presented by the negotiator, a follow-up call must be made by the Relocation Agent shortly after the initiation of negotiations, no more than ten working days thereafter.)<br /> <br /> ::The file copy of the notice must show who delivered the original to the relocatee, the date of delivery and the recipient.<br /> <br /> The notice can be worded as follows:<br /> <br /> &lt;blockquote&gt;&quot;This letter is to advise you that _____________________ has been established as the initiation of negotiations date for the property on which your (business, farm, nonprofit organization) is situated. Your basic eligibility for relocation benefits has therefore been established.<br /> <br /> The specific benefits that you may become eligible to receive are outlined in the Relocation Brochure and will be explained in detail by your Relocation Agent.<br /> <br /> Please feel free to contact __________________ at this office (telephone no.____________), if you have questions relating to your relocation benefits or a need for other relocation assistance.&quot;&lt;/blockquote&gt;<br /> <br /> :If the relocatee is a non-resident, document the file accordingly and provide the Eligibility Notice by certified mail. (Do not include the statement advising that relocation benefits &quot;will be explained in detail by your Relocation Agent&quot;.)<br /> <br /> '''(2) Relocatees are Tenants'''<br /> <br /> This information, including the suggested wording of the notice, generally applies when the owners of businesses, farms or nonprofit organizations rent the acquisition parcels on which their operations are situated.<br /> <br /> In this case, a relocation agent will normally deliver the notice. The notice must be presented to the relocatee within 10 working days after the initiation of negotiations for the parcel.<br /> <br /> ==236.8.4 Relocation Assistance Program - Pre-Acquisition Requirements==<br /> ===236.8.4.1 Relocation Pre-Acquisition=== <br /> <br /> During the early stages of development of a project the district Right of Way department shall develop solutions to minimize the adverse impacts of displacement. Such planning, where appropriate, shall precede any action by the department which will cause displacement, and should be scoped to the complexity and nature of the anticipated displacing activity including an evaluation of program resources available to carry out timely and orderly relocations. <br /> <br /> Planning may involve a relocation survey or study, which may include the following: <br /> <br /> ::(1) An estimate of the number of households to be displaced including information such as owner/tenant status. <br /> ::(2) Estimated value and rental rates of properties to be acquired <br /> ::(3) Family characteristics and special consideration of the impacts on minorities, the elderly, large families, and persons with disabilities when applicable. <br /> ::(4) An estimate of the number of comparable replacement dwellings in the area (including price ranges and rental rates) that are expected to be available to fulfill the needs of those households displaced. (When an adequate supply of comparable housing is not expected to be available, the department should consider housing of last resort actions.) <br /> ::(5) An estimate of the number, type and size of the businesses, farms, and nonprofit organizations to be displaced and the approximate number of employees that may be affected. <br /> ::(6) An estimate of the availability of replacement business sites. When an adequate supply of replacement business sites is not expected to be available, the impacts of displacing the businesses should be considered and addressed. <br /> ::(7) Planning for displaced businesses that are reasonably expected to involve complex or lengthy moving processes or small businesses with limited financial resources and/or few alternative relocation sites should include an analysis of business moving problems. <br /> ::(8) Consideration of any special relocation advisory services that may be necessary. <br /> &lt;div id=&quot;Initial Relocation Contact&quot;&gt;&lt;/div&gt; <br /> '''Initial Relocation Contact'''<br /> &lt;div id=&quot;When to Make Initial Relocation Contact&quot;&gt;&lt;/div&gt;<br /> '''(a) When to Make Initial Relocation Contact'''<br /> <br /> As soon as plans are developed to the point that it is both possible and desirable to obtain right of way acquisition authority for a project, or portion of a project, the district must contact the occupants of every unit that is scheduled for acquisition under the proposed &quot;A&quot; date in person if reasonably possible. If the acquisition date currently being requested covers only a section of the right of way project involved, the initial relocation contact requirement relates to that section only and not to other sections which are to be acquired at a later date.<br /> <br /> The following actions must be accomplished during the initial relocation contact.<br /> <br /> ::(1) The Relocation Program must be explained.<br /> <br /> ::(2) A copy of the Relocation Brochure must be delivered to the relocatee.<br /> <br /> ::(3) A &quot;Relocatee Needs Questionnaire,&quot; as discussed in [[236.8 Relocation Assistance Program#Relocatee Needs Questionnaire|Relocatee Needs Questionnaire]], must be completed for each separate unit (residential, business, farm and nonprofit organization) for occupants being totally displaced.<br /> <br /> The following points must be specifically explained at the time this contact is made:<br /> <br /> ::(1) that the persons involved must normally be in occupancy of the subject parcel at the initiation of negotiations for that parcel to qualify for relocation payments,<br /> <br /> ::(2) that highway plans for the project involved are not finalized and that the relocation contact is being made to determine the replacement housing needs of those who will be displaced '''IF''' the proposed highway project becomes a reality and IF final plans require the acquisition of the property they occupy and<br /> <br /> ::(3) that they should not take any actions concerning a future move that would cause them embarrassment, hardship or financial loss if the property they now occupy is not acquired by the department. The preceding procedure and requirements are also applicable when persons move into and occupy properties scheduled for acquisition after the routine initial relocation contacts have been completed on the project. The initial relocation contact will be accomplished, under this circumstance, as soon as possible, after the existence of such occupants is discovered.<br /> <br /> Persons who initially occupy a proposed right of way parcel after negotiations have been initiated for the parcel may become eligible for a moving cost payment. For this reason such relocatees should be contacted as soon as their occupancy is known by the District. A Relocatee Needs Questionnaire should be completed during the first contact and they should be advised that they may be eligible for moving cost payments '''if''' they are still in occupancy at the time the property is acquired by the department or at the time they received a notice to vacate from the department. They should be offered advisory assistance and those displaced from residential dwelling units should be advised that the department will assist them in locating a decent, safe and sanitary replacement dwelling, if they so desire. Present the relocatees a copy of the Relocation Brochure during the first contact but be '''very sure''' that they understand that they cannot normally qualify for any type of relocation payment other than moving costs. Such relocatees should be &quot;added to&quot; applicable relocation records immediately after their first relocation contact is made. <br /> <br /> :'''NOTE A: Displaced Tenants, Not Located Within Right of Way Acquisition'''<br /> <br /> :When tenants '''not''' located within the right of way acquisition will be displaced because their landlord does not replace a necessary facility or service that was included in the acquisition, the following actions are to be accomplished.<br /> <br /> :Make a record of the tenants located on the potentially uninhabitable remainder who were in occupancy at (1) the time negotiations were initiated for the subject parcel, and (2) at the time the right of way from the subject parcel was acquired. It is also desirable that the dates that tenants moved to and began their occupancy of the subject parcel be recorded at the time the occupancy listings are assembled. If the landowner advises that he/she plans to replace the facility, the list of occupants should be obtained without contacting the tenants involved. Hopefully the landowner will provide a listing of the tenants, if not, or if the completeness and/or accuracy of a list the landowner does provide is questionable, contact the Right of Way Section for further instructions. This record will be extremely beneficial if it is determined at a later date that the landowner does not replace the necessary facility or service as originally planned. If this occurs, it will be necessary to contact the relocatees involved and provide relocation assistance and payments.<br /> <br /> :If it is known at the time the tenant occupancy record is assembled that the landowner does not intend to replace a needed facility, the tenants will be displaced. Take all of the same actions (except the issuance of vacancy notices) that would be taken if tenants were located within the acquisition.<br /> <br /> '''(b) When to Make Initial Relocation Contact--Hardship and Protective Buying'''<br /> <br /> If a request for hardship acquisition or the protective buying of a parcel is involved prior to the time the above-referenced contact is accomplished, the initial relocation contact is to be made just prior to submitting a request to the Right of Way Section for authority to acquire the subject parcel.<br /> <br /> The same actions as required in preceding subparagraph (a) must be taken except that the points to be explained at the time of the contact are to be changed as follows:<br /> <br /> ::(1) That they must not move prior to receipt of a written &quot;Notice of Intent to Acquire-Relocation&quot; from the department or prior to the initiation of negotiations for the parcel, whichever occurs first.<br /> <br /> ::(2) That they should not take any actions prior to receipt of a written &quot;Notice of Intent to Acquire-Relocation,&quot; or prior to the initiation of negotiations for the parcel, that would cause them embarrassment, hardship or financial loss if the proposal to purchase the property is not approved.<br /> <br /> ::(3) That to be safe, they should not vacate the subject parcel until after they have received a written &quot;Notice to Vacate&quot; from the department.<br /> &lt;div id=&quot;Relocatee Needs Questionnaire&quot;&gt;&lt;/div&gt;<br /> '''Relocatee Needs Questionnaire'''<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocatee%20Needs%20Questionnaire%20Form%20236.8.4.2.docx Relocatee Needs Questionnaire (Form 236.8.4.2)] must be completed, for each individual, family, business, farm and nonprofit organization being displaced, at the time the initial relocation contact is accomplished. It is not necessary to complete a questionnaire when partial displacements are involved; however, a brochure must be given to relocatee as it relates to partial displacees explained. Unit file must indicate date of contact and party involved and extent of displacement.<br /> <br /> The Relocation Agent who completes a needs questionnaire relating to a residential dwelling unit should explain to the relocatees at the beginning of the interview that some of the questions to be asked are of a personal nature and that they can withhold the requested information, if they so desire.<br /> <br /> If the relocate withholds information, the agent should insert the letters &quot;IW&quot; (Information Withheld) in the appropriate space on the questionnaire.<br /> <br /> The completed questionnaire must be made a part of the unit file.<br /> <br /> Relocation agents assigned to projects, and/or specific relocatee, must also be provided copies of completed questionnaires relating to the relocatees involved.<br /> <br /> '''Instructions for Completing the Questionnaire'''<br /> <br /> The points discussed in the following paragraphs require special interpretation and/or instructions.<br /> <br /> Use the following &quot;key&quot; letter when completing the last space on the second line of the questionnaire that is headed &quot;RACE.&quot; When displacement involves a business, farm or nonprofit organization, the blank entitled &quot;Race&quot; will apply to the business owner, farm operator or majority of the nonprofit organization's membership.<br /> <br /> ::::W - white<br /> ::::B - black<br /> ::::H - Hispanic<br /> ::::I - American Indian or Alaskan Native<br /> ::::A - Asian or Pacific Islander<br /> ::::O - Other<br /> <br /> When a residence and business are located in the same building (occupied and operated by the same person), include applicable information for each on the same questionnaire. On the fifth line show that both a residence and business are involved and complete the applicable portions of the form. (The same holds true when a residence is located on a farm that is being completely displaced, displaced farm operation.) If separate unit files are maintained, place a copy of the questionnaire in each file.<br /> <br /> The ninth line on the form provides spaces to show the name of the head of household's employer and whether such employment is temporary or permanent. The tenth line should reflect the address where the head of household works. This information relates to his or her principal place of employment and not to secondary or moonlighting jobs. (Secondary and moonlighting jobs of consequence should be discussed under comments on the back of the form.)<br /> <br /> On the next line show the mode of travel used by the head of household in traveling to and from his/her principal place of employment, and the distance (one way) involved. Average travel time to and from the place of employment can also be shown in the &quot;distance&quot; space.<br /> <br /> Future reference to the line on the questionnaire which reflects whether or not the subject dwelling unit is the relocatee's principal and legal permanent residence will help avoid the possible error of paying a relocation payment to an ineligible relocatee.<br /> <br /> It is recommended that the space headed &quot;Are Utilities Furnished&quot; be completed by inserting &quot;none,&quot; if appropriate, or if utilities are provided, the letter H--for heat, E--for electricity, W--for water, etc., to show those which are provided by the landlord. (If all utilities are provided, so state.) Income amounts should be obtained and re-verified before computing payments.<br /> <br /> All entries on the line which begins &quot;Total Rooms Needed&quot; should reflect the same number of rooms as contained in the subject dwelling unit unless the subject was not adequate to accommodate the relocatee, in which case, show the number of rooms that will be needed in a replacement dwelling unit to enable it to accommodate the relocatee. (Normally any increase in the number of rooms needed, over those contained in the subject unit, will appear in the spaces reflecting &quot;Total Rooms Needed&quot; and &quot;Bedrooms&quot;.) Additional information relating to the term &quot;adequate to accommodate the relocatee&quot; is provided in [[#(2) Selection of|&quot;Selection of Comparables&quot; in EPG 236.8.8.3 Payment Computations]] and should be reviewed before completing a Relocatee Needs Questionnaire.<br /> <br /> The first space on the last line on the front of the form should show the total number of automobiles owned by the head of the household and by all other family members who reside in the subject dwelling unit. The second space is provided to show all other vehicles owned by the family including trucks, vans, motorcycles, etc.<br /> <br /> It is desirable to have a record on file in the district office to show that the occupants of each displaced unit were offered assistance in locating available replacement housing and whether or not the department's offer was accepted or declined. For this reason spaces have been included on the back of the questionnaire relating to these points. These spaces will be completed in every instance when residential units, businesses, farm operations and nonprofit organizations are being totally displaced. (A negative answer to the question &quot;was a specific offer of assistance in locating available replacement property made to relocatee&quot; is not acceptable.)<br /> <br /> In the space labeled &quot;Adults Present at Interview&quot; list all adults that were present at the time of the contact, including the names of department employees, other than the agent who is conducting the interview and who will sign the questionnaire. If someone other than a family member was present, show his or her title, interest or relationship to the relocatee.<br /> <br /> There is no circumstance that would eliminate the necessity for providing an explanation of the three points specifically discussed in [[236.8 Relocation Assistance Program#When to Make Initial Relocation Contact|When to Make Initial Relocation Contact]]. Therefore a negative answer to the question on the back of the questionnaire which relates to this required explanation is not acceptable.<br /> <br /> In addition to the above information obtained from any displaced business, farm or nonprofit organization the following information should be obtained during completion of the Relocatee Needs Questionaire:<br /> <br /> The information can be added into the comments section or on additional sheets and attached to the Relocatee Needs Questionaire.<br /> <br /> At a minimum, interviews with displaced business owners and operators should include the following:<br /> <br /> ::1. The business’s replacement site requirements, current lease terms and other contractual obligations and the financial capacity of the business to accomplish the move.<br /> ::2. Determination of the need for outside specialists that will be required to assist in planning the move, assistance in the actual move, and in the reinstallation of machinery and/or other personal property.<br /> ::3. An identification and resolution of personal/realty issues.<br /> ::4. An estimate of the time required for the business to vacate the site.<br /> ::5. An estimate of the anticipated difficulty in locating a replacement property.<br /> ::6. An identification of any advance relocation payments required for the move.<br /> <br /> '''c) Certification Concerning Legal Residency In The United States'''<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Certification%20Concerning%20Legal%20Residency%20in%20the%20USA%20Form%20236.8.4.2.A.pdf Form 236.8.4.2(a)] should be completed and signed by all relocates at the same time as the [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocatee%20Needs%20Questionnaire%20Form%20236.8.4.2.docx Relocatee Needs Questionnaire (Form 236.8.4.2)].<br /> <br /> The form is to be attached to and remain with the Relocatee Needs Questionaire. <br /> <br /> Each person seeking relocation payments or relocation advisory assistance shall, as a condition of eligibility, certify:<br /> <br /> ::1. In the case of an individual, that he or she is either a citizen or national of the United States, or an alien who is lawfully present in the United States.<br /> <br /> ::2. In the case of a family, that each family member is either a citizen or national of the United States, or an alien who is lawfully present in the United States. The head of the household may make the certification on behalf of other family members.<br /> <br /> ::3. In the case of an unincorporated business, farm, or nonprofit organization, that each owner is either a citizen or national of the United States, or an alien who is lawfully present in the United States. The certification may be made by the principal owner, manager, or operating officer on behalf of other persons with an ownership interest.<br /> <br /> ::4. In the case of an incorporated business, farm or nonprofit organization, that the corporation is authorized to conduct business within the United States.<br /> <br /> In computing relocation payments, if any member(s) of a household or owner(s) of an unincorporated business, farm or nonprofit organization is (are) determined to be ineligible because of a failure to be legally present in the United States, no relocation payments may be made to him or her. Any payment(s) for which such household, unincorporated business, farm, or nonprofit organization would otherwise be eligible shall be computed for the household, based on the number of eligible household members and for the unincorporated business, farm or nonprofit organization, based on the ratio of ownership between eligible and ineligible owners.<br /> <br /> The district right of way office shall consider the certification provided to be valid, unless it is deemed invalid based on a review of the alien’s documentation or other information that the district considers reliable and appropriate.<br /> <br /> Any review by the district right of way office of the certifications provided shall be conducted in a nondiscriminatory fashion. The same standard of review shall be applied to all such certifications. Except that such standard may be revised periodically.<br /> <br /> If the district right of way office has reason to believe that the certification of a person who has certified that he or she is an alien lawfully present in the United States is invalid, the district shall obtain verification of the alien’s status from the local U.S. Citizenship and Immigration Service (USCIS) Office. A list of local [https://www.uscis.gov/about-us/find-a-uscis-office USCIS offices] is available. Any request for BCIS verification shall include the alien’s full name, date of birth and alien number, and a copy of the aliens documentation. (If the district is unable to contact the BCIS, it may contact the Right of Way Section for further guidance.)<br /> <br /> If the district right of way office has reason to believe that the certification of a person who has certified that he or she is a citizen or national is invalid, the district shall request evidence of United States citizenship or nationality from such person, and if considered necessary verify the accuracy of such evidence with the issuer.<br /> <br /> No relocation payments or relocation advisory assistance shall be provided to a person who has not provided the certification described in this section or who has been determined to be NOT lawfully present in the United States, unless such person can demonstrate to the district’s satisfaction that the denial of relocation assistance will result in an exceptional and extremely unusual hardship to such person’s spouse, parent or child who is a citizen of the United States, or is an alien lawfully admitted for permanent residence in the United States.<br /> <br /> For clarification “exceptional and extremely unusual hardship” to such spouse, parent, or child of the person not lawfully present in the United States means that the denial of relocation payments and advisory assistance to such person will directly result in:<br /> <br /> ::1. A significant and demonstrable adverse impact on the health or safety of such spouse, parent, or child.<br /> ::2. A significant and demonstrable adverse impact on the continued existence of the family unit of which such spouse, parent, or child is a member, or<br /> ::3. Any other impact that the district determines will have a significant and demonstrable adverse impact on such spouse, parent or child.<br /> <br /> ==236.8.5 Relocation Assistance Program - Administrative Records and Reports==<br /> <br /> ===236.8.5.1 Type and General Purpose of Records and Reports Involved===<br /> <br /> The records and reports discussed in this section are general in nature and are those that do not apply directly to a payment category or to a specific subject that is covered in one of the other sections of the manual.<br /> <br /> All relocation records and reports have been developed to ensure that the many requirements for administering the Relocation Program have been fulfilled for each right of way project.<br /> <br /> Do not use any form, form letter or procedure that could be construed to make a commitment or assurance to relocatees that is not required or authorized in this Article without written approval from the Right of Way Section.<br /> <br /> ===236.8.5.2 Relocation Agent’s Report ([http://eprojects/Templates/RW/Chapter%208_Relocation/Relocation%20Report%20Form%20236.8.5.4.pdf Form RA 236.8.5.4])===<br /> <br /> '''(a) Purpose of Report'''<br /> <br /> The &quot;Relocation Agent's Report&quot; provides a record of '''every''' contact (including telephone contacts) between department relocation personnel and those who are displaced by a highway project and to provide documentary proof that certain required contacts were made. Unsuccessful attempts to contact relocatees also must be recorded on the paper.<br /> <br /> It is '''imperative''' that the &quot;Relocation Agent's Report&quot; be filled out in detail as it is a very important document and will be used as proof that required actions have been accomplished. A brief, but complete, resume of each contact that is recorded on the report '''must''' be attached to and made a part of the Relocation Agent's Report.<br /> <br /> '''(b) Hardship and Protective-Buying Parcels'''<br /> <br /> A &quot;Relocation Agent's Report&quot; must be completed for each relocatee involved in either a total or partial displacement including those acquired in advance of routine project negotiations for protective buying and as hardship cases.<br /> <br /> '''(c) Instructions for Use of Report'''<br /> <br /> Although every relocation contact between the Relocation Agent assigned to a parcel and the relocatee who occupies it must be recorded and made a part of the Relocation Agent's Report, the [http://eprojects/Templates/RW/Chapter%208_Relocation/Relocation%20Report%20Form%20236.8.5.4.pdf RA Form 236.8.5.4] itself covers only one specific contact with the relocatee. (Contacts not specifically discussed on the face of the form must be recorded on a separate sheet, which is to be attached to and made a part of the Relocation Agent's Report.)<br /> <br /> If a residential owner-occupant is involved the section of the Form 236.8.5.4 headed &quot;Initiation of Negotiations Contact&quot; will be completed. Therefore the first entries on the face of the Relocation Agent's Report will be made when the combined relocation and initiation of negotiations contact is made with the owner.<br /> <br /> :'''NOTE:''' It is not necessary to begin the Relocation Agent's Report at the time the &quot;initial relocation contact&quot; is made, as the Relocatee Needs Questionnaire will provide ample documentation relating to that contact.<br /> <br /> The section of the form headed &quot;Ten-Day Relocation Contact&quot; will be completed when a residential unit is occupied by a tenant. <br /> <br /> If a displaced business, farm operation or nonprofit organization is involved, record the first contact between the Relocation Agent and the relocatee (made '''after''', and not counting, the above-referenced initial relocation contact) in the section of the form provided for this purpose.<br /> <br /> The relocation contact to be recorded in the section of the form relating to partial displacements is the contact during which the Relocation Program is explained, and a Relocation Brochure is presented, to the owner of the personal property involved. This will normally be the first contact with such relocatee.<br /> <br /> The following instructions are provided to ensure its proper use.<br /> <br /> &quot;Type Property&quot; on the second line in the heading refers to &quot;residence,&quot; &quot;business,&quot; &quot;farm operation&quot; or &quot;nonprofit organization.&quot;<br /> <br /> The last space on the fourth line must reflect the date that the initial relocation contact was made and who made the contact. If the agent preparing the subject report did not make the initial relocation contact, the agent should obtain this information from the applicable Relocatee Needs Questionnaire.<br /> <br /> The first line in the section headed &quot;Initiation of Negotiations Contact&quot; must reflect the date that negotiations were initiated for the subject property and whether or not, &quot;yes&quot; or &quot;no,&quot; the Relocation Agent was present during this contact. (If &quot;no&quot; explain why under &quot;Comments&quot; or on the back of the form.)<br /> <br /> The date that the written relocation offer was presented to the owner will normally be the same date reflected on the first line under this heading, as the initiation of negotiations date. (If it is not, the circumstances must be explained.)<br /> <br /> If a &quot;new&quot; owner-occupant is encountered, who was not in occupancy at the time the initial relocation contacts were made on the project, complete the portion of this section that relates to this type situation.<br /> <br /> If the unit was purchased and occupied after routine initial relocation contacts were made on the project, but '''prior''' to the initiation of negotiations, it will be necessary to complete both a Relocatee Needs Questionnaire and a Relocation Agent's Report.<br /> <br /> If the relocatee is entitled to moving costs only, mark spaces which do not apply as &quot;N/A&quot; and provide an explanation under &quot;Comments,&quot; or on the back of the form, to clarify the situation.<br /> <br /> If the unit was purchased and occupied by the current occupant '''after''' the date of initiation of negotiations for the subject parcel, it will be necessary to complete both a Relocatee Needs Questionnaire and a Relocation Agent's Report covering the &quot;new&quot; occupants as they may become eligible for relocation assistance and moving cost payments.<br /> <br /> The section of the form headed &quot;Ten-Day Contact&quot; relates to the specific contact discussed in [[236.8 Relocation Assistance Program#236.8.3.3 Eligibility Notice at Initiation of Negotiations|EPG 236.8.3.3(b)(1)]]. A review of this section will clarify most entries required in this section of the form.<br /> <br /> An explanation will be required on the form if the date of the ten-day contact was made more than ten days after the initiation of negotiations date. If the [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Tenants%20and%20of%20Mobile%20Home%20Sites%20Form%20236.8.3.3.C.1.docx RA Form 236.8.3.3(c)(1)] notice was not presented to the relocatee at the ten-day contact, an explanation will be required.<br /> <br /> If a &quot;new&quot; tenant is encountered, who was not in occupancy at the time the initial relocation contacts were made on the project, follow the same general principles discussed above, relating to &quot;new&quot; owner-occupants, when completing the applicable portion of this section. (This statement also applies in the section of the form covering totally displaced businesses, farm operations and nonprofit organization, which relates to relocatees who first occupied the subject after initial relocation contacts were completed on the project.)<br /> <br /> The number of occupied rooms that are furnished by the relocatee as shown in the next section of this report shall be the basis for computing fixed-payment moving cost claims.<br /> <br /> Include all rooms that are occupied and furnished by the relocatee including attics, basements, enclosed porches, separate sheds or other similar type storage areas if such areas contain furniture, appliances and/or other personal property reasonably equivalent to a routine furnished room. (Do not include bathrooms, hallways and closets.) If areas, other than routine rooms, are included in the room count, explain what other storage areas are involved. (If information relating to the number of rooms occupied in this record differs with data provided in the &quot;Relocatee Needs Questionnaire,&quot; an explanation resolving the discrepancy must be attached to this report.)<br /> <br /> The next section of the form, which is &quot;Applicable to Totally Displaced Businesses, Farm Operations and Nonprofit Organizations,&quot; is, with the following explanation, considered to be self-explanatory.<br /> <br /> The spaces referring to &quot;relationship&quot; of persons contacted, if other than the owner, relates primarily to nonprofit organizations and large corporations.<br /> <br /> When nonprofit organizations are involved, the person contacted will normally be the organization's president, commander, pastor or other principal officer. When large firms and corporations are involved, local managers, business representatives, company attorneys and/or others in management positions may be contacted in lieu of &quot;owners.&quot;<br /> <br /> When locally owned and operated businesses and farm operations are involved, the owners must be contacted in person, if possible. If it is necessary to contact someone other than the owner, in such cases, explain the reason for doing so in the report.<br /> <br /> The following instructions are applicable when any type of partial displacement is involved.<br /> <br /> The &quot;first relocation contact&quot; to be recorded in the section of the form relating to partial displacements will be the original relocation contact with the owner of the personal property involved. This being true, it is necessary, during this original contact, to present such owner a Relocation Brochure and explain the program as it relates to partial acquisitions. (It is expected that the questions on the form concerning brochure delivery and explanation of the program will always be answered in the affirmative.)<br /> <br /> In listing items of personal property, when a partial displacement is involved, it is permissible to &quot;lump&quot; small miscellaneous items together when so many minor items are involved that it is impossible or impractical to list them separately.<br /> <br /> In the last section of the form, show whether the relocatee did, or did not, request assistance in locating replacement property.<br /> <br /> If a relocatee requested assistance in locating a replacement at the time the questionnaire was completed, or at any later date, the affirmative space must be checked and the Relocation Agent's record must include entries to show that such assistance was provided.<br /> <br /> Each &quot;Relocation Agent's Report&quot; must be signed and dated before it is turned in to the district office.<br /> <br /> ===236.8.5.3 Initiation of Negotiations Statement ([http://eprojects/Templates/RW/Chapter%208_Relocation/Initiation%20of%20Negotiations%20Statement%20From%20236.8.5.5.pdf RA Form 236.8.5.5])===<br /> <br /> It is extremely important that the exact date that right of way negotiations began for every parcel affected by the Relocation Program be recorded as this date will be used in determining whether or not owners and tenants have occupied parcels being acquired as right of way for the minimum time necessary to qualify them for specific relocation payments.<br /> <br /> RA Form 236.8.6.5 has been developed to establish and provide a record of the initiation of negotiations date for each individual parcel affected by the Relocation Program.<br /> <br /> This form is to be completed by the negotiator, for every parcel that is involved with the Relocation Program, and submitted to the district Relocation Section immediately after the contact is made.<br /> <br /> In case of nonresident owners, who are contacted by mail, the initiation of negotiations will be the date that the owner received the initial letter from the department in which an offer was made for his property. The letter must be sent by certified mail so that the return receipt will establish the date. Attach a copy of the letter and the return receipt to the RA Form 236.8.5.5.<br /> <br /> ===236.8.5.4 Decent, Safe and Sanitary Inspection Reports===<br /> <br /> Before any replacement housing, rental subsidy or down payment assistance can be made, the district must determine that the relocatee involved has moved into a replacement dwelling unit that meets the decent, safe and sanitary standards defined in subparagraph 236.8.1.3(j). The unit file must be documented to show that the replacement dwelling was inspected and found to comply with the referenced decent, safe and sanitary standards.<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Decent%20Safe%20and%20Sanitary%20Inspection%20Report%20Form%20236.8.5.4.A.pdf RA Form 236.8.5.4(a)] has been designed to serve as an inspector's check sheet, inspector's report and signed statement for use in documenting the unit file. Relocation Agents will normally serve as inspectors.<br /> <br /> '''(a) Decent, Safe and Sanitary Inspection Report (Form 236.8.6.7(a))'''<br /> <br /> The heading of the form is self-explanatory.<br /> <br /> In the first section following the heading, provide the street number of the inspected dwelling unit if possible. If that is not possible, use a location designation that will enable the dwelling unit to be readily located at a future date.<br /> <br /> In the next space, show the person who owned the property at the time of the inspection and that owner's address.<br /> <br /> The description of the property required in this section can be brief, but at the same time, must be adequate to accomplish its purpose.<br /> <br /> It will be necessary to contact the appropriate local city or county official to determine whether or not a local occupancy code exists which applies to the subject dwelling unit. If there is, have the city, or county, building inspector (or comparable local official) complete the third section of the form. Districts are authorized to payroll routine fees charged by local building inspectors in the same manner as any other incidental cost chargeable to relocation. (Local city and county inspectors can provide a separate written inspection report, letter, approved occupancy permit, city/county inspection report, etc., if they so desire in lieu of signing the department's Decent, Safe and Sanitary Inspection Report. If so, make reference to it in the third section of the department's Inspection Report covering the replacement unit and attach it thereto.)<br /> <br /> Do not confuse building codes for new construction (which are not applicable) with housing and occupancy codes for existing structures that are referred to in the decent, safe and sanitary standards.<br /> <br /> A simple &quot;yes&quot; or &quot;no&quot; in the appropriate spaces in the fourth section of the report is considered adequate; however, the inspector is encouraged to add any comments or statements the inspector feels would be desirable and beneficial on the back of the form.<br /> <br /> The inspector must check the appropriate space in the certification to show that the inspector does or does not consider the property to meet the applicable decent, safe and sanitary standards.<br /> <br /> If the inspector does not believe that the property meets minimum decent, safe and sanitary standards, the inspector should outline the reasons on the back of the form, or on an attached sheet.<br /> <br /> Sometimes the owner of a property that does not pass the decent, safe and sanitary inspection will want to make the necessary improvements and corrections to enable it to qualify. If so, a second inspection is necessary after the corrections have been made, and a new RA Form 236.8.5.4(a) must be completed. (A second inspection by the local building inspector would not be required if the local building inspector signed the original form.) Always retain both the original and new inspection reports in the unit file.<br /> <br /> '''(b) Inspection of Mobile Homes'''<br /> <br /> In addition to meeting the decent, safe and sanitary standards defined in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(j)]], mobile homes used as replacement housing must also meet minimum tie-down standards as defined in [https://revisor.mo.gov/main/OneSection.aspx?section=700.010 mobile Missouri Revised Statutes Chapter 700].<br /> <br /> '''(c) Rest and/or Nursing Homes'''<br /> <br /> Relocatees who occupy '''state approved''' rest homes or nursing homes as replacement dwellings, will be considered as having occupied a decent, safe and sanitary replacement and a routine decent, safe and sanitary inspection will not be required. The unit file must be documented to show that such rest or nursing home has been, and is currently, state approved.<br /> <br /> Rest and/or nursing homes, which have not been state approved, must meet the decent, safe and sanitary standards outlined herein and a Decent, Safe and Sanitary Inspection Report must be completed in the routine manner.<br /> <br /> '''(d) Inspection Procedure; In State'''<br /> <br /> It is necessary for districts to conduct decent, safe and sanitary inspections prior to the actual purchase or rental of a selected replacement dwelling unit, if a relocatee so desires, to ensure that the selected replacement meets required standards. Such pre-purchase and pre-rental inspections will be made only after a relocatee has selected a specific replacement that the relocatee intends to purchase or rent. Districts are in no way obligated to inspect random properties, or a series of properties, which a relocatee is merely considering. (Should such a request be made, the relocatee should be advised to make a selection and then, prior to making a commitment, request the inspection of that specific property.)<br /> <br /> In some instances, a relocatee may not request a decent, safe and sanitary inspection until after the relocatee has purchased or rented a replacement. In such cases, the inspection should be made as soon as possible after the district is informed that replacement property has been obtained.<br /> <br /> '''(e) Inspection Procedure; Out of State'''<br /> <br /> The Right of Way Section will, upon request from the district office, contact other State Highway and Transportation Departments and ask them to conduct decent, safe and sanitary inspections when Missouri relocatees move into their state.<br /> <br /> Requests for such action, from the district to the division, must be accompanied by a Decent, Safe and Sanitary Inspection Report Form (filled out to the extent possible) and the factual data necessary to enable the request to be honored, such as the name of the relocatee, address of the replacement property and any other information that would be beneficial to those making the inspection.<br /> <br /> The division will immediately forward such requests to the state involved. The completed form will be returned to the district as soon as it is received from the state conducting the inspection.<br /> <br /> If the replacement property is located in an adjoining state, and within reasonable distance from the Missouri State line, it will be permissible for department employees to conduct the inspection in lieu of requesting such action by another state. District engineers, whose district joins the state line, can normally authorize the necessary out-of-state travel to conduct such inspections.<br /> <br /> Should a situation be encountered where it is not feasible to obtain an out-of-state decent, safe and sanitary inspection through a local public agency it will be permissible, with prior approval from the Right of Way Section, to accept a certification from the relocatee that he/she has occupied decent, safe and sanitary replacement housing as defined in the department's [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.pdf Residential Relocation Brochure].<br /> <br /> '''(f) Written Notice of Decent, Safe and Sanitary Inspection Approval or Rejection'''<br /> <br /> Relocatees are to be promptly advised in writing of the results of the decent, safe and sanitary inspection of their selected replacement dwelling unit. A simple letter will suffice.<br /> <br /> If the unit meets decent, safe and sanitary standards, the letter should be worded as follows:<br /> <br /> &lt;blockquote&gt;&quot;The (dwelling/apartment/sleeping room, whichever is applicable) located at (street address or other specific location) which you have selected as a replacement for the unit from which you (are being/have been) displaced by the Missouri Department of Transportation meets the decent, safe and sanitary standards that are applicable to the department's Relocation Program. It is, therefore, an acceptable replacement dwelling unit so far as your relocation payment eligibility is concerned.<br /> <br /> The department's inspection of the unit was for the sole purpose of determining this particular phase of your eligibility for a relocation payment and this approval provides no assurance or guarantee that there are not unknown deficiencies in the unit or in its fixtures and equipment that may develop at a later date. The department will, therefore, assume no responsibility or liability should deficiencies be discovered in the future.&quot;&lt;/blockquote&gt;<br /> <br /> If the inspected unit does not meet decent, safe and sanitary standards, the letter should be worded in the following manner:<br /> <br /> &lt;blockquote&gt;&quot;The department cannot approve the (dwelling/apartment/sleeping room) located at (street address or other specific location) as meeting occupancy standards that are acceptable under the department's Relocation Program for the following reason(s):<br /> <br /> (list decent, safe and sanitary deficiencies)<br /> <br /> The unit therefore is not an acceptable replacement dwelling unit so far as your relocation payment eligibility is concerned.<br /> <br /> If the above-mentioned Relocation Program occupancy deficiencies are later corrected and/or eliminated, we will reinspect the unit for you upon request.&quot;&lt;/blockquote&gt;<br /> <br /> If a rejected unit is later reinspected and found to meet decent, safe and sanitary standards, the relocatee involved should be provided a routine approval letter as previously discussed in this subparagraph.<br /> <br /> It is permissible to provide owners of replacement dwelling units, and/or their agents, copies of decent, safe and sanitary approval (or rejection) letters.<br /> <br /> :'''NOTE:''' If a mobile home site is inspected prior to the time a relocatee reestablishes his/her other mobile home thereon, the preceding letter would not apply. In this case, the written decent, safe and sanitary letter should simply state that facilities at the proposed site are, or are not, adequate to enable the relocatee to reestablish a mobile home in a manner that will meet decent, safe and sanitary standards. The relocatee must also be advised in the letter that this inspection does not establish, or reject, his/her eligibility for a relocation payment and that it will be necessary for the department to inspect his/her mobile home after it has been reestablished at a replacement site to ensure that it is situated in a manner that meets the required standards. (A routine approval, or rejection, letter should be provided to the relocatee after the mobile home has been inspected at the replacement site. The previously discussed wording for conventional housing decent, safe and sanitary approval, or rejection, letters can be used with minor modifications as necessary to apply to a mobile home.)<br /> <br /> ==236.8.6 Relocation Assistance Program - Moving Cost Payments==<br /> <br /> ===236.8.6.1 Payment Eligibility===<br /> <br /> (a) '''Initial Occupant'''<br /> <br /> Any individual, family, business, farm operator or nonprofit organization which qualifies as a displaced person as defined in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(c)]], is entitled to reimbursement for the reasonable and necessary expenses of moving personal property when:<br /> <br /> :(1) the personal property is located on real property that is scheduled for acquisition by the department, either as an entire or partial acquisition,<br /> <br /> :(2) the personal property is located on remaining land which will be made inaccessible to the relocatee due to being legally and/or physically landlocked as a result of the right of way acquisition,<br /> <br /> :(3) the owner is in legal occupancy of the real property on which the personal property is located at (a) the time negotiations are initiated for the subject real property, (b) at the time the individual is served a &quot;Notice of Intent to Acquire-Relocation,&quot; or (c) at the time the real property was actually acquired by the department,<br /> <br /> :(4) the owner moves the personal property from the area being acquired or landlocked after the initiation of negotiations for the subject real property, or after receiving a &quot;Notice of Intent to Acquire-Relocation,&quot; whichever date is earliest, or<br /> <br /> :(5) the cost of moving the personal property does not substantially exceed the cost of replacing it at a new location. <br /> <br /> If the department's acquisition of real property used for a business or farm operation causes persons to vacate their dwellings or other real property not included in the right of way acquisition, or to move personal property from other real property not acquired as right of way, they may be entitled to the cost of moving such personal property. Eligibility for payment is normally limited to situations in which (1) the business or farm operation is moved to a new location that is not reasonably accessible to the existing dwelling, or (2) it is reasonably necessary for the relocatee to reside on, or in proximity, to the property on which his/her business or farm operation is located. <br /> <br /> When payment is made for moving personal property not located within the acquisition, as discussed in the preceding paragraphs, the unit file must be documented to show the necessity for moving such personal property. If doubt exists concerning the necessity for moving items not located within the right of way acquisition, contact the Right of Way Section. <br /> <br /> '''(b) Relocatee Initially Occupies Subject After Initiation of Negotiations (Subsequent Occupants)'''<br /> <br /> Preceding eligibility requirement number (3) makes it possible for persons who initially occupy a proposed right of way parcel '''after''' negotiations have been initiated for the parcel to become eligible for a moving cost payment.<br /> <br /> Persons who move to a property after the initiation of negotiations and vacate it prior to the time it is acquired '''are not eligible for moving cost payments unless''' they are provided a written notice to vacate by the department prior to the time they move. <br /> <br /> '''(c) Relocatee Displaced From Remainder of Partial Acquisition; Not Located Within Right of Way Acquisition Will Normally Be Eligible for Moving Cost Payments'''.<br /> <br /> See [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(c)(4)]], for an explanation of relocatee's eligibility.<br /> <br /> ===236.8.6.2 General Moving Cost Policies===<br /> <br /> '''(a) Policy Concerning More Than One Move'''<br /> <br /> Moving costs cannot be paid for more than one move of the same personal property without prior approval from the Right of Way Section. More than one move will not be approved unless it is clearly in the best public interest to do so. This policy does not apply when it is necessary to move personal property to and from storage.<br /> <br /> '''EXCEPTION''': Two moves can normally be justified when personal property is located within a temporary or permanent easement, one move from the easement area and another to return it after the easement (if temporary) reverts to the property owner. (If work is needed later on a permanent easement, '''no''' relocation assistance or payments will be provided.)<br /> <br /> '''(b) Distance of Move'''<br /> <br /> There is no limitation on the distance a relocatee moves personal property; however, moving cost payments must not include the expenses involved in moving the personal property more than 50 miles distance. However, when the relocation cannot be accomplished within 50 miles from the subject location the Right of Way Section may allow reimbursement of cost to the nearest adequate and available site.<br /> <br /> Moving cost payments can be made to cover the cost of moving personal property on to remaining or other lands owned by the relocatee or his/her landlord.<br /> <br /> '''(c) Owner Retention'''<br /> <br /> When an owner retains any item that was classified as real property, the cost of moving it to a new location is never eligible for reimbursement.<br /> <br /> If a retained dwelling is moved without removing the occupant's personal property, the relocatee can still be paid a moving cost payment based on the &quot;Fixed-Payment Moving Cost Schedule.&quot; No additional moving cost payment will be made. If, however, furnishings are removed during the time the building is being relocated, relocatee could be paid the actual cost of removing, storing and replacing the subject furnishings, or the fixed-payment option in lieu of actual costs.<br /> <br /> '''(d) Two or More Families Occupy Same Single-Family Dwelling Unit'''<br /> <br /> In most instances, the term &quot;families&quot; is used in explaining the procedures in this subparagraph; however, the principles and instructions also apply when one family jointly occupies a single-family dwelling unit with other individuals who are not a part of the family.<br /> <br /> Joint-occupancy families are entitled to separate moving cost payments if they are also eligible for separate replacement housing or rental subsidy payments.<br /> <br /> :'''(1) Separation After Displacement'''<br /> <br /> :In some instances, two or more families living together in the same single-family dwelling unit prior to displacement, will move into separate dwelling units after being displaced. When this occurs, each family can claim a separate moving cost payment, either the actual cost of moving their portion of the personal property involved or a payment based on the appropriate Fixed-Payment Moving Cost Schedule.<br /> <br /> :When the payment is based on the fixed-payment schedule, each family can be paid from schedule A, as discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(c)]], for the number of rooms they '''furnished''' plus $100, see section B of the Fixed Payment Moving Cost Schedule, per room for other rooms that were furnished by the other families in which the claimant had free and unlimited sharing privileges.<br /> <br /> :If one family provided all of the furnishings in the dwelling unit, that family will be paid from schedule A for all of the furnished rooms and the other family will be paid from schedule B, which relates to dwellings furnished by other parties, for the number of rooms they privately and jointly occupy. (Families which share a room that is jointly furnished, neither family has enough personal property therein to qualify for a full room, can each be paid $100, see section B of the Fixed Payment Moving Cost Schedule, for the jointly furnished room.)<br /> <br /> :'''(2) All Families Relocate Together'''<br /> <br /> :Families who live together prior to displacement will not be entitled to separate moving cost payments if they move to the same single-family replacement dwelling unit and continue to live together after displacement, regardless of the circumstances involved.<br /> <br /> ::'''(a) Separate Individuals Occupy Same Single-Family Dwelling Unit, Including Married Couples that are separated or Divorced After Initiation of Negotiations'''.<br /> <br /> ::If two or more eligible individuals with no identifiable head of household occupy the same single-family dwelling unit, they are to be considered as one &quot;family&quot; so far as moving cost payments are concerned and only one payment will be made regardless as to whether or not such individuals occupy the same replacement property. In such instances, all parties involved must sign the moving cost claim and the payment check must list as payee all persons who signed the claim. (An exception to this policy can be made, with approval from the Right of Way Section, if it is not reasonably possible or practical to issue one check due to hostilities between the individuals involved. In this case, the '''one''' payment that would have been made jointly to the relocatees can be divided among the eligible individuals.)<br /> <br /> ::'''(b) Personal Property Sold After Initiation of Negotiations and Prior to Displacement'''<br /> <br /> ::'''Fixed-Payment Option'''<br /> <br /> ::If the owners of personal property select the &quot;fixed-payment&quot; moving cost option sell or otherwise dispose of their personal property prior to its being removed from the subject parcel, they shall be entitled to the fixed payment under schedule B of the Fixed-Payment Moving Cost Schedule '''after''' such personal property has been removed from the right of way. The fact that the personal property was disposed of prior to its removal from the subject parcel has no effect on the eligibility of the relocatee to receive his/her fixed moving cost payment. (The person who purchased the personal property involved '''will not''' be eligible for reimbursement of the cost of moving it and such person '''is not''' covered by the policy discussed in EPG 236.8.6.1(b) even though the personal property had not been removed by the party who purchased it at the time the department acquired the subject real property.)<br /> <br /> ::'''Actual Cost Option'''<br /> <br /> ::If the owners of personal property select an &quot;actual cost&quot; moving cost payment, then sell or otherwise dispose of any of the personal property involved to another party prior to the time it is removed from the subject parcel, they will not be entitled to reimbursement for the cost of moving the items that were sold or otherwise disposed of. The party who acquired the subject personal property may be eligible for a moving cost payment under the policy discussed in [[236.8 Relocation Assistance Program#236.8.6.1 Payment Eligibility|EPG 236.8.6.1(b)]]. (Contact the Right of Way Section if payment eligibility problems are encountered.) If a business, farm or nonprofit organization is involved, the original owner, who owned the items at the initiation of negotiations, '''may''' be eligible for a &quot;Tangible Property Loss&quot; payment relating to the items sold and/or disposed of [[236.8 Relocation Assistance Program#236.8.6.4 Tangible Property Losses|(EPG 236.8.6.4)]].<br /> <br /> ::Department policy specifically prohibits relocation moving cost payments for items that are sold to customers of a business, farm operation or nonprofit organization, as well as the cost of moving items that are sold to customers and delivered by the relocatee.<br /> <br /> ::Moving cost payments to businesses, farm operations and nonprofit organizations are intended to reimburse qualified relocatees for the actual reasonable cost of moving items of personal property '''owned by them''' from the subject property to the relocatee's remaining or replacement property and '''is not''' intended to make payments covering the removal of merchandise, stock, or trade items sold by the relocatee in the conduct of business, farm or nonprofit operation and carried away by or delivered to the customer/buyer.<br /> <br /> :'''NOTE''': District personnel '''shall''' be responsible for detecting major and/or obvious changes in the quantity of personal property involved, which will substantially affect the moving cost payment amount, and also for ensuring that the cost of moving items that were sold or otherwise disposed of are not included in the moving cost claim, if such costs are sufficient to substantially affect the amount of the moving cost payment. [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|(EPG 236.8.6.9(b), and (c)]], which require an inventory of personal property involved if a business, farm or nonprofit organization is involved.)<br /> <br /> ::'''(c) Subject Real Property Sold to Another Party'''<br /> <br /> ::If a property owner sells his/her real property which is needed as right of way to another party after initiation of negotiations, and not directly to the department, and as a result, vacates such property prior to the time possession is required by the department, he/she will not be entitled to a moving cost payment as the displacement will be necessitated due to the sale of the property and not due to the acquisition. (A variety of circumstances can be encountered when a property owner sells to another party; therefore, if questions arise concerning moving cost payment eligibility, provide all facts to the Right of Way Section and request an eligibility decision.)<br /> <br /> ::'''(d) Payment Assurance to Moving Firms'''<br /> <br /> ::It is possible that relocatees, whose moving cost payments are to be based on &quot;actual costs,&quot; may not be financially able to employ a moving firm and pay for their move prior to receiving a moving cost payment from the department. When this situation exists, it is possible that moving firms will be unwilling to conduct the move without assurance that they will receive payment. In such instances, one of the three following actions should be taken.<br /> <br /> :::1. Provide the relocatees a letter confirming the moving cost payment offer (based on the lowest moving cost bid or estimate received) which they can present to the moving firm as proof that they will receive a payment from the department that will enable them to pay the mover.<br /> <br /> :::2. The relocatees can request, in writing, that the district office forward the moving cost payment check to the moving firm in lieu of having it mailed directly to them. (The check would be made payable to the relocatees in the routine manner and no change would be made in any procedure, except that the check would be mailed to the mover.) This action will ensure the mover that he/she can be present when the check is cashed.<br /> <br /> :::3. The moving firm can be paid directly by the department for conducting the relocatee's move if the relocate and moving firm agree in writing that this course of action is acceptable. Under this procedure the relocatee's name will not appear on the check and the check will be forwarded directly to the moving firm. If this course of action is considered necessary, the district must prepare an agreement which specifies that the department will pay the designated moving firm a specified sum for moving the personal property of the relocatee from one location to another (use address or locations) '''and''' that both the relocatee and moving firm are agreeable to this payment procedure. The relocatee, the moving firm and the district engineer must sign the agreement. The moving firm will be reflected as payee on the claim and on the payment check.<br /> <br /> ::When this course of action is used, make the following notation on the back of the claim form: &quot;A properly executed agreement is on file in the district office authorizing direct payment to the moving firm.&quot;<br /> <br /> ::The relocatee may also claim incidental moving costs that were not included in the moving cost claim that was paid to the mover. The district must be sure that the claim covering incidental costs does not include any items that were included in the original moving cost claim. Insert the following notation on the back of the claim covering the incidental expenses: &quot;Routine moving costs are being paid directly to the moving firm as per written agreement on file in the district office. The incidental costs listed in this claim are not included in the payment being made to the mover.&quot;<br /> <br /> ::Actions numbered (2) and (3) are not to be used unless the move cannot be otherwise successfully completed, and the third action is not to be used unless and until the first two have been specifically rejected, and is not to be considered as desirable and/or routine procedure. (Actions numbered (1) and (2) can also be used when a payment based on the fixed-payment schedule is involved.<br /> <br /> ::'''(e) Two Bids or Estimates Not Available'''<br /> <br /> ::The procedures for accomplishing various types of moves, as discussed later in this section of the manual, normally require that the district obtain at least two moving cost bids or estimates.<br /> <br /> ::When two bids or estimates are required and it is only possible to get one bid, advise the Right of Way Section of the facts involved and ask for authority to proceed on the basis of the one available bid or estimate. If this is not feasible, recommend an alternate solution. ([[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(c)(1)]], also contains specific instructions covering situations when only one estimate can be obtained when a business, farm or nonprofit organization is conducting a self-move.) If no bids or estimates can be obtained, recommend an alternate solution to the Right of Way Section.<br /> <br /> ::[[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(b)(2), 236.8.6.9(c)(1), and (2)]], discuss procedures to be applied under different circumstances when moving cost bids and estimates are not available.<br /> <br /> ::'''(f) Overtime Charges'''<br /> <br /> ::Moving cost payments must be based on &quot;straight time&quot; rates and not on overtime rates except in cases where it is essential that the move be conducted during &quot;off duty&quot; hours. Prior approval from the Right of Way Section is required before a move involving overtime rates is approved.<br /> <br /> ::Owners can move during hours requiring overtime rates, without approval by the department, and absorb the additional costs. If this is done, the moving cost payment would be based on the lower of two &quot;straight time&quot; bids.<br /> <br /> ::'''(g) Advertising Signs and Signboards'''<br /> <br /> ::Outdoor advertising signs/billboards are considered to be real property and are paid for in the routine right of way payment as real estate. Therefore only portable on-premise signs will be eligible for moving costs under the Relocation Program.<br /> <br /> ===236.8.6.3 Incidental Moving Costs===<br /> <br /> '''(a) Incidental Costs Applicable to All Moves--Residential, Business, Farm and Nonprofit Organizations'''<br /> <br /> :'''(1) Storage'''<br /> <br /> :If the district determines that it is necessary for displaced persons to store their personal property, the actual cost of such storage, not to exceed twelve months can be included in their moving cost claim. The unit file must be documented to explain why such storage was necessary and to justify the amount of the storage charges. The cost of storing personal property on real property being acquired, or on other property owned or leased by the relocatee, is not eligible for payment under the Relocation Program. If the most practical solution is for the personal property involved to be temporarily stored in '''rented''' mobile storage units parked on the subject property, such as vans, trailers, etc., the reasonable cost of renting such units may, with concurrence from the Right of Way Section, be eligible for reimbursement.<br /> <br /> :Moving cost claims that include storage costs must be accompanied by a paid receipt showing the amount paid as storage costs, length of storage period, where the personal property was stored, and if applicable, a breakdown of the storage costs. Storage costs '''cannot''' be paid when residential moving cost payments are based on the &quot;Fixed-Payment Moving Cost Schedule,&quot; or when a fixed non-residential payment is made in lieu of moving costs.<br /> <br /> :Should the owners of personal property sell the personal property involved while it is in storage, their eligible storage cost period will terminate at the end of the month in which it is sold and neither they or the buyer shall be entitled to any payment covering the cost of moving such personal property from the storage area.<br /> <br /> :'''NOTE''': When storage is necessary, the department will normally pay the reasonable cost of moving the personal property to the storage site and at the end of the storage period to a place designated by the relocatee '''provided''' the combined distance of both moves, to and from storage, does not exceed 50 miles distance. If the move from storage occurs later than 60 days after the end of the referenced 12-month period, the department will not reimburse the relocatee for the cost of moving the personal property involved from the storage site. (Exceptions for good cause can be recommended to and approved by the Right of Way Section.)<br /> <br /> :A storage period in excess of 12 months can be approved, with concurrence from the Right of Way Section, if the district determines that a longer period is necessary.<br /> <br /> :'''(2) Insurance'''<br /> <br /> :The cost of insurance premiums covering loss and damage of personal property while in transit or storage can be included in a moving cost claim based on actual expenses but must not exceed the reasonable replacement value of the personal property involved.<br /> <br /> :Claims including insurance premiums must be supported by paid receipts showing the amount paid for the insurance and the amount of coverage involved.<br /> <br /> :'''(3) Losses in Moving'''<br /> <br /> :The reasonable replacement value of property lost, stolen or damaged (not caused by the fault or negligence of the displaced person, his agent or employee) in the process of moving is reimbursable, when insurance to cover such loss or damage was not reasonably available. (This payment is not authorized when residential moving cost payments are based on the fixed-payment schedule, or when the fixed-payment non-residential option is selected in lieu of moving costs.) The replacement value of damaged personal property will not be paid if the damaged item can be reasonably repaired.<br /> <br /> :Before any losses are paid by the department the district must make a thorough investigation, and document the files accordingly, to determine (1) that such losses were not caused by negligence, (2) that damaged items could not reasonably be repaired, and (3) that applicable insurance was not reasonably available to cover the move. Moving cost claims including losses as discussed herein must be accompanied by a narrative resume' from the relocatee advising what losses or damages were experienced and how they occurred, as well as supported statements concerning the values of the items involved.<br /> <br /> :'''(4) Packing and Crating'''<br /> <br /> :The reasonable costs of packing, crating, unpacking and uncrating personal property are reimbursable incidental moving costs.<br /> <br /> :'''(5) Other Moving Related Expenses'''<br /> <br /> :In addition to the specific incidental moving costs discussed in the preceding subparagraphs, eligible relocatees can be reimbursed for other moving related expenses (not listed as ineligible in [[236.8 Relocation Assistance Program#236.8.6.7 Ineligible Moving Expenses|EPG 236.8.6.7)]] that the district, with Right of Way Section concurrence, determines to be reasonable and necessary.<br /> <br /> :'''(6) Low Value/High Bulk'''<br /> <br /> :When the personal property to be moved is of low value and high bulk, and the cost of moving the property would be disproportionate to its value in the judgment of the department, the allowable moving cost payment shall not exceed the lesser of:<br /> <br /> ::1. The amount which would be received if the property were sold at the site or<br /> ::2. The replacement cost of a comparable quantity delivered to the new location.<br /> <br /> '''(b) Incidental Costs Applicable Only to Residential Moves'''<br /> <br /> ::'''(1) Removal and Reinstallation Expenses; Appliances and Other Residential Personal Property'''<br /> <br /> ::The reasonable costs of disconnecting, dismantling, removing, reassembling and reinstalling relocated household appliances, and other personal property are reimbursable.<br /> <br /> :'''NOTE''': When residential moves are involved, relocatees are expected to accomplish routine tasks necessary to reestablish their residences, such as hanging drapes, pictures, etc., without paid assistance or reimbursement. An exception can be made to this policy when elderly or disabled relocatees are involved who are not physically able to accomplish such tasks, in which case, reasonable payments made by the relocatees to other persons for such services can be reimbursed as an incidental moving cost payment. The cost of altering or modifying residential items of personal property, to adapt it to the replacement dwelling, cannot normally be included as a reimbursable incidental moving cost.)<br /> <br /> ::'''(2) Cost of Transportation, Meals and Temporary Lodging'''<br /> <br /> ::When a residential move is involved, except when the fixed-payment option is applied, the costs of transportation of individuals and families to the replacement location are eligible for reimbursement up to a distance of 50 miles. Such costs can be on a mileage basis, computed as one trip from the property acquired to the replacement property, or actual costs if commercial transportation is used. <br /> <br /> ::Transportation costs must be reasonable. If an automobile is used, only one trip (via the most direct route), is eligible for mileage reimbursement. Exception to this one trip policy would be made if the size of the family involved necessitates an additional trip or the use of more than one automobile. The per mile reimbursement rate shall be the rate allowed by the Internal Revenue Service.<br /> <br /> ::The allowable rate for a given year may be obtained from the district Financial Services Department.<br /> <br /> :'''NOTE''': Make sure that the rate given is the actual IRS allowable rate rather than the allowable rate for reimbursement to MoDOT employees for use of their personal vehicles in conducting department business.<br /> <br /> ::Transportation costs can include special services such as the cost of an ambulance to transport invalid relocatees up to a distance of 50 miles.<br /> <br /> ::The actual reasonable costs of meals and lodging can be paid '''if''' it is '''necessary''' for the relocatees to &quot;eat out&quot; or spend a night in a motel or hotel because of the move. Meals &quot;eaten out&quot; and time spent in a motel or hotel merely for the convenience of the relocatee are '''not''' eligible for reimbursement. Meals &quot;eaten out&quot; during the time the relocatee's kitchen appliances and/or utilities are disconnected and overnight commercial lodging during the time the relocatee's bedroom furniture is not available at either location shall be considered reasonable. Lodging costs must not exceed routine rates charged in the area and meals must not exceed the per diem rates as identified at [http://oa.mo.gov/accounting/state-employees/travel-portal-information/state-meals-diem Office of Administration – State Meals Per Diem]. Receipts will be required to prove that such expenditures were made and the actual costs involved.<br /> <br /> ::When the actual move exceeds 50 miles, transportation costs as discussed herein shall be prorated and those applicable to a 50-mile move may be reimbursed. If an exception was made to the 50-mile payment limitation under the procedure authorized in [[236.8 Relocation Assistance Program#236.8.6.2 General Moving Cost Policies|EPG 236.8.6.2(b)]], it will also apply to the transportation costs discussed in this section.<br /> <br /> ::The temporary lodging provisions are not to be used to house relocatees while other quarters are being acquired or constructed, as comparable replacement housing must be available for occupancy prior to the time the relocatee is required to move.<br /> <br /> ::'''(3) Nonreturnable Mobile Home Park Entrance Fee'''<br /> <br /> ::Nonreturnable mobile home park entrance fees at the replacement site are reimbursable as incidental moving costs. Reimbursement for such fees cannot exceed the entrance fee charged by the selected comparable replacement mobile home park on which the relocatee's RHP was based.<br /> <br /> ::Also see [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(e)(1)]], which explains a circumstance under which mobile home sales tax can be paid as an incidental moving cost.<br /> <br /> '''(c) Incidental Costs Applicable Only to Business, Farm and Nonprofit Organization Moves'''<br /> <br /> :'''(1) Removal and Reinstallation Expenses--Machinery, Equipment and Other Personal Property'''<br /> <br /> :The reasonable costs of disconnecting, dismantling, removing, reassembling and reinstalling machinery, equipment and other personal property can normally be included in moving cost payments that are based on actual moving expenses.<br /> <br /> :The reasonable costs of making modifications in the '''personal''' property as necessary to adapt it to the replacement structure, replacement site, or to the utilities at the replacement site, are reimbursable incidental moving costs. The cost of modifications necessary to adapt the utilities at the replacement site to serve the personal property are also reimbursable. <br /> <br /> :Furthermore, the cost of extending utilities to the replacement site, for example, from the right of way to the replacement building or improvement, are reimbursable. <br /> <br /> :The costs of making modifications in, or physical changes to, the real property at the replacement location are also '''not''' reimbursable except as provided for in [[236.8 Relocation Assistance Program#236.8.6.6 Reestablishment Expense|EPG 236.8.6.6(a)(2)]].<br /> <br /> :If removal and reinstallation costs, not included in routine moving cost bids or estimates, are expected to exceed $1,000, the district must obtain two bids or estimates covering the removal and reinstallation costs. Reimbursement for this expenditure cannot exceed the lesser of the bids or estimates.<br /> <br /> :When compensable removal and reinstallation expenses are not included in the commercial mover's bill, the relocatee must attach paid receipts to his/her moving cost claim showing the separate costs related to each item involved. If such costs are included in the mover's bill, they must be itemized on the receipt in a manner that they can be identified.<br /> <br /> :'''(2) Licenses and Permits'''<br /> <br /> :The cost of any license, permit or certification required of the displaced person at the replacement location is reimbursable; however, the payment will be limited to the prorated cost applicable to the unexpired term of any existing license, permit or certification in effect at the displacement property.<br /> <br /> :'''(3) Professional Services'''<br /> <br /> :The reasonable costs of professional services '''necessary''' for (a) planning the move of personal property, (b) moving the personal property, or (c) installing the relocated personal property at the replacement site, are reimbursable.<br /> <br /> :Reasonable &quot;out-of-pocket&quot; fees paid to consultants for preparing inventories of personal property as required in [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9]], are normally reimbursable.<br /> <br /> :Relocatees should be encouraged to submit proposals for obtaining professional services, including the anticipated costs, to the district for prior approval.<br /> <br /> :'''(4) Re-lettering Signs, Replacement of Stationery and Notices of New Location'''<br /> <br /> :Actual reasonable cost of re-lettering signs and replacing stationery on hand at the time of displacement that is made obsolete as a result of the move are reimbursable.<br /> <br /> :The actual and reasonable costs of printing and mailing, or of publishing notices advising customers and others who need to know of the new location of a relocated business, farm operation or nonprofit organization are reimbursable. A pre-determined maximum expenditure should be agreed upon between the district and relocatee for this item of cost before a payment commitment is made.<br /> <br /> :'''(5) Search for Replacement Site'''<br /> <br /> :The owner of a displaced business, farm operation or nonprofit organization can be reimbursed for the actual reasonable '''and documented''' expenses incurred in searching for a suitable replacement property, not to exceed $2,500.<br /> <br /> :Applicable expenses can include:<br /> <br /> ::1. transportation--based on actual fees charged for commercial transportation or allowable IRS mileage rate when a private auto is used,<br /> <br /> ::2. meals away from home--not to exceed the per diem rates identified at [http://oa.mo.gov/accounting/state-employees/travel-portal-information/state-meals-diem Office of Administration – State Meals Per Diem], <br /> <br /> ::3. lodging away from home--not to exceed standard rates charged by motels or hotels in the area,<br /> <br /> ::4. the value of time actually spent in the search, based on the applicable and reasonable salary or earnings of the person(s) making the search. A statement of the time and hourly (or daily) wage rate must accompany the claim, and<br /> <br /> ::5. fees paid to a real estate agent, broker or other consultant to locate a replacement property, exclusive of any fees or commissions related to the purchase of such site.<br /> <br /> ::6. time spent in obtaining permits and attending zoning hearings<br /> <br /> ::7. time spent negotiating the purchase of a replacement site based on a reasonable salary or earnings.<br /> <br /> :All expenses claimed (except value of time spent in the search) must be supported by receipt bills.<br /> <br /> :Otherwise, eligible search costs incurred prior to the initiation of negotiations are reimbursable '''if''' (1) they were incurred due to reasonable anticipation of the property being acquired for a highway project, and (2) the relocatee becomes eligible for a moving cost payment.<br /> <br /> :'''(6) Costs of Attempting to Sell Personal Property'''<br /> <br /> :The reasonable cost incurred in attempting to sell an item of personal property that is not to be relocated is reimbursable.<br /> <br /> :'''(7) Purchase of Substitute Personal Property'''<br /> <br /> :If an item of personal property, which is used as part of a business, nonprofit organization or farm operation, is not moved but is promptly replaced with a substitute item that performs a comparable function at the replacement site, the relocatee is entitled to payment of the '''lesser''' of:<br /> <br /> ::(a) the cost of the substitute item, including installation costs at the replacement site, minus any proceeds from the sale or trade-in of the replaced item, or<br /> <br /> ::(b) the estimated cost of moving and reinstalling the replaced item, based on the lowest acceptable bid or estimate for relocating the item including incidental costs, but excluding any allowance for storage. (One bid or estimate is acceptable in determining the estimated cost of relocating an item when a low cost and/or uncomplicated move is involved.)<br /> <br /> :This procedure should be recommended to relocatees when it will cost more to move an item than to replace it in kind or with a suitable substitute at the replacement site. (If the relocatee insists upon moving the item, request procedural advice from the Right of Way Section.)<br /> <br /> :If a situation is encountered where the cost of moving an item that cannot be replaced or suitably substituted is substantially more than its value, provide all facts to the Right of Way Section and request procedural instructions prior to making a commitment to the relocatee. Facts submitted must clarify the importance and/or necessity of the item in carrying out the relocatee's business, farm or nonprofit operation.<br /> <br /> ===236.8.6.4 Tangible Property Losses===<br /> <br /> The owners of displaced businesses, farm operations or nonprofit organizations (either partial or complete displacement), who are eligible for a moving cost payment, can elect not to move some, or all, of their personal property and be reimbursed for the monetary loss they will experience by not moving such items '''provided''':<br /> <br /> :1. that such loss does not exceed the estimated cost of moving the item(s) involved, and<br /> <br /> :2. the relocatee made a bona fide effort to sell the items involved '''unless''' the district determines that such effort is not necessary (items &quot;traded-in&quot; on replacements will be considered as having been sold).<br /> <br /> Relocatees should not be excused from the requirement in 2 above unless it is rather obvious that the item(s) involved have no resale value. (When the district determines that an effort to sell is not necessary, the unit file must be documented to justify the decision.)<br /> <br /> The fact that relocatees claim tangible property losses for some of the items involved has no effect on their moving cost claim covering other items that were relocated. The district must be very sure, however, that the cost of moving items included as a tangible loss are not also included in a moving cost claim. (Items for which tangible property losses are paid must not be included in moving cost inventories, bids and estimates or moving cost agreements.)<br /> <br /> The tangible property loss payment will be the lesser of:<br /> <br /> :1. the depreciated in-place value of the item, less the proceeds from its sale, or<br /> <br /> :2. the estimated cost of moving the item including disassembling and reassembling, but with '''no''' allowance for storage, or <br /> <br /> :3. for reconnecting a piece of equipment, if the equipment is in storage or not being used at the acquired site.<br /> <br /> The term &quot;depreciated in-place value&quot; is synonymous with &quot;fair market value of the item for continued use at the displacement site.&quot;<br /> <br /> Items &quot;traded-in&quot; on replacements will be considered as having been sold.<br /> <br /> When payment for property loss is claimed for goods held for sale, the in-place value will be based on the cost of the goods to the relocatee, not on its potential selling price.<br /> <br /> The following procedure is applicable when eligible displacees desire to claim tangible property losses:<br /> <br /> '''Step One''': Ask the relocatee to prepare a statement showing the depreciated in-place value of each item involved. (The statement must explain and support the assigned in-place values.) If the district disagrees with the depreciated values shown in the statement, it should obtain its own value estimates for use in determining the property loss payment.<br /> <br /> In addition, the statement must show the proceeds from the sale of each item and the resulting net property loss assigned to each item. (The proceeds from the sale or, if applicable, the trade-in value allowance in the purchase of a substitute item, must be documented.)<br /> <br /> '''Step Two''': Prepare or obtain an estimate of the cost of moving the items involved to the replacement site, normally not to exceed 50 miles distance. (If the operation is discontinued, the moving cost estimate will be based on a moving distance of 50 miles.)<br /> <br /> '''Step Three''': Determine which is lesser, the net losses determined in step one or the moving cost estimate obtained in step two. The relocatee will be entitled to the lesser amount as a tangible property loss payment.<br /> <br /> Copies of the relocatee's statement and moving cost estimate should be attached to the file copy of the moving cost claim.<br /> <br /> Note that the relocatee's costs in selling the items involved can be included in the moving cost claim as an incidental moving cost; therefore, such costs are not considered in determining the tangible property loss payment.<br /> <br /> A space is provided on the moving cost claim form for claiming tangible property losses.<br /> <br /> ===236.8.6.5 Junkyards===<br /> <br /> Before paying for moving a junkyard, the district must determine that it is a legal operation. If it is not a legal operation, the owner will not be eligible for a moving payment. To obtain a determination concerning the legal status of each junkyard encountered, contact the Outdoor Advertising Manager, and provide answers to the following questions. <br /> <br /> :(a) Is the junkyard owner also the owner of the real estate on which it is located? If so, when did they purchase the real property? If rented, when did they occupy it?<br /> <br /> :(b) Was the junkyard established before or after the real property was purchased or, if applicable, rented?<br /> <br /> :(c) How far is the junkyard from the nearest highway and the type highway involved?<br /> <br /> :(d) Is it visible from the highway, and if not, why not?<br /> <br /> :(e) Is the junkyard properly licensed?<br /> <br /> :(f) Is it located within a city limits? If so, which city?<br /> <br /> It is also necessary, before a moving cost payment can be made for relocating a junkyard, that it be relocated on a legal site and in a legal manner. (If doubt exists concerning its legality after the move, the Outdoor Advertising Manager should again be contacted for a decision.)<br /> <br /> If a junkyard was a legal operation prior to the highway acquisition, and if it is reestablished as a legal operation after the move, and if the owner is otherwise eligible, the department will pay a business moving cost claim in the same manner as any other business.<br /> <br /> Eligible junkyard owners can also be reimbursed for the cost of moving the personal property (scrap) to a disposal site or recycling center where scrap is sold and '''physically destroyed'''. (Under no circumstances, however, can the owner become eligible for a moving cost payment if the personal property is sold and/or delivered to any person, company or firm who will retain or resell it as scrap.)<br /> <br /> Even though a junkyard is illegal, and as a consequence a routine moving cost payment cannot be made, the owner can still normally be paid for moving tools and equipment, other than junked car bodies, such as welding apparatus, hoists, air compressors, lathes, etc. Under this condition, he/she can also normally be paid for moving automotive or machinery parts that have been removed from disabled vehicles or equipment and placed in stock for sale. The portion for which the department will not pay moving costs, when the operation is illegal, normally relates to junked car bodies and parts.<br /> <br /> ===236.8.6.6 Reestablishment Expense===<br /> <br /> In addition to the moving payments previously described, a small business, as defined in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(1)]], farm, or nonprofit organization may be eligible to receive a reestablishment payment not to exceed $25,000. This payment is for expenses actually incurred in relocation and reestablishment at a replacement site and does not apply to part-time businesses in the home that do not contribute materially to the household income as defined in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(o)]]. Utilize [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocation%20Business%20Reestablishment%20Cost%20Agreement%20Form%20236.8.6.6.pdf RA Form 236.8.6.6] (Relocation Business Reestablishment Cost Agreement) when advance payments are a necessity.<br /> <br /> '''(a) Eligible Expenses'''<br /> <br /> Reestablishment expenses must be reasonable and necessary, as determined by the department. They may include, but are not limited to the following:<br /> <br /> :(1) Repairs or improvements to the replacement real property as required by federal, state or local law, code or ordinance.<br /> <br /> :(2) Modifications to the replacement property to accommodate the operation or make the replacement structures suitable for conducting the operation.<br /> <br /> :(3) Construction and installation costs for exterior signing to advertise the operation. If the relocatees were paid for a sign at the displacement site, their eligibility will be limited to the difference between what they were paid for the sign and the amount necessary to replace it with a comparable sign. Relocation agents should obtain the amount paid for the sign from the [[media:Form 236 6.6.6.doc|Form 236.6.6.6]]. Salvage value should be included as part of the replacement cost.<br /> <br /> :(4) Provisions for utilities from the right of way to improvements on the replacement site.<br /> <br /> :(5) Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling or carpeting.<br /> <br /> :(6) Feasibility surveys, soil testing and marketing studies, excluding any fees or commissions directly related to the purchase or lease of such site.<br /> <br /> :(7) Estimated increased costs of operation during the first two years at the replacement site for such items as:<br /> <br /> ::a. lease or rental charges,<br /> <br /> ::b. personal or real property taxes,<br /> <br /> ::c. insurance premiums, and<br /> <br /> ::d. utility charges, excluding impact fees.<br /> <br /> The relocation agent must verify that replacement sites were not available which would allow the operation to relocate without increased operating costs. The unit file must contain documentation of this verification.<br /> <br /> :(8) Impact fees or one-time assessments for anticipated heavy utility usage.<br /> <br /> :(9) Other items that the department considers essential to the reestablishment of the operation.<br /> <br /> In no event can the total reestablishment cost exceed $25,000.<br /> <br /> '''(b) Ineligible Expenses'''<br /> <br /> The following is a nonexclusive listing of reestablishment expenses not considered to be reasonable, necessary or otherwise eligible.<br /> <br /> ::(1) Purchase of capital assets, such as office furniture, filing cabinets, machinery or trade fixtures.<br /> <br /> ::(2) Purchase of manufacturing materials, production supplies, product inventory, or other items used in the normal course of the operation.<br /> <br /> ::(3) Interior or exterior refurbishment at the replacement site which are for aesthetic purposes, except as allowed in paragraph (a)(5) above.<br /> <br /> ::(4) Interest on money borrowed to make the move or purchase the replacement property.<br /> <br /> ::(5) Payment to a part-time business in the home which does not contribute materially to the household income.<br /> <br /> ===236.8.6.7 Ineligible Moving Expenses===<br /> <br /> The following expenses are not eligible for reimbursement and/or payment under the Relocation Program and must not be included in moving cost claims:<br /> <br /> :1. The cost of moving structures, improvements or other real property in which the displaced person reserved ownership.<br /> <br /> :2. Interest on a loan to cover moving expenses.<br /> <br /> :3. Loss of goodwill.<br /> <br /> :4. Loss of profits.<br /> <br /> :5. Loss of trained employees.<br /> <br /> :6. Any additional operating expenses of a business, farm or nonprofit organization incurred because of operating in a new location except as provided for in [[236.8 Relocation Assistance Program#236.8.6.6 Reestablishment Expense|EPG 236.8.6.6(a)(7)]].<br /> <br /> :7. Personal injury.<br /> <br /> :8. The cost of preparing the application for moving and related expenses.<br /> <br /> :9. Any legal fee for representing the relocatee in relocation matters, including appeals.<br /> <br /> :10. Expenses for searching for a replacement dwelling.<br /> <br /> :11. Physical changes to the real property at the replacement location of a business, farm or nonprofit organization except as provided for in [[236.8 Relocation Assistance Program#236.8.6.6 Reestablishment Expense|EPG 236.8.6.6(a)(1)(2)(3)(4) and (5)]].<br /> <br /> :12. Costs for storage of personal property on real property owned or leased by the displaced person except as provided for in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(a)(l)]].<br /> <br /> :13 Costs incurred to comply with OSHA, federal, state or local requirements except as provided for under [[236.8 Relocation Assistance Program#236.8.6.6 Reestablishment Expense|EPG 236.8.6.6(a)(1)]].<br /> <br /> :14. Refundable security and utility deposits.<br /> <br /> ===236.8.6.8 Residential Moving Cost Payments===<br /> <br /> '''(a) Definition of Residential Moving Costs'''<br /> <br /> Residential moving cost payments discussed in this paragraph relate to all personal property generally classified as household goods, furniture, appliances and any other items used in the establishment and maintenance of a home and is not used in the operation of a business, farm or nonprofit organization. Propane gas tanks owned '''by the gas company''' (not treated as structures owned by others in the appraisal) are normally moved under the procedure approved for partial displacement business moves as discussed later in this section.<br /> <br /> '''(b) Residential Moving Cost Payments; General'''<br /> <br /> Relocated individuals or families can be paid the actual, reasonable cost of a residential move accomplished either by a commercial mover of their choice or by themselves as a &quot;self-move,&quot; or they can elect to receive a predetermined amount based on the department's &quot;Fixed-Payment Moving Cost Schedule.&quot; Each of these three options will be discussed in the following paragraphs.<br /> <br /> In order to obtain a moving cost payment, a displaced owner must file a written claim with the district office, on a claim form provided by the department, within eighteen months after the later of the following dates:<br /> <br /> :(1) the date of displacement, which is the date that the move is completed, or<br /> <br /> :(2) the date of final payment for the displacement dwelling, including condemnation awards.<br /> <br /> Tenants must submit their claims within 18 months after the above-defined date of displacement.<br /> <br /> Moving cost payments cannot be made to relocatees until after the move has actually been conducted unless due to severe hardship when an advance payment was authorized.<br /> <br /> It is the district's responsibility to ascertain that amounts claimed as moving costs are reasonable and that receipts, statements and other documentation are both applicable and adequate. Required documentation '''must''' be retained in the district unit file. Claim forms submitted to the Right of Way Section for payrolling need not be accompanied by these supporting documents.<br /> <br /> '''NOTE''': The department will not normally reimburse relocatees for payments to separate movers (a) different mover than the firm which conducts their routine move) for moving works of art, paintings and other specialty items '''unless''' (1) the mover who conducts the routine move is unwilling to move such items, (2) the mover is not considered capable, or (3) the mover is not adequately insured to cover the items involved.<br /> <br /> '''(c) Fixed-Payment Moving Cost Schedule'''<br /> <br /> Individuals and families, who are displaced from their dwelling, or from a seasonal residence, can elect to receive a moving cost payment based on the department's &quot;Fixed-Payment Moving Cost Schedule.&quot; When a partial residential move is involved and the relocatee (occupant or non-occupant) elects to conduct a self-move based on the fixed-rate schedule, a flat rate of $100 per room or equivalent will be used not to exceed $1,000. (See [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Fixed%20Payment%20Moving%20Cost%20Claim%20Form%20236.8.6.8.D.pdf RA Form 236.8.6.8(d)]. Enter the total number of rooms in the first blank of no. 1. The second space will be the number of rooms times $100.)<br /> <br /> Succeeding owners of a deceased relocatee's personal property who did not also occupy the subject dwelling, and who therefore were not themselves displaced by the acquisition, are not eligible for a &quot;fixed-payment&quot; moving cost payment based on $100 per room not to exceed $1,000. <br /> <br /> The fixed-payment schedule is intended to be sufficient to cover a relocatee's entire moving expenses and when a moving cost payment is based on this option, no other incidental moving cost payments will be made.<br /> <br /> The approved fixed-payment schedule is displayed as [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Fixed%20Payment%20Moving%20Cost%20Schedule%20Form%20236.8.6.8.C.pdf Form 236.8.6.8(c)], at the end of this section. The following is an explanation of the schedule, which covers three types of occupants. [[236.8 Relocation Assistance Program#236.8.6.2 General Moving Cost Policies|(EPG 236.8.6.2(d)]], if two families occupy the same single-family dwelling unit.)<br /> <br /> '''Schedule A''': This covers situations in which a relocatee occupies and provides the furnishings for a dwelling unit. The following interpretations of the schedule are applicable.<br /> <br /> :(1) That an attic, basement, enclosed porch, separate shed or other similar-type storage areas can qualify as a compensable room, provided that such area contains furniture, appliances and/or other personal property reasonably equivalent to a routine furnished room. (Bathrooms, hallways and closets do not qualify and must not be counted as separate rooms.) NOTE: If the amount of personal property in a room or space actually contains more than the normal contents, the room count can be increased accordingly.<br /> <br /> :(2) That owner-occupants of mobile homes which are classified as '''real property''' shall be paid under this subschedule for moving their furnishings in the same manner as owner-occupants of conventional dwellings, based on the number of rooms in the subject mobile home.<br /> <br /> '''NOTE''': If an owner retains salvage rights to a mobile home and moves it to a new location, he/she would be entitled to a moving cost payment under the fixed-payment schedule for moving his/her furnishings even though the furnishings were not removed from the unit at the time it was relocated. (If the furnishings were necessarily removed from the unit and moved separately, the relocatee could elect to receive payment based on the actual cost of moving the '''furnishings'''. If the furnishings were not removed, the payment would, of necessity, be based on the fixed schedule.) Under no circumstances could the owner be paid for moving a mobile home that was acquired by the department as part of the real property. (Also see [[236.8 Relocation Assistance Program#236.8.6.2 General Moving Cost Policies|EPG 236.8.6.2(c)]], that provides compatible instructions relating to owners who retain and move their conventional dwellings.)<br /> <br /> :(3) If mobile home tenants own the furnishings within the unit, they shall be paid under this subschedule as any other tenants of conventional units who provides their own furnishings. Be very sure that each room in the mobile home contains enough detached (movable) furnishings to make it eligible to qualify as a compensable furnished room under the schedule. If some rooms are considered to be ineligible to qualify as a furnished room due to being sparsely furnished, it is proper to combine two or more of such rooms to qualify as one compensable furnished room.<br /> <br /> :(4) The number of &quot;eligible rooms&quot; on which the fixed-payment amount is based will be established by the relocation agent who is assigned to the unit at the initiation of negotiations and '''must''' be compatible with the number of rooms reflected in the Relocation Agent's Report, [http://eprojects/Templates/RW/Chapter%208_Relocation/Relocation%20Report%20Form%20236.8.5.4.pdf RA Form 236.8.5.4]. If the number of rooms shown in the applicable Relocation Agent's Report differs from the number shown in the Relocatee Needs Questionnaire, the &quot;difference&quot; must be explained under &quot;Comments&quot; on the Relocation Agent's Report.<br /> <br /> '''NOTE''': If an eligible relocatee who selects the fixed-payment moving cost option is also conducting a business operation '''in the home''', which does not qualify for a fixed-payment non-residential moving payment, it shall be considered to include the cost of moving '''all''' personal property located therein, both residential and business, and no other moving cost payment relating to the expenses of relocating such items will be authorized. (Should a fixed-payment non-residential moving payment be involved, or a separate business move, be very sure that the personal property related to the business is not considered when determining the number of eligible rooms that are to be included in the schedule payment.)<br /> <br /> If a business operation, as discussed in the preceding paragraph, is being conducted on the residential property (&quot;residential property&quot; relates to the land on which the dwelling is located and normal in size for a residential building lot in the area), but is in a '''separate building''' than the residence, the relocatee shall be permitted to select the fixed-payment option for the residential move and a separate business move (actual costs) covering the personal property used in relation to the business. Be sure that there is no duplication of payment involved. (Also see [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8]](g)).<br /> <br /> Personal property that is merely stored in sheds and &quot;outbuildings&quot; located on the residential property (no business operation involved) shall be included in the fixed moving cost payments, if such option is selected by the owner, regardless of the type of items involved and no separate moving cost payment shall be authorized.<br /> <br /> When a right of way acquisition includes an occupied residence located on a parcel larger in size than a normal building lot in the area, including those located on farms, the qualified owner shall be permitted to select the fixed-payment option for the residential move and also claim the actual cost of moving any items of personal property located on such &quot;extra land.&quot;<br /> <br /> '''Schedule B''': This applies to occupants when the furnishings in a dwelling unit are owned by someone other than its occupant, normally by the landlord in &quot;furnished units.&quot; (&quot;Sleeping rooms&quot; would normally fall within this category.)<br /> <br /> The occupants of mobile homes who do not own the unit or its furnishings shall be paid by use of this subschedule as any other occupant of a conventional furnished dwelling unit based on the number of rooms in the subject mobile home. The owner of the furnishings cannot be paid a fixed-schedule payment, but could normally qualify for a moving payment based on actual costs.<br /> <br /> Mobile home owners and tenants who occupy and leave their furnishings in a mobile home during the time it is being moved, and continue to occupy it after it is relocated, are not entitled to a fixed-payment. (The owner will be paid for moving the mobile home on an actual cost basis.)<br /> <br /> '''(d) Claim Form; Fixed-Payment Moving Cost Payment ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Fixed%20Payment%20Moving%20Cost%20Schedule%20Form%20236.8.6.8.C.pdf RA Form 236.8.6.8(c)])'''<br /> <br /> '''NOTE''': Several of the instructions discussed in this subparagraph, as noted, apply to all claim forms used in carrying out the Relocation Program and will not be repeated when other claim forms are discussed later in this manual.<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Fixed%20Payment%20Moving%20Cost%20Claim%20Form%20236.8.6.8.D.pdf RA Claim Form 236.8.6.8(d)], has been developed for the use by relocatees in claiming moving cost payments which are based on the &quot;Fixed-Payment Moving Cost Schedule.&quot; This form must be used in making claims of this type.<br /> <br /> The following general statements apply to '''all''' relocation claim forms.<br /> <br /> :(1) The claim form is to be completed by the relocatee (with the relocation agent's assistance if requested). <br /> <br /> :(2) The original claim form is to be signed. If a married couple is involved, both spouses must sign the claim. If the head of a household is single, or legally separated, his or her signature is adequate. If individuals are involved, no head of household, each person who is entitled to a share of the payment must sign the claim.<br /> <br /> A minor who is entitled to a relocation payment can sign his/her claim form. If a guardian has been appointed for the minor, the guardian should also sign the claim. In cases where infants or young children are involved, a guardian should always sign the claim on the child's behalf and the minor would not, of course, be required to do so.<br /> <br /> Guardians who execute claims should specifically sign as such by signing their name and writing immediately thereafter &quot;guardian for minor(s) '''(minor'(s)' name(s))'''&quot;.<br /> <br /> When cities or political subdivisions are involved, the claim is to be signed by the mayor or other applicable principal executive officer. Business and nonprofit organization claims are to be executed by the president or other principal officer of the firm or organization.<br /> <br /> :(3) When individuals are involved, the persons to whom the check is to be made payable should be the same as those who signed the claim (see [[236.8 Relocation Assistance Program#236.8.12 Relocation Assistance Program - Down Payment Assistance|EPG 236.8.12.4(b)]], concerning payee when down payment escrow agreement is used). In cases where both a minor and his/her guardian sign a claim list '''both''' as &quot;payees,&quot; in the following manner: &quot;('''minor's name''') and ('''guardian's name''') guardian for minor ('''minor's name''').&quot; If only the guardian signs the claim, omit the minor's name and reflect the guardian's name in the same manner as set out above, to wit: &quot;('''guardian's name''') guardian for minor ('''minor's name''').&quot; (If more than one minor is involved, list all of their names in the appropriate spaces.)<br /> <br /> Claims from businesses and organizations are normally signed as &quot;('''name of business''') by ('''individual'''), ('''title of individual''')&quot;, for example, &quot;Jones Construction Co. by John Jones, President.&quot; In this case, the check should be made payable to &quot;Jones Construction Co.&quot; An exception would exist when the operation is being conducted under a fictitious name, in which case, the name of the individual must also be included on the check in the same manner as it appeared in the claim signature. Claims from operations being conducted under a fictitious name will normally be signed in the following manner &quot;John Jones doing business as Jones Construction Company.&quot;<br /> <br /> The amount to be shown on the first line on the back of the form must be the same as the amount claimed and set out in the relocatee's certification on the front of the claim and the amount reflected in the certification on the back of the form.<br /> <br /> As noted, the next section on the back of the form is to be completed by the district and division accounting units. The balance of the reverse side of the form must be completed by the Relocation Section.<br /> <br /> :(4) Claims will not be processed for payment unless the check list &quot;boxes&quot; on the back of the form are checked, or an explanation is provided in &quot;Comments&quot; to justify a negative answer of &quot;unchecked&quot; box. Claims received in the Financial Services Division office that have not been completely filled out will be returned to the district for correction. (All spaces should be filled out or, if applicable, marked &quot;N/A&quot;.)<br /> <br /> :(5) If the claim is approved as submitted by the claimant, the amount so approved should be inserted in the space provided on the first line of the section provided for the district's certification.<br /> <br /> The district's certification, which covers three specific points, must be signed by the person assigned the responsibility of carrying out the Relocation Program in that district. In the absence of the individual authorized to sign such certificates (during vacation and sick leave), they may be executed by the district Right of Way Manager. (If someone else is designated to check the detailed items set out on the back of claim forms, such as &quot;Mathematical Computations Checked and Found Correct,&quot; etc., it is recommended that his/her, initials also appear on the back of the form.)<br /> <br /> :(6) If the claim is not approved, the reasons for its rejection must be set out in the last section of the form or, if necessary, on an attached sheet. This section must be signed by the same person authorized to sign certificates as discussed above, and also by the district Right of Way Manager to show that he or she agrees that claim rejection is necessary under the circumstances involved.<br /> <br /> Should the district Right of Way Manager desire to approve and submit for payment a claim which the person responsible for relocation, does not agree with, he/she must sign in the first signature space provided and the district engineer must co-sign in the space provided for concurrence. <br /> <br /> Detailed instructions concerning this particular claim form are as follows:<br /> <br /> The heading is considered self-explanatory.<br /> <br /> The term &quot;conventional&quot; used in the first line of the first section should be interpreted to mean any dwelling unit other than a mobile home. The space provided to show if &quot;two or more families&quot; are involved relates to situations where two heads of household are occupying the same unit. (If so, see [[236.8 Relocation Assistance Program#236.8.6.2 General Moving Cost Policies|EPG 236.8.6.2(d)]]) The space provided to show &quot;two or more individuals&quot; should be used when two or more individuals, with no identifiable head of household, occupy the same dwelling unit. Normally only one payment will be made and the amount thereof will not be changed or affected if such individuals move to separate replacement units. (See Exception in [[236.8 Relocation Assistance Program#236.8.6.2 General Moving Cost Policies|EPG 236.8.6.2(d)(2)(a)]]. In the second section show the addresses and dates as required. If a new house was constructed on the relocatee's remaining property, or other land he/she owned, check only the space entitled &quot;New House Construction.&quot; If he/she purchased a site and built a new house thereon, check this space and also the space entitled &quot;Purchased.&quot; The last line in this section refers to the subject replacement unit. (Did the department assist the relocatee in finding this particular replacement unit?)<br /> <br /> The third section that shows the payment computation, as well as the balance of the front of the form, is considered to be self-explanatory.<br /> <br /> Claims processed before the relocatee's new address and phone number are known, and before the occupancy date can be established, must be marked in the appropriate spaces on the form, &quot;Move Not Completed To Date.&quot; The district '''must''' obtain this information after the move is completed and document the files accordingly.<br /> <br /> '''(e) Residential Move by Commercial Mover; General'''<br /> <br /> Moves in this category include all situations where eligible relocatees employ and pay someone (normally a moving company or trucking firm) to move their personal property from the unit acquired by the department to replacement unit and claim reimbursement from the department for their actual and reasonable expenses. Normally applicable incidental moving expenses paid by such relocatee, as previously discussed under [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3]], are available for reimbursement under this moving payment option. (Partial displacements are discussed under a separate heading later in this section.)<br /> <br /> '''Step One''': The '''district''' must obtain at least two lump sum moving cost bids (in duplicate) from commercial movers who are qualified to conduct the relocatee's move. Each bid must reflect the total amount that will be charged for conducting the move.<br /> <br /> The relocatee must be given a reasonable opportunity to help select the two moving firms who will be asked to bid on his/her move. This can be accomplished by assembling a list of all certified moving companies in the area which are acceptable to the department. In rural and out-of-state areas, which are not readily served by certified movers, it is permissible to include the names of other local trucking companies who are equipped and capable of conducting the move.<br /> <br /> '''NOTE''': The Department of Economic Development, P. O. Box 1216, Jefferson City, Missouri 65102, maintains an approved list of certified movers.<br /> <br /> The reasonable preference of the relocatee should be honored; however, the district is not permitted to accept unreasonable requests which would not reflect good business practices, or which involve moving firms not acceptable to the department. If it is not reasonably possible to agree with the relocatee, the district has authority to carefully select qualified movers and to proceed without the relocatee's concurrence.<br /> <br /> Bids should not normally be obtained until after the relocatee has selected his/her replacement property so that the actual mileage involved will be considered. (See [[236.8 Relocation Assistance Program#236.8.1.14 Rental of Department-Owned Property|EPG 236.8.1.14(d)(l)]], if the relocatee is permitted to continue in occupancy after the end of the normal 90-Day possession period under an extension of possession agreement.)<br /> <br /> The department will not normally pay for bids in this situation as commercial movers will be bidding on an actual job, and if successful, will normally be employed by the relocatee to conduct the move; however, when unusual conditions warrant, reasonable payments can be made for the bids.<br /> <br /> Both bids must be on the same basis; for example, both bidders should include or exclude utility disconnections and reconnections. When requesting bids, always specify the exact services that are to be performed by the bidder. If bids are received which are not based on the same services to be performed, they must be revised by the bidder until they are based on compatible services. (If the district has reason to believe that the lowest of the two bids are not reasonable, they should obtain an additional bid from another commercial mover.)<br /> <br /> Copies of all bids must be retained in the unit file.<br /> <br /> Arrangements for making the move are the responsibility of the relocatee. The department will not contact or employ the mover on behalf of the relocatee and will not supervise the move except under unusual circumstances and then only after specific approval is granted by the Right of Way Section. Approval will not be granted unless the relocatees are physically or mentally incapable of such actions and when they do not have anyone else who is willing and able to do it for them.<br /> <br /> '''Step Two''': Submit copies of the bids to the relocatee together with one copy of a blank Moving Cost Agreement, [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Commercial%20Actual%20Cost%20Residential%20Form%20236.8.6.11.A.docx RA Form 236.8.6.11(a)]. Moving Cost Agreements prepared to provide a firm record of the pre-move agreement between the owner and the department are discussed in [[236.8 Relocation Assistance Program#236.8.6.11 Moving Cost Agreements|EPG 236.8.6.11]]. The relocatees must be advised to complete their portion of the agreement, reflecting the low bid therein, and return it to the district office for execution by the department. They should also be advised to wait until they receive an executed copy of the agreement from the district before authorizing the moving firm to conduct the move. The relocatees can employ any moving firm they desire to conduct their move; however, their moving cost payment will be for their actual cost '''not to exceed''' the low bid reflected in the Moving Cost Agreement.)<br /> <br /> As will be noted in the agreement form, the department will pay the relocatee '''either''' the actual and reasonable cost of conducting the move (as documented by paid receipts or other proof of expenditure) or an amount equal to the lowest of the two bids, whichever is the lesser. The department will also reimburse the actual cost of eligible (and reasonable) incidental costs as previously discussed.<br /> <br /> '''Step Three''': When the Moving Cost Agreement is received by the district from the relocatee, it should be reviewed, and if found proper, completed and signed.<br /> <br /> '''Step Four''': After the approved &quot;Moving Cost Agreement&quot; is returned to the relocatee by the department, the relocatee should cause the move to be completed, pay all moving and incidental costs and obtain paid receipts for each separate expenditure.<br /> <br /> '''Step Five''': After the move is completed and all applicable costs paid, the relocatee should file a claim for reimbursement using [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Commercial%20Form%20236.8.6.12.A.docx RA Form 236.8.6.12(a)]. No other claim form will be acceptable under this payment option. The claim must be filed within the 18-month period discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(b)]], (RA Form 236.8.6.12(a) is discussed in detail in [[236.8 Relocation Assistance Program#236.8.6.12 Claim Forms - Actual Cost Moving Cost Payments|EPG 236.8.6.12(a)]]).<br /> <br /> '''(1) Mobile Homes'''<br /> <br /> The owners of mobile homes that have been classified as personal property can claim the actual and reasonable cost of moving the unit to any location within 50 miles distance. The following policy is applicable for both mobile home owner-occupants and non-occupant owners.<br /> <br /> The owners of displaced mobile homes must follow the same five steps outlined in the preceding subparagraph to obtain reimbursement for the move. Moving cost bids should be from qualified bidders who are equipped and capable of moving mobile homes. When requesting bids for moving mobile homes, which preferably should be done in writing, always specify whether or not the mover will be expected to replace skirting, steps, underpinning, tie downs, to make utility disconnections and reconnections, and/or to provide any other services necessary to move and reestablish the mobile home. If bids are received which are not based on the same services to be performed by the bidders, they must be revised until they are based on compatible services.<br /> <br /> The department will reimburse the relocatee for incidental expenses related to the move, including disconnection and hookup of utilities and appliances. The cost of disconnecting water, sewer and gas service is also available for reimbursement, as is the cost of reconnection to public or private water, sewer and gas systems that are available at the replacement site. The cost of converting gas heating and/or cooling facilities from natural gas to LP gas, or visa versa, as necessary at the replacement site, can be included as a reimbursable incidental expense. The cost of extending water, sewer, electric or other utility lines to or on the replacement site, which is actually a capital improvement to the site, is not eligible for reimbursement as an incidental moving cost.<br /> <br /> The reasonable cost of removing &quot;skirting&quot; that was in place around the mobile home at the displacement site and the reasonable cost of reinstalling it at the replacement site can be included as a compensable moving cost expenditure. Should the skirting that was removed at the displacement site not be reusable at the replacement site, for a justifiable reason not caused by carelessness or negligence on the part of the relocatee, the reasonable cost of new skirting, together with its installation cost, can be included in the moving cost payment '''provided that''' the relocatee was not otherwise reimbursed for the loss of such existing skirting.<br /> <br /> If there was no skirting around the unit at the displacement site, the department will not participate in the cost of skirting at the replacement site '''unless''' skirting is specifically required to make the subject mobile home acceptable in the '''only''' comparable replacement mobile home site available to the relocatee.<br /> <br /> The reasonable &quot;tie-down&quot; costs at the replacement site can be a compensable incidental moving cost '''if''' the unit was tied down at the displacement site or is necessary to meet decent, safe and sanitary requirements.<br /> <br /> The reasonable cost of moving, or if more economical, the cost of replacing steps, porches, air conditioner platforms and other mobile home appurtenances of this nature (excluding hard surface &quot;pads&quot;), which are owned by the relocatee and which were not considered to be a part of the real property, can be considered as compensable incidental moving costs.<br /> <br /> Professional mobile home movers normally provide temporary replacements for missing and unserviceable wheels and/or tires as necessary to conduct a specific mobile home move as a part of their routine moving cost charge. Therefore, the department will not reimburse a mobile home owner for the replacement cost of missing and unserviceable wheels and/or tires, unless the district specifically confirms that the replacement of such items was necessary to conduct the move '''and''' that a mover was not available who would provide these items, or that the cost of replacing missing wheels and/or tires was less expensive than employing a mover who would provide these items as a part of his/her moving costs.<br /> <br /> The cost of providing a foundation for the mobile home on the replacement site is not a reimbursable moving expense '''except''' in instances where the mobile home was located, prior to the acquisition, on land owned by another party and the subject relocatees had provided their own unmovable foundation thereon, in which case, the actual and reasonable cost of providing a comparable foundation on the new site will be considered a reimbursable cost. (The value of such foundations, located on land owned by the same relocatee that owns the mobile home, will have been included in the routine right of way payment to the owner and a &quot;second&quot; payment under the Relocation Program would be considered duplication. The fact that such value was erroneously omitted from the right of way payment will not make the cost of a foundation reimbursable under this program.) The term &quot;foundation,&quot; as used in this paragraph, does not relate to or include concrete or other hard surface &quot;pads,&quot; even though such pads were built by the relocatee. Pads, due to their relationship to the property, will be considered a part of the real property and the replacement cost thereof cannot be included in moving cost payments.<br /> <br /> Those who purchased mobile homes from previous owners (other than mobile home dealers) prior to December 19, 1983, were not required to pay sales tax on the purchase price '''so long as''' the unit remained on the site it occupied at the time of purchase. If and when the unit is moved to a different site, the owner must then license the unit and pay sales tax on the amount he/she originally paid for it. Therefore, when a mobile home in this category is displaced by the department, and if the owner is required to pay sales tax as a result of the displacement, it is proper to consider sales tax and license as compensable incidental moving costs. <br /> <br /> After December 19, 1983, sales tax on pre-owned mobile homes is due and payable within 30 days after the date of purchase. Failure to comply by the buyer is a violation of law. Therefore, &quot;delinquent&quot; sales tax paid at the time of displacement, but which should have been paid at the time of the owner's purchase, will '''not''' be reimbursable under the Relocation Program.<br /> <br /> '''(f) Residential Self-Move'''<br /> <br /> '''Self moves based solely on the lower of two bids are not eligible for reimbursement'''.<br /> <br /> Individuals and families may conduct a self-move if they so desire, to include both occupant and non-occupant owners of mobile homes which have been designated as personal property based on the '''ACTUAL AND REASONABLE COST INCURRED''' to accomplish the move. All costs claimed under this option must be documented using [http://eprojects/Templates/RW/Chapter%208_Relocation/Actual%20Cost%20Self%20Moves%20Form%20236.8.6.8F.docx RA Form 236.8.6.8(f)].<br /> <br /> The relocatees and/or other individuals time required to accomplish the move such as packing, loading, transporting, unloading and unpacking of personal property may be considered as a cost incurred. The hourly rate charged for time shall not exceed the rate per hour paid to employees of local moving companies for the same unskilled tasks. The hourly rate shall be established periodically by district right of way personnel and relocatees advised of the approved rate at the time the moving option is explained.<br /> <br /> The names of all individuals involved in the moving of personal property, activity performed, starting and ending time each day, plus total hours worked will be part of the documentation the relocatee is required to submit to the district office. The cost of renting equipment to accomplish the move may be claimed provided paid receipts are furnished.<br /> <br /> Mileage reimbursement for personal vehicles used in moving may be claimed at the rate allowed by the Internal Revenue Service. The allowable rate for a given year may be obtained from the District Financial Services Department.<br /> <br /> '''NOTE''': Make sure that the rate given is the actual IRS allowable rate rather than the allowable rate for reimbursement to MoDOT employees for use of their personal vehicles in conducting department business. The odometer reading on personal vehicles must be recorded at the beginning and end of the move.<br /> <br /> Reimbursement for all incidental costs discussed in this chapter is also available under this moving option. It should be specifically pointed out to relocatees, however, that losses in moving and damages incurred in moving will not be paid if insurance covering such losses was available (though not purchased) and also when such losses are due to the fault, negligence or inexperience on the part of the relocatee or because proper moving equipment was not available to them. All incidental expenses claimed by the relocatee must be documented by paid receipts or other proof of expenditures.<br /> <br /> All costs submitted to the department for payment under this moving option shall be reviewed by the relocation agent assigned to the parcel to determine the reasonableness of such costs. If the cost exceeds $1,000, an estimate should be prepared by a right of way employee or commercial mover to determine the reasonableness of the cost. If the estimate is prepared by an employee, previously obtained bids from commercial movers (or previous estimates prepared by employees) to conduct a move on other properties would be a source of information to use in making the estimate. [http://eprojects/Templates/RW/Chapter%208_Relocation/Actual%20Cost%20Self%20Moves%20Form%20236.8.6.8F.docx Form 236.8.6.8(f)], should be provided to the relocatee to record cost to be submitted to the district.<br /> <br /> The 50-mile radius distance rule from displacement property applies to this moving option just as it does to all others; however, the mileage for all '''necessary trips''' between the displacement and replacement site are eligible cost even when total miles traveled exceeds 50 miles.<br /> <br /> A moving cost agreement is not necessary with the self-move option.<br /> <br /> '''(g) Combined Residential and Business or Farm Moves'''<br /> <br /> If a right of way acquisition from the '''same''' property necessitates the relocation of both residential personal property and personal property used in relation to a business or farm operation, and the relocatee selects the &quot;actual cost&quot; payment option (either by commercial mover or self-move), the district has authority to authorize them to include all items involved in one move (the same moving cost estimates, bids, moving cost agreement and claim), or to require the residential and business or farm move to be separated.<br /> <br /> The decision as to whether one overall move, or two separate moves, is involved should be based on the amount and type of personal property involved and on its compatibility in relation to being moved by the same mover and with the same moving equipment. (If it is practical to do so, one &quot;combined&quot; move should be conducted. If this is not practical, however, there should be no hesitancy in authorizing two separate moves as the overall cost should not be substantially different.)<br /> <br /> If the overall personal property relocation is processed as two separate moves, each should be handled as if the other did not exist so far as bids, estimates, moving agreements and claims are concerned.<br /> <br /> If all items involved, residential and business or farm, are handled as one move, it should be considered as a residential move for statistical and reporting purposes.<br /> <br /> Should the relocatee claim, and be paid, a fixed moving payment, the district must be very sure that the cost of moving personal property related to the business or farm operation is not included in the department's moving cost payment.<br /> <br /> See the second unlettered &quot;NOTE&quot; in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(c)]], Schedule A(2), if a relocatee, under a &quot;combined&quot; situation of this type, selects the fixed-payment moving cost option for his/her residential move.<br /> <br /> ===236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments===<br /> <br /> '''(a) Business, Farm and Nonprofit Organization Moving Cost Payments; General'''<br /> <br /> Moving cost payments discussed in this paragraph include all moves except those classified &quot;residential&quot; as defined in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(a)]]. (Moves involving partial displacements are discussed in [[236.8 Relocation Assistance Program#236.8.6.10 Partial Displacements; Residential, Business, Farm and Nonprofit Organization|EPG 236.8.6.10]].<br /> <br /> Owners of businesses, displaced farm operations and nonprofit organizations can either employ commercial movers to relocate their personal property, conduct a self-move, or have a combined commercial and self-move.<br /> <br /> Moves which involve large and/or complicated moving cost payments must be monitored, at both the displacement and replacement sites, by district personnel to the extent necessary to ensure that the personal property involved was actually moved (at the relocatee's expense) to their remaining or replacement property and that the moving cost claim is reasonable and accurate. The unit file should be documented to show that such action was taken. (Also see [[236.8 Relocation Assistance Program#236.8.6.2 General Moving Cost Policies|EPG 236.8.6.2(f)]], Overtime Charges).<br /> <br /> To ensure that the district will have an opportunity to monitor each move, the owners of displaced businesses; farm operations and nonprofit organizations must provide advance written notice of the date the move will begin. Failure to provide the written notice, or to permit district monitoring at both the displacement and replacement sites, can cause forfeiture of moving payment eligibility.<br /> <br /> The district has authority to waive this requirement for non-complicated moves, which do not warrant on-premise monitoring. When the requirement is waived, a justification statement must be placed in the unit file. <br /> <br /> Applicable Moving Cost Agreements discussed later in this section relate to a 5-day advance written notice of the moving date; however, this period is flexible and can be extended or reduced by the district as necessary to fit a particular situation.<br /> <br /> :'''(1) Multi-Family and Single-Family Furnished Rental Units'''<br /> <br /> :The owners of furnished multi-family dwellings or furnished single-family dwellings, which they do not occupy, can be reimbursed for the cost of moving such furnishings as a routine business move under the policies and procedures outlined herein.<br /> <br /> :'''(2) Entire Displacement; Partial Acquisitions'''<br /> <br /> :If the majority of a business property or farm operation is being acquired as right of way, and/or if the right of way acquisition is so severe that the business or farm operation cannot be continued, the owner can be paid for moving all personal property used in connection with the business or farm operation including items located outside of the right of way acquisition, provided that such items are moved within a reasonable time after acquisition normally by the end of the relocatee's authorized possession of the acquired area unless an extended time period is agreed upon in writing between the district and relocatee. The file must be documented to show why the entire business or farm operation must be relocated when a partial acquisition is involved.<br /> <br /> :'''(3) Two or More Owners of Personal Property Involved'''<br /> <br /> :In instances where several different persons or firms own personal property located on business or farm real property being acquired by the department, each owner is entitled to the cost of moving his/her items of personal property. The claim of each personal property owner would be handled separately.<br /> <br /> :'''(4) Buildings Moved With Personal Property Intact'''<br /> <br /> :If business buildings are retained by the owner and moved to a new location without the necessity of removing the personal property therefrom, the owner of such personal property would be entitled to a moving cost payment equal to the additional charge, if any, by the &quot;house mover,&quot; due to the personal property being left in the building during the time it is being moved. Claims involving situations of this type must be supported by bids showing the cost of moving the building with and without the personal property remaining therein.<br /> <br /> '''(b) Business, Farm and Nonprofit Organization; Commercial Mover'''<br /> <br /> Moves in this category include all situations where the qualified owners of displaced businesses, farm operations and nonprofit organizations employ someone to move their personal property from real estate acquired to a replacement site and claim reimbursement for their actual and reasonable moving expenses. Normally applicable incidental moving expenses paid by the relocatee are available for reimbursement under this moving cost payment option.<br /> <br /> If the relocatee moves more than 50 miles distance, the payment will normally be based on the prorated portion of the moving costs that would have been applicable for a 50-mile move. (See [[236.8 Relocation Assistance Program#236.8.6.2 General Moving Cost Policies|EPG 236.8.6.2(b)]], if the move exceeds 50-mile distance.)<br /> <br /> It is permissible for a business, farm or nonprofit organization owner to employ two or more separate commercial movers when necessary, due to the need for specialized moving equipment and/or expertise.<br /> <br /> It is also permissible for such owners to conduct a move by employing a commercial mover to move part of their personal property and move the balance as a self-move.<br /> <br /> Instructions covering the situations discussed in the two preceding paragraphs are provided in the following paragraphs ([[236.8 Relocation Assistance Program#236.8.6.11 Moving Cost Agreements|EPG 236.8.6.11]], Moving Cost Agreements, and [[236.8 Relocation Assistance Program#236.8.6.12 Claim Forms - Actual Cost Moving Cost Payments|236.8.6.12]], Claim Form).<br /> <br /> [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(1)]], if removal and reinstallation costs are expected to exceed $1,000.<br /> <br /> :'''(1) Moving Cost Bids are Available'''<br /> <br /> :The following procedure is applicable when eligible owners of businesses, farm operations and nonprofit organizations elect this moving cost payment option and it is practical (reasonably possible) to obtain prior moving cost bids from qualified moving firms.<br /> <br /> :'''Step One''': Obtain an inventory from the relocatee showing the items of personal property that are to be moved. (The relocation agent can assist the relocatee in the preparation of the inventory if it is in the department's best interest to do so.) It is permissible for small items to be grouped into &quot;lots&quot; or to be &quot;lumped&quot; together in some other type of identifiable unit such as a specific number of bins, boxes, barrels, etc. The relocation agent must make an on-site inspection of the items involved and ensure that the inventory is reasonably accurate. He/she must also ensure that none of the items of personal property listed in the inventory are included in the real estate appraisal as real property. (The &quot;Relocation Agent's Report&quot; must show that the on-site inspection was made and that he/she also determined that none of the items involved were included in the appraisal as real property.) Inventories should normally be prepared either (1) at or near the time of the actual move, or (2) at or near the time that the department acquires the subject parcel, '''whichever occurs first'''. This will ensure, if the move occurs prior to the date of acquisition, that the inventory will reflect all of the items, and only the items, that will actually be relocated and, if it occurs after that date, that only the items that were on hand at the time the property was actually acquired by the department will be included therein.<br /> <br /> :If for any reason the relocatee fails to provide the required inventory, so advise the Right of Way Section before proceeding to the next step.<br /> <br /> :'''Step Two''': The district must obtain at least two moving cost bids, based on the cost of moving the items set out in the above-mentioned personal property inventory, from commercial movers who are qualified to conduct the move. It is highly desirable that the relocatee be given an opportunity to concur in the selection of moving firms who will prepare the bids. (The '''reasonable''' desires of the relocatee should be given serious consideration in making the selection.) Bids should not normally be obtained before the relocatee has selected a replacement site so that the bidders will be aware of the actual mileage involved. (See NOTE A at the end of this subsection if an extension of possession agreement is involved.) If the lowest bid appears unreasonable, the district must obtain an additional bid to ensure that the moving cost agreement will be based on an acceptable amount. It is expected that bids will be provided by the selected moving firms without cost as the movers will be bidding on an actual job; however, for good reason and with prior approval from the Right of Way Section, movers can be paid reasonable fees for preparing bids covering a specific move.<br /> <br /> :Be sure that the bids are prepared on the same basis, same services to be performed by the movers. If bids are received which are not based on the same services, cause the bids to be revised by the bidder(s) until they are compatible.<br /> <br /> :Copies of all bids must be retained for the unit file.<br /> <br /> :'''Step Three''': Submit copies of the bids to the relocatee together with a copy of a blank moving cost agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Commercial%20Mover%20Bids%20Form%20236.8.6.11.B.pdf RA Form 236.8.6.11(b)]. The relocatee must be advised to complete his/her portion of the agreement (reflecting the low bid therein) and return both copies to the district office for execution by the department. The relocatee should also be advised to wait until he/she receives an executed copy of the agreement from the district before authorizing the moving firm to conduct the move. (The relocatees can employ any moving firm they desire to conduct their move; however, their moving cost payment will be for their actual cost '''not to exceed''' the low bid reflect in the moving cost agreement.)<br /> <br /> :'''Step Four''': The Moving Cost Agreement, when received by the district from the relocatee, should be carefully reviewed, and if found proper, completed and signed. A copy is to be returned to the relocatee and the original retained for the unit file.<br /> <br /> :'''Step Five''': After the approved Moving Cost Agreement is returned to the relocatee, he/she should provide the 5-day written moving date notice (unless waived by the district) and cause the move to be completed. The relocatee should be sure that he/she retains all receipts and cost documentation necessary to support the claim. (Normally a paid receipt from the mover plus paid receipts covering eligible incidental moving costs will suffice.)<br /> <br /> :'''Step Six''': After the move is completed, the relocatee must provide the district an inventory of the items of personal property that were actually moved to his/her remaining or replacement property. If all of the items that were included in the original pre-move inventory were moved, the relocatee can use a copy of the same inventory by changing the certification to state that all of the items listed therein were actually moved to the remaining or replacement property. If the items actually moved differ from those listed in the pre-move inventory, he/she can either adjust a copy of the pre-move inventory by &quot;lining off&quot; items that were not moved or prepare a new post-move inventory. (The relocatee can also add eligible items which were omitted from the pre-move inventory, if such items were actually moved, to offset all or a portion of the items that were lined off or removed from the post-move inventory; '''however''', items added cannot cause the payment to exceed the original low bid that was used in the Moving Cost Agreement without specific approval from the Right of Way Section.) In every instance the post-move inventory must contain a statement that all of the items listed therein were actually moved to the relocatee's remaining or replacement property.<br /> <br /> :'''Step Seven''': The district must conduct an on-site review of the post-move inventory to ensure that it is reasonably accurate and that it does not contain any items of real property that were retained and moved by the relocatee. The &quot;Relocation Agent's Report&quot; must show that this action was taken and that both determinations were made. (If the relocatee moves to another state, making it impractical to conduct a post-move on-site inspection, so advise the Right of Way Section and request instructions.)<br /> <br /> :If the post-move inventory is substantially the same as the pre-move inventory, or if it reflects an increase in the number of items and/or quantities, the relocatee can be paid the actual moving costs, not to exceed the approved amount in his/her Moving Cost Agreement. He/she can also be paid eligible documented incidental expenses. (If due to extenuating circumstances the district feels that a moving cost payment should be approved which exceeds the low bid reflected in the Moving Cost Agreement, a well-explained and justified recommendation to this effect should be submitted to the Right of Way Section.)<br /> <br /> :If there is a significant reduction in the number of items and/or quantities listed in the post-move inventory, as compared to the pre-move inventory, take whichever of the two following actions that is applicable.<br /> <br /> ::1. If the mover who submitted the approved low bid that was used in the Moving Cost Agreement actually conducted the move, determine that the charge to the relocatee was appropriately reduced in relation to the original bid that included the cost of moving all items and quantities that were listed in the pre-move inventory. (If it was not appropriately reduced, the district must adjust, or cause to be adjusted, the original low bid amount to eliminate the cost of moving items which were not actually moved. Such adjusted bid amount will be the maximum that the relocatee can be paid, exclusive of documented incidental moving costs.) OR<br /> <br /> ::2. If the actual move was conducted by someone other than the mover who submitted the low bid that was used in the Moving Cost Agreement, it will be necessary for the original bidder to revise his/her bid to eliminate the cost of moving the items and/or quantities which were not actually moved. The revised bid will establish the maximum moving cost payment that the relocatee can receive, exclusive of properly documented incidental moving costs.<br /> <br /> :If it is impractical to obtain a revised bid from the original bidder, document the unit file and obtain a revised bid or estimate from some other source. (Under this circumstance, commercial movers can be paid reasonable fees for revising their original moving cost bids.)<br /> <br /> :'''Step Eight''': The relocatee must file his/her claim for reimbursement within the 18-month period discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(b)]].<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Commercial%20Form%20236.8.6.12.A.docx RA Claim Form 236.8.6.12(a)], must be used in claiming the payment. The claim should include the actual documented cost of the basic move, not to exceed the amount set out in the Moving Cost Agreement or, if applicable, an adjusted amount as discussed in preceding Step Seven, plus allowable and documented incidental expenditures.<br /> <br /> :Note that there is no provision for reimbursement for the cost of time spent by the relocatee or his/her employees in moving as the accepted bid from a qualified mover will normally cover the cost of conducting the move in its entirety with minimum assistance or supervision on the part of the relocatee. (An exception can be made, with prior approval from the Right of Way Section, when substantial additional supervision is required of the relocatee due to the unusual complexity of the move. When such exception is made, it will be necessary to modify the Moving Cost Agreement to cover reimbursement of the actual and reasonable cost of such supervision and to specify the documentation that will be required to support this item of cost on the claim, which will be the same documentation required in following [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(c)(2)]], covering time spent by the relocatee in conducting a move when moving cost estimates are not available. When this cost item is authorized, it is highly desirable that a predetermined maximum supervisory payment amount be established and agreed upon.)<br /> <br /> '''NOTE A''': Extension of Possession Involved<br /> <br /> If a business, farm or nonprofit organization is permitted to continue in occupancy of the subject property under an Extension of Possession Agreement, take the following actions:<br /> <br /> '''One''': Obtain a pre-move inventory of the personal property on hand at the time the department acquires the displacement property, which is normal procedure when the move has not been conducted prior to that time.<br /> <br /> '''Two''': Include clauses in the Extension of Possession Agreement to establish that the relocatee understands and agrees:<br /> <br /> :(1) that his/her moving cost payment will not be made until after he/she actually accomplishes the move and vacates the subject real property,<br /> <br /> :(2) that his/her payment will cover only the reasonable cost of moving the items of personal property that are included in the pre-move inventory that was prepared at the time the department acquired the real property involved and that the cost of moving items of personal property obtained after such inventory was completed will be borne solely by the relocatee. (It will be permissible to modify this clause to allow the reasonable cost of moving additional specifically named items that were on order, though not delivered, at the time the pre-move inventory was made or, with prior approval from the Right of Way Section, to modify it in some other manner as necessary to ensure that the relocatee will be treated fairly and equitably),<br /> <br /> :(3) that the amount of the payment (exclusive of approved incidental costs) will be based on the lowest of two bids obtained from qualified movers just prior to his/her future move, covering '''only''' the cost of moving the items of personal property included in the above referenced pre-move inventory, plus, if applicable, any other specific item as discussed in (2) above, and<br /> <br /> :(4) that the relocatee agrees to notify the district, in writing, of his/her intent to move from the subject real property at least five days in advance of the planned moving date, but after a replacement site has been selected, to enable moving cost bids to be obtained and a Moving Cost Agreement to be prepared and executed.<br /> <br /> '''Three''': Upon receiving notice that the relocatee plans to vacate the subject real property, obtain at least two moving cost bids under the procedure set out in &quot;Step Two&quot; in preceding subparagraph (b). For benefit of the relocatee, the moving cost bids can be based on the total amount of personal property to be moved, even though additional &quot;noncompensable&quot; personal property was placed on the subject real property after it was acquired by the department; '''however''', such bids '''must show separately''' the cost of moving only the items that were included in the pre-move inventory, plus any other specifically approved items. (The approved low bid price for moving the items included in the pre-move inventory, plus the cost of moving any additional items as discussed in preceding subparagraph &quot;two,&quot; will be reflected in the Moving Cost Agreement.)<br /> <br /> '''Four''': Complete the transaction by following the appropriate procedure set out in Steps Three through Eight in preceding subparagraph (b).<br /> <br /> The probability that moving costs will increase during the extended possession period due to inflationary trends, should be considered when determining whether or not to permit a relocatee to continue in occupancy and, if permitted, in determining the amount of the monthly rental fee.<br /> <br /> :'''(2) Moving Cost Bids Are Not Available'''<br /> <br /> :If it is not practical to obtain advance moving cost bids due to the complexity of a move, the relocatee can be authorized by the district (with prior approval from the Right of Way Section) to conduct the move without them.<br /> <br /> :When the requirement for obtaining moving cost bids is waived due to the complexity of the move, follow the procedure set out in following [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(c)(2)]]. Due to the anticipated complexity of a move of this type, the relocatee will be authorized to claim reasonable reimbursement for time spent in supervising the move and for the actual time spent by his/her employees in conducting the move, as well as the reasonable operating cost of company-owned equipment used in conducting the move even though the move may be conducted primarily by a commercial mover. (Documentation requirements discussed in EPG 236.8.6.9(c)(2), are applicable.)<br /> <br /> :If the relocatee intends to employ a commercial mover to conduct the principal portion of the move, the district and relocatee should agree in advance upon a specific moving firm (or firms) to conduct the move. This can best be accomplished by permitting the relocatee to select a moving firm from a listing of certified moving companies that are acceptable to the department. (If the relocatee will not agree to employ a moving firm which is acceptable to the district, so document the file and inform the relocatee that it may be necessary to fully audit all records relating to the move, including the moving firm's records, before his/her moving cost claim will be paid by the department.)<br /> <br /> '''(c) Business, Farm and Nonprofit Organization; Self-Moves'''<br /> <br /> The qualified owners of any displaced businesses, farms or nonprofit organizations have the option of conducting a self-move. Under this option the relocatees will move the personal property and will not employ a commercial moving company to conduct the move.<br /> <br /> :(1) '''Moving Cost Estimates are Available'''<br /> <br /> :The following procedure is applicable if estimates can be obtained of the amount that would have been charged by a commercial mover for conducting the move. (If the accuracy of the only estimates available is questionable, request advice from the Right of Way Section before proceeding, as it may be desirable to work out an &quot;actual cost&quot; agreement.)<br /> <br /> :'''Step One''': The relocatee must prepare an inventory of the items of personal property that must be moved as a result of the right of way acquisition. The inventory must identify the items and quantities involved. (Step One in preceding section (b) provides a more detailed discussion of pre-move inventories, which is generally applicable when a self-move is involved.)<br /> <br /> :Inventories should normally be prepared either (1) at or near the time of the actual move or, at or near the time that the department acquires the subject parcel, '''whichever occurs first'''. This will ensure, if the move occurs prior to the date of acquisition, that the inventory will reflect all of the items, and only the items, that will actually be relocated and if it occurs after that date, that only the items that were on hand at the time the property was actually acquired by the department will be included therein.<br /> <br /> :If for any reason the relocatee fails to provide the required inventory, advise the Right of Way Section before proceeding to the next step.<br /> <br /> :'''Step Two''': The relocatee must advise the district, in writing, of his/her intent to conduct a self-move and request that the district obtain the necessary moving cost estimates. The inventory must be provided to the district by the relocatee at the time the estimate request is made.<br /> <br /> :'''Step Three''': Upon receipt of the relocatee's request, a district representative must make an on-site inspection of the items that will be involved in the move and ensure that the inventory is reasonably accurate. He/she must also ensure that none of the items listed in the inventory are included in the real estate appraisal as real property. (The unit file must be documented to show that both actions were taken.)<br /> <br /> :'''Step Four''': The district must obtain at least two moving cost estimates from commercial movers who are qualified to conduct the move if the moving cost is expected to exceed $2,500. Both moving firms must be presented a copy of the inventory and the estimates are to be based on the items listed therein. The district can pay movers reasonable amounts to prepare such estimates. (Payments for this service would be processed in the same manner as any other routine incidental expenditure chargeable to relocation.) See [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(1)]] if removal and reinstallation costs are expected to exceed $1,000. (If one estimate can be obtained, but '''not''' two, advise the Right of Way Section and ask for concurrence to proceed with the procedure discussed in this subparagraph on the basis of one estimate, or, for using the procedure discussed in following subparagraph (2) that is applicable when no estimates are available, whichever the district feels is most applicable under the circumstances involved.) Moving cost estimates can be obtained from qualified specialists instead of commercial moves when conditions warrant. If the cost of the move is expected to be $2,500 or less, one estimate covering the cost of moving the items listed in the inventory can be prepared by a qualified member of the Right of Way staff.<br /> <br /> :Estimates should not normally be obtained before the relocatee has selected a replacement site so that the actual mileage can be used. (Limit the estimate to the cost of a 50-mile move if the replacement property is more than 50 miles distance from the subject property.)<br /> <br /> :Be sure that the estimates are prepared on the same basis as services to be performed by the mover. If estimates are received which are not based on the same services, obtain revised estimates from the mover(s).<br /> <br /> :Copies of all estimates must be retained for the unit file.<br /> <br /> :Copies of each estimate are to be furnished to the relocatee with instructions that should he/she desire to proceed with a self-move, he/she should submit two signed copies of a &quot;Moving Cost Agreement&quot; ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.11.C.docx RA Form 236.8.6.11(c)], to the district.)<br /> <br /> :If the relocatees object to the estimate being prepared by a department employee, or if they reject or seriously question a moving cost estimate prepared by a department employee, the unit file should be documented accordingly and estimates covering the move should be obtained from commercial movers. (The district is authorized to accept only one bid from a commercial mover under this circumstance, in lieu of two, if the file is documented to show that two bids were not justified due to the limited scope of the move.)<br /> <br /> :'''NOTE''': If an estimate cannot be obtained which is considered reasonable, or if it is obvious that the relocatee can conduct a self-move for a lesser cost than would be charged by a commercial mover, the district should attempt to negotiate a predetermined self-move amount that is lesser than the low estimate. The negotiated amount should be fair to both the relocatee and to the department.<br /> <br /> :One possible procedure for arriving at an acceptable negotiated amount would be for the relocatee to make an estimate of the cost he/she will experience in conducting the self-move. (The relocatee's estimate must be prepared without knowledge of the amount of the estimates obtained from commercial movers.) Keep in mind that predetermined negotiated self-move moving cost amounts must be less than the lowest estimate obtained from commercial movers. (See NOTE at the end of [[236.8 Relocation Assistance Program#236.8.6.11 Moving Cost Agreements|EPG 236.8.6.11(c)]], which discusses moving cost agreement modifications when a negotiated predetermined self-moving cost payment of this type is involved.)<br /> <br /> :If it is not possible to negotiate an amount that is less than the lowest commercial movers estimate provide the facts involved to the Right of Way Section together with a recommended solution.<br /> <br /> :In either event the unit file must be documented to clearly show the actions that were taken.<br /> <br /> :'''Step Five''': When the signed &quot;Moving Cost Agreement&quot; is forwarded to the district by the relocatee, it should be reviewed, and if found proper, completed, executed on behalf of the department and returned to the relocatee. A copy must be retained for the unit file.<br /> <br /> :'''Step Six''': After the approved &quot;Moving Cost Agreement&quot; is returned to the relocatee, he/she should provide the 5-day written moving date notice (unless waived by the district) and complete the move.<br /> <br /> :'''Step Seven''': After the move is completed the relocatee must present the district an inventory of the items of personal property actually moved to their remaining or replacement property. If they move all of the items that were included in their original pre-move inventory, they can use a copy of the same inventory by changing the certification to state that all of the items listed therein were actually moved to the remaining or replacement real property. If the items actually moved differ from those listed in the pre-move inventory, they can either adjust a copy of the pre-move inventory by &quot;lining off&quot; items that were not moved or prepare a new certified post-move inventory. (The relocatee can also add eligible items which were omitted from the pre-move inventory, if such items were actually moved, to offset all or a portion of the items that were lined off or removed from the post-move inventory; '''however''', items added '''cannot''' cause the payment to exceed the original low bid that was used in the Moving Cost Agreement without specific approval from the Right of Way Section.) In every instance the post-move inventory must contain a statement that all of the items listed therein were actually moved to the relocatee's remaining or replacement property.<br /> <br /> :'''Step Eight''': The district must conduct an on-site review of the post-move inventory to ensure that it is reasonably accurate and that it does not contain any items of real property that were retained and moved by the relocatee. The &quot;Relocation Agent's Report&quot; must show that this action was taken and that both determinations were made. (If the relocatee moved to another state, making it impractical to conduct a post-move on-site inspection, so advise the Right of Way office and request instructions.)<br /> <br /> :If the post-move inventory is substantially the same as the pre-move inventory on which the approved moving cost estimate was based, the relocatees can be paid the amount of the low moving cost estimate, as reflected in their Moving Cost Agreement, without presenting any additional documentation. They can also be paid eligible '''documented''' incidental expenses.<br /> <br /> :If there is a significant reduction in the number of items and/or quantities listed in the post-move inventory as compared to the pre-move inventory, it will be necessary to request the original estimator who prepared the moving cost estimate used in the Moving Cost Agreement, to revise his/her original estimate (or make a new estimate) to reflect only the cost of moving the items listed in the post-move inventory. (Commercial movers can be paid reasonable fees for revising their original moving cost estimates.) Under this circumstance the district and relocatees can negotiate the amount of the moving cost payment; '''however''', the amount paid (exclusive of incidental costs) '''cannot''' exceed the revised moving cost estimate.<br /> <br /> :If it is impractical to obtain a revised estimate from the original estimator, document the unit file and present a recommendation to the Right of Way Section for obtaining the revised estimate.<br /> <br /> :'''Step Nine''': The relocatees must file their claim for reimbursement, within the 18-month period discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(b)]].<br /> <br /> :The claim must be submitted on previously mentioned [http://eprojects/Templates/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.12.D.pdf RA Form 236.8.6.12(d)].<br /> <br /> :There is no provision for reimbursement for time spent by the relocatees or their employees in moving as the accepted estimate from a commercial mover will normally cover the cost of conducting the move in its entirety with minimum assistance or supervision on the part of the relocatees. (An exception can be made, with prior approval from the Right of Way Section, when substantial additional supervision is required by the relocatee due to the unusual complexity of the move. When such exception is made it will be necessary to modify the Moving Cost Agreement to cover reimbursement of the actual and reasonable cost of the supervision and to specify the documentation that will be required to support this item of cost on the claim, which will be the same documentation required in following subparagraph (2) covering time spent by the relocatees in conducting a move when moving cost estimates are not available. When this cost item is authorized, it is '''desirable''' that a predetermined maximum supervisory payment amount be established and agreed upon.)<br /> <br /> :'''NOTE''': If an Extension of Possession Agreement is involved, follow the principles discussed in NOTE A at the end of preceding subparagraph (b).<br /> <br /> :'''(2) Moving Cost Bids or Estimates Are Not Available'''<br /> <br /> :If due to the complexity of the move it is not practical to obtain moving cost bids or estimates the relocatee can be authorized by the district (with prior approval from the Right of Way Section) to conduct the move without them. Under this circumstance, the relocatee will be reimbursed for his/her actual, reasonable and documented moving cost expenditure, not to exceed the cost of a 50-mile move. When a move is conducted under this condition, an [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Bids%20Not%20Avail%20From%20236.8.6.11.D.pdf RA Form 236.8.6.11(d)], &quot;Moving Cost Agreement&quot; will be used. (See [[236.8 Relocation Assistance Program#236.8.6.11 Moving Cost Agreements|EPG 236.8.6.11(d)]]).<br /> <br /> :The time the owner and employees of the firm being moved, which is actually spent in conducting the move, can be considered a compensable part of the moving cost claim. If the business owner uses his/her regular foreman and/or other supervisory personnel to provide supervisory services in conducting the move, the time spent by such personnel in actual supervision of the move may also be considered a compensable moving cost expenditure. Also appropriate time charges for the use of equipment owned or hired by relocatee can be included in the claim.<br /> <br /> :Time charged by the owner shall be based on his/her average earnings. (If a corporation is involved, base the owner's &quot;average earnings&quot; on the salary paid to him/her by the corporation. If the business has not been incorporated, average earnings will be based on his/her share of the business earnings.) The actual wages (based on currently effective salaries or wages paid by the business) paid to employees of the business who are supervisors can be included in the moving cost payment for the time spent in actual supervision of the move. All other charges for labor must be based on either (1) the wage rate being paid such employees by the relocatee, or (2) the hourly rate normally paid by commercial movers to their employees for the same or similar types of labor, whichever is the lesser. Equipment charges must be based on the equipment charge rate used by the relocatee in the conduct of his/her routine business, not to exceed the normal rate applicable for the use of such equipment. (The equipment rate will normally be on an hourly basis and should include a reasonable amount to cover gas, oil, insurance and depreciation.)<br /> <br /> :Employee wage rates, as referred to above, can include both basic salaries and the prorated cost of social security, workers' compensation insurance and other &quot;fringe benefits&quot; paid by the employer '''if''' such costs are properly supported. Administrative and/or overhead costs are not to be included as reimbursable moving cost expenses.<br /> <br /> :Both labor and equipment charges included in a moving cost claim, when a self-move of this type is involved, must be supported by a certified statement from the owner showing (1) his/her time (hours) spent in the actual conduct of the move: the hourly rate being claimed therefore and how such rate was established, (2) the firm's employees who assisted in conducting the move: by name and job title, the number of hours being claimed for each employee listed, the hourly rate being claimed for each employee and the salary, or hourly wage rate, currently being paid to each employee by the firm, and (3) the specifically named company-owned equipment that was used in conducting the move: the number of hours each item of equipment was used, the hourly charge being claimed for each item, and the routine hourly equipment charge applicable to each item as charged by the firm in its cost records and/or bookkeeping procedure. Care must be taken to ensure that (a) the hourly wage rate charged for employee's services in conducting the move does not exceed the wage rate normally paid by commercial movers to their employees for similar services, (b) that the hourly rate charged for company-owned equipment does not exceed the normal rate that is applicable in the area for the rental of such equipment, and (c) that equipment operator's time is not included in both the hourly rate charged for the equipment involved and also as a separate item of employee labor.<br /> <br /> :It is permissible for the relocatee to employ commercial movers and/or specialists to conduct portions of the move. If so, the actual, reasonable and documented payments to such movers and specialists can be included in the moving cost payment from the department.<br /> <br /> :If it is practical to do so, the relocatee must provide a pre-move inventory of the items of personal property to be moved. The inventory should be prepared and reviewed in the manner discussed in Step One in preceding subparagraph (b).<br /> <br /> :If it is impractical to obtain a pre-move inventory due to the complexity of the operation being displaced, possibly due to large fluctuations in stocks, material or other personal property, obtain concurrence from the Right of Way Section to waive the pre-move inventory requirement and proceed without it. The unit file must be documented to provide justification for waiving the pre-move inventory requirement.) Even though the pre-inventory requirement is waived, it is still important that the assigned relocation agent make an on-site inspection to become familiar with the overall operation and to obtain a general knowledge of the personal property involved.<br /> <br /> :After the move is completed, the relocatee must submit an inventory of the items of personal property actually moved. (The inventory must include a statement that all of the items listed thereon were actually moved to the relocatee's remaining or replacement property.) It is permissible for small items to be grouped together such as a specific number of bins, boxes, barrels, etc., containing the small items involved. The relocation agent must make an on-site inspection of the items involved and ensure that the inventory is reasonably accurate. He/she must also ensure that none of the items listed were a part of the real property that was retained and moved by the relocatee. (The &quot;Relocation Agent's Report&quot; must show that the latter two actions were taken.) Also see documentation requirements set out on Moving Cost Agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Bids%20Not%20Avail%20From%20236.8.6.11.D.pdf Form 236.8.6.11(d)].<br /> <br /> :The district must monitor the move, while it is being conducted, to the extent necessary to enable them to ensure that the moving cost payment will be reasonable. District surveillance practices must be commensurate with the anticipated monetary amount involved. In some cases it may be necessary to monitor the entire move, noting the number of company employees involved in the move, equipment used, hours worked, etc. (The 5-day written moving date notice should not be waived when the procedures in this subparagraph are used.)<br /> <br /> :'''NOTE A''': Extension of Possession Involved<br /> <br /> :If a pre-move inventory is available, follow the principles and applicable instructions set out in NOTE A at the end of preceding section (b).<br /> <br /> :If the pre-move inventory requirement has been waived, it will be necessary to work out an agreement to cover the specific case involved. (Submit recommended clauses relating to the latter situation to the Right of Way Section for concurrence before inserting them in the Extension of Possession Agreement.)<br /> <br /> ===236.8.6.10 Partial Displacements; Residential, Business, Farm and Nonprofit Organization===<br /> <br /> '''(a) Partial Displacement Moving Cost Payments--General'''<br /> <br /> Moving costs discussed in this subparagraph relate to situations when the occupant of a subject parcel is not displaced, but items of personal property located within a partial acquisition must be moved.<br /> <br /> Instructions herein also relate to situations when unoccupied parcels are acquired which contain miscellaneous items of personal property that must be moved.<br /> <br /> Owners of such personal property can be reimbursed for their actual and reasonable expenses of moving such items, based either on the cost of a commercial mover or of a self-move.<br /> <br /> The relocation of items used in the establishment and maintenance of a home and/or used in relation to a residential property should be considered as a residential partial displacement. All other items should be identified with their appropriate category, business, farm or nonprofit organization.<br /> <br /> '''NOTE''': Also see [[236.8 Relocation Assistance Program#236.8.7.2 Fixed Payments - Farm Operations|EPG 236.8.7.2(a)]], if a farm operation is displaced due to a partial acquisition.<br /> <br /> '''(b) Partial Displacement Moving Cost Payments; Commercial Mover'''<br /> <br /> If personal property classified as &quot;residential&quot; is involved in a partial displacement and the owner employs a commercial mover to move the items involved, the procedure outlined in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(e)]], is applicable.<br /> <br /> If the personal property belongs to, or is used in connection with, a business, farm or nonprofit organization, the instructions in [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(b)]], are applicable.<br /> <br /> '''(c) Partial Displacement Moving Cost Payments; Self-Move'''<br /> <br /> When personal property classified as &quot;residential&quot; is involved in a partial displacement and the owner, occupant or non-occupant, elects the self-move option, the procedure outlined in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(f)]], is applicable or the owner may elect to be paid on the basis of the fixed-payment moving cost schedule with the following conditions.<br /> <br /> :1. Relocation agent must determine the number of normal furnished rooms or fraction of room the personal property to be moved represents.<br /> <br /> :2. A rate of $100 per room or fraction of a room will be used to determine moving cost.<br /> <br /> :3. The total cost of moving the personal property cannot exceed $1,000. If cost is in excess of $1,000, the move must be conducted as outlined in EPG 236.8.7.8(f).<br /> <br /> If businesses, farms or nonprofit organizations are involved, [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(a) and (c)]] apply.<br /> <br /> ===236.8.6.11 Moving Cost Agreements===<br /> <br /> '''(a) Moving Cost Agreement--Actual Cost Option; Move Conducted By Commercial Mover; Residential Bids Available''' ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Commercial%20Actual%20Cost%20Residential%20Form%20236.8.6.11.A.docx RA Form 8.6.11(a)])<br /> <br /> Moving Cost Agreement RA Form 236.8.6.11(a) is applicable when residential moves are involved, either total or partial displacements, and the relocatee elects to employ a commercial mover and claim reimbursement for the applicable costs involved.<br /> <br /> The relocatee must fill out the first portion (front) of the agreement, preferably with instructions and/or assistance from a relocation agent, and submit it to the district office.<br /> <br /> If two families occupy the same single-family dwelling unit who intend to move to separate replacement housing, each must submit a &quot;Moving Cost Agreement.&quot;<br /> <br /> In completing the form, [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(e) and (f)]] should be reviewed if any problem is encountered in determining whether a partial or total displacement is involved.<br /> <br /> A space has been provided in the heading of the agreement to show whether a conventional dwelling unit or a mobile home is involved. The space headed &quot;Mobile Home&quot; relates only to mobile homes that have been classified as personal property. Mobile homes that have been classified as real property are to be included as conventional dwelling units.<br /> <br /> Agreements submitted to the district offices for approval and execution must be reviewed. If it is in proper order, and the relocatee is eligible for moving cost payments under the option chosen, the back of the form will be completed and executed on behalf of the department. The original must be retained by the district (for the unit file) and a copy is to be returned to the relocatee.<br /> <br /> Should relocatees claim a moving cost payment that, due to circumstances beyond their control, exceeds the amount reflected in their moving cost agreement, present a written recommendation concerning payment of the claim, together with a resume' of the facts involved, to the Right of Way Section for approval or rejection.<br /> <br /> '''NOTE''': The option to use two or more movers, or a combined use of a commercial mover and a self-move, is not available for residential moves except in unusual circumstance, which will require prior approval from the Right of Way Section.<br /> <br /> See [[236.8 Relocation Assistance Program#236.8.6.1 Payment Eligibility|EPG 236.8.6.1(c)]], if the relocatee is being displaced from the remainder of a partial acquisition not located within a right of way acquisition.<br /> <br /> This agreement is applicable for use between the department and the owners of displaced mobile homes that have been classified as personal property, both owner-occupants and non-occupant owners, if the unit is being moved by a commercial mover. (Change &quot;personal property&quot; to &quot;mobile home&quot; in the second line in the body of the agreement.)<br /> <br /> The agreement is also applicable for use between the department and displaced tenant-occupants of a mobile home, relocatee occupies but does not own the mobile home, if the tenant's personal property is to be moved by a commercial mover. (Separate agreements must be executed by the mobile home tenant and the mobile home owner.)<br /> <br /> '''(b) Moving Cost Agreement; Actual Cost Option; Move Conducted By Commercial Mover; Business, Farm and Nonprofit Organization; Bids Available''' (RA Form 236.8.6.11(b))<br /> <br /> Moving Cost Agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Commercial%20Mover%20Bids%20Form%20236.8.6.11.B.pdf RA Form 236.8.6.11(b)], is applicable when business, farm and nonprofit organization moves are involved, either total or partial displacements, and the relocatee elects to employ a commercial mover (moving cost bids are available) to conduct the move. [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(b)(2)]] is applicable if moving cost bids could not be obtained due to the complexity of the move involved.)<br /> <br /> Instructions for completing agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Commercial%20Actual%20Cost%20Residential%20Form%20236.8.6.11.A.docx Form 236.8.6.11(a)], as provided in preceding [[236.8 Relocation Assistance Program#236.8.6.11 Moving Cost Agreements|EPG 236.8.6.11(a)]], also apply to this Moving Cost Agreement.<br /> <br /> It is quite possible that the owner of a business, farm operation or nonprofit organization may employ two or more commercial moving firms to conduct their move, due to the need for different types of moving specialists. When this occurs two or more bids must be obtained for each &quot;type&quot; of move involved, and separate moving cost agreements must be submitted for each portion of the move that will be conducted by different moving firms.<br /> <br /> If a portion of the move is to be conducted by a commercial mover and a portion as a self-move, it will normally be proper to submit [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Commercial%20Mover%20Bids%20Form%20236.8.6.11.B.pdf Form 236.8.6.11(b)], agreement covering the commercial move and [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.11.C.docx Form 236.8.6.11(c)], agreement covering the self-move.<br /> <br /> If more than one moving firm is involved, list the items each firm will move either on the back of their specific agreement or a separate sheet attached thereto. If one firm is to conduct the major move and another only a few specialized items, the entry on the back of the first could be &quot;all personal property except (list items excepted).&quot; The other agreement would list those items excepted from the first. The listing must be adequate to enable others inspecting the file to determine a duplication is not involved.<br /> <br /> It is also possible that the owners may elect the self-move option to move their routine personal property and employ a commercial mover to relocate items which their own forces are not capable of moving. When this occurs, two separate agreements must be provided, one covering the self-move (normally RA Form 236.8.6.11(c), and the other the commercial move (normally RA Form 236.8.6.11(b)). The items covered by each agreement must be listed either on the back of the agreement or on a separate sheet attached thereto.<br /> <br /> '''(c) Moving Cost Agreement--Actual Cost Option; Self-Move; Business, Farm and Nonprofit Organizations; Moving Cost Estimates Are Available''' [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.11.C.docx (RA Form 236.8.6.11(c))]<br /> <br /> This agreement is to be used when the eligible owner of a business, farm or nonprofit organization elects to conduct a self-move and the district '''is''' able to obtain moving cost estimates.<br /> <br /> Instructions for completing agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Commercial%20Actual%20Cost%20Residential%20Form%20236.8.6.11.A.docx Form 236.8.6.11(a)], as provided in [[236.8 Relocation Assistance Program#236.8.6.11 Moving Cost Agreements|EPG 236.8.6.11(a)]], also apply to this Moving Cost Agreement.<br /> <br /> The owner of a business, farm operation or nonprofit organization may elect the self-move option to move their &quot;routine&quot; personal property and employ a commercial mover to relocate items which his/her own forces are not capable of moving. When this occurs, two separate agreements must be provided, one covering the self-move (normally RA Form 236.8.6.11(c)), and the other the commercial move [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Commercial%20Mover%20Bids%20Form%20236.8.6.11.B.pdf (RA Form 236.8.6.11(b))]. The items covered by each agreement must be listed either on the back of the agreement or on a separate sheet attached thereto.<br /> <br /> If the entire move is to be conducted as a self-move, only one Moving Cost Agreement (RA Form 236.8.6.11(c)), will be used even though it is necessary to obtain separate estimates for moving different portions of the personal property involved. Reflect the combined total of the separate estimates in the agreement.<br /> <br /> See [[236.8 Relocation Assistance Program#236.8.6.4 Tangible Property Losses|EPG 236.8.6.4]], if &quot;Tangible Property Losses&quot; are involved.<br /> <br /> '''NOTE''': When a negotiated self-move moving payment is involved, as discussed under &quot;Step Four&quot; in [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(c)(1)]], it will be necessary to modify Moving Cost Agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.11.C.docx RA Form 236.8.6.11(c)], in the following manner:<br /> <br /> :1. Change the first paragraph of the first section of the agreement to read as follows: &quot;We are willing to move our personal property, as necessitated by the acquisition of right of way by your department for the above highway project, from (present location) to (new address) for $ .&quot;<br /> <br /> :2. Omit the first sentence in the third paragraph that relates to the lowest estimate amount. (This paragraph will then begin with the sentence that reads &quot;Please advise us etc.&quot;)<br /> <br /> :3. The fourth paragraph should be changed to read as follows: &quot;If there is a significant reduction in the personal property listed in our post-move inventory, as compared to our pre-move inventory, we understand that this agreement will be voided and that our payment will be for a lesser amount that is based on the cost of conducting our actual move.&quot;<br /> <br /> :4. The second paragraph of the second section of the agreement should be modified to read, &quot;We also agree that in the event there is a significant reduction in the personal property listed in your post-move inventory, as compared to your pre-move inventory, this agreement will be null and void and that your payment will be for a lesser amount that is based on the cost of conducting your actual move.&quot;<br /> <br /> All other portions of the agreement form can be used without modification.<br /> <br /> '''(d) Moving Cost Agreement; Actual Cost Option; Commercial or Self-Move; Business, Farm and Nonprofit Organization; Moving Cost Bids and/or Estimates Are Not Available''' [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Bids%20Not%20Avail%20From%20236.8.6.11.D.pdf (RA Form 236.8.6.11(d))]<br /> <br /> Moving Cost Agreement Form 236.8.6.11(d), is applicable when moving cost bids or estimates (whichever is required for the type of move involved) are not available due to the complexity of the move, either a partial or total displacement.<br /> <br /> Instructions for completing agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Commercial%20Actual%20Cost%20Residential%20Form%20236.8.6.11.A.docx Form 236.8.6.11(a)], as provided in [[236.8 Relocation Assistance Program#236.8.6.11 Moving Cost Agreements|EPG 236.8.6.11(a)]], also apply to this moving cost agreement.<br /> <br /> If required bids or estimates can be obtained for moving a portion of the items of personal property involved, but not for all of the items to be moved, use two separate agreements (Agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Commercial%20Mover%20Bids%20Form%20236.8.6.11.B.pdf RA Form 236.8.6.11(b)], or [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.11.C.docx Form 236.8.6.11(c)], whichever is applicable, covering items included in moving cost bids or estimates and [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Bids%20Not%20Avail%20From%20236.8.6.11.D.pdf RA Form 236.8.6.11(d)], covering items not included in the bids or estimates.) A combination commercial and self-move, with or without cost bids or estimates, can also be approved by using separate appropriate agreement forms covering the different types of moves and/or situations involved.<br /> <br /> When this agreement form is used (RA Form 236.8.6.11(d)), relocation agents must ensure that relocatees fully understand the necessity for maintaining cost records and documentation as set out in the Moving Cost Agreement.<br /> <br /> '''NOTE''': If tangible property losses are involved, as discussed in [[236.8 Relocation Assistance Program#236.8.6.4 Tangible Property Losses|EPG 236.8.6.4]], provide the facts involved to the Right of Way Section and ask for assistance in writing a Moving Cost Agreement to cover the specific situation.<br /> <br /> If the pre-move inventory requirement has been waived, as could occur under the conditions discussed in [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(c)(1)]], omit Item No. 1 under required documentation in the agreement.<br /> <br /> ===236.8.6.12 Claim Forms - Actual Cost Moving Cost Payments===<br /> <br /> '''(a) Claim Form; Actual Cost; Commercial Mover''' [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Commercial%20Form%20236.8.6.12.A.docx (RA Form 236.8.6.12(a))]<br /> <br /> RA Claim Form 236.8.6.12(a) is applicable for use by all relocatees who employ a moving firm to move their personal property and claim reimbursement for the actual costs involved. The form is applicable for residential, business, farm and nonprofit organization moves.<br /> <br /> The cost of moving two or more types of personal property (for example - residential and business) can be included in the same claim '''provided that''' all such personal property was included in the same moving cost bids and in the same moving cost agreement. Such residential and business moving costs could not be combined in the same claim if separate bids were obtained for each type move and/or if separate moving cost agreements were used.<br /> <br /> General information concerning claim forms previously discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8]](d), also applies to this form.<br /> <br /> The following detailed information concerning RA Claim Form 236.8.6.12(a) covers only those points that are most likely to be misunderstood. If any unforeseen problem arises in completing those portions not discussed herein, the Right of Way Section should be contacted for guidance.<br /> <br /> In the first section following the heading, include mobile homes that are classified as '''real''' property in the space provided for &quot;Residential&quot; and mobile homes classified as '''personal''' in the space labeled &quot;Mobile Home.&quot;<br /> <br /> The second line in this section of the form concerning department assistance in locating replacement property relates to the actual replacement property that the subject relocatee occupied after being displaced.<br /> <br /> If a new building was constructed, show whether it was a residential or commercial building in the spaces provided. (This relates only to the major building(s) involved, which actually housed the relocatee and does not include sheds, storage buildings, etc.)<br /> <br /> If two or more moving firms are involved and their names and addresses will not fit in the space provided, insert the words &quot;see attached sheet&quot; in the appropriate space. <br /> <br /> In the second section of the form show the correct amounts in the proper spaces as required to complete the form.<br /> <br /> When only one &quot;Moving Cost Agreement&quot; is involved, the amount on the first line must be the same figure approved in the &quot;Moving Cost Agreement.&quot; If two or more agreements are involved, show the combined total of all agreements in this space. (If it is necessary to adjust the original low bid due to a reduction in the post-move inventory as compared to the pre-move inventory, as discussed in Step 7, [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(b)(1)]], the revised amount should be shown on line one instead of the bid that was included in the moving cost agreement which will have been voided under the circumstances.)<br /> <br /> The second line relates to the actual moving cost paid to the moving firm(s), unless the move was over 50 miles distance, in which case, the prorated amount would be shown. If more than one moving firm was involved, show the combined total cost of the basic move. (The &quot;basic move&quot; relates to the cost of services performed by the moving firm and does not include any separate incidental moving cost expenses.)<br /> <br /> On the third line show either the amount set out on line 1 '''or''' line 2, whichever is the lesser. The amount on line 3 must match the amount shown on either line 1 or line 2.<br /> <br /> Storage costs, when claimed on line 4, must be supported as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(a)(1)]]. If storage costs were not involved, mark this line &quot;N/A.&quot; (The same applies to any other line that is not applicable to a subject claim.)<br /> <br /> If a relocatee's personal property is moved into storage, he/she can submit a claim for the cost of moving it from the property acquired as right of way to the storage area as soon as the move is completed, and later submit a separate claim for the storage bill and, if applicable, the cost of moving from storage to the replacement property. (The storage cost and the cost of moving the personal property from storage to the replacement property must be included in the same claim.) Review the NOTE at the end of EPG 236.8.6.3(a)(1), if the cost of moving personal property from storage to a replacement property is involved.<br /> <br /> When a separate claim is submitted at a later date for storage and/or a second move, it is not necessary to repeat the factual data '''included''' on the original claim; however, the heading of the second claim must be completely filled out. Under &quot;Comments&quot; make a statement as follows: &quot;This is a second moving cost claim covering storage (and, if applicable, movement from storage). Factual data not included on this claim was provided on the original.&quot;<br /> <br /> When two claims are to be filed under the above circumstances, use the &quot;Exception&quot; space in the relocatee's certificate, on the original (first) claim, to show that the subject claim does not include storage and/or movement from storage. This is the only situation when it is permissible to submit a moving cost claim that does not include full, final and complete payment of moving costs.<br /> <br /> The total cost of insurance premiums, if any, as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(a)(2)]], is to be shown on line 5.<br /> <br /> [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(a)(3)]], should be carefully reviewed if losses in moving and/or damages are claimed.<br /> <br /> It is possible that different companies are paid removal and installation costs. If so, include the accumulated total of all such billing in the space provided in the claim (Line No. 7) and support the figure with receipts from the companies involved. The various receipts would have to add up to the exact amount being claimed.<br /> <br /> If the costs which were incurred in advertising for packing and crating are applicable for reimbursement, as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(a)(4)]], the costs, and any other compensable incidental costs which do not fit into one of the other categories, can be shown on the line designated &quot;Other Incidental Expenses Identified As.&quot; These costs must be identified on the same line in the space provided.<br /> <br /> As noted, the costs of transportation, meals and temporary lodging are applicable only when residential moves are involved. [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(b)(2)]], should be reviewed when this type claim is involved to be sure that all required receipts are provided and that the amounts claimed are compatible with the department's policy concerning such payments.<br /> <br /> Expenses related to the search for replacement property, to be shown on line 10, are applicable only when businesses, farm operations or nonprofit organizations are being relocated. Review [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(5)]], when this type claim is involved and remember that the relocatee must provide a certified statement of the time spent in search and of the hourly wage rate that is applicable.<br /> <br /> '''Line 11''' has been provided for owners of businesses, farm operations and nonprofit organizations to claim tangible property losses as discussed in [[236.8 Relocation Assistance Program#236.8.6.4 Tangible Property Losses|EPG 236.8.6.4]]. Be sure, before approving a claim that includes this type payment, that the eligibility requirements outlined in the referenced subparagraph are complied with and that the required documentation is in the unit file.<br /> <br /> '''Line 12''' is for business, farm operations and nonprofit organizations to claim eligible reestablishment cost. Required documentation must be in the unit file to support the payments.<br /> <br /> The totals of the amounts shown on lines 3 through 12 must be shown in the space labeled &quot;Total Amount Claimed.&quot;<br /> <br /> When claims cover partial displacements, so note in the heading and use the form in the same manner as when any other moving costs are being claimed. Spaces that are not applicable for partial displacement should be marked &quot;N/A.&quot;<br /> <br /> If the claim includes full, complete and final moving cost expenses, make an entry of &quot;no exception&quot; in the appropriate space at the end of the first paragraph in the relocatee's certificate.<br /> <br /> The form is to be executed in the same manner as a Fixed-Schedule Moving Cost Claim, which is discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(d)]].<br /> <br /> The back of the form, considering previous explanations in EPG 236.8.7.8(d), is self-explanatory.<br /> <br /> '''NOTE''': In situations when business, farm or nonprofit organization moving cost bids could not be obtained, as discussed in [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(b)(2)]], mark both lines 1 and 2 on the claim form &quot;N/A&quot; and show the relocatees actual and documented basic moving costs on line 3. Strike the existing wording in line 3 and insert in lieu thereof &quot;actual costs.&quot; Explain why this action was taken under &quot;Comments&quot; on the back of the form.<br /> <br /> If the claim involves both the cost of moving some items which were included in moving cost bids and the actual cost of moving other items for which moving cost bids could not be obtained, mark lines 1 and 2 &quot;N/A&quot; and change the wording on line 3 to read &quot;basic moving cost payment due.&quot; Obviously line 3 should then reflect the amount due for conducting the basic move, exclusive of incidentals. (The amount on line 3 would include the actual, reasonable and documented cost of moving the items not included in a moving cost bid '''plus''' the low approved bid(s) covering the balance of the items moved.) Explain what was done and why under &quot;Comments&quot; or, if additional space is required, on an attached sheet.<br /> <br /> '''(b) Claim Computations When Some Items of Substitute Personal Property Involved''' [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Commercial%20Form%20236.8.6.12.A.docx (RA Claim Form 236.8.6.12(a))].<br /> <br /> The cost of substitute items, as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(7)]], must be added to the actual fee paid to the moving firm for moving the '''balance''' of the personal property involved and the total thereof is to be reflected on line 2 in the computation section of the claim form. (If the move exceeded 50-mile distance, the actual fees paid for moving the balance of the personal property would be limited to the cost of a 50-mile move, unless the distance limitation had been waived by the Right of Way Section.)<br /> <br /> Do not include any incidental costs on lines 4 through 8 that relate directly to substitute items.<br /> <br /> '''(c) Claim Computations When Entire Claim Based on Cost of Substitute Items''' (RA Claim Form 236.8.6.12(a)).<br /> <br /> Normally only lines 2 and 3 need be completed in the computations section of the claim form when the moving cost payment for '''all''' of the items involved in the subject claim was limited to the cost of substitute items. Reflect the total of such replacement costs on line 2 and the same amount on line 3. This amount will normally be the &quot;total amount claimed&quot; by the relocatee as his/her moving cost payment. (No incidental costs will be included in the payment under this circumstance; however, it is possible that a &quot;search cost&quot; as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(5)]], could be applicable.)<br /> <br /> Make an entry under &quot;Comments&quot; on the back of the claim form to explain that the payment was based on the cost of substitute items as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(7)]].<br /> <br /> All other portions of the claim form should be completed in the routine manner or marked &quot;N/A&quot; if applicable under the circumstance. <br /> <br /> '''(d) Claim Form; Actual Cost; Self-Move''' [http://eprojects/Templates/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.12.D.pdf (RA Form 236.8.6.12(d))]<br /> <br /> RA Claim Form 236.8.6.12(d) is to be used in all cases when a residential, business, farm operation or nonprofit organization self-move is involved.<br /> <br /> The cost of moving two or more types of personal property, for example, residential and business, can be included in the same claim '''provided that''' all such personal property was included in the same moving cost estimates and in the same moving cost agreement.<br /> <br /> General information concerning claim forms previously discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(d)]], also apply to this form.<br /> <br /> The following detailed information concerning RA Claim Form 236.8.7.12(d) covers only those points that are most likely to be misunderstood. If any unforeseen problem arises in completing those portions not discussed herein, the Right of Way Section should be contacted for guidance.<br /> <br /> In the first section following the heading include mobile homes that are classified as '''real''' property in the space provided for &quot;Residential&quot; and mobile homes classified as '''personal''' in the space labeled &quot;Mobile Home.&quot;<br /> <br /> The second line in this section of the form, concerning department assistance in locating replacement property, relates to the actual replacement property that the subject relocatee occupied after being displaced.<br /> <br /> If a new building was constructed, show whether it was a residential or commercial building in the spaces provided. (This relates only to the major building(s) involved, which actually housed the relocatee and does not include sheds, storage buildings, etc.)<br /> <br /> In the second section of the form show the correct amounts in the proper spaces as required to complete the form.<br /> <br /> If moving cost estimates were obtained, and only one &quot;Moving Cost Agreement&quot; is involved, the amount on the first line must be the same figure approved in the &quot;Moving Cost Agreement.&quot; If two or more agreements are involved, show the combined total of all agreement in this space.<br /> <br /> If the original Moving Cost Agreement was voided, due to the fact that the relocatee did not move all of the personal property included in the cost estimates, show the estimated charge that would have been made by a commercial mover for conducting the actual move on line 1 in lieu of the original approved low bid(s). Show the &quot;negotiated&quot; (agreed) moving cost payment on line 2. (Normally lines 1 and 2 will reflect the same amount.) Complete line 3 in the normal manner.<br /> <br /> In situations when moving cost estimates could not be obtained for a business, farm or nonprofit organization move, in which case Moving Cost Agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Bids%20Not%20Avail%20From%20236.8.6.11.D.pdf Form 236.8.6.11(d)], would have been used, mark both lines 1 and 2 &quot;N/A&quot; and show the relocatees actual and documented basic moving cost on line 3. Under this circumstance, &quot;strike out&quot; the existing wording on line 3 and insert in lieu thereof &quot;actual costs.&quot; Explain why this action was taken under &quot;Comments&quot; on the back of the claim form.<br /> <br /> If the claim involves both the cost of moving some items which were included in moving cost estimates and the actual cost of moving other items for which moving cost estimates could not be obtained, mark lines 1 and 2 &quot;N/A&quot; and change the wording on line 3 to read &quot;basic moving cost payment due.&quot; Obviously line 3 should then reflect the amount due for conducting the basic move, exclusive of incidentals. (The amount on line 3 would include the actual, reasonable and documented cost of moving the items not included in a moving cost estimate '''plus''' the low approved estimate(s) covering the balance of the items moved.) Explain what was done and why under &quot;Comments&quot; or, if additional space is required, on an attached sheet.<br /> <br /> Instructions in preceding [[236.8 Relocation Assistance Program#236.8.6.12 Claim Forms - Actual Cost Moving Cost Payments|EPG 236.8.6.12(a)]], relating to lines 4 through 12 on [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Commercial%20Form%20236.8.6.12.A.docx RA Claim Form 236.8.6.12(a)], also apply to the subject claim.<br /> <br /> When claims cover partial displacements, so note in the heading and use the form in the same manner as when any other moving costs are being claimed. Spaces that are not applicable for partial displacement should be marked &quot;N/A.&quot;<br /> <br /> If the claim includes full, complete and final moving cost expenses, make an entry of &quot;no exception&quot; in the appropriate space at the end of the first paragraph in the relocatee's certificate.<br /> <br /> The form is to be executed in the same manner as a fixed-schedule moving cost claim, which is discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(d)]].<br /> <br /> The back of the form, considering previous explanations in EPG 236.8.6.8(d) is self-explanatory.<br /> <br /> '''(e) Claim Computations When Substitute Personal Property Involved Claim''' [http://eprojects/Templates/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.12.D.pdf (Form 236.8.6.12(d)]).<br /> <br /> The cost of substitute items, as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(7)]], must be included in the amount shown on lines 1 and 2 (if line 2 is used) in the computations section of the claim form. Be very sure that there is no duplication of payments, which would exist if the cost of moving such items were also erroneously included in the low estimate and/or in the negotiated moving cost payment. Add the words &quot;plus the cost of substitute items&quot; to the heading on line 1. Do not include any incidental costs on lines 4 through 8 that relate directly to substitute items.<br /> <br /> When the moving cost payment for all of the personal property involved is based on the cost of substitute items, show the total amount on line 3. (Mark lines 1 and 2 &quot;N/A&quot;.) This will normally be the &quot;total amount claimed&quot; by the relocatee as his/her moving cost payment. (No incidental costs can be included under this circumstance; however, it is possible that a &quot;search cost&quot; as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(5)]], could be applicable.)<br /> <br /> In either case, make an entry under &quot;comments&quot; on the back of the claim form to explain that either a portion of the payment, or, if applicable, the entire payment, is based on the cost of substitute items as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(7)]].<br /> <br /> All other portions of the claim form should be completed in the routine manner or marked &quot;N/A&quot; if applicable under the circumstance involved.<br /> <br /> '''(f) Moving Cost Claim; Combined Moves Including Both Commercial Moves and Self-Moves'''<br /> <br /> When relocatees employ a commercial mover to conduct part of their move and conducts the balance as a self-move, they should use [http://eprojects/Templates/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.12.D.pdf RA Claim Form 236.8.6.12(d)], in claiming their moving cost payment. The following additions and changes should be made in the claim form under this circumstance.<br /> <br /> :1. Add the words &quot;Combined Commercial Self-Move&quot; at the top of the form.<br /> <br /> :2. Insert the words &quot;see attached sheet&quot; in the blank spaces on lines 1 and 2 in the computations section of the form.<br /> <br /> :3. Change line 3 to read &quot;Basic Moving Cost Payment Due.&quot; (Show the amount in the blank space on this line that the relocatee is entitled to receive as his/her basic moving cost payment, exclusive of incidentals, including both the commercial move and the self-move.)<br /> <br /> :4. Attach a sheet explaining how the amount on line 3 was computed. Follow normal procedures in making the determination using applicable policy that applies to each type of move. The amount will normally be a total of the actual cost (or low approved bid) of the commercial move plus the approved moving cost estimate relating to the self-move.<br /> <br /> Complete the balance of the claim form in the routine manner.<br /> <br /> '''NOTE''':Tenant-Owned LP (Liquified Petroleum) Tanks<br /> <br /> The Relocation Agent should estimate the reasonable and customary charge to move the LP tank and use that figure, if acceptable, on the actual cost - self-move claim form. No moving cost agreement is necessary. Liquified petroleum suppliers should be contacted to establish what is reasonable and customary for moving their tanks. Costs could vary depending upon distances traveled, size and accessibility for tank removal.<br /> <br /> ==236.8.7 Relocation Assistance Program - Fixed Payment Moving Payments - Businesses, Farm Operations and Nonprofit Organizations==<br /> <br /> ===236.8.7.1 Fixed Payments - Businesses===<br /> <br /> '''(a) Payment Eligibility Requirements'''<br /> <br /> The owner of any business that qualifies for a moving cost payment can elect to claim a fixed payment for moving '''instead''' of a moving cost payment based on actual cost plus related expenses, '''provided''' that the additional eligibility requirements outlined in the following four subparagraphs are satisfied.<br /> <br /> '''NOTE''': The terms &quot;fixed payment,&quot; &quot;in-lieu payment&quot; &quot;displaced business,&quot; &quot;displaced farm operation&quot; &quot;and displaced nonprofit organization payment,&quot; and &quot;fixed payment for moving expenses, non-residential moves&quot; are synonymous.<br /> &lt;div id=&quot;(1) Business must&quot;&gt;&lt;/div&gt;<br /> :'''(1) Business must Contribute Materially to its Owner's Income'''<br /> <br /> :Only displaced lawful businesses that contribute materially to their (owner's) income can qualify for a fixed moving payment.<br /> <br /> :The following procedure is a three-point test to determine material contribution. The business must meet '''one''' of these tests:<br /> <br /> ::'''Test 1''': Combine the business' average annual '''gross''' receipts for the two taxable years prior to the year in which it is displaced and divide the total by two. If the conclusion is $5,000 or more, the business will be considered to contribute materially to its owner's income.<br /> <br /> ::'''Test 2''': Combine the business' average annual '''net''' earnings for the same two taxable years discussed in test (1) and divide the total by two. If the conclusion is $1,000 or more, the business will be considered to contribute materially to its owner's income.<br /> <br /> ::'''Test 3''': Step (a): Combine the owner's annual '''gross''' income from all sources for the same two taxable years period discussed in test (1) and divide the total by two.<br /> <br /> ::Step (b): Combine the annual '''gross''' income produced by the business during the same two taxable years and divide the total by two.<br /> ::Step (c): Divide the annual gross income produced by the business by the owner’s annual gross income. If the result equals or exceeds 33 1/3% of the owner's annual gross income, the business will be considered to contribute materially to its owner's income.<br /> <br /> :If the business has not been in operation, or has not been operated by the current owner (relocatee), for the entire two taxable years period, base the above &quot;tests&quot; on the actual period of the owner's operation projected to an annual rate. (Determine the total gross receipts, net earnings or gross income, whichever is applicable for the &quot;test&quot; involved, during the actual period of the current owner's operation. Divide the conclusion by the number of months of operation by the current owner. Multiply that conclusion by 12 to determine the annual average.)<br /> <br /> :It is permissible, with concurrence from the Right of Way Section, to use a different period, if more equitable and/or different criteria, if the above criteria create an inequity or hardship.<br /> <br /> :The term &quot;lawful business&quot; relates to any business not prohibited by law. (Businesses operating in violation of zoning ordinances and/or laws, except those legally operating under a &quot;grandfather clause,&quot; will be considered unlawful.) It is possible for a lawful business to be operating illegally due to the improper licensing. Lawful businesses operating with license deficiencies will, if otherwise qualified, normally be eligible for fixed moving payments. Relocation personnel are responsible for determining whether or not a business is lawful, but are not required to determine that all licensing requirements have been complied with.<br /> <br /> :Relocatees who claim fixed payments must provide copies of their federal income tax returns for the two applicable tax years to prove (1) that the business operation meets the &quot;material contribution&quot; test, and (2) for use in computing the amount of their fixed payment. (Only the portion of the tax returns necessary to prove material contribution and average annual net earnings is required.)<br /> <br /> :Income information provided by the relocatees may be verified with the U. S. Internal Revenue Service if for any reason the amount of net income appears questionable. The owner or officer of any displaced business who claims a fixed moving payment must sign on IRS Form 4506 designating the Missouri Department of Transportation to receive copies of the tax forms necessary to verify income. The district may if there is reason to question income, send this form to the IRS when the relocate submits a signed claim for the fixed payment. The claim may be sent to the division for payrolling; however, the check for the fixed payment should not be delivered to the relocatee until income information provided by them is verified with the copies received from the IRS. The district should obtain copies of the 4506 form from the IRS.<br /> <br /> :In every instance, copies of federal income tax returns used to support and/or document relocation claims must contain, or have attached, the following '''signed''' statement:<br /> <br /> ::&quot;This copy of my 20XX income tax return contains exact and identical information to that contained in my original return submitted to the Federal Internal Revenue Service.&quot;<br /> <br /> ::&quot;I/we am/are currently receiving the following nontaxable income..&quot;<br /> <br /> :The portion of the certification relating to nontaxable income is required '''only''' in cases when the &quot;material contribution&quot; eligibility requirement is based on Test (3) discussed on page 1. It is '''not''' required when the determination is based on either Test (1) or (2). (As explained in EPG 236.8.8.1(f), nontaxable income is of no consequence in determining &quot;average annual net earnings&quot; for use in payment computations.)<br /> <br /> :(The relocatee must itemize any tax exempt income '''currently''' being received, such as social security payments, welfare payments, etc., that are not included in federal income tax returns.)<br /> <br /> :Date ____________________________ Signed ____________________________<br /> <br /> <br /> :Should a relocatee's income be so small that he/she is not required to file a federal income tax return, a signed and notarized statement of his/her total annual income and expenses can be accepted in lieu of a tax return.<br /> <br /> :'''(2) Requirement Concerning Inability to Relocate Businesses Without Substantial Loss of Existing Patronage'''<br /> <br /> :To qualify for a fixed payment, it must be determined that the business cannot be relocated, or in case of a partial acquisition, that it can neither continue to operate on the remaining property or be relocated, without a substantial loss of its &quot;existing patronage.&quot;<br /> <br /> :The word &quot;patronage&quot; as used in the term &quot;substantial loss of existing patronage&quot; relates to either &quot;clientele&quot; '''or''' &quot;net earnings.&quot; A business that cannot be relocated or continued in its present location without suffering a substantial loss of '''either''' its clientele '''or''' net earnings meets this eligibility requirement. (When nonprofit organizations are involved, &quot;patronage&quot; relates to membership or clientele.)<br /> <br /> :When making a determination concerning the ability to satisfactorily relocate the business, keep in mind that a business is assumed to suffer a substantial loss of its existing patronage '''unless''' the department proves otherwise. (The business owner should be given the benefit of reasonable doubt concerning his/her ability to relocate.)<br /> <br /> :When the owner of a business that is being displaced takes the position that the business cannot be relocated (or continue to operate on the remainder property) without a substantial loss of its existing patronage, the district must agree, '''or'''<br /> <br /> ::'''(A) if the business owner is a tenant''', locate an available replacement property (which will enable the business to retain its existing patronage) within the same general area that can be rented for an amount that is considered reasonable for the business involved, or, show the business owner how he/she can obtain financing to purchase an available and suitable replacement business property which requires monthly or annual payments that do not substantially exceed the rental fee being paid for the building acquired as right of way by the department,<br /> <br /> ::'''(B) if the business owner also owns the business property on which it is located''', the district must (1) locate an available replacement business property, (which will enable the business to retain its existing patronage) within the general area, that can be purchased for an amount not substantially higher than the amount offered and/or paid for the acquired business property by the department, (2) show the owner a suitable replacement, within the general area, which can be rented or leased for an amount reasonably applicable to the type business involved, or (3) reasonably prove that the owner can build a replacement within the general area for an amount that does not substantially exceed the amount offered and/or paid to him/her by the department for the acquired property. (If the right of way acquisition includes property other than the subject business property, it will be necessary to prorate the department's right of way offer and/or payment to determine the amount applicable to the business property when making the above determination.)<br /> <br /> :A replacement business location that is available for rent, which meets the needs of the business involved, '''can''' be considered a suitable replacement business property if the rental fee for such replacement does not substantially exceed an amount equal to the &quot;cost of owning the subject property.&quot; (The &quot;cost of owning the subject property&quot; can be determined by considering the subject's taxes, insurance, upkeep, etc., as well as a reasonable return on the money invested in such property.) The &quot;cost of owning&quot; and &quot;cost of renting&quot; can be computed either on a prorated monthly cost basis or on an annual cost basis.<br /> <br /> :Displaced business owners who intend to reestablish their businesses after displacement can, if otherwise eligible, qualify for and be paid a fixed payment if they contend that the business will lose a substantial portion of its existing patronage after being reestablished, unless the district disagrees and documents the unit file to provide sound reasons in support of a decision that such loss will not occur.<br /> <br /> :Additional noncompensable expenses which the owner would experience in moving to and operating at a potential replacement site should be considered when determining whether or not he/she will lose a substantial portion of the existing patronage, for example, the need to borrow additional capital, inability to secure additional financing and other related problems of this nature.<br /> <br /> :The fact that the owners of a displaced business intend to purchase or establish a different '''type''' of business after displacement has no effect on their eligibility for a fixed payment.<br /> <br /> :The fact that the owners of a displaced business intend to discontinue their business after displacement is not a factor in determining eligibility for a fixed payment. The owners will be eligible for the payment if they meet all eligibility requirements. They will not be eligible for such payment if a replacement business site is available which would enable them to continue their operation without a substantial loss of existing patronage. (This point must be explained to relocatees who advise that they plan to discontinue their operation after displacement and the Relocation Agent's Report must be documented to show that the explanation was so provided.)<br /> <br /> '''NOTE''': There is no circumstance that will permit a business owner to be paid a fixed payment and also receive reimbursement for the cost of moving the subject business.<br /> <br /> :'''(3) Requirement Eliminating Chain - Store and Multi - Location Businesses (this requirement does not apply to farms and nonprofit organizations)'''.<br /> <br /> :To qualify for this type payment the business must not be part of a commercial enterprise having more than three other entities which are not being acquired by the department and which are engaged in the same or similar business. (A business which does not contribute materially to the owner's income, using the three-point test discussed in the preceding subparagraph, is not considered &quot;another entity&quot; and does not normally disqualify the owner for receiving a fixed payment.)<br /> <br /> :To be declared ineligible for a fixed payment under this requirement both the business being displaced and the similar businesses not being acquired must have a common ownership. Businesses and corporations are both considered to have common ownership, even though they are known by different business or corporation names, if their owners are the same individuals.<br /> <br /> :If family-owned businesses are involved which do not reflect identical ownerships, provide the pertinent facts to the Right of Way Section and request a determination concerning payment eligibility.<br /> <br /> :Displaced business owners who own other similar businesses not being acquired at the initiation of negotiations for the subject parcel may become eligible for a fixed payment if they dispose of such other businesses prior to actual displacement of the subject business, (provide all facts to the Right of Way Section and request a payment eligibility determination). Relocatees who acquire another similar business after the initiation of negotiations (which is not a replacement for the displaced business) may lose their eligibility for an fixed payment; again provide the facts to the Right of Way Section and request an eligibility determination.<br /> <br /> :The private '''owners''' of a displaced business who are merely operating under a chain store name are qualified for a fixed payment, provided that they meet the other eligibility requirements.<br /> <br /> :The owner of a displaced business who also owns a corporation which holds title to the property on which the business is located, and, the owner of a displaced business which has been incorporated who also owns the property on which the business is located '''cannot''' be paid separate payments for the business and for the corporation. The incomes from both the business and the corporation, which would normally be the average annual net earnings of the business and the average annual rentals paid by such business for the site on which it is located, can be combined, however, in computing the owner's total average annual net earnings on which the one fixed payment will be based. (If some of the business owners and corporation owners, but not all of such owners, are the same persons, contact the Right of Way Section for a determination concerning eligibility for two separate fixed payments.)<br /> <br /> :If a situation is encountered where the degree of similarity between a displaced business and another business owned by the same person or firm is marginal, the district can, if it so desires, submit its recommended decision to the Right of Way Section for concurrence. (The same is true if the degree of ownership in the &quot;similar business&quot; is so small that the question of payment eligibility cannot be firmly established.)<br /> <br /> :'''(4) Requirement Concerning Time and Location'''<br /> <br /> :To qualify under this requirement the subject business must be operated by the current owner on the property being acquired at the initiation of negotiations for the subject property '''OR''' at the time such property was actually acquired by the department.<br /> <br /> :&quot;Notices of Intent to Acquire-Relocation&quot; are not normally provided to owners of businesses, farm operations and nonprofit organizations; however, should a notice of this type be provided, the date of the notice will be used, in lieu of the initiation of negotiations date in determining whether or not applicable eligibility requirements have been met.<br /> <br /> :'''(5) Businesses Owned by Estates'''<br /> <br /> :An estate is eligible for a fixed payment, '''if''' otherwise qualified, when the business is owned by the estate is displaced.<br /> <br /> :'''(6) Business Sells After Initiation of Negotiations'''<br /> <br /> :If the owner of a business scheduled for acquisition sells the business to another party after right of way negotiations are initiated for the subject property, or after receipt of a &quot;Notice of Intent to Acquire-Relocation,&quot; they will not normally be eligible for a fixed payment. The new owner of the business, '''if otherwise eligible''', could normally qualify for the payment '''if''' they continue the business operation '''on the subject property''' until it is acquired.<br /> <br /> :'''(7) Displacement Must be the Direct Result of Acquisition'''<br /> <br /> :Business owners cannot qualify for a fixed payment unless they are displaced as a direct result of the acquisition of real property; therefore, owners who relocate or discontinue their operation because of a change in the highway such as being placed on an outer roadway, because of changes in the flow or direction of traffic, or because of the removal of crossover connections, or other changes which can be accomplished through police powers and without compensation to the property owners, are not eligible for this type payment. This is true even though the owners may lose a substantial portion of their existing patronage due to the noncompensable changes in the highway.<br /> <br /> :This policy also applies when a portion of the real property or a compensable right was acquired by the department that did not '''in itself''' justify the displacement, even though a noncompensable change in the highway did cause the operation to lose a substantial portion of its existing patronage.<br /> <br /> '''(b) Two or More Business Operations, Same Site and Same Owner'''<br /> <br /> It is often difficult to determine whether different types of business activities conducted on the same property by the same individual or firm actually constitute more than one business operation. If so, the owner of the businesses would be entitled to separate fixed payments for each business that qualified for this type payment. If it is determined that the business activities complement each other and are so closely related that only one actual business is involved, only one fixed payment can be made.<br /> <br /> The following are broad guidelines that can be used in making a determination as to the number of actual businesses involved.<br /> &lt;div id=&quot;When several business activities&quot;&gt;&lt;/div&gt;<br /> :'''(1)''' When several business activities, located on the same property and operated by the same party, which are closely related and complement each other, are all located within acquisition, they will normally be considered as one business. This is especially true if it is necessary to combine the income from all of the activities to produce a reasonable business profit.<br /> <br /> :This type situation would probably exist; for example, when one party operates a small &quot;Mom and Pop&quot; store, filling station and small motel all on the same parcel. If, in this type situation, a partial acquisition removes one or more of the separate activities (and leaves at least one), contact the Right of Way Section for instructions as each case of this kind must be judged on its own merit.<br /> <br /> :'''(2)''' If the different activities are not related and if they do not compliment each other, they will normally be considered as separate businesses and the owner will be entitled to separate fixed payments, provided that each business qualifies on its own merits. (It is not necessary that the different business activities be relocated to the same site.)<br /> <br /> :It is possible that one business, in this type situation, could be relocated without a substantial loss of either its average annual net earnings or clientele and another could not. In this case, the owner could be paid a moving cost claim covering the cost of relocating the one business and a fixed payment on the other.<br /> <br /> Other factors to be considered in making a multi-business determination is the extent to which:<br /> <br /> ::'''(1)''' the same premises and equipment are shared,<br /> <br /> ::'''(2)''' substantially identical or interrelated business functions are carried out and business and financial affairs are commingled,<br /> <br /> ::'''(3)''' the entities are held out to the public, and to those customarily dealing with them, as one business,<br /> <br /> ::'''(4)''' the same person, or closely related persons own, control or manage the affairs of the entities.<br /> <br /> If any doubt exists concerning the number of separate businesses that exist on a parcel, submit all facts to the Right of Way Section for final determination. (Always advise whether the relocatee files separate income tax schedules on the different activities involved or combines and reports the overall income as having been produced by one business operation.)<br /> <br /> '''(c) Businesses Affected by Partial Acquisitions'''<br /> <br /> The owner of businesses located on parcels which are partially acquired for right of way purposes (including partial access acquisition) are not eligible for a fixed payment if they do not qualify as being displaced and are physically and legally able to continue their operation on their remaining property, or if they are able to relocate the business, without a substantial loss of existing patronage.<br /> <br /> Business owners who also own the property on which the business is located cannot normally qualify for a fixed payment when the right of way payment is adequate to pay for rearranging their remaining facilities to enable them to continue the operation.<br /> <br /> Business tenants of properties owned by persons who receive a right of way settlement adequate to reasonably &quot;cure&quot; the inadequacies caused by the acquisition, or who receive a part of the right of way consideration themselves, which is adequate to provide the &quot;cure,&quot; will not normally become eligible for this type of payment. If, however, the real estate owner did not receive a right of way payment that is sufficient to &quot;cure&quot; the deficiencies that prohibit continuation of the tenant's business operation and as a consequence does not intend to correct the deficiencies, the tenant (subject relocatee) will normally be eligible for the payment.<br /> <br /> Should a landlord who receives an adequate right of way settlement to enable him/her to &quot;cure&quot; the inadequacies caused by the acquisition elect not to correct such inadequacies, so advise the Right of Way Division office and request specific instructions covering the business tenant's eligibility for a fixed payment.<br /> <br /> The future effect of a partial acquisition on an existing business could be highly controversial and decisions made by the district concerning eligibility for fixed payments would have to be well thought out, documented and explained in the unit file. The Right of Way Section will assist in making these decisions when requested to do so. Statements provided in the appraisals concerning costs to cure and the effect of the subject acquisition on future business operations can be very beneficial in making eligibility decisions and can also provide good documentation for the relocation file to support final conclusions.<br /> <br /> '''NOTE''': The owner of a business cannot qualify for a fixed payment if he/she elects to continue operating on the property remaining after the acquisition, even though it is mutually agreed that the business will suffer a substantial loss of its average annual net earnings if continued on such remainder, '''if''' a suitable replacement business site is available which would enable him/her to relocate and continue the business without a &quot;substantial loss.&quot;<br /> <br /> '''(d) Rental Property'''<br /> <br /> If the business is operated at the displaced site solely for the purpose of renting to others, it is '''not''' qualified for this payment. This includes building or land rentals.<br /> <br /> '''(e) Junkyards'''<br /> <br /> Owners of legally located and legally operated junkyards can be paid fixed payments if their business operations meet all eligibility requirements.<br /> <br /> Legal junkyards displaced under the Highway Beautification Act, which meet routine eligibility requirements, are eligible for assistance and payments under the Relocation Program. Application of the Relocation Program under this circumstance will normally involve unusual and complicated conditions. As a result, the districts should in every case submit proposed relocation payment offers to the Right of Way Section for concurrence prior to making commitments to the relocatees involved.<br /> <br /> Fixed payments cannot be made to the owners of illegal junkyards. When an illegal junkyard is displaced, contact the Right of Way Section for special instructions.<br /> <br /> '''(f) Payment Determinations'''<br /> <br /> The owners of a displaced business who qualify for a fixed payment are entitled to an amount equal to the average annual net earnings of their business, not to exceed a maximum payment of $40,000 or less than $1,000.<br /> <br /> The term &quot;average annual net earnings&quot; means one-half of any net earnings of the business, before federal, state, or local income taxes have been deducted, during the two taxable years immediately preceding the taxable year in which the business is displaced. (The business will be considered &quot;displaced&quot; on the date that it completely ceased its operation at the subject location.) Any compensation paid to the owners, their spouses and/or dependents shall be included in the computations of the &quot;average annual net earnings.&quot; All earnings and compensation should be established by federal income tax returns covering the two-year period. (See information relating to income tax returns in [[#(1) Business must|EPG 236.8.7.1(a)(1))]].<br /> <br /> If the two taxable years immediately preceding displacement are not representative, the district can, with prior approval from the Right of Way Section, base the &quot;average annual net earnings&quot; on a more representative period.<br /> <br /> Interest payments made by a business to the owners of the business (interest on money loaned to the business by its owner) '''cannot''' be included as a part of the average annual net earnings of the business.<br /> <br /> '''NOTE''': When a partial acquisition is involved, the owner of a business who is eligible for a fixed payment, due to being unable to either continue the operation on the remainder of the subject property or to relocate to a replacement site, may elect to continue operating on the remainder regardless of substantial loss of patronage. If so, the business will not actually cease to operate. Under this condition, the business will be &quot;displaced,&quot; as the term is used in this section, at the time the use of the area included within the right of way acquisition (or the use of other rights acquired by the department) are denied to the business owner.<br /> <br /> '''(g) Payment Computations'''<br /> <br /> :'''(1) Business Operated Two Full Taxable Years or More'''<br /> <br /> :If an eligible business was in operation under the same ownership for two full taxable years immediately preceding the taxable year in which it was displaced, add the net earning from each of the two preceding taxable years together and divide the total by two. The resulting figure represents the average annual net earnings. This amount will be paid to the owner if it exceeds $1,000, and does not exceed $40,000. (As previously stated, if the computed figure is less than $1,000, the minimum $1,000 payment will apply and if it exceeds $40,000, the payment will be limited to the $40,000 maximum.)<br /> <br /> :Should a loss occur in one year and a gain in the other, the year in which the loss was incurred should be considered as zero income when determining the average net income for the two-year period.<br /> <br /> :'''(2) Business Operated Less Than Two Full Taxable Years'''<br /> <br /> :If the current relocatee did not own the displaced business during the full two taxable year period, or if it was not located at the displacement site for the full period, the fixed payment will be computed by projecting its net earnings to an annual rate. Procedures for computing payments based on projected earnings are as follows. (Should any of the following procedures produce a fixed payment that is not representative of the business' average annual net earnings, so advise the Right of Way Section and request an alternate computation procedure.)<br /> <br /> ::'''A - Business Produced Net Earnings During the Two Taxable Years Prior to Displacement'''.<br /> <br /> ::Divide the total accumulated net earnings for all of the months the business operated prior to the taxable year of displacement by the number of months it operated during the same period and multiply the resulting figure by 12; for example, a business that had been originally established by its owner on August 1, 1984, was located on a parcel acquired by the department in November 1985. The business was required to vacate the parcel in February 1986, (income tax filed on calendar year basis).<br /> <br /> ::::Net earnings 1984 = $3,000 (5 months)<br /> <br /> ::::Net earnings 1985 = $7,000 (12 months)<br /> <br /> ::::$3,000 + $7,000 = $10,000 divided by 17 months = $588.24<br /> <br /> ::::$588.24 x 12 months = $7,058.88<br /> <br /> ::::Computed fixed payment = $7,058.88<br /> <br /> ::'''B - Business Produced No Net Income Prior to Taxable Year of Displacement'''.<br /> <br /> ::If the current owner's business did not produce net income at the subject site prior to the year of displacement, compute the payment in the same manner discussed in &quot;A&quot; above using the total net earnings and total months of operation during the year of displacement. (It is quite possible that the computed payment will not be representative when a brief period of operation is involved. If so, do not hesitate to request an alternate computation procedure.)<br /> <br /> ::When the net earnings produced by the business during the displacement year is used in the payment computations, it will normally be necessary to accept a certified financial statement from the relocatee, instead of a tax return, to document the claim.<br /> <br /> ::'''C - Seasonal Businesses'''.<br /> <br /> ::When a seasonal business is involved, one that is &quot;open for business&quot; for a limited period during a normal taxable year, divide the '''total''' accumulated net earnings produced during the entire period that the business was in existence (on the subject site and owned by the relocatee) by the total number of months the business operated during its open season, then multiply the resulting figure times the total months of annual open season; for example, a seasonal business was established on July 1, 1984. It has a 3 month open season per year (open to the public June, July and August). The department purchased the parcel in November 1985. Possession passed to department, February 1986.<br /> <br /> ::::Net earnings 1984 (operated July &amp; August = 2 months) = $2,000<br /> <br /> ::::Net earnings 1985 (operated all 3 months of season) = $3,000<br /> <br /> ::::$2,000 + $3,000 = $5,000 divided by 5 (business operated during 5 months of open season) = $1,000 average per month of open season x 3-month normal annual open season = $3,000 average annual net earnings. (Computed fixed payment is $3,000)<br /> <br /> '''NOTE''': An alternate procedure should be developed when a seasonal business was purchased by the current relocatee and displaced by the department prior to its &quot;open season.&quot; (In this case, there would be no income to project, which would create a nonrepresentative annual net earnings.)<br /> <br /> ::Special computation procedures will also be required when a substantial portion of a displaced business' annual net earnings are produced during a season and a small portion during the balance of the year. Regardless as to when the business is displaced, an unrealistic annual net earning would be developed by merely &quot;projecting&quot; the earnings during the limited period of operation. (A projection of the high earnings during the &quot;busy&quot; season would result in an unrealistic high annual earnings and a projection of the &quot;off-season&quot; earnings would be unfair to the relocatee.)<br /> <br /> ::When these, or other, unusual conditions are experienced, request alternate computation procedures from the Right of Way Section.<br /> <br /> ::'''D - Other Situations Which May Require Special Consideration in Determining Representative Annual Net Earnings'''.<br /> <br /> ::When unusual circumstances prevail which indicate that a different period of time (other than the two taxable years prior to displacement) should be used in determining a business' annual net earnings, so advise the Right of Way Section. Conditions which may justify an alternate period could exist when:<br /> <br /> :::1. The relocatee owned the same business while located at a different location during the two taxable years period.<br /> <br /> :::2. The relocatee purchased an existing established business during the two taxable years period.<br /> <br /> '''NOTE''': Changes in economic conditions not directly related to or caused by the acquisition will not normally be justification for using an alternate two-year period.<br /> <br /> ===236.8.7.2 Fixed Payments - Farm Operations===<br /> <br /> '''(a) Payment Eligibility Requirements'''<br /> <br /> For the owner of a displaced farm operation to be entitled to a fixed payment the department must determine:<br /> <br /> :(1) That the farm operation contributes materially to its owner's income.<br /> <br /> :Review [[236.8 Relocation Assistance Program#236.8.7.1 Fixed Payments - Businesses|EPG 236.8.7.1(a)(1)]], which is fully applicable when a farm operation is involved.<br /> <br /> :(2) That the farm operation was owned by the relocatee and existed on the property being acquired by the department at the initiation of negotiations for the subject property, '''or''' at the time such property was actually acquired by the department.<br /> <br /> :(3) That the farm operator has completely discontinued his/her existing farm operation at the present location.<br /> <br /> In the case of a partial acquisition, the farm operation will be considered to have been displaced if the property remaining after the right of way acquisition is no longer an economic unit for the '''same type''' of farm operation that was being conducted prior to the acquisition. (As a consequence, the farm operation will be considered as being displaced if the acquisition necessitates a substantial change in the principal operation or in the nature of the existing farm operation.) This determination will normally be made during the appraisal process. If the appraisals are not clear concerning this point, the appraisers should be requested to provide addenda expressing and justifying their positions. If there is a difference of opinion, the district Right of Way Manager will make the determination. The unit file must be documented accordingly. (Should the owners of a farm operation who are eligible for a fixed payment due to a partial acquisition move the operation to another location, they could claim a moving cost payment instead of the fixed payment if they so desire.)<br /> <br /> '''NOTE''': Before approving a farm fixed payment when a partial acquisition is involved, the district '''must''' determine, and comment in the unit file, that (1) all farming operations have completely ceased on the remaining property, (2) that any farm operation being conducted on such remainder is '''substantially different''' in nature from the operation that existed prior to the acquisition, '''or''' (3) if the same, or not substantially different, type of farm operation is being conducted on the remainder as existed prior to the acquisition, that such operation has of necessity been so '''substantially reduced''' in size as compared to the prior operation that the change is equal to a displacement. (Concurrence must be obtained from the Right of Way Section before a payment can be approved when the last situation exists.<br /> <br /> If the acquisition causes a farming operation to be displaced, the owner is entitled to this payment, if otherwise eligible, even though other replacement farms are available for purchase or rent in the area. The relocatee can relocate and continue the farm operation at a new location without affecting his/her eligibility for this type payment.<br /> <br /> If farm operators are using two separate farms in their overall farming operation, they are not normally entitled to a fixed payment even though one of the units is reduced to an uneconomic unit by a right of way acquisition if they can continue to operate on the remaining unit without a substantial reduction or change in the overall operation. If the operators have two distinctly different farm operations at two different and disconnected locations (neither operation related to or dependent on the other), they can be paid a fixed payment, if otherwise eligible, if one of the operations is displaced by a right of way acquisition. The fact that farm operators have other farming operations that are not affected by the highway improvement does not affect their eligibility for this type payment.<br /> <br /> '''(b) Actual Owner of Farm Operation Receives Payment'''<br /> <br /> If a sharecropper or tenant is actually conducting the farming operation that is being displaced (and is not merely an employee of the landlord) he/she is entitled to a fixed payment, if otherwise eligible, even though the landowner may share in the profits. (The landowners might be able to justify a claim that their farm rental constitutes a business; however, it is highly unlikely that they could meet the requirements to receive a fixed payment.)<br /> <br /> '''(c) Mineral Production and Quarry Operations'''<br /> <br /> When minerals are being produced on a farm on a commercial basis and/or when quarrying operations are so conducted, they are to be considered as '''separate businesses''' and not taken into consideration as a part of the farm operation. (The farm operation relates to agricultural activities only.)<br /> <br /> '''(d) Farm Operations Owned by Estates'''<br /> <br /> The information provided in [[236.8 Relocation Assistance Program#236.8.7.1 Fixed Payments - Businesses|EPG 236.8.7.1(a)(5)]], relating to businesses owned by estates, also applies to farm operations owned by estates.<br /> <br /> '''(e) Farm Operation Sold After Initiation of Negotiations'''<br /> <br /> The information provided in [[236.8 Relocation Assistance Program#236.8.7.1 Fixed Payments - Businesses|EPG 236.8.7.1(a)(6)]], relating to businesses which sell after initiation of negotiations, also applies to farm operation which are sold after initiation of negotiations.<br /> <br /> '''(f) Payment Determinations'''<br /> <br /> The owners of a displaced farm operation who qualify for a fixed moving payment are entitled to receive an amount equal to the average annual net earnings of the subject farm operation not to exceed a maximum payment of $40,000 or be less than a minimum payment of $1,000.<br /> <br /> The term &quot;average annual net earnings&quot; means one-half of any net earnings of the farm operation, before federal, state, or local income taxes have been deducted, during the two taxable years immediately preceding the taxable year in which the farm operation is displaced. Such &quot;average annual net earnings&quot; include any compensation paid by the farm operation to the owner, his/her spouse, or his/her dependents during the two-year period.<br /> <br /> All earnings and compensation should be established by federal income tax returns filed by the farm operation and its owner, his/her spouse, and his/her dependents during the two-year period. (Review the instructions in [[236.8 Relocation Assistance Program#236.8.7.1 Fixed Payments - Businesses|EPG 236.8.7.1(a)(1)]], concerning income tax returns that are fully applicable when farm fixed payments are involved.)<br /> <br /> If the two taxable years immediately preceding displacement are not representative, the district can, with prior approval from the Right of Way Section, base the &quot;average annual net earnings&quot; on a more representative two-year period. (This exception will not be granted as routine procedure or without substantial justification. A change in economic conditions not directly related to the acquisition will not normally be an acceptable reason for using a different two-year period.) The three-point &quot;material contribution&quot; test discussed in section 236.8.8.1(a), is applicable.<br /> <br /> Interest payments made to the owner of the displaced farm operation by the &quot;operation&quot; (interest on money loaned to the operation by such owner) '''cannot''' be included as a part of the average annual net earnings of the subject operation.<br /> <br /> '''NOTE''': If a total acquisition is involved, the farm operation will be considered &quot;displaced&quot; when it completely ceases to operate at the subject location. If the displacement is caused by a partial acquisition, the existing farm operation will be &quot;displaced&quot; at the time it completely ceases to operate at the subject location or at the time the use of the property and/or rights acquired by the department are denied to the farm operator, whichever occurs first.<br /> <br /> '''(g) Payment Computations'''<br /> <br /> :'''(1) Farm Operation Existed Two Full Taxable Years or More'''<br /> <br /> :If a qualified farm operation was in existence for two full taxable years immediately preceding the taxable year in which it was displaced, add the net earning from each of the two preceding taxable years together and divide the total by two. The resulting figure represents the average annual net earnings. This amount will be paid to the owner if it exceeds $1,000, and does not exceed $40,000. (As previously stated, if the computed figure is less than $1,000, the minimum $1,000 payment will apply and if it exceeds $40,000, the payment will be limited to the $40,000 maximum.)<br /> <br /> :Should a loss occur in one year and a gain in the other, the year in which the loss was incurred should be considered as zero income when determining the average net income for the two-year period.<br /> <br /> :'''(2) Farm Operation Existed Less Than Two Full Taxable Years'''<br /> <br /> :If the current relocatee did not own the displaced farm operation during the full two taxable year period, or it was not located at the displacement site for the full period, the fixed payment will be computed by projecting its net earnings to an annual rate.<br /> <br /> :The projection of a farm operation's partial net earnings to an annual rate is '''not''' a simple mechanical procedure and the procedure used in projecting a business' partial earnings to an annual rate will '''not''' normally be applicable.<br /> <br /> :For example, a farm's net earnings for one or two months during harvest season may be its annual net earnings. If a wheat farm is involved and the crop is harvested in June, the net income for June would be nearly equal to the net earnings for the entire year. A simple projection of this one-month income to an annual rate, by multiplying times 12, would produce an unrealistic high annual net earnings. If the displacement occurred prior to harvest, there would be no net income to project, this time reflecting an inappropriately low net income.<br /> <br /> :If the need to project a farm operation's partial net earnings to an annual rate is encountered, the Right of Way Section will assist in developing a procedure which specifically considers the type operation involved and the various factors which must be considered in projecting a representative annual net earnings.<br /> <br /> ===236.8.7.3 Claim Form - Business or Farm Operation Fixed Payment (See RA Form 236.8.7.3)===<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Business%20or%20Farm%20Operation%20Fixed-Payment%20Claim%20Form%20236.8.7.3.docx RA Claim Form 236.8.7.3] must be used when business or farm operations claim a fixed moving payment. Claims must be submitted to the department within the 18-month period discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(b]]).<br /> <br /> General information concerning claim forms previously discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(d)]], also applies to this form.<br /> <br /> The following detailed information concerning the subject claim form covers only those points that are most likely to be misunderstood. The portions not specifically mentioned are considered to be self-explanatory.<br /> <br /> In the first section following the heading, on the second line, give a street address when possible. If rural property is involved, describe its location in relation to known landmarks; for example, &quot;on Route E, two miles south of Route J Intersection.&quot;<br /> <br /> The next section of the form must be used to determine the &quot;average annual net earnings&quot; when the subject operation has been in existence for two full taxable years prior to the year it was displaced.<br /> <br /> The third section of the form is to be used if the relocatee's operation was in existence less than the two full taxable years referred to above. (None of the spaces within this section of the claim form are to include either the number of months, or the earnings from months, within the taxable year in which the displacement occurred.)<br /> <br /> In either case, the amount claimed should be equal to the average annual net income '''unless''' it exceeds the maximum authorized payment, in which case $40,000 will be claimed, or is less than the minimum authorized payment, in which case $1,000 will be claimed.<br /> <br /> In every case (with the exceptions noted in [[236.8 Relocation Assistance Program#236.8.7.1 Fixed Payments - Businesses|EPG 236.8.7.1(a)(1)]], copies of the owner's federal income tax reports covering the applicable periods must be attached to the claim form when submitted to the district office by the relocatee. (Copies of income tax returns should not be attached to copies of the claim form submitted to the Right of Way Section for payrolling purposes.) Review the portion of EPG 236.8.7.1(a)(1) that relates to the verification of copies of federal income tax returns used to support relocation claims. (If copies of the owner's federal income tax reports are not obtained, under the &quot;exceptions&quot; noted in section 236.8.7.1(a)(1), the required substitute documentation must be provided by the owner.)<br /> <br /> The balance of the form, both front and back, is considered self-explanatory with the two following notations: (1) In spaces provided in both &quot;Computation Sections&quot; to show whether a calendar year or fiscal year was involved, reflect the '''actual year''' in the applicable space, for example, &quot;Calendar Year 1972&quot; (do not complete these spaces by placing an &quot;X&quot; in one of the blanks), and (2) the unit file must contain an explanation as to why the business cannot be relocated without a substantial loss in its average annual net earnings. (These statements and explanations '''should not be taken lightly''' and '''must''' be adequate to justify the position taken and/or approved by the department.)<br /> <br /> ===236.8.7.4 Displaced Nonprofit Organization===<br /> <br /> '''(a) Payment Eligibility Requirements'''<br /> <br /> A displaced nonprofit organization may choose a fixed payment of $1,000 to $40,000 in lieu of the payments for actual moving and related expenses and actual reasonable reestablishment expenses, if the department determines that it cannot be relocated without a substantial loss of existing patronage (membership or clientele). A nonprofit organization is assumed to meet this test unless the department demonstrates otherwise. Any payment in excess of $1,000 must be supported with financial statements for the two 12 month periods prior to the acquisition. The amount to be used for the payment is the average of two years annual gross revenues less administrative expenses. Gross revenues may include membership fees, class fees, cash donations, tithes, receipts from sales or other forms of fund collection that enables the nonprofit organization to operate. Administrative expenses are those for administrative support such as rent, utilities, salaries, advertising and other like items as well as fund raising expenses. Operating expenses for carrying out the purposes of the nonprofit organization are not included in administrative expenses. The monetary receipts and expense amounts may be verified with certified financial statements or financial documents required by public agencies.<br /> <br /> '''(b) Claim Form - &quot;Fixed Payment&quot; Claim for Nonprofit Organizations (See [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Nonprofit%20Organization%20Fixed%20Payment%20Claim%20Form236.8.7.4.pdf RA Form 236.8.7.4])'''<br /> <br /> RA Claim Form 236.8.7.4 must be used when a nonprofit organization claims a fixed payment. Claims must be submitted to the department for payment within the 18-month period discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(b)]].<br /> <br /> General information relating to claim forms previously discussed in EPG 236.8.6.8(d) also applies to this form.<br /> <br /> The form is considered to be self-explanatory.<br /> <br /> '''NOTE''': The blank spaces that relate to a nonprofit organization which continues to function after displacement will seldom be used as it is very improbable that an organization that continues to function can qualify for this type payment.<br /> <br /> ===236.8.7.5 Time for Filing “Fixed Payment” Claims===<br /> <br /> '''(a) Operation Displaced From Acquisition Site'''<br /> <br /> The eligible owners of a displaced business, farm operation or nonprofit organization which is displaced from the acquisition site can claim their fixed payment anytime after (1) negotiations are initiated for the real property involved (or a Notice of Intent to Acquire-Relocation is issued), and (2) the operation has been completely discontinued on the displacement property, but no later than the end of the 18-month period discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(b)]].<br /> <br /> '''(b) Business Operation Continued on Remainder of Acquisition Site'''. (Review '''NOTE''' at end of [[236.8 Relocation Assistance Program#236.8.7.1 Fixed Payments - Businesses|EPG 236.8.7.1(f)]].)<br /> <br /> Business owners eligible for fixed payments who elect to continue operating on the remainder of the acquisition site regardless of their substantial loss of patronage can claim their payment anytime after (1) negotiations are initiated for the real property involved (or a Notice of Intent to Acquire-Relocation is issued), and (2) the area included within the right of way acquisition (or the use of other acquired rights necessary to the operation) is denied to the business owner, but no later than the end of the 18-month period discussed in [[236.8 Relocation Assistance Program#236.8.6.7 Ineligible Moving Expenses|EPG 236.8.6.7(b)]].<br /> <br /> '''(c) Nonprofit Operation Continued on Remainder of Acquisition Site'''<br /> <br /> It is not anticipated that nonprofit organizations which continue to operate on remainder parcels will qualify for fixed payments; however, should such a situation occur, the instructions in preceding subparagraph (b) will apply.<br /> <br /> '''(d) Substantially Reduced or Different Type Farm Operation Continued on Remainder of Acquisition Site'''. (Review [[236.8 Relocation Assistance Program#236.8.7.2 Fixed Payments - Farm Operations|EPG 236.8.7.2(a)(3)]], and '''NOTE''' at end of [[236.8 Relocation Assistance Program#236.8.7.2 Fixed Payments - Farm Operations|EPG 236.8.7.2(f)]]).<br /> <br /> Farm operators eligible for fixed payments who elect to continue a substantially reduced farm operation, or a different type farm operation, on the remainder of the acquisition parcel can claim their fixed payment anytime after (1) negotiations are initiated for the real property involved (or a Notice of Intent to Acquire-Relocation is issued), and (2) the area included within the right of way acquisition (or the use of other acquired rights necessary to the operation) is denied to the farm operator.<br /> <br /> '''(e) Owner of Displaced Operation is &quot;Subsequent Occupant&quot;'''<br /> <br /> Applicable instructions in preceding subparagraphs (a) thru (d) apply when subsequent occupants are eligible for fixed payments; however, claims from subsequent occupants cannot be paid until after the real property involved has been acquired by the department. (Keep in mind that operations owned by subsequent occupants must be in operation on the site at the time it is acquired by the department. If not, the owner is not an eligible relocatee.)<br /> <br /> ==236.8.8 Relocation Assistance Program - Replacement Housing Payments (RHP)==<br /> <br /> ===236.8.8.1 General Policy===<br /> <br /> Individuals and families displaced from dwellings including condominium and cooperative apartments they owned and occupied for at least 90 consecutive days prior to the initiation of negotiations for the property are entitled to a RHP to enable them to purchase replacement housing. They must meet the payment eligibility requirements outlined in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2]]. The payment, '''including''' reimbursement for incidental expenses incurred in the purchase of replacement housing as discussed in EPG 236.8.9 and compensation for loss of favorable financing as discussed in [[236.8 Relocation Assistance Program#236.8.10 Relocation Assistance Program - Increased Interest Payments|EPG 236.8.10]], cannot normally exceed $31,000.<br /> <br /> '''NOTE A: Exceptions to $31,000 Maximum Payment Limitation'''<br /> <br /> In some instances the addition of incidental closing or increased interest costs to the basic RHP will cause the total to exceed $31,000. Situations will also be encountered in which the department will not be able to make the required comparable DS&amp;S replacement housing available to a relocatee within the maximum payment limitations.<br /> <br /> The '''total''' RHP including incidentals and increased interest will be charged to the applicable Relocation Payment-Last Resort Housing Plan activity, object and <br /> sub-object codes.<br /> <br /> '''NOTE B: 90-Day Owner-Occupants Rent Replacement Dwelling Unit'''<br /> <br /> Eligible 90-Day owner-occupants who rent instead of purchasing DS&amp;S replacement housing are entitled to a rent supplement payment computed in the manner discussed in [[236.8 Relocation Assistance Program#236.8.11.2 Payment Eligibility Requirements|EPG 236.8.11.2(c)]]. The rent supplement payment cannot exceed the calculated RHP.<br /> <br /> '''(a) Advance RHPs'''<br /> <br /> If eligible relocatees request it, they may receive their RHP at the closing on the replacement home, provided that:<br /> <br /> :1. The relocatees' request in writing that their payment be handled in this manner.<br /> <br /> :2. The relocatees have entered into a sales contract, or some other written agreement to purchase, for a specific and available DS&amp;S replacement dwelling.<br /> <br /> :3. The relocatees have a loan commitment from a qualified lender that will enable them to purchase the replacement.<br /> <br /> :4. If owner-occupied and the department has acquired the existing dwelling.<br /> <br /> Advance RHPs will not be processed in district offices unless and until all four of the preceding requirements have been satisfied and the unit file documented accordingly.<br /> <br /> Advance payments must be made under the Escrow Payment Procedure discussed in section (b), or under the advanced occupancy (Relocation Housing Possession Agreement) procedure explained in section (c), whichever is most desirable under the circumstances involved.<br /> <br /> '''NOTE''': The advance payment procedures discussed in this subparagraph, and the two that follow, are normally applicable for both RHPs and down payments as discussed in [[236.8 Relocation Assistance Program#236.8.12.4 Advance Down Payment Assistance|EPG 236.8.12.4]].<br /> <br /> '''(b) Replacement Housing Escrow Agreements''' [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Escrow%20Agreement%20Form%20236.8.8.1.B.pdf (RA Form 236.8.8.1(b))]<br /> <br /> The escrow payment procedure is normally desirable in making an advance payment if the seller of the replacement dwelling is agreeable to closing the transaction and permitting the relocatees to occupy the dwelling prior to receipt of the entire purchase price, with the provision that the relocation payment will be placed in escrow for immediate delivery after the relocatees' purchase and occupancy eligibility requirements are fulfilled.<br /> <br /> The following actions should be taken when the escrow payment procedure is used:<br /> <br /> :'''Step 1''': Obtain a written request from the relocatees that their RHP be placed in escrow for delivery under the terms and conditions set out in Escrow Agreement RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Escrow%20Agreement%20Form%20236.8.8.1.B.pdf Form 236.8.8.1(b)].<br /> <br /> :'''Step 2''': The Relocation Agent and relocatees should mutually agree on a qualified Escrow Agent, other than the real estate firm that is handling the sale of the replacement property to the relocatees. (Reasonable escrow fees, which should always be predetermined, can be paid by the department as routine relocation incidental expenses.)<br /> <br /> :'''Step 3''': District relocation personnel should fill out three copies of a &quot;Relocation Housing Escrow Agreement&quot; (RA Form 236.8.8.1(b)) in the following manner:<br /> <br /> :List the names of all relocatees who are eligible to receive the advance RHP in the first blank space as &quot;Relocatees.&quot; Insert the name of the Escrow Agent in the second space.<br /> <br /> :The amount to be shown in the third paragraph of the agreement is the RHP that the relocatees will be entitled to receive if they conclude the purchase of their chosen replacement dwelling, the specific replacement dwelling discussed in Requirement No. 2 in preceding subparagraph (9), (The procedure for computing replacement housing offers is discussed in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3]]. Also show this same amount in the space provided in the first numbered paragraph of the agreement. If a down payment is involved, cross through &quot;Replacement Housing&quot; and indicate the amount of the computed rental subsidy amount.<br /> <br /> :The amount to be inserted in the third numbered paragraph is the total arrived at by adding (1) the amount paid to the relocatees by the department for their subject dwelling and supporting land area to (2) the above-referenced RHP. (This total must, in every case, be the same amount as the consideration being paid by the relocatees for the above-referenced replacement dwelling that they are purchasing.) If a down payment is involved, insert the computed rental subsidy amount.<br /> <br /> :'''Step 4''': Have all three copies of the agreement signed by all persons whose names appear in the first paragraph of the agreement as &quot;Relocatees,&quot; the escrow agent and the district engineer.<br /> <br /> :The Escrow Agent will check with the district prior to releasing the payment so that a final determination can be made to ensure that all payment eligibility requirements have been fulfilled. This point should be explained and clarified at the time the escrow agent executes the agreement.<br /> <br /> :'''Step 5''': Give one copy of the agreement to the relocatees, one copy to the escrow agent, and retain one copy for the unit file.<br /> <br /> :'''Step 6''': Assist the relocatees in completing and filing their advance RHP claim according to instructions provided in [[236.8 Relocation Assistance Program#236.8.8.4 RHP Claims|EPG 236.8.8.4(b) NOTE B]].<br /> <br /> '''NOTE''': Should a relocatee purchase a replacement under a binding purchase agreement, or under any other arrangement which would cause the wording in the second numbered paragraph to be inaccurate, advise the Right of Way Section in writing and wait for further instructions.<br /> <br /> Should a relocatee who intends to build a replacement dwelling (or otherwise obtain a replacement, other than through outright purchase of a DS&amp;S replacement dwelling) request an &quot;advance&quot; down payment, again advise the Right of Way Section in writing and wait for further instructions.<br /> <br /> '''NOTE''': Escrow fees should not be paid until the escrow agent has provided a signed receipt as required in the third numbered paragraph of the Escrow Agreement.<br /> <br /> '''(c) Advance Payment Using &quot;Relocation Housing Possession Agreement&quot;''' (RA [http://eprojects/Templates/RW/Chapter%208_Relocation/Relocation%20Housing%20Possession%20Agreement%20Form%20236.8.8.1C.1.pdf Form 236.8.8.1(c)])<br /> <br /> When the seller of the replacement dwelling will not convey title and permit the relocatees to occupy the replacement dwelling until he/she receives a substantial portion of the purchase price, the procedure in this subparagraph will normally be used in providing an advance RHP.<br /> <br /> Under this procedure relocatees can sign a RA Form 236.8.9.1(c), Relocation Housing Possession Agreement and receive their RHP prior to occupying the replacement dwelling.<br /> <br /> When this procedure is used the following actions are applicable:<br /> <br /> :'''Step 1''': The relocatees must request an advance RHP in writing. (The request to be made after the four &quot;pre-advance payment requirements&quot; in preceding section (a), have been satisfied.)<br /> <br /> :'''Step 2''': The relocatees must complete and file an appropriate claim, which should be processed for payment in the normal manner.<br /> <br /> :'''Step 3''': Advise the relocatees when the relocation payment check is received in the district office so they can arrange for the closing. The check is to be held in the district office until the following actions are accomplished.<br /> <br /> :'''Step 4''': The relocatees must sign two copies of the Relocation Housing Possession Agreement, one copy for the department and one for them. This can be accomplished at any time prior to delivery of the check; however, it is preferable that the agreement be completed and executed at or near the date of closing so that a firm possession deadline date can be established.<br /> <br /> :'''Step 5''': Department representative should hand carry the check to the scheduled closing. Immediately after title to the replacement dwelling is conveyed to the relocatee, the RHP check can be handed to them or their written designee, '''provided''' the department representative confirms that the actual consideration paid for the replacement dwelling is not less than the replacement housing cost used in computing the relocation payment. (If a down payment is involved, it must also be determined that the relocatees are actually making a down payment in the purchase of the replacement that is not less than the computed rental subsidy payment.) If either determination is negative, the relocation check must not be released; contact the Right of Way Section for additional instructions. The department representative should obtain a copy of the deed to the replacement dwelling (or other applicable conveyance instrument) and a copy of the closing statement at the time the RHP check is delivered.<br /> <br /> :'''Step 6''': A physical inspection must be made to determine whether or not the relocatees occupied the designated replacement dwelling by the date specified in the Possession Agreement. If so, the file must be documented accordingly. If not, the Right of Way Section must be notified at once.<br /> <br /> '''NOTE''': The advance payment procedure will not normally be permitted if the replacement dwelling is located in another state. <br /> <br /> Relocation Housing Possession Agreement RA Form 236.8.8.1(c) is applicable for advance RHPs. Advance down payments should utilize RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocation%20Housing%20Possession%20Agreement%20Form%20236.8.8.1C.1.pdf Form 236.8.8.1(c)(1)]. When a RHP is involved, complete the agreement in the following manner:<br /> <br /> :'''Space 1''': List the names of all relocatees who are entitled to receive the advance RHP.<br /> <br /> :'''Space 2''': Show the amount of the RHP that the relocatees will be entitled to receive if they conclude the purchase of their chosen replacement dwelling.<br /> <br /> :If the payment is to be made to the relocatees, insert the word &quot;them.&quot; (If only one relocatee is involved, insert &quot;him&quot; or &quot;her&quot; as appropriate.) If they request in writing that their payment be made to another party, normally the grantors of the replacement dwelling, set out the names of the designees.<br /> <br /> :'''Space 3''': Insert the address of the replacement dwelling. (If it is located in a rural area, describe its location in reference to known landmarks so that it can be readily identified.)<br /> <br /> :'''Space 4''': Reflect the shortest time period (number of days) in which the relocatees can reasonably expect to occupy the replacement dwelling after they receive their RHP. Occupancy should normally be accomplished within 30 days after closing. (Right of Way Section concurrence must be obtained if a longer occupancy period is shown in this space.)<br /> <br /> :'''Space 5''': When a RHP is involved, the amount to be shown in this space is the total arrived at by adding (a) the amount paid to the relocatees for their existing dwelling and supporting land area to (b) the advance RHP shown in space (2) of this agreement.<br /> <br /> :If a down payment is involved, space 5 must reflect the computed rental subsidy amount.<br /> <br /> :The agreements are to be executed by each relocatee whose name appears in space (1).<br /> <br /> :If the replacement is a mobile home site, change all references from replacement dwelling to replacement mobile home site. Also change the wording in the second paragraph of the agreement following &quot;actually occupy&quot; to read &quot;a replacement mobile home site in a decent, safe and sanitary manner as defined in the commission's Relocation Brochure prior to receipt of their RHP.&quot;<br /> <br /> :It is not likely that an advance RHP will be made when the replacement is a mobile home. If such request is made by an eligible relocatee, the Right of Way Section will provide additional instructions.<br /> <br /> ===236.8.8.2 Payment Eligibility Requirements===<br /> <br /> '''(a) Ownership and Occupancy Requirements - Subject Property'''<br /> <br /> The individual or family being displaced must have owned and occupied their dwelling unit for at least 90 consecutive days immediately prior to the initiation of negotiations for the subject property or, if they are provided a &quot;Notice of Intent to Acquire-Relocation&quot; by the department, they must have owned and occupied it for at least 90 consecutive days prior to the date they actually vacated the property '''if''' it was vacated prior to the actual initiation of negotiations. When a &quot;Notice of Intent to Acquire-Relocation&quot; is used, the 90-day period is measured from the date that negotiations are initiated for the subject, or from the date that it is vacated by the owner-occupant, whichever is earlier.<br /> <br /> '''(b) Ownership and Occupancy Requirements at Initiation of Negotiations'''<br /> <br /> To qualify for this type payment, the relocatees must have owned and occupied the property from which they are being displaced at the initiation of negotiations for that particular parcel or, if they are provided a &quot;Notice of Intent to Acquire-Relocation,&quot; at the time they receive the notice.<br /> <br /> See [[236.8 Relocation Assistance Program#236.8.1.25 Relocation Program on Projects Affected by a Major Disaster|EPG 236.8.1.25]], and [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(15)]], if individuals and families whose homes were damaged or destroyed by a major disaster were not able to reoccupy their dwellings by the time negotiations were initiated for the property.<br /> <br /> '''(c) Property Must Be Acquired By Department From Qualified Owners'''<br /> <br /> Displaced owner-occupants will not be eligible for a RHP if they sell the subject dwelling to any party other than the department after the initiation of negotiations for the parcel. The &quot;other party&quot; who purchases the dwelling will not be eligible for the payment.<br /> <br /> '''(d) Displacement Must Be Necessitated By Right of Way Acquisition'''<br /> <br /> The displacement must be necessary due to the actual acquisition of the subject dwelling by the department, or, due to its being rendered legally or physically landlocked and uninhabitable by the right of way acquisition.<br /> <br /> '''(e) Subject Must Be Owner's Principal Residence'''<br /> <br /> A RHP cannot be made unless the dwelling acquired as right of way by the department (or landlocked) is the owner's principal or legal place of residence. If doubt exists concerning this point, and the district is unable to make a determination, provide pertinent facts in writing to the Right of Way Section for final decision.<br /> <br /> Problems concerning this point are sometimes created when a member of the armed forces is on duty at another location. The following general rules apply in cases of this kind.<br /> <br /> :(1) If the owners have actually moved out of the dwelling, vacated it and taken up residence at another location, they are not eligible for a RHP.<br /> <br /> :(2) If the owners have not moved their furniture out of the house and have not actually surrendered possession to others, they would normally meet the &quot;principal residence&quot; requirement.<br /> <br /> '''NOTE''': Section 472.010(10) RSMo defines &quot;domicile,&quot; which the dictionary interprets as &quot;the place of residence of an individual or a family,&quot; as &quot;the place in which a person has voluntarily fixed his/her abode, not for a mere special or temporary purpose, but with a present intention of remaining there permanently or for an indefinite time.&quot;<br /> <br /> Section 1.020(9) RSMo states that &quot;place of residence means the place where the family of any person permanently resides in this State, and the place where any person having no family generally lodges.&quot;<br /> &lt;div id=&quot;(f) Decent, Safe&quot;&gt;&lt;/div&gt;<br /> '''(f) Decent, Safe and Sanitary Replacement Must Be Purchased and Occupied Within One Year'''<br /> <br /> The relocatees must purchase and occupy a replacement dwelling that meets DS&amp;S standards within a one-year period beginning on the later of:<br /> <br /> :(1) the date the relocatees or their Escrow Agent receives payment from the department for the acquired dwelling; or, in case of condemnation, the date the '''final''' judgment (commissioner's award, stipulated settlement, or jury award) is paid into court; or<br /> <br /> :(2) the date the relocatees move from the displacement dwelling.<br /> <br /> Related information covering the purchase of replacement housing is provided in following subparagraphs (g), (h) and (i) and in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a) 10,14 and 15]].<br /> <br /> '''NOTE A: Clarification of Purchase Requirement'''<br /> <br /> Eligible relocatees who entered into a legally binding contract to purchase a DS&amp;S replacement dwelling, or for the construction of a new replacement dwelling (or for the rehabilitation of a replacement dwelling which they purchased within the applicable one-year time period) will not normally lose their payment eligibility if they are unable to occupy such replacement dwelling within the specified time period for reasons that are beyond their reasonable control. (The unit file must be documented to explain the circumstances involved.)<br /> <br /> If eligible relocatees who purchase and occupy a DS&amp;S replacement dwelling within the one-year time period cannot get title thereto for reasons that are beyond their reasonable control until after such time period has expired, they will not normally lose their eligibility for payment and can file a claim after they do obtain title. (Again document the unit file to explain the circumstances involved.)<br /> <br /> When situations are encountered which reveal other reasons beyond the control of the relocatee, present the facts involved to the Right of Way Section and request an eligibility determination.<br /> <br /> Relocatees who qualify as owners due to having a life estate in the subject, or by holding a long-term lease thereon, can meet this eligibility requirement if they acquire at least the same interest in the replacement as they held in the subject property. (For computations in this situation see [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(11)]].)<br /> <br /> The purchase of a life estate in a retirement home normally enables a relocatee to qualify under this particular requirement. When determining the amount spent by the relocatee in purchasing his/her replacement, include the entrance fee plus any other monetary commitments to the home '''except''' periodic service charges.<br /> <br /> '''NOTE B: Replacement is Mobile Home'''<br /> <br /> A mobile home that meets DS&amp;S standards can be considered a qualifying replacement dwelling even though the relocatees were displaced from a conventional dwelling unit. The mobile home does not need to be located on the relocatees' land or made a part of the real estates to qualify as a replacement dwelling. The cost of the mobile home and site, if applicable, must be at least equal to the right of way payment made for the relocatees' residential property acquired by the department plus the computed RHP.<br /> <br /> '''(g) Displaced Owner Occupies Previously Owned Dwelling Unit as Replacement'''<br /> <br /> Displaced owner-occupants of a residential dwelling unit who move to and occupy a DS&amp;S replacement dwelling that they had previously owned may be entitled to a RHP. See NOTE B in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3]], for computation.)<br /> <br /> If relocatee previously owned a part interest in another residential property that is used as their DS&amp;S replacement, they would be eligible for a RHP '''provided that''' the current value of '''their interest''' in the replacement dwelling unit is equal to the entire amount paid for the subject property by the department plus their computed RHP offer.<br /> <br /> Determine the current value of the relocatees' prior interest in the replacement dwelling in the following manner:<br /> <br /> :'''Step 1''': Request that the replacement residential property be appraised. (The appraisal can be reviewed and approved in the district.<br /> <br /> :'''Step 2''': Determine the relocatees' degree of prior ownership in the replacement residential property by percentage.<br /> <br /> :'''Step 3''': Apply the percentage from Step 2 to the appraised value of the replacement residential property. The resulting figure will be the current value of the relocatees' prior interest in the property.<br /> <br /> '''(h) Relocatee Purchased Replacement in Partnership With Other Parties'''<br /> <br /> If qualified relocatees purchase their replacement dwelling in partnership with other parties who did not also own an interest in and occupy the subject dwelling, they must invest an amount equal to the entire amount paid for the subject property by the department plus the computed RHP in the purchase of their interest in the replacement. <br /> <br /> When this situation is encountered the relocatees' replacement housing claim form must be completed in the manner explained in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(14)]], which will ensure that the above requirement is complied with. (Also see [[236.8 Relocation Assistance Program#236.8.1.5 Ownership Qualifications|EPG 236.8.1.5(f)]].)<br /> <br /> If the relocatee also owned the subject dwelling in partnership with non-occupants, apply the instructions provided in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(13)]].<br /> <br /> '''(i) Deadline For Filing Claims'''<br /> <br /> Replacement housing claims must be filed with the department within six months after the expiration of the one-year period discussed in EPG 236.8.8.2(f), (the time period can be extended, for good cause, with concurrence from the Right of Way Section.)<br /> <br /> ===236.8.8.3 Payment Computations===<br /> <br /> A RHP must be for the lesser of an amount equal to the difference between the final amount received by eligible relocatees in payment for their dwelling ('''prior''' to any deductions covering the value of salvage retained by the owners) and either the actual amount paid for a DS&amp;S replacement dwelling by the relocatees (not including incidental closing costs and increased interest payments), or the amount determined by the department as necessary to purchase the most nearly comparable DS&amp;S replacement dwelling available. The payment, together with authorized incidental closing costs related to the purchase of the replacement and increased interest costs normally must not exceed $31,000.<br /> <br /> If the &quot;replacement&quot; is a mobile home, do not include the cost of the furniture and appliances therein as part of the &quot;consideration paid,&quot; even though they were purchased with the mobile home as part of a &quot;package deal,&quot; unless such furniture and/or appliances are built-in and are considered to be a part of the mobile home. Tie-down expenses, underpinning, transportation and/or delivery costs, installation costs (including &quot;blocking&quot; and/or foundation), the cost of steps, air conditioning and &quot;built-in&quot; furniture can all be included as part of the replacement housing cost.<br /> <br /> '''NOTE A: Correction of Decent, Safe and Sanitary and/or Functional Similarity Deficiencies'''<br /> <br /> If a relocatee whose RHP offer was based on a comparable DS&amp;S dwelling purchases a different replacement dwelling that has DS&amp;S deficiencies and after purchase corrects those deficiencies, the documented actual expenses, as discussed in EPG 236.8.8.3(a)(l0), can be considered as having been spent in the purchase of the property. The actual cost of correcting the DS&amp;S deficiencies can be added to the purchase price of the replacement.<br /> <br /> Relocatees who acquire a replacement dwelling that is not functionally equivalent to their displacement dwelling can include, as a part of the replacement purchase price, any documented expenditure they make in improving the replacement to a level of functional similarity. ('''IN NO CASE''' can such improvement be the replacement of an exterior attribute the value of which was subtracted from the acquisition cost of the displacement dwelling for purposes of computing their RHP.)<br /> <br /> The cost of improvements to the replacement dwelling other than those required to eliminate DS&amp;S deficiencies or to gain functional similarity with the displacement dwelling cannot be included as a part of the purchase price of the replacement dwelling.<br /> <br /> '''NOTE B: Relocatee Moves to and Occupies Previously Owned Residence'''<br /> <br /> Eligible displaced residential owner-occupants who move to and occupy a previously owned DS&amp;S dwelling as their replacement dwelling will be entitled to a RHP. The payment will be based on the lesser of the difference between their right of way payment for the subject residential property and (1) the price of the selected comparable that was used in computing their RHP offer, or (2) the current value of the previously owned replacement dwelling.<br /> <br /> Apply the following procedure in determining the current value of the pre-owned replacement dwelling.<br /> <br /> Request that the pre-owned replacement to be inspected by a qualified member of the right of way staff (normally an appraiser) to determine whether or not the value of the actual pre-owned replacement is equal to or exceeds the price of the selected comparable. If so, the inspector must prepare a written statement to this effect for the unit file. In this case, the RHP will be equal to the difference between the relocatees' right of way payment for the subject residential property and the price of the selected comparable.<br /> <br /> If, however, the inspector determines that the value of the actual pre-owned replacement is less than the price of the selected comparable, it will be necessary to obtain an appraisal of the actual pre-owned residential property. (The appraisal can be reviewed and approved in the district.) The relocatees' RHP will be equal to the difference between the right of way payment for the subject residential property and the appraised value of the pre-owned replacement.<br /> <br /> The &quot;current value&quot; of the pre-owned replacement residential property will be established at or near the time it is occupied by the relocatees. Value added by improvements made after occupancy will be ignored in determining the &quot;current value&quot; for use in RHP computations '''UNLESS''' they are necessary to make the dwelling DS&amp;S and/or to make it functionally equivalent to the displacement dwelling.<br /> <br /> When DS&amp;S corrections are necessary, consider the &quot;current value&quot; '''after''' the corrections are made when computing the RHP. (If the replacement dwelling is not made DS&amp;S within the one-year period discussed in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2(f)]], the relocatee will not normally be entitled to a RHP.)<br /> <br /> If the pre-owned replacement dwelling is not functionally equivalent to the displacement dwelling, the relocatees have the options of either (1) requesting that its &quot;current value&quot; at the time of occupancy (Prior to improvement) be used in the RHP computations to expedite the payment (this will normally be done when the pre-improvement value is expected to equal or exceed the price of the selected comparable on which the RHP offer was based, or (2) of waiting until improvements needed to make it functionally equivalent to the displacement unit are completed so that the &quot;current value&quot; after improvement will be used in the RHP computations. (The improvements must normally be made prior to the end of the one-year period discussed in [[#(f) Decent, Safe|EPG 236.8.8.2(f)]].)<br /> <br /> '''(a) Comparable Methods of Computing RHPs'''<br /> <br /> When an owner-occupied dwelling is acquired, the maximum amount that will be due the owners as a RHP must be determined if they meet all of the payment eligibility requirements for this type of payment.<br /> <br /> Under normal circumstances this determination will be made by analyzing at least three available replacement comparable properties.<br /> <br /> '''(1) Entire Acquisition of Single-Family Dwelling'''<br /> <br /> In this situation the entire offer made by the department to the owner-occupants for their residential property is deducted from the price of the most nearly comparable replacement available to determine the maximum additional amount necessary to enable owners to purchase a replacement property. This amount is the maximum RHP that the owners may be eligible to receive.<br /> <br /> '''(2) Acquisition Includes All Residential Improvements and Supporting Land Plus Other Lands'''<br /> <br /> This situation would exist when; for example,<br /> <br /> :(a) all residential improvements and supporting land area are included in a strip acquisition that also includes farm land, fences, and farm buildings not actually related to the residence. Residential improvements, as referred to above, mean the house, garage, residential storage sheds, well, and all other improvements located on the &quot;supporting land area&quot; and used in maintaining a home. The term &quot;supporting land area&quot; relates to an area comparable in size to typical residential building lots in the area.<br /> <br /> :(b) when an &quot;extra&quot; building lot is acquired with the subject residence and its supporting land area, and<br /> <br /> :(c) when the subject residence is situated on a small acreage plot, all or a portion of which is also acquired.<br /> <br /> In these situations an appraiser must &quot;carve out&quot; from the approved negotiating offer the portion that is chargeable to the residential improvements and supporting land area. '''Only''' this portion of the department's offer will be used in determining the RHP.<br /> <br /> '''NOTE: Determining Necessity for Prorating Negotiating Offer'''<br /> <br /> Although small acreage home sites (and occasionally farms) may be consistent in size within an area, they are not normally considered typical residential building lots. These units usually contain the equivalent to a typical residential building lot plus other lands which are not a part of the residential &quot;supporting land area.&quot;<br /> <br /> If &quot;other lands&quot; are involved, apply the following procedure in determining the area to be included in the residential &quot;supporting land area.&quot;<br /> <br /> Designate a hypothetical residential site that is equal to the area that encompasses the dwelling, garage, other residential improvements, and a reasonably sized lawn. The site should normally be one acre or less and similar in size to typical urban area residential lots. The designated lot should not normally be smaller than the lot on which the selected comparable dwelling is situated. (Family sized garden plots would normally be included within the designated site.)<br /> <br /> If the parcel has been subdivided into typically sized urban area building lots, it would normally be proper to consider the lot on which the dwelling is located as the supporting residential land and the additional lots as other lands.<br /> <br /> These principles are also applicable when computing rental subsidy payments.<br /> <br /> '''(3) Partial Acquisition of Residential Properties - Dwelling Located On Normal Size Residential Building Lot - No Other Land Involved'''<br /> <br /> The department must offer to acquire remainders that are, during the appraisal review, determined to be uneconomic remnants.<br /> <br /> The value offered for the uneconomic remnant will be added to the approved negotiating figure and included in the computations of a RHP. <br /> <br /> If the owner does not elect to sell the remnant, the RHP will be recomputed excluding the value of the remnant.<br /> <br /> '''NOTE''': When there is an offer to purchase an uneconomic remnant, the department is not obligated to condemn and will not acquire it through condemnation proceedings.<br /> <br /> '''(4) Partial Acquisition of Residential Property Plus Other Lands (Owner-Occupant is Totally Displaced)'''<br /> <br /> When this situation is experienced, acquisition includes only a part of the residential improvements and/or supporting land area plus other lands, it is necessary to have an appraiser break down the approved negotiating figure to show the portion thereof that is chargeable to the residential improvements and supporting land area. (Damages to any remaining residential improvements and/or to the remainder of the residential land area, including temporary easements, are to be included in the portion of the offer that is chargeable to the residential improvements and supporting land area.) <br /> <br /> To arrive at the maximum RHP, deduct the portion of the approved right of way offer that is chargeable to the residential improvements and supporting land area from the price of the most nearly comparable DS&amp;S replacement property available. (The term &quot;supporting land area&quot; is defined in preceding paragraph (2) NOTE.)<br /> <br /> If an uneconomic remnant or excess land is purchased by the department which contains portions of both the residential land area and other remaining lands, it will be necessary to determine the portion of the payment for such remnants or excess that is chargeable to the remainder of the residential land area and reduce the relocatees' RHP accordingly.<br /> <br /> '''(5) Dwelling on Land With Higher and Better Use'''<br /> <br /> The fact that a dwelling is located on land with a higher and better use, and that the right of way offer is based on higher than residential land value, has '''no''' effect on the RHP computation procedure. Use the same procedure that would be applicable if the dwelling was located on land with a normal residential value.<br /> <br /> RHP computations are not affected if the residential improvements do not contribute any value to the &quot;higher and better use&quot; property. Use the approved right of way negotiating offer for the property, or, if applicable, for the portion with a hypothetical residential land area, in the computations regardless as to whether or not it includes an improvement value.<br /> <br /> '''NOTE''': If application of this policy creates an excessive RHP which could occur if a limited strip acquisition removes an occupied dwelling which contributes no value to the property, request additional computation instructions from the Right of Way Section.<br /> <br /> '''(6) Joint Residential and Business Use'''<br /> <br /> When an owner-occupied commercial property is acquired which contains both a residential unit and a business area, it will be necessary for an appraiser to prorate the department's right of way offer to show the portion chargeable to the residential unit and if applicable to its supporting land area. (The appraiser must use his/her best judgment in determining whether or not any part of the land area should be charged to the residential portion of the property.) <br /> <br /> The portion of the offer chargeable to the residential unit and supporting land will be deducted from the price of a DS&amp;S replacement dwelling unit functionally equivalent to the portion of the subject property that was used for '''residential''' purposes.<br /> <br /> When a part-time or hobby-type business, which does not contribute substantially to the relocatees' total income, is located on the displacement residential property or in the residential dwelling unit, it '''is not necessary''' to prorate the department's offer.<br /> <br /> Should a business that is located on the relocatees' residential property or within their dwelling unit contribute materially to their total income and meet the basic eligibility requirements for a fixed moving payment, proration is necessary. (In this case, the major portion of the land area should normally be charged to the residential property.)<br /> <br /> '''NOTE A: Principles for Determining Portion of Land Value Chargeable to Residential Area'''<br /> <br /> The following principles can be applied in determining what part of the land value is chargeable to the residential portion of the property.<br /> <br /> The conclusion should be influenced to a large extent by the primary design and use of the property. For example, if the structure was designed and is primarily used as a residential dwelling with a small area set aside for business purposes, and if the entire land area is maintained as a lawn, it would be reasonable to charge all of the land value to the residential property.<br /> <br /> Conversely, if the main structure is primarily a business building with the residential living quarters being a minor area of space and design and the land area entirely paved for customer parking, it should be acceptable to charge all of the land value to the business.<br /> <br /> Should the acquisition include &quot;other lands&quot; not directly related to or used in support of the joint use structure, it will first be necessary to designate a hypothetical area which supports the structure and then prorate the value of that specifically designated land area as discussed in this NOTE.<br /> <br /> '''(7) Multiple Occupancy of Same Single-Family Dwelling Unit'''<br /> <br /> The principles discussed herein are applicable in computing payment offers for the eligible occupants even though some of the families or separate individuals involved do not meet occupancy time requirements or for some other reason are not eligible for a RHP.<br /> <br /> If two or more eligible individuals and/or families that occupy the same single-family dwelling maintain separate households, they will be entitled to separate RHPs. (The term &quot;individuals&quot; as used herein relates to single occupants who are not members of one of the subject displaced families.)<br /> <br /> If the individuals and/or families do not maintain separate households, they will be entitled to only one joint RHP '''if''' a comparable (or better) DS&amp;S replacement dwelling is available to them. (The one payment can be prorated between eligible individuals and/or families which relocate by choice into separate DS&amp;S replacement dwellings.) If a comparable DS&amp;S dwelling is not available which will enable the individuals and/or families to relocate together and as a consequence they are forced to occupy separate replacement dwellings, they will be entitled to separate RHPs. (Should joint-occupancy individuals and/or families which are eligible for separate payments, due to forced separation, actually purchase and occupy the same DS&amp;S replacement dwelling, they will be entitled to one joint RHP which cannot exceed the combined total of their separate RHP offers, nor can it normally exceed the $31,000 maximum payment limitation for this type payment.)<br /> <br /> Individuals and/or families will not normally maintain separate households if they commingle and share space and rooms throughout the dwelling, with the exception of private bedrooms. (The Right of Way Section will assist in determining whether or not separate households are being maintained by the relocatees.)<br /> <br /> '''All''' owner-occupants who do not maintain separate households within the single-family dwelling will be entitled to '''one''' joint RHP '''if''' a comparable or better DS&amp;S replacement dwelling is available to them.<br /> <br /> When early relocation contacts indicate that &quot;multiple occupancy&quot; may be involved, it is necessary to make the following two determinations before computing relocation payments or making commitments to the relocatees.<br /> <br /> '''First''': Determine the occupancy status of the occupants. Are they all owners, all tenants, or are both owners and tenants occupying the single-family dwelling unit?<br /> <br /> When &quot;families&quot; are involved, for example, father, mother, and adult children or other relatives occupy a dwelling owned by the parents and no separate households maintained, it may be difficult to determine whether or not some of the parties, normally adult children, are bona fide tenants. A mere statement that some are paying rent to others will not suffice.<br /> <br /> Even though &quot;rental receipts&quot; can be produced, it is normally impossible to determine whether the payments were actually made and, if so, whether they were for basic rent (room exclusive of board, or merely a contribution toward the cost of food, utilities, and other household costs).<br /> <br /> Before any occupants in questionable situations can be considered bona fide tenants, owners must produce a copy of their most recent federal income tax return showing the rental payments as taxable income. If they do not provide these tax returns, it will normally be determined that no eligible tenants are involved. If the relocatees claim that the owner-tenant relationship has been established since the last Federal income tax return was filed, request guidance from the Right of Way Section.<br /> <br /> If it is determined that no bona fide tenants are involved, it will be assumed that only one &quot;family&quot; is being displaced, in which case, policies and procedures relating to &quot;Multiple Occupancy of Same Single-Family Dwelling Unit&quot; '''will not apply'''. The owners will be paid a RHP to enable them to purchase a comparable DS&amp;S replacement dwelling that will house the &quot;family.&quot;<br /> <br /> If it is determined that both eligible owners and tenants are involved, follow the procedure in EPG 236.8.8.3(a)(7)C.<br /> <br /> '''Second''': Determine whether those in each occupancy status, owners and/or tenants, maintain separate households. '''All''' owners who do not maintain separate households will receive '''one''' RHP. Those who maintain separate households will be entitled to separate RHPs based on their owner or tenant occupancy status.<br /> <br /> After both of the preceding &quot;determinations&quot; have been made, the applicable instructions in this subparagraph (EPG 236.8.8.3(a)(7)A thru D) can be applied in computing and disbursing RHPs.<br /> <br /> '''A - Eligible Individuals and/or Families Maintain Separate Households'''<br /> <br /> Each eligible individual and/or family (90-Day owner-occupants) that maintains a '''separate household''' within the acquisition dwelling is entitled to a separate RHP offer.<br /> <br /> Individuals and/or families will be referred to as &quot;parties&quot; in the following discussion, each separate individual and/or family is a separate &quot;party.&quot;<br /> <br /> The procedure for computing the separate RHP offers is as follows:<br /> <br /> :1. The portion of the department's right of way offer to be used in computing the RHP for each separate eligible party is determined by dividing the total right of way offer for the subject residential property by the number of parties involved, in the same percentage ration that the property is owned by each party.<br /> <br /> :2. Determine the size and utility of the replacement dwelling to which each separate party is entitled by considering the space and utility each party used in the subject dwelling. This can be accomplished by determining (1) the space each family privately occupied in the subject, and (2) other areas (rooms) to which each had free and unlimited sharing privileges. (The same shared space in the subject can be &quot;credited&quot; to each party who had unlimited access to it.)<br /> <br /> :3. Determine the price of a DS&amp;S dwelling unit for each family that is as functionally equivalent to the '''prorated space''' &quot;assigned&quot; to that family in the subject dwelling.<br /> <br /> :4. Subtract the appropriate '''prorated right of way offer''' from the price of a suitable replacement for each separate party to determine the maximum RHP that particular party is entitled to receive. An example of the computations involved is as follows.<br /> <br /> The department acquires a single-family dwelling unit owned and occupied by two separate families for $60,000. One family owned 80% interest in the subject and the other 20% interest.<br /> <br /> The house contains 2,000 square feet and 10 rooms.<br /> <br /> Divide the right of way offer, in the manner discussed in Step 1 above, and determine that the majority owner's portion is $48,000 and the minority owner's portion is $12,000 (80% of $60,000 = $48,000 and 20% of $60,000 = $12,000).<br /> <br /> The majority owner privately occupied three bedrooms, a living and dining room, and had free and unlimited sharing privileges in a kitchen and a room used as an office, a total of 1,700 square feet. The minority owner had private use of two bedrooms and a family room and also had free and unlimited sharing privileges in the kitchen and office room, a total of 1,550 square feet. These facts reflect that the majority owner is entitled to a replacement comparable to a 7-room unit containing approximately 1,700 square feet. The minority owner would be entitled to a replacement comparable to a 5-room unit containing approximately 1,550 square feet.<br /> <br /> The majority owner's RHP offer would be computed in the following manner.<br /> <br /> Determine the price of an available DS&amp;S 7-room unit containing approximately 1,700 square feet, that is functionally equivalent. (In this example use $52,000 as the price of the available comparable.) Deduct $48,000 (the prorated offer) from $52,000 and find that this owner is entitled to a $4,000 RHP offer.<br /> <br /> Compute the minority owner's payment in the same manner.<br /> <br /> Each family will also be eligible for reimbursement of their actual incidental closing costs and increased interest payments.<br /> <br /> All computations and prorations must be documented in the unit file.<br /> <br /> If one of the families elects to purchase a replacement dwelling and other elects to rent in lieu of purchasing, each can qualify for their applicable payment if otherwise eligible - one for a RHP computed in the manner discussed in this subparagraph and the other for a rental subsidy payment computed in the manner discussed in [[#236.8.11.4 Computations - Actual Rental Subsidy Payment Due Relocatee|EPG 236.8.11.4(a)(1)]]. (The economic rental fee for the subject, which will be used in computing the rental subsidy payment, must be the economic fee that would be charged for a unit that is comparable in space and utility to the prorated space, as determined in preceding Step No. 2. The family which purchased its replacement dwelling will be entitled to reimbursement of its eligible incidental closing costs and, if otherwise eligible, an increased interest payment.<br /> <br /> Each party's payment cannot normally exceed $31,000 for owner-occupants or $7,200 if the replacement is a rental unit.<br /> <br /> Should some or all of the parties involved purchase and occupy the same DS&amp;S replacement dwelling, regardless as to whether or not they reestablish separate households, they will still be entitled to their separate RHPs based on the difference between their (each party's) pro rata share of the actual right of way payment and either (1) the price of the selected comparable used in computing their RHP offer, or (2) the portion of the purchase price of the actual replacement '''paid by that specific party''', whichever is the lesser. In this case, however, the combined RHPs cannot exceed the difference between the total right of way payment for the acquired dwelling and the total purchase price of the DS&amp;S replacement dwelling actually purchased and occupied or the $31,000 maximum payment limitation, unless paid under the Last Resort Housing Program.<br /> <br /> If a reduction is necessary in the amount of each payment, it is desirable that they be combined into one payment naming all parties involved. This will eliminate potential problems with the various parties in determining the extent that each separate payment must be reduced. A combined claim will also simplify the payment of incidental and increased interest payments. (If for any reason a combined payment is not workable, request instructions for determining the amount of each separate payment from the Right of Way Section.)<br /> <br /> '''B - Eligible Individuals and/or Families Do Not Maintain Separate Households'''<br /> <br /> '''(1) Comparable DS&amp;S Replacement Dwelling is Available'''<br /> <br /> If a comparable or better DS&amp;S replacement dwelling is available within the maximum $31,000 RHP limitation when two or more eligible individuals and/or families are displaced from the same single-family dwellingthat they jointly own and occupy, only one RHP will be made. The payment will be computed as if only one family was involved.<br /> <br /> If all of the parties involved purchase and occupy the same DS&amp;S replacement dwelling, and meet all payment eligibility requirements, they will be entitled to the full amount of the applicable RHP. The RHP claim must be signed by '''all''' of the eligible parties involved and the payment check must include the names of all who signed the claim.)<br /> <br /> Should the parties purchase and occupy different replacement dwellings even though a comparable replacement is available which would have enabled them to stay together, the one RHP will be prorated and each eligible party will be paid its pro rata share thereof provided they spend an amount equal to their prorated share of the consideration paid for the subject dwelling '''plus''' their prorated share of the RHP offer in the purchase of their replacement dwelling.<br /> <br /> When determining each party's pro rata share of the total computed RHP offer, and their applicable share of the right of way consideration paid by the department for the subject, consider each party's separate ownership interest in the subject. If all of the parties involved owned an equal interest in the subject, merely divide the total computed RHP offer by the total number of individuals who owned and occupied the subject.<br /> <br /> If some owned greater interests than others, the specific degree of ownership applicable to each will be shown in the instrument by which they acquired the subject. Under this circumstance, the proration will be accomplished by dividing the total computed RHP offer in the same percentage ratio that the property is owned by the separate parties. The RHP offer would be prorated in the same manner when applying the above instructions, one-half to the first party and one-fourth to each of the other two. (The same procedure is applicable when computing each party's pro rata share of the right of way consideration which is necessary to determine how much in addition to its pro rata share of the RHP offer, it must spend, or obligate to spend, in the purchase of its replacement.)<br /> <br /> If some of the parties involved purchased and occupied DS&amp;S replacement housing and others failed to do so, those who did purchase and occupy DS&amp;S replacements shall be paid their pro rata share thereof, '''provided''' that they spent an amount equal to their prorated share of the consideration paid for the subject dwelling '''plus''' their prorated share of the RHP offer in the purchase of such replacement. If two or more of the parties involved jointly purchase a DS&amp;S replacement dwelling, they must, to be eligible for payment, jointly spend an amount equal to their combined prorated shares of the right of way payment for the subject '''plus''' their combined prorated share of the RHP offer in the purchase of the replacement.<br /> <br /> If all of the parties involved rent separate replacement dwellings in lieu of purchasing, they will be entitled to their share of the one computed rental subsidy payment as discussed in detail in [[#236.8.11.4 Computations - Actual Rental Subsidy Payment Due Relocatee|EPG 236.8.11.4(a)(4)]]. Should they all rent the same replacement unit, they will be eligible for one rental subsidy payment.<br /> <br /> It is also permissible for some of the parties involved to purchase DS&amp;S replacement housing and be paid their pro rata share of a computed RHP and others to rent replacements, in lieu of purchasing, and be paid a pro rata share of a computed rental subsidy payment. In this situation, it is necessary to compute both a routine RHP and a routine rental subsidy payment. Compute both payments as if a conventional family were involved and as if the other payment computation did not exist, comparing the &quot;entire&quot; subject dwelling unit to the comparable DS&amp;S replacement dwelling unit.<br /> <br /> The parties that purchase their replacements are entitled to a pro rata share of the computed RHP offer. The various pro rata shares will be determined as if all of the parties involved ('''all''' those who owned and occupied the subject) were receiving a portion of the RHP. The same principle applies if some of the parties owned greater interests in the subject than others. To be eligible for the payment each party which purchases a replacement must spend, or obligate to spend, an amount equal to its pro rata share of the RHP offer plus its pro rata share of the right of way consideration.<br /> <br /> Those who rent DS&amp;S replacement units will be entitled to their pro rata share of the computed rental subsidy payment offer. When prorating the computed rental subsidy payment offer, use the '''total''' number of parties which owned and occupied the subject when &quot;dividing&quot; the payment.<br /> <br /> Should the parties which purchase replacement housing spend an amount that exceeds their prorated portion of the right of way consideration paid for the subject but less than the combined total arrived at by adding their prorated right of way payment to their prorated portion of the computed RHP offer, their RHP must be reduced to an amount equal to the difference between their prorated right of way payment and the amount they actually spent in the purchase of their replacement.<br /> <br /> '''NOTE''': The department is '''not''' obligated to locate or provide separate DS&amp;S replacement housing that can be purchased or rented. The department's obligation is to provide a comparable DS&amp;S replacement dwelling that would house all of the relocatees involved.<br /> <br /> When completing a Replacement Housing Claim Form for a prorated RHP, make a specific reference to this fact under &quot;Comments&quot; and explain the circumstance that justifies this type payment.<br /> <br /> The claim form will be completed in the routine manner '''except''' for the changes outlined in the following paragraphs.<br /> <br /> Complete the first four lines in the &quot;Computations&quot; section of the claim form in the following manner.<br /> <br /> The first space on both the first and second lines should be marked &quot;N/A.&quot;<br /> <br /> In the second space on the first line show the actual amount paid for the replacement dwelling, as is the normal practice.<br /> <br /> In the second space on the second line show the pro rata portion of the right of way consideration that the subject individual(s) was/were entitled to receive.<br /> <br /> In the first space on the third line (the line entitled &quot;Difference&quot;) insert the subject individual(s) '''pro rata''' share(s) of the '''computed''' RHP offer.<br /> <br /> In the second space on the third line reflect the difference between the entries in the second spaces on the first two lines.<br /> <br /> Complete the fourth line in the routine manner.<br /> <br /> '''(2) Comparable Decent, Safe and Sanitary Replacement Dwelling is NOT Available'''<br /> <br /> If a comparable or better DS&amp;S replacement dwelling is not made available when two or more eligible individuals and/or families are displaced from the same single-family dwelling which they jointly own and occupy, and as a consequence the individuals and/or families are forced to occupy separate dwellings after displacement, each party (individual and/or family) involved will be entitled to a separate RHP if they actually purchase and occupy separate replacement dwellings. If all of the parties involved purchase and occupy the same replacement dwelling, only one RHP will be made. The one payment will be based on the difference between the amount paid for the subject property and the price of the replacement they purchased and occupied, '''not to exceed''' the combined total of their separate RHP offers nor the maximum $31,000 payment limitation for this type of payment.<br /> <br /> '''NOTE''': Should the only existing comparable or better DS&amp;S replacement dwellings available to the joint occupancy families require a RHP in excess of $31,000, or if no existing comparable or better replacement is available, determine whether it is more practical to provide separate replacement dwellings as discussed in preceding subparagraph 2 or to make an existing higher priced replacement available, or possibly to build a comparable replacement dwelling, under the Last Resort Housing Program. Submit your findings and recommendations to the Right of Way Section for concurrence prior to making a commitment to the relocatees.<br /> <br /> When the individuals and/or families involved are entitled to separate RHPs, apply the computation procedures discussed in preceding subparagraph A, that are applicable when individuals and/or families maintain separate households within the displacement dwelling.<br /> <br /> The department's obligation to provide adequate replacement housing will be met if a separate DS&amp;S dwelling is made available to each party which provides comparable space and utility to that which they enjoyed in the subject dwelling. When comparing space between the subject and comparables, consider the space that the separate party privately occupied in the subject dwelling plus community rooms which it shared with the other parties.<br /> <br /> '''C - Two or More lndividuals and/or Families Occupy Same Single-Family Dwelling - One Party Owns Dwelling, Others are Tenants'''<br /> <br /> In this case, the owner-occupants will be entitled to a RHP. When the space privately occupied by the tenants is not a substantial portion of the dwelling, it is proper to select a replacement dwelling that is comparable to the acquired dwelling and base the RHP offer on the difference between the entire right of way offer for the subject residential property and the price of the comparable.<br /> <br /> If, however, the space privately occupied by the tenants is a substantial portion of the dwelling, or if a replacement is not available that is comparable to the subject dwelling in its entirety, it is permissible to base the RHP offer on a replacement that is comparable to only that space and utility the owner-occupant enjoyed in the subject unit. Under this procedure, when computing the RHP offer, it will be necessary to carve out the portion of the right of way offer that is chargeable to the space occupied by the owner. Deduct the carved out portion of the right of way offer from the price of the smaller comparable.<br /> <br /> The parties which are tenants, and who do not maintain separate households, will be entitled to '''one''' rental subsidy payment. In selecting a comparable replacement dwelling unit, consider the total space and utility enjoyed by the separate tenants. Should two or more tenants occupy separate households, each will be entitled to a separate rental subsidy payment.<br /> <br /> Should some or all of the tenant families elect to purchase in lieu of renting replacement dwellings, apply the principles discussed.<br /> <br /> If all of the parties move to the same single-family replacement dwelling and continue living together under the same occupancy status, the tenants would not be entitled to a rental subsidy payment unless they can prove that their rent has been increased for justifiable reason.<br /> <br /> '''D - Married Couples Separated and/or Divorced Prior to Filing Claim'''<br /> <br /> If both spouses jointly owned and occupied a dwelling unit that was acquired by the department are divorced after acquisition but prior to obtaining replacement housing and as a consequence do not purchase and/or occupy the same replacement dwelling unit, it will be necessary to determine whether or not the court approved property settlement between the two relocatees, specified which party is entitled to receive the relocation payments involved. If so, the payments will be made accordingly. If the court-approved property settlement does not specify which party is to receive the relocation payments, the two relocatees involved will be placed in the same category as individuals which do not maintain separate households and the policy discussed in preceding EPG 236.8.8.3(7)(B)1, will apply.<br /> <br /> Couples that are separated at or after the initiation of negotiations for the subject, but not legally divorced, will be considered as a &quot;family&quot; and only one type of payment will be made '''unless''' both spouses request in writing that the &quot;one payment&quot; be a rental subsidy payment in lieu of a RHP. If a replacement dwelling is purchased in the names of both parties, both must sign the claim and both will be named on the RHP check, regardless as to whether or not they continue to live separately. If only one of the parties purchase the replacement dwelling, or if they purchase and occupy different replacement dwellings, see the following paragraph. (Contact the Right of Way Section if the party which does not purchase a replacement dwelling desires to assign his/her share of the RHP to the party which does.)<br /> <br /> Should one of the parties qualify for the payment and the other fail to do so, the eligible relocatee can claim and be paid his or her pro rata share of the applicable payment. To qualify for a pro rata share of a RHP, under this circumstance, the eligible party would have to purchase and occupy a DS&amp;S replacement dwelling and spend an amount equal to that party's share of the right of way consideration paid for the subject '''plus''' that party's pro rata share of the computed RHP offer. If the subject relocatee spent less than the required amount, his/her prorated RHP must be reduced accordingly. Apply the same principle if the two parties purchased different DS&amp;S replacement dwellings. Each could be paid their pro rata share of the one RHP offer if they spend the required amount in purchasing their replacements. The same principles would apply if the two parties rent and occupy different replacement rental units.<br /> <br /> It is possible that the terms of a '''legal separation''' could create a situation where one of the relocatees involved would be eligible for a rental subsidy payment and the other for a RHP. If a couple becomes '''legally separated''' prior to obtaining replacement housing, provide all facts to the Right of Way Section and wait for further instructions.<br /> <br /> '''NOTE''': If both spouses jointly owned and occupied a dwelling unit at the initiation of negotiations for the subject dwelling are divorced prior to the time the dwelling is acquired by the department, present all facts involved, specifically information relating to the property settlement agreement, to the Right of Way Section.<br /> <br /> '''(8) Multi-Unit Dwelling Complexes'''<br /> <br /> If the owner of a multi-unit dwelling occupies one of the units therein being acquired, their maximum RHP will be computed in the following manner.<br /> <br /> '''Step 1''': An appraiser must prorate the department's total offer for the property to determine the portion that is chargeable to the specific unit occupied by the owners. <br /> <br /> '''Step 2''': Locate the most nearly comparable replacement dwelling of the same type that is available on the market.<br /> <br /> If the same type complex is not available, locate the most nearly comparable complex of the next lowest density that is available.<br /> <br /> '''Step 3''': This step is applicable only if the selected comparable is, of necessity, a single-family residential dwelling.<br /> <br /> Deduct the prorated portion of the offer that is chargeable to the unit occupied by the owner-occupant as determined in preceding Step l, from the price of the selected comparable. The resulting figure will be the maximum RHP available.<br /> <br /> '''Step 4''': Steps 4 and 5 are applicable if the selected comparable is a multi-family complex.<br /> <br /> Prorate the price of the comparable multi-family complex to determine the portion that is chargeable to the specific unit that is most comparable to the unit occupied by the subject relocatees in the acquisition dwelling complex. <br /> <br /> '''Step 5''': Deduct the prorated portion of the department's right of way offer that is chargeable to the unit occupied by the relocatees in the acquisition complex, as determined in preceding Step 1, from the prorated portion of the price of the comparable, as determined in preceding Step 4, to determine the maximum RHP available to the relocatee.<br /> <br /> To qualify for the computed RHP, the relocatees must spend an amount equal to the prorated value assigned to the unit they occupy in the subject plus the total RHP offer.<br /> <br /> If a comparable of lower density is used in computing a RHP, it is recommended that a memo be placed in the unit file clarifying the fact that no comparable of the same density was available.<br /> <br /> Should the owner-occupants own the complex in partnership with others, their maximum RHP offer will be computed in the same manner as discussed in the preceding steps; '''however''', the amount they must spend in the purchase of a replacement under this circumstance is determined in the following manner.<br /> <br /> '''Step A''': Determine the portion of the total right of way offer for the subject property that the owners will be entitled to receive.<br /> <br /> '''Step B''': Apply this same percentage figure to the prorated portion of the right of way offer that is chargeable to the individual unit that the relocatees occupy in the subject complex to determine the portion of the prorated figure they will be entitled to receive.<br /> <br /> '''Step C''': The relocatees are entitled to the total computed RHP if they spend an amount equal to the total RHP offer '''plus''' their share of the prorated portion of the right of way offer that is chargeable to the unit they occupy in the subject.<br /> <br /> '''(9) Replacement Property Includes Lands in Addition to Residential Improvements and Supporting Land Area'''<br /> <br /> If the replacement property acquired and occupied by qualified relocatees include lands and/or property in addition to the residential improvements and supporting land area, a carve out is not required. The total amount paid for the entire property and a decent, safe and sanitary determination on the dwelling are all that is required.<br /> <br /> Should a replacement property be located in another state, advise the Right of Way Section.<br /> <br /> '''(10) Owner Retains and Moves the Acquisition Dwelling'''<br /> <br /> The maximum RHP offer would be computed in the normal manner. <br /> <br /> To qualify for payment, owners who retain, move and reoccupy their house after it has been reestablished as a DS&amp;S dwelling unit must spend the entire amount paid to them for their dwelling and supporting land area '''plus''' an amount equal to their total RHP offer in the moving and reestablishment of the subject dwelling. The costs that could be included in determining if the relocatees actually spent this amount would be (1) the amount &quot;paid&quot; for the house by the relocatees, (2) the cost of a replacement building lot, (3) the cost of moving the house and reestablishing it in a comparable condition as existed prior to the move, and (4) any expenditures necessary to upgrade the dwelling to DS&amp;S standards.<br /> <br /> If the owners relocated their dwelling on the remainder of their residential building lot or on other land they owned prior to the current displacement, they can include the current value of such land as having been spent in the moving and reestablishment of their dwelling. (Review the principles in NOTE B in EPG 236.8.8.3.)<br /> <br /> If the owners relocated their dwelling on the remainder of their residential building lot, use the &quot;after value&quot; of the lot, as shown in the right of way appraisal, in lieu of &quot;the cost of a replacement building lot.&quot; If they relocate the dwelling on other land they owned prior to the current displacement, they can include the current value of an area equal in size to a standard residential building lot in the area. It will normally be necessary to staff appraise the pre-owned replacement site to establish its current value. These appraisals can be reviewed and approved in the district office.<br /> <br /> If the relocatees acquired replacement land on which they reestablished their dwelling that was larger in size than a typical residential building lot in the area, the instructions provided in preceding subparagraph (9), will apply.<br /> <br /> Expenses and costs will be considered in determining the relocatees' overall expenditure in moving and reestablishing their dwelling unit. The value of other labor that was &quot;contributed&quot; can only be included in determining the total expenditure if written approval is obtained from the Right of Way Section.<br /> <br /> To compute a RHP under this circumstance deduct the amount of the relocatees' right of way payment for their dwelling and supporting land from the total &quot;applicable&quot; costs they experienced in moving and reestablishing the dwelling. The relocatee will be entitled to the resulting figure or the amount of the computed rental subsidy, not to exceed $7,200, or the amount they would be entitled to if they were 90-Day owners, whichever is the lesser.<br /> <br /> '''(11) Computations Involving Life Estates and Lessees Qualified as Owners'''<br /> <br /> RHPs for the holders of life estates and long-term lessees who qualify as owners under the Relocation Program (see [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(p)]]), will be for the '''lesser''' of the two following amounts:<br /> <br /> '''A'''. the difference between the '''total''' amount paid by the department for the subject residential property and the confirmed price of the most nearly comparable DS&amp;S replacement dwelling that is for sale in the area, or<br /> <br /> '''B'''. the difference between the portion of the department's payment for the subject property that the relocatee receives and the actual amount paid by such relocatees for a DS&amp;S replacement dwelling. If the relocatees purchase a life estate in the replacement dwelling or a lease with not less than 50 years duration, consider the amount paid for such interest as the purchase price of the replacement dwelling.)<br /> <br /> When completing the RHP Claim Form show preceding Computations A in the first spaces on the first and second lines under the Computations Section and Computation B in the second spaces on the same two lines.<br /> <br /> Relocatees in this category who rent rather than purchase DS&amp;S replacement dwellings are entitled to rental subsidy payments.<br /> <br /> '''(12) Mobile Homes'''<br /> <br /> If the displaced owner of a mobile home qualifies for a RHP covering both the mobile home and supporting land area, compute the maximum payment in the normal manner. If a comparable DS&amp;S mobile home and/or site is not available, it will be necessary to calculate the payment on the basis of the next highest type of dwelling that is available and meets applicable DS&amp;S standards. The unit file must be documented to explain the situation.<br /> <br /> A replacement may not be available for purchase as a unit and it may be necessary to compute the RHP in two parts (1) mobile home, and (2) site, and combine them into one payment, which normally cannot exceed $31,000. When this action becomes necessary, prepare separate Comparison Records for each computation using the appropriate prorated portion of the department's right of way offer in the applicable computation.<br /> <br /> When the mobile home and site are considered separately, the cost of the comparable replacement mobile home may include &quot;tie-down&quot; expense, underpinning, transportation and/or delivery costs, installation costs a comparable hard surface pad if the subject mobile home was sitting on a hard surface pad, utility connections, steps, air conditioning, if the subject mobile home also had an air conditioning unit that was considered to be a part of the real estate and any other &quot;built-in&quot; furniture and/or appliances which were also considered in the subject unit as a part of the real property. Do not include the cost of insurance or sales tax. Sales tax is considered to be a reimbursable incidental closing cost and therefore cannot be considered in determining the cost of the replacement mobile home.<br /> <br /> It is desirable that a replacement site be selected that has utilities available to enable the relocatees to establish their mobile home in a DS&amp;S manner. If sites with utilities are not available, however, it is permissible to select suitable &quot;unimproved&quot; sites and add the cost of providing whichever of the necessary and/or reasonable site preparation costs to the price of the unimproved lot.<br /> <br /> If the RHP covers land only, base the payment offer on the difference between that portion of the department's right of way offer that is chargeable to the mobile home site and the confirmed price of the most nearly comparable replacement site available.<br /> <br /> It is permissible to include money spent in providing necessary utilities to the replacement site as necessary to enable the relocatees to reestablish their mobile home in a DS&amp;S manner, as well as necessary and/or reasonable site preparation costs, when determining the total amount spent by the relocatee in obtaining their replacement mobile home site.<br /> <br /> If a partial acquisition is involved and the most nearly comparable replacement site available is the remainder of the subject parcel or other land in the area owned by relocatee, it is permissible to base the payment offer on the difference between that portion of the department's right of way offer that is chargeable to the subject mobile home site and the current value of the remainder or, if applicable, a portion of the remainder that is comparable in size to the subject site '''plus''' reasonable site preparation and other costs necessary to enable the mobile home to be reestablished in a DS&amp;S manner. <br /> <br /> '''(1) Payment Covers Both Mobile Home and Land'''<br /> <br /> The displaced owner-occupant of a mobile home can be paid a RHP, not to exceed $31,000, covering both the mobile home and the land upon which it is located when:<br /> <br /> :(a) the mobile home has been properly classified as real property and is acquired as such by the department, together with the land upon which it is located,<br /> <br /> :(b) both the mobile home and land upon which it is located have been owned and occupied by the subject relocatee for at least 90 consecutive days prior to the initiation of negotiations for such property, and<br /> <br /> :(c) all other eligibility requirements as outlined in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2]], have been met. The RHP will be computed in the same manner as if a conventional dwelling was involved.<br /> <br /> '''(2) Payment Covers Mobile Home Only'''<br /> <br /> The displaced owner-occupant of a mobile home which is located on land belonging to another party can be paid a RHP covering the mobile home, but not the land upon which it is located when:<br /> <br /> :(a) the mobile home has been determined to be real property and is acquired by the department as such,<br /> <br /> :(b) the owner has owned and occupied the mobile home while located '''on the site''' from which it is being displaced for the required 90-Day period, and<br /> <br /> :(c) all other eligibility requirements as outlined in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2]], have been met.<br /> <br /> '''NOTE''': The owner of the mobile home could also be paid the equivalent to a rental subsidy payment covering the site as discussed in [[236.8 Relocation Assistance Program#236.8.11.2 Payment Eligibility Requirements|EPG 236.8.11.2(g)(1)]], if they meet the eligibility requirements for the separate payments involved. (The total RHP, including the portions relating to both the mobile home and site, cannot normally exceed $31,000.)<br /> <br /> '''(3) Payment Covers Land Only (Mobile Home Site)'''<br /> <br /> The displaced owner-occupant of a mobile home can be paid a RHP covering the land upon which the mobile home is located when:<br /> <br /> :(a) the mobile home was not considered to be a part of the real property and was not acquired as such by the department,<br /> <br /> :(b) the mobile home was occupied by the relocatee on land he/she also owned (subject site) for at least 90 consecutive days prior to the initiation of negotiations for such land, and<br /> <br /> :(c) all other eligibility requirements as outlined in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2]], have been met.<br /> <br /> '''(4) Mobile Home is Personal Property and Does Not Meet Decent, Safe and Sanitary Standards'''<br /> <br /> The procedures discussed in this subparagraph are applicable when, and only when, the subject mobile home is (1) owner-occupied, and (2) does not meet decent, safe and sanitary standards under the conditions discussed in the following paragraph.<br /> <br /> The subject mobile home will be non-decent, safe and sanitary if it does not meet the standards set out in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions |EPG 236.8.1.3(j)]], that relate to mobile homes '''and''' could not reasonably be expected to do so after being moved to a suitable replacement site. The policies discussed herein do not apply when a mobile home fails to meet decent, safe and sanitary standards for the sole reason that it is not properly tied down.<br /> <br /> All relocation payments discussed in this subparagraph are subject to the maximum amounts authorized for the type of payment involved. If a decent, safe and sanitary replacement dwelling cannot be made available to the displaced owner-occupant under the procedures provided herein, it will be necessary to work out a solution under the Last Resort Housing Program.<br /> <br /> The policies discussed herein are applicable when the non-decent, safe and sanitary unit is a travel trailer or a motorized unit. If the owner-occupant is entitled to a payment based on the cost of a replacement unit, the replacement unit used in computing the applicable RHP should normally be a mobile home, not a replacement travel trailer or motorized unit, which provides comparable or better living space as that contained in the subject unit. The trade-in value used in computing the payment will be the '''total''' trade-in value of the subject unit.<br /> <br /> The phrase &quot;90-Day occupants&quot; as used in this subparagraph (and in following subparagraphs 5 and 6) relates to relocatees who own non-decent, safe and sanitary mobile homes, as personal property which they occupied on the site from which they are being displaced for at least 90 consecutive days prior to the initiation of negotiations for the subject site. <br /> <br /> The procedure to use in computing RHPs relating to non-decent, safe and sanitary mobile homes depends on whether or not it is reasonable and practical to rehabilitate the mobile home by correcting the decent, safe and sanitary deficiencies involved.<br /> <br /> Relocatees who receive RHPs relating to non-decent, safe and sanitary mobile homes are also entitled to the routine replacement housing or a rental subsidy payment due to being displaced from the site upon which the subject mobile home is located. The combined payments cannot exceed either (1) the maximum relocation payment available for the type occupancy involved (long-term owner $31,000 or short-term owner $7,200).<br /> <br /> In cases where the RHP is based on rehabilitation costs, the relocatee is entitled to a moving cost payment.<br /> <br /> The Eligibility Notices discussed in [[236.8 Relocation Assistance Program#236.8.3.3 Eligibility Notice at Initiation of Negotiations|EPG 236.8.3.3]], will not normally be applicable under the procedure discussed in this subparagraph. It will be necessary to compose a carefully written eligibility notice to fit the circumstance involved.<br /> <br /> The following paragraphs provide procedures for computing payments under the various combinations of circumstances that will be encountered. <br /> <br /> '''A. 90-Day Owner-Occupants - Also Own Subject Site'''<br /> <br /> '''Procedure 1: Rehabilitation of Mobile Home is Practical'''<br /> <br /> If it is less expensive to rehabilitate the subject mobile home, apply the following procedure when computing the relocatees' RHP offer and in computing the actual amount they are entitled to be paid.<br /> <br /> '''Step One''': Obtain two bids from qualified bidders for correcting the DS&amp;S deficiencies that exist in the subject mobile home.<br /> <br /> '''Step Two''': Compute a RHP offer as if the mobile home was not involved.<br /> <br /> '''Step Three''': Determine the relocatees' total RHP offer by adding the lowest bid from Step One to the amount arrived at in Step Two. The resulting total, which will not normally exceed $31,000, will be the relocatees' RHP offer and is the maximum amount they can be paid under this procedure.<br /> <br /> When determining the actual RHP that the relocatee is entitled to receive, take the following additional steps:<br /> <br /> '''Step Four''': Establish the difference between the department's actual payment to the relocatees for the subject site and the actual amount the relocatee paid for a replacement site.<br /> <br /> '''Step Five''': Determine the actual (documented) amount that the relocatee spent in correcting the DS&amp;S deficiencies that existed in the subject mobile home.<br /> <br /> '''Step Six''': Add the '''lesser''' of the amounts established in Steps Two and Four to either (1) the amount established in Step Five, '''or''' (2) to the lowest bid price obtained in Step One, '''whichever is the lesser'''. The resulting total (not to exceed $31,000) is the actual amount that the relocatee can be paid as a RHP.<br /> <br /> The relocatees would also be entitled to reimbursement for their incidental closing and increased interest costs relating to the purchase of the replacement site. (Should the addition of these costs to the payment determination in Step Six cause the total to exceed $31,000, proceed under the provisions for last resort housing payments.)<br /> <br /> If the relocatees rent a DS&amp;S replacement mobile home and site or a conventional dwelling instead of correcting the deficiencies in the subject mobile home, they can be paid a rental subsidy payment equal to the '''lesser''' of the following amounts:<br /> <br /> :1. $7,200 maximum rental subsidy payment, or<br /> <br /> :2. 42 times the difference between the monthly economic rental fee that is applicable to the subject mobile home and site and the monthly fee charged for the most nearly comparable replacement that is available for rent, or<br /> <br /> :3. 42 times the difference between the monthly economic rental fee that is applicable to the subject mobile home and site and the actual monthly rental fee they pay for their replacement mobile home and site, or conventional dwelling unit, or<br /> <br /> :4. 42 times the difference between the monthly economic rental fee applicable to the subject site only and the monthly rental fee charged for the most nearly comparable replacement site available '''plus''' an amount equal to the lowest bid received for correcting the decent, safe and sanitary deficiencies in the subject mobile home, or<br /> <br /> :5. 42 times the monthly economic rental fee that is applicable to the subject site and the actual rental fee being paid for the replacement mobile home site actually occupied by the relocatees '''plus''' an amount equal to the lowest bid received for correcting the decent, safe and sanitary deficiencies in the subject mobile home.<br /> <br /> In each of the preceding situations the subject mobile home remains the property of the relocatees and they can keep or dispose of it as they see fit. They will be entitled to an actual moving cost payment for moving their mobile home up to 50 miles.<br /> <br /> '''Procedure 2: Rehabilitation of Mobile Home Not Practical'''<br /> <br /> When it is more costly to rehabilitate the mobile home by correcting its decent, safe and sanitary deficiencies than to apply the following payment procedure, compute the relocatees' RHP offer by deducting the trade-in value of the mobile home '''and''' the right of way offer for the site from the amount necessary to purchase the most nearly comparable DS&amp;S mobile home and site available, or, in the absence of an available mobile home and site, from the amount necessary to purchase a DS&amp;S conventional replacement dwelling. When searching for an available DS&amp;S mobile home and site, it is not necessary that the replacement mobile home be situated on the replacement site at the time they are selected for use in computing the payment offer, as long as it is practical for the relocatees to locate the selected mobile home on the selected site in a DS&amp;S manner.<br /> <br /> To be eligible for the entire computed offer, the relocatees must purchase both a DS&amp;S dwelling unit and site within the applicable one-year period, at a cost equal to or exceeding the price of the selected comparable. Should the combined costs of their replacement dwelling and site be less than the required amount, their RHP must be reduced accordingly.<br /> <br /> If the relocatees locate their DS&amp;S mobile home on other land they owned prior to the current displacement, consider the current fair market value of such land, not to exceed an area equal in size to a standard residential building lot in the area, as having been spent in obtaining a replacement site. EPG 236.8.8.3(a)(l0) provides additional information relating to the procedure for valuing the portion of the relocatees' previously owned land that is used as a replacement site.<br /> <br /> The &quot;trade-in value&quot; to be used in the computations is the documented amount determined by the District as the '''in-place''' trade-in value of the subject mobile home in the purchase of a comparable DS&amp;S replacement mobile home '''delivered to''' and '''&quot;set up&quot;''' on a replacement site in the area. <br /> <br /> The relocatees would not be required to actually trade-in the subject mobile home if they prefer to keep it; however, their decision to retain it does not change the requirement that they must spend an amount equal to or exceeding the confirmed price of the selected comparable on the purchase of the DS&amp;S replacement dwelling that they occupy after displacement.<br /> <br /> If the relocatees desire to purchase a DS&amp;S replacement mobile home and rent a replacement site, compute a RHP offer based on the mobile home only and a rental subsidy payment offer covering the site. The combined totals of the two payments cannot exceed $31,000. The RHP offer would be the difference between the cost of a comparable DS&amp;S replacement mobile home and the trade-in value of the subject mobile home. In this case the right of way offer for the subject site would not be a factor in computing the RHP offer. To be eligible for the entire computed RHP offer (not to exceed $31,000), the relocatees must spend an amount, in the purchase of their replacement mobile home, that is equal to or exceeds the confirmed price of the selected comparable mobile home. To be eligible for the entire rental subsidy payment offer they must pay a monthly rental fee for the replacement site that is equal to or exceeds the amount necessary to rent a comparable site.<br /> <br /> The relocatees will be entitled to a routine incidental closing cost and/or increased interest payment relating to the replacement mobile home. In addition, they could receive a moving cost payment covering the reasonable cost of relocating any personal property '''other than''' the cost of relocating the subject mobile home. If they select the fixed-payment option, their payment will be based on Subschedule A that is discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(c)]].<br /> <br /> The mobile home remains the property of the relocatee; however, reoccupying by them at a new location after displacement will normally eliminate payment eligibility under the policy outlined in this subparagraph.<br /> <br /> Should the relocatees elect to rent a replacement in lieu of purchasing, compute a rental subsidy payment based on a comparable DS&amp;S dwelling unit. In this case the relocatees would be entitled to a moving cost payment for the actual cost of moving their mobile home.<br /> <br /> '''B. 90-Day Owner-Occupant of Mobile Home Located on Rented Site'''<br /> <br /> The general principles discussed in the preceding paragraphs also apply when the subject mobile home is located on a rented site.<br /> <br /> '''Procedure 1: Rehabilitation of Mobile Home is Practical'''<br /> <br /> Under this circumstance the relocatees are entitled to a RHP based on either (1) the lowest of at least two bids from qualified bidders for correcting the decent, safe and sanitary deficiencies in the subject mobile home, or (2) the actual amount spent by the relocatees in correcting such deficiencies, whichever is the lesser. They are also entitled to a routine rental subsidy payment covering the rented site. The combined total of the two payments cannot exceed $31,000.<br /> <br /> Should the relocatees purchase and occupy a DS&amp;S replacement mobile home in lieu of correcting the deficiencies in the subject mobile home, they can be paid a RHP based on (1) the difference between the trade-in value of the subject mobile home and the confirmed price of a comparable DS&amp;S replacement mobile home, '''or''' (2) the difference between the trade-in value and the amount they paid for the replacement unit actually purchased, whichever is the lesser; '''however''', such payment '''cannot''' exceed the lowest bid for correcting the DS&amp;S deficiencies in the subject unit. They would also be entitled to their rental subsidy payment covering a replacement site.<br /> <br /> If they purchase a replacement mobile home and site or conventional dwelling in lieu of correcting the DS&amp;S deficiencies in the subject unit, they would be eligible for a RHP not to exceed $31,000. They could be paid an amount equal to the lesser of the following two amounts: (1) the computed rental subsidy plus incidental cost plus the computed RHP, or (2) the amount they actually pay including incidentals on their replacement dwelling.<br /> <br /> If the relocatees rent a dwelling (in lieu of correcting the deficiencies in the subject unit), they can be paid a rental subsidy payment, based on both the mobile home and site, not to exceed $7,200.<br /> <br /> '''Procedure 2: Rehabilitation of Mobile Home Not Practical'''<br /> <br /> Compute a RHP offer by deducting the trade-in value of the mobile home from the amount necessary to purchase a comparable DS&amp;S mobile home and a rental subsidy or payment covering the site. The combined total of the two payments cannot exceed $31,000.<br /> <br /> Should the relocatees purchase both a replacement mobile home and site, they can claim a RHP relating to the mobile home and the site. Under this circumstance they must spend an amount equal to or exceeding the computed amount necessary to purchase a comparable DS&amp;S replacement mobile home and make a down payment on the site equal to the computed rental subsidy. Should they purchase a conventional dwelling as a replacement, instead of a replacement mobile home, they must spend an amount equal to or exceeding the amount determined necessary to purchase a comparable DS&amp;S replacement mobile home and make a down payment on it equal to or exceeding the computed rental subsidy amount.<br /> <br /> The relocatees would be entitled to a routine incidental closing cost payment covering the purchase of their replacement dwelling. They would also be eligible for an increased interest payment '''if''' the subject mobile home was encumbered with an eligible mortgage. '''NOTE''': The combined RHP in the latter two situations cannot exceed the lesser of (1) $31,000, or (2) the difference between the trade-in price for the displacement mobile home and the total purchase prices of the replacement mobile home '''and''' site, or the purchase price of the conventional replacement dwelling.<br /> <br /> If the relocatees rent a DS&amp;S replacement dwelling unit in lieu of purchasing, they are entitled to one rental subsidy payment (not to exceed $7,200) based on a DS&amp;S replacement mobile home and site, or if more nearly comparable, on a conventional dwelling unit.<br /> <br /> If the relocatees purchase a replacement mobile home or conventional dwelling, they can be paid a moving cost payment covering the reasonable cost of relocating any personal property involved '''other than''' the cost of relocating the subject mobile home. If they elect the fixed-payment option, their payment will normally be based on Subsection A that is discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(c)]]. (If the relocatees rent a replacement in lieu of purchasing, they will be entitled to an actual moving cost payment for moving their mobile home. <br /> <br /> In each case the mobile home remains the property of the relocatee.<br /> <br /> '''Procedure 3: Rehabilitation of Mobile Home is Practical'''<br /> <br /> Compute a rental subsidy payment offer covering the '''site'''. (The mobile home itself is not involved in the computations relating to the site.) (If they purchase their replacement site, their eligible incidental closing costs will be in addition to the computed amount applied as a down payment.)<br /> <br /> '''In addition''' to the payment discussed in the preceding paragraph, the relocatees are also entitled to a payment based on the cost of rehabilitating the subject mobile home, either (1) the lowest of at least two bids received from qualified bidders for correcting the decent, safe and sanitary deficiencies in the mobile home, or (2) the documented amount that they actually spend in correcting the deficiencies, whichever is the lesser. The combined payment rental subsidy plus rehabilitation costs, cannot exceed $7,200.<br /> <br /> Should the relocatees purchase a replacement mobile home instead of rehabilitating the subject unit, they would be eligible for their rental subsidy payment covering the site plus an amount equal to '''the lesser of''': (1) the lowest bid received from at least two qualified bidders for correcting the DS&amp;S deficiencies in the subject unit, or (2) a rental payment. The total combined RHP cannot exceed $7,200.<br /> <br /> If the relocatees purchase a conventional dwelling in lieu of rehabilitating the subject unit, they will be entitled to a payment not to exceed the rental subsidy, not to exceed $7,200. They would also be entitled to a moving cost payment for moving the subject mobile home.<br /> <br /> If the relocatees rent a DS&amp;S replacement mobile home and site or a conventional dwelling instead of correcting the deficiencies in the subject mobile home, they can be paid a rental subsidy payment computed in the same manner discussed in Procedure 1 under the previous heading &quot;90-Day Owner-Occupants, Also Owns Subject Site&quot; that applies when 90-Day occupants rent their replacement in lieu of rehabilitating their subject mobile home. <br /> <br /> '''Procedure 4: Rehabilitation of Mobile Home Not Practical'''<br /> <br /> Relocatees are entitled to (1) a down payment not to exceed the computed rental subsidy based on the purchase of a DS&amp;S replacement mobile home and site (or conventional dwelling), or (2) if they prefer, a routine rental subsidy payment based on the monthly rental fee of a DS&amp;S replacement mobile home and site, or (3) a rental subsidy payment based on the mobile home and a rental subsidy payment based on the site; HOWEVER, no payment or combination of payments can exceed $7,200.<br /> <br /> '''C. Occupants With Less Than 90-Day Occupancy'''<br /> <br /> Mobile home owners who occupied the subject site for less than 90 consecutive days prior to the initiation of negotiations are not normally eligible for RHP; however, if they are in occupancy at the initiation of negotiations for the site or at the time the department acquires the subject site, they will be eligible for moving costs and it is necessary that comparable DS&amp;S replacement housing be made available to them that is within their financial means before they can be forced to move from the subject property. Any RHP necessary to enable relocatees in this category to occupy comparable DS&amp;S replacement housing must be paid under the last resort housing provisions.<br /> <br /> Decent, safe and sanitary replacement housing will be considered as being available to such relocatees if:<br /> <br /> :(1) a DS&amp;S mobile home is available which they can trade for (or buy outright) without placing them in financial difficulty considering the trade-in value of the subject mobile home, value of the subject site - if they own the site and the cost of a DS&amp;S replacement mobile home.<br /> <br /> :(2) a DS&amp;S rental unit, either a mobile home and site or a conventional dwelling unit, is available for a monthly rental fee that does not exceed 30% of the combined gross monthly income of the relocatees' family, or<br /> <br /> :(3) a DS&amp;S conventional dwelling is available for purchase with a down payment (conventional or otherwise) that does not exceed their equity in their existing mobile home and site.<br /> <br /> If it is determined that DS&amp;S replacement housing is available, so advise the relocatees and document the unit file accordingly. (If it is not available, it will be necessary to work out a solution under the Last Resort Housing Program.)<br /> <br /> '''(5) Mobile Home is Personal Property - Cannot be Moved Without Substantial Damage'''<br /> <br /> The general principles and specific policies outlined in preceding Section 236.8.8.3(a)(12)(4), which relate to situations in which it is not practical to rehabilitate the subject mobile home also apply when a mobile home is declared personal property and cannot be relocated without substantial damage or unreasonable cost '''except''', when a RHP is involved, the &quot;salvage value&quot; of the subject mobile home will be used in computing the payment instead of &quot;trade-in value.&quot; (The &quot;salvage value&quot; of the subject mobile home is the highest bid or purchase commitment that can be obtained for it if sold in place with full knowledge that it must be removed from the site at the buyer's cost.)<br /> <br /> When the policy in this subparagraph is applied, the unit file must be documented that the subject mobile home could not be moved without substantial damage.<br /> <br /> '''(6) Mobile Home is Personal Property - Does Not Meet Replacement Mobile Home Park Entrance Requirements'''<br /> <br /> The procedures discussed in this subparagraph are applicable when (1) a DS&amp;S displaced mobile home that has been classified as personal property is owner-occupied, and (2) the '''only''' comparable replacement mobile home sites available are in mobile home parks that will not accept the subject mobile home because it does not meet those parks entrance requirements.<br /> <br /> Should the relocatees move their mobile home to a replacement site of their choosing without the necessity for rehabilitating it, they will not be eligible for the mobile home RHP discussed in this subparagraph.<br /> <br /> '''NOTE''': Review preceding EPG 236.8.8.3(a)(12)(4) in its entirety as the general principles and definitions provided therein are applicable under the conditions discussed in this subparagraph.<br /> <br /> Relocatees who are entitled to a RHP based on the cost of a replacement mobile home ('''not''' on rehabilitation costs) are also normally entitled to reimbursement of their eligible incidental closing costs if they purchase a DS&amp;S replacement unit and, if they are an otherwise eligible 90-Day occupant, they can be paid an increased interest payment based on the mobile home mortgages.<br /> <br /> '''A. 90-Day Owner - Occupant of Mobile Home Located on Rented Site'''<br /> <br /> An eligible 90-Day mobile home owner-occupant in this category can be paid a RHP consisting of a RHP based on the mobile home and a rental subsidy covering the site on which the unit is located, the combined totals of which cannot exceed $31,000.<br /> <br /> If it is less expensive to rehabilitate the subject mobile home to make it admissible in a comparable replacement mobile home park, the relocatees' RHP will be equal to either (1) the lesser of two bids received from qualified bidders to accomplish the rehabilitation, or (2) the documented amount the relocatee actually spends in accomplishing the rehabilitation, whichever is the lesser.<br /> <br /> If rehabilitation is not practical, compute the relocatees' RHP offer by deducting the trade-in value of the subject mobile home from the amount necessary to purchase a comparable DS&amp;S mobile home that is acceptable in the replacement mobile home park. The relocatees' actual payment relating to the mobile home will be for the amount of the offer, or for an amount equal to the difference between the trade-in value and the amount actually spent by the relocatee in purchasing a DS&amp;S replacement mobile home that is acceptable in the available park or a conventional dwelling, whichever amount is the lesser.<br /> <br /> If relocatees who are eligible for a payment based on rehabilitation costs purchase a DS&amp;S replacement in lieu of rehabilitating the subject unit, their RHP will be for either (1) the lowest rehabilitation cost bid, or (2) the difference between the trade-in value of their existing unit and the actual price they pay for the replacement, whichever amount is the lesser. (In this case they would not be entitled to closing costs or an increased interest payment covering the replacement mobile home purchase.) If the relocatees purchase both a replacement mobile home and site, their total RHP cannot exceed the lesser of (1) $31,000, or (2) the difference between the acquisition price paid by the department for the Displacement mobile home and the total (combined) purchase prices of the replacement mobile home '''and''' site, or if applicable, the purchase price of a conventional replacement dwelling.<br /> <br /> If relocatees, whose RHP relating to their mobile home was based on rehabilitation costs, elect to rent a replacement rather than rehabilitate their existing unit, they can do so and be paid a rental subsidy payment based on the rental fee of a DS&amp;S replacement mobile home, that would meet the mobile home park entrance requirements and a site comparable to the subject site, or if necessary, on the rental fee of a conventional replacement dwelling.<br /> <br /> Their total rental subsidy payment would be the '''lesser''' of the following amounts: <br /> <br /> (1) 42 times the difference between the monthly economic rental fee that is applicable to the subject mobile home and site and the monthly rental fee charged for the most nearly comparable replacement mobile home and site, or conventional dwelling, that is available for rent, <br /> <br /> (2) 42 times the difference between the monthly economic rental fee that is applicable to the subject mobile home and site and the monthly rental fee of the replacement that they actually rent, <br /> <br /> (3) 42 times the difference between the monthly rental fee being paid for the subject '''site''' and the monthly rental fee of the most nearly comparable replacement site that is available for rent '''plus''' the lowest of the rehabilitation cost bids, or <br /> <br /> (4) $7,200.<br /> <br /> If the relocatees' RHP relating to the mobile home was based on the cost of a replacement mobile home, they can be paid a rental subsidy payment covering both the mobile home and site. The one rental subsidy payment not to exceed $7,200 would be computed in the routine manner using the monthly economical rental fee that is applicable to the subject mobile home and site. (In determining the economic rent applicable to the subject mobile home and site it is normally desirable to combine the actual existing site rental and the economic fee applicable to the mobile home.)<br /> <br /> Relocatees who rent rather than rehabilitate or purchase a replacement are entitled to a routine moving cost payment.<br /> <br /> '''NOTE''': Should the relocatees elect to use their rental subsidy as a down payment to replace the subject rented site, they will not normally be eligible for a RHP under the provisions of this subparagraph as they would not normally be required to meet any entrance requirements to relocate their mobile home on a replacement site that they own. (An exception could exist if (1) no replacement sites are available for rent, (2) the only replacement site available for purchase is in a mobile home park that sells sites, and (3) the subject mobile home does not meet the entrance requirements of the park that sells sites.)<br /> <br /> '''B. 90-Day Owner-Occupant - Also Owns Subject Site'''<br /> <br /> If the relocatees in this category own both the mobile home (personal property) and the site upon which it is located, they would not normally be eligible for the RHP discussed in this subparagraph.<br /> <br /> Two exceptions under which the relocatees could qualify for the type of mobile home RHP discussed in this subparagraph are:<br /> <br /> '''Exception One''': The only comparable DS&amp;S replacement mobile home sites available for purchase are located in mobile home parks that '''sell''' sites and the subject mobile home does not meet those park's entrance requirements.<br /> <br /> '''Exception Two''': All three of the following conditions exist: (a) a comparable replacement site is not available for purchase, (b) the relocatees are agreeable to renting a replacement site, and (c) the only comparable replacement rental site available is in a mobile home park that will not accept the relocatees' mobile home because it does not meet the park's entrance requirements. Under the first exception the relocatees could be paid two separate RHPs: one payment covering the site and the other covering the mobile home, under the specific policies, procedures and limitations set out in this subparagraph. (The combined total of the two payments cannot exceed $31,000.) Under the second exception the relocatees could be paid a routine rental subsidy payment covering the site and a RHP under the provisions of this subparagraph not to exceed a combined total of $31,000.<br /> <br /> '''C. Owner-Occupants With Less Than 90-Day Occupancy'''<br /> <br /> Mobile home owners who occupied the subject site for less than 90 consecutive days prior to the initiation of negotiations for such site are not eligible for payment under the policies discussed in this subparagraph; however, if they are in occupancy at the initiation of negotiations for the site or at the time the department acquires the subject site, they will be eligible for moving costs and it is necessary that comparable DS&amp;S replacement housing be made available to them that is within their financial means before they can be forced to move from the subject property. (Any RHP necessary to enable relocatees in this category to occupy comparable DS&amp;S replacement housing must be paid under the last resort housing provision).<br /> <br /> Decent, safe and sanitary replacement housing will be considered as being available to the relocatees if (1) a replacement mobile home site is available that will enable the relocatees to reestablish their mobile home in a comparable decent, safe and sanitary manner '''provided''' that such site can be rented for a monthly rental fee that does not exceed 30% of the combined gross monthly income (if they are considered “low income”) of the relocatees' family, (2) an adequate replacement mobile home site is available for purchase that is within the relocatees' financial means, (3) a conventional DS&amp;S rental dwelling unit, or an established mobile home, is available for a monthly fee that does not exceed 30% of the relocatees' gross monthly income (if they are considered “low income”), (4) the relocatees are financially able to trade for (or buy outright) a mobile home that is acceptable in the replacement mobile home park which will not accept the subject unit, and (5) a DS&amp;S conventional dwelling is available for purchase that is within the relocatees' financial means and which they can buy with a down payment that does not exceed their equity in the existing mobile home. (If it is determined that DS&amp;S replacement housing is available to the relocatees, a memo must be placed in the unit file to explain the decision.)<br /> <br /> If it is determined that DS&amp;S replacement housing is available, advise the relocatee and document the unit file accordingly. If it is not available, it will be necessary to work out a solution under the Last Resort Housing Program.<br /> <br /> '''(13) Subject Dwelling Owned in Partnership Between Occupants and Non-occupants'''<br /> <br /> Eligible occupants who own the subject dwelling in partnership with other parties who are not occupants will be entitled to a RHP equal to the '''lesser''' of the following amounts:<br /> <br /> '''Computation A''': The difference between the '''total''' amount paid for the subject residential property and the price of the most nearly comparable DS&amp;S replacement dwelling.<br /> <br /> '''Computation B''': The difference between the portion of the payment for the subject residential property that the relocatees receive and the actual amount paid '''by such relocatees''' for a DS&amp;S replacement dwelling. If the relocatees purchase the replacement in partnership with other parties who were not in occupancy of the subject do '''not''' consider any portion of the replacement purchase price that was paid by the other parties.<br /> <br /> When completing the RHP Claim Form show preceding Computations A in the first spaces on the first and second lines under the Computations Section of the form and Computations B in the second spaces on the same two lines.<br /> <br /> Should two or more eligible individuals and/or families occupy the subject single-family dwelling, combine the applicable instructions in this subparagraph with those provided in EPG 236.8.8.3(a)(7).<br /> <br /> '''NOTE''': Partial owner-occupants who cannot secure financing or who cannot afford to purchase comparable replacement housing can be treated as tenants and receive a rental subsidy payment instead of a RHP.<br /> <br /> '''(14) Relocatee Purchases Replacement in Partnership With Other Parties'''<br /> <br /> When eligible displaced owner-occupants purchase their replacement dwelling in partnership with other parties, as discussed in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2(h)]], compute their payment by using a Replacement Housing Claim Form in the following manner:<br /> <br /> '''Step 1''': Complete the form as discussed in [[236.8 Relocation Assistance Program#236.8.8.4 RHP Claims|EPG 236.8.8.4]], down to the &quot;Computations&quot; section.<br /> <br /> '''Step 2''': Ascertain the percent of ownership that the relocatees acquired in the replacement property.<br /> <br /> '''Step 3''': Apply the percentage figure arrived at in Step 2 above to the total amount paid for the replacement property to determine the portion of such payment that was the relocatees' obligation to pay.<br /> <br /> '''Step 4''': Insert the amount arrived at in Step 3 in the second space on the first line under the &quot;Computations&quot; section on the form. (This action will reflect the subject relocatees' &quot;actual cost&quot; as being the amount arrived at in Step 3.)<br /> <br /> '''Step 5''': Complete the balance of the form in the routine manner '''unless''' an increased interest payment or incidental closing costs are involved. If incidental closing costs are involved, adjust the total incidental cost figure (tenth line under &quot;Computations&quot;) to include only the portion of such costs, which would have been the subject relocatees' obligation to pay. (Apply the same percentage figure arrived at in Step 2 above to the total incidental closing cost figure to determine the relocatees' portion of such closing costs.) If the relocatee is also entitled to an increased interest payment, see [[236.8 Relocation Assistance Program#236.8.10.3 Payment Computations|EPG 236.8.10.3(e)(15)]], for instructions concerning the amount to include in the claim form as the applicable increased interest payment amount.<br /> <br /> Make any notations on the back of the claim form that are necessary to clarify the amounts included therein.<br /> <br /> The unit file must be documented to reflect and support the above computations. (Also see [[236.8 Relocation Assistance Program#236.8.1.5 Ownership Qualifications|EPG 236.8.1.5(f)]].)<br /> <br /> '''(15) Insurance Proceeds From Catastrophic Occurrence'''<br /> <br /> The amount of any insurance proceeds received by a relocatee in connection with a loss to the displacement dwelling such as a fire, flood or wind storm shall be added to the department's right of way offer and to the right of way payment for the dwelling when computing the RHP offer and payment. Insurance proceeds from the loss of contents within the dwelling are '''not''' to be included in the RHP computations.<br /> <br /> '''(a) Replacement Housing Comparison Record (RA Form 236.8.8.3(b).)'''<br /> <br /> '''(1) When Prepared'''<br /> <br /> The district must make eligible owner-occupants a written RHP offer at the initiation of negotiations. A Replacement Housing Comparison Record (RA Form 236.8.8.3(b) will be used in establishing this offer).<br /> <br /> The Replacement Housing Comparison Record should be completed during the period that the appraisals of a parcel are being reviewed so that negotiations can be initiated immediately after an approved negotiating figure is received. The normal procedure is to complete all of the Replacement Housing Comparison Record for a property during the appraisal review period '''except''' the line designated &quot;Department's Offer Before Value For Subject Residential Property&quot; which can be quickly completed upon receipt of the approved negotiating figure.<br /> <br /> If the Comparison Record is completed prior to the time an approved negotiating figure is received, as discussed in the preceding paragraph, it will be necessary to use the negotiating figure recommended by the district in computing the RHP offer. When this procedure is used, it is essential that the recommended negotiating figure used in the computations be compared with the approved negotiating figure. If they differ, the Replacement Housing Comparison Record '''must''' be revised using the approved negotiating figure.<br /> &lt;div id=&quot;(2) Selection of&quot;&gt;&lt;/div&gt;<br /> '''(2) Selection of &quot;Comparables&quot;'''<br /> <br /> In every case, the comparables used in the Replacement Housing Comparison Record must:<br /> <br /> :A. Be currently available for purchase on the market.<br /> <br /> :B. Meet decent, safe and sanitary requirements.<br /> <br /> :C. Meet the definition of &quot;Comparable Replacement Dwelling&quot; as set out in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(i)]].<br /> <br /> :D. Be the three dwellings that are most '''nearly''' &quot;comparable&quot; to the subject than any other available properties that meet the above requirements. The relocatees' choice of replacement housing and/or areas in which they desire to relocate are '''not''' factors in selecting the comparables to be used in the Replacement Housing Comparison Record.<br /> <br /> Comparables must be &quot;functionally equivalent&quot; to the displacement dwelling with particular attention to the number of rooms and gross living space. The comparable selected for use in computing the relocatees' RHP offer should be the available DS&amp;S dwelling that is most comparable in all ways to the displacement dwelling. Gross living space is based on outside measurements excluding garages and unfinished areas.<br /> <br /> To be functionally equivalent, the comparable must perform the same primary functions as the displacement dwelling and enable the relocatees to maintain the same lifestyle as before displacement. For example, if the relocatees had sleeping accommodations for themselves and two separate house guests in the displacement dwelling, they must have the same capabilities in the comparable replacement dwelling.<br /> <br /> It is desirable that the comparable replacement be physically similar to the subject in regard to age, type construction, room arrangement, specialized furnishings or minor attributes, so long as it '''is''' functionally equivalent. For example, if a displacement dwelling contains a garage which is used as a laundry room, a comparable replacement dwelling with sufficient space to perform the same function meets the comparability requirement.<br /> <br /> A reduction in the number of rooms or living area in a selected comparable as compared to the displacement dwelling is not normally authorized. An exception may exist, with concurrence from the Right of Way Section, if a relocatee specifically requests a smaller unit. Only in unusual circumstances may a comparable replacement dwelling contain fewer rooms or living area than the displacement dwelling. Such may be authorized when a DS&amp;S comparable replacement dwelling, which is adequate to meet the needs of the relocatees, is found to be &quot;functionally equivalent&quot; to a larger but very run-down substandard displacement dwelling.<br /> <br /> When mobile homes are involved use outside dimensions when computing square footages, both in the subject and comparables.<br /> <br /> To the extent feasible, comparable replacement dwellings must be selected from the neighborhood in which the displacement dwelling was located or, if that is not possible, in nearby or similar neighborhoods where housing costs are generally the same or higher.<br /> <br /> A comparable replacement site should include normal site improvements, including customary landscaping but need not include major exterior attributes such as outbuildings, swimming pools and greenhouses. Should a selected comparable lack customary landscaping, it is permissible to add the reasonable cost of providing it to the price of the comparable. Landscaping costs should be based on the price of normal-sized balled nursery stock, not on the price of large and/or mature-sized plantings. The cost of providing grassed lawns should be based on seeding the area.<br /> <br /> The most nearly comparable DS&amp;S replacement available will be used in computing the RHP '''unless''' it is not adequate to accommodate the relocatees, in which case, the most nearly comparable DS&amp;S replacement available that is adequate to meet their needs will be selected and used in computing the payment.<br /> <br /> The most common reasons for disqualifying a comparable replacement due to its inability to accommodate the relocatees will be (1) an inadequate number of bedrooms to enable family members (other than infants and small children) to be separated according to sex, (2) an inadequate number of bedrooms to avoid &quot;overcrowding&quot; and (3) an inability to meet the specific needs of aged and/or permanently disabled relocatees.<br /> <br /> Any qualified member of the right of way staff can select comparable replacement housing. There is a space on the Replacement Housing Comparison Record for the district Right of Way Manager to concur in the selection of the comparable replacement dwelling. At least two people must agree on the selection. Should the district Right of Way Manager complete and execute the Comparison Record, the district engineer will sign the concurrence space.<br /> <br /> The staff member who selects the &quot;comparables&quot; and completes the Replacement Housing Comparison Record must have access to listings of available replacement housing in the area and '''must''' not be influenced in the selection of such comparables. The district Right of Way Manager can reject the individual's selection of comparables and select others, with justification in writing, but cannot direct the staff member to select comparables of the district Right of Way Manager’s choosing.<br /> <br /> The individual who selects the &quot;comparables&quot; must also be provided a copy of the relocatees' &quot;Relocatee Needs Questionnaire,&quot; so he/she will be aware of the relocatees' needs and therefore be in position to select comparables that are &quot;adequate to accommodate the relocatee.&quot;<br /> <br /> It is also necessary that the individual who selects the comparables always conduct an outside inspection of the dwelling that is being acquired by the department. An interior inspection will not be required '''if''' the right of way appraisal includes both a plat and a description of the interior of the dwelling. The exterior of comparable replacement housing used in computing RHPs and the neighborhood in which they are located, must always be visually inspected by the individual who selects the comparables. An interior inspection is not required when reliable information is available regarding the interior.<br /> <br /> Although the price of potential replacement housing is not a factor in selecting comparables, overpriced dwellings should be ignored.<br /> <br /> Housing that is scheduled for future demolition should never be used as comparables on a Replacement Housing Comparison Record.<br /> <br /> A Replacement Housing Comparison Record, once completed for a subject property, should not be revised or replaced unless:<br /> <br /> :A. An actual error was made in completing the original comparison record.<br /> <br /> :B. The situation discussed in EPG 236.8.8.3(c)(4), exists.<br /> <br /> :C. A new study is necessary as the result of an administrative review as discussed in [[236.8 Relocation Assistance Program#236.8.15.1 Appeals of Offers and/or Ineligibility Decisions|EPG 236.8.15.1]].<br /> <br /> :D. A condemnation agreement is being used and the conditions in EPG 236.8.8.3(d), requiring a &quot;new&quot; comparable replacement selection are in existence.<br /> <br /> :E. It is necessary to recompute a RHP offer which was based on the confirmed price of a replacement dwelling that '''exceeds''' the comparability requirement when the replacement was selected on the basis of &quot;adequacy to meet the relocatees' needs&quot; if the department learns that the need for the additional space, room or special requirement has been eliminated before the displacement occurs and that the relocatees have not already committed themselves in the purchase of a replacement dwelling to the extent that they would suffer financial loss if they do not complete the transaction. <br /> <br /> See EPG 236.8.8.3(c)(8), REGARDING REDUCTIONS IN RHP OFFERS.<br /> <br /> If an original comparison record is changed or if a new one is prepared to supersede the original, the unit file '''must''' be documented to clearly reflect the '''necessity''' for such action.<br /> <br /> '''NOTE A: Capital Improvements Involved'''<br /> <br /> If the most comparable DS&amp;S replacement dwelling available is acceptable '''except''' for a specific feature which can '''reasonably''' be &quot;cured,&quot; for example, by adding a carport, garage or other '''rather easily accomplished''' capital improvements, it is permissible, with prior concurrence from the Right of Way Section to add the estimated cost of the &quot;cure&quot; to the price of the comparable and use the total figure as the amount necessary to purchase the comparable DS&amp;S dwelling available. It '''is not''' intended that this procedure be applied as routine practice.<br /> <br /> If authorized &quot;costs-to-cure&quot; are involved and the comparable is purchased by the relocatee, the work must be accomplished within the one-year period allowed for purchasing and occupying a replacement property; however, the replacement housing claim must not be filed until after the &quot;cures&quot; are completed so receipted bills can be provided with the claim to prove the amount of the expenditures involved.<br /> <br /> '''NOTE B: Comparable Replacement Housing for Disabled Persons'''<br /> <br /> To meet DS&amp;S requirements when a disabled person is displaced, a comparable replacement dwelling must be free of any barriers that would preclude reasonable ingress, egress or use of the unit by the relocatee.<br /> <br /> If a comparable replacement dwelling cannot be located which meets this specific requirement, the estimated cost of modifying an otherwise comparable replacement dwelling to cure the DS&amp;S deficiencies should be added to the price of the comparable. The instructions in preceding NOTE A are generally applicable.<br /> <br /> '''NOTE C: Comparable Replacement Dwelling Located in Floodplain'''<br /> <br /> A comparable replacement dwelling cannot be located in a floodplain '''unless''' (1) the displacement dwelling is located in a floodplain '''and''' (2) similar or better flood insurance available at the displacement site is also available at the comparable replacement site without a substantial increase in cost.<br /> <br /> Relocatees who select, purchase and occupy DS&amp;S replacement housing in floodplains will be eligible for any RHP they are otherwise eligible to receive.<br /> <br /> '''NOTE D: Major Exterior Improvements'''<br /> <br /> A comparable replacement site should include normal site improvements, including customary landscaping, but need not include special improvements such as outbuildings, swimming pools and greenhouses.<br /> <br /> If the comparable replacement site '''does''' include the special improvements, the full approved right of way acquisition offer and payment for the displacement residential property (including the value of such special improvements) should be used in computing the replacement housing offer and payment. If the replacement site does '''not''' include such improvements, their value must be subtracted from the right of way acquisition offer and payment when computing the RHP offer and payment. (The procedures in EPG 236.8.8.3(a)(2), are applicable when &quot;carving out&quot; the portion of the acquisition offer that is chargeable to the special improvements.)<br /> <br /> Occasionally the replacement property actually purchased and occupied by a relocatee will lack a major exterior improvement that was present in '''both''' the subject property and the selected comparable used in computing the RHP offer. In this case, the entire approved right of way acquisition offer for the subject residential property, including the value of the referenced exterior improvement, will have been used in the offer computations.<br /> <br /> If the relocatee adds '''this specific improvement''' to the replacement property, include its actual, reasonable and documented cost to the purchase price of the replacement when determining the &quot;actual cost&quot; of the replacement residential property for use in computing the RHP.<br /> <br /> '''(3) Instructions for Preparation of Replacement Housing Comparison Record'''<br /> <br /> For &quot;Type Property Involved&quot; use descriptive terms such as &quot;single-family, 6-room, brick ranch-type dwelling with 3 bedrooms.<br /> <br /> The next space on the form is provided to show the total square feet of gross living area in the subject dwelling unit.<br /> <br /> Check whichever blank space is applicable on the next line to reflect a total or partial right of way acquisition.<br /> <br /> The next space is provided to show the approved right of way offer for the subject '''residential''' property '''including''' any offer for an uneconomic remainder of the residential parcel. If the acquisition involves a single-family residential property located on a normal residential building lot, the total approved negotiating figure will be shown in the blank space. If the acquisition includes the residential property '''plus''' other lands, show '''only''' the prorated portion of the approved negotiating figure that is chargeable to the residential improvements and supporting land area.<br /> <br /> Show by check mark whether the amount to be used in computing the RHP offer is the total right of way offer or a prorated portion of the right of way offer or before value.<br /> <br /> The three sections provided to describe the available replacement properties, on which the computations are based, are to be completed as follows.<br /> <br /> On the first line use a street address if possible, if not, refer to distances and directions from known landmarks in describing the location, such as by intersections, named stream crossings.<br /> <br /> The name of the owner of the replacement must be provided on the second line, as well as the name of the Realtor or real estate firm handling the sale. The Realtor's address is to be shown on the third line. If the owner is handling the sale, without the assistance of a Realtor, insert the word &quot;none&quot; in the space provided to show the Realtor's name and provide the owner's address in the next space in lieu of a Realtor's address.<br /> <br /> The individual preparing the Replacement Housing Comparison Record must personally contact the Realtor, or if no Realtor is involved, the owner of the property, and confirm the asking price of the property. Insert this amount as the &quot;asking price&quot; in the first space on the fourth line and the name of the person who confirmed that price in the second space.<br /> <br /> Dwellings that are obviously overpriced must not be used as comparables on the comparison record.<br /> <br /> A space has been provided on the back of the form for a narrative comparison of each comparable to the subject. The narrative '''must''' provide a word picture of the important similarities and differences between the two properties with particular emphasis on functional similarities and differences. Specific spaces have been provided at the beginning of each narrative to show the square feet of gross living space contained in the comparable, how the square footage determination was made, total number of rooms and number of bedrooms.<br /> <br /> '''NOTE A: Less Than Three Replacements Available'''<br /> <br /> If three replacement properties cannot be located, document the file. The documentation should discuss the effort that was made to locate three replacements. If no replacements are available, the form cannot be used. The procedure to follow when no acceptable replacements are available is discussed later in this section of the Manual.<br /> <br /> The section of the form headed &quot;Final Determination&quot; must be completed as follows.<br /> <br /> On each of the first three lines in this section simply insert the confirmed asking/listing price of the correspondingly numbered replacement property. <br /> <br /> Next choose the replacement that is most nearly '''comparable''' to the subject and insert its number in the space provided on the fourth line. The price of that replacement will be shown on the next line.<br /> <br /> Complete the &quot;Final Determination&quot; section by subtracting the department's right of way offer or pro rated offer for the subject residential improvements and supporting land, or, if applicable, the before value of the right of way parcel, from the price of the selected comparable and arrive at the RHP offer.<br /> <br /> The Comparison Record is to be completed and signed by the person who selected the comparables. The form is also to be signed by the Right of Way Manager.<br /> <br /> When no suitable replacement properties are available for purchase or when a new house that meets comparability requirements can be built for less than the most nearly comparable replacement available, the maximum RHP will be computed on the basis of new house construction. The computed payment will be the difference between the amount paid to the relocatees for their residential improvements and supporting land area and the estimated cost of acquiring a building lot and constructing a comparable DS&amp;S replacement dwelling thereon.<br /> <br /> When considering comparability, rely on functional similarity. If the subject is, for example, a large two-story house of old style design that includes large hallways and other &quot;extra space,&quot; do not duplicate it. Instead, consider a replacement of modern design which would provide the same utility. Normally, the replacement cost should be based on a house of similar construction - brick to brick, frame to frame, etc., and overall no less desirable than the subject.<br /> <br /> The estimated cost of the new house and building lot must be prepared in writing, supported and signed by a qualified member of the right of way staff, normally an appraiser. A district certified appraiser or district Right of Way Manager must also sign it. If the reviewer cannot agree with the cost estimate, he/she must make the necessary revisions and support them in writing. In such instances, the revised figure provided by the reviewer will be used in computing the payment.<br /> <br /> The house plan used in computing the estimated cost can be the actual plan the relocatees intend to use '''if''' reasonably comparable to the subject. If it is not reasonably comparable, the estimator would select a plan for a dwelling that he/she feels is more nearly comparable.<br /> <br /> The actual RHP will be the difference between the amount paid to the relocatees for their residential improvements and supporting land area and the amount they actually spend in purchasing a replacement building lot and constructing the new house not to exceed the computed RHP offer. If they rebuild on previously owned land, the current fair market value of land, equal in size to a residential building lot, can be added to their actual construction costs to determine their overall expenditure. The relocatees must be advised to retain receipts to prove their expenditures and costs. The instructions in EPG 236.8.8.3(a)(l0), relating to the value of any labor performed by the relocatees and to the cost of previously owned land used as a building lot are also applicable in determining their overall expenditure when new house construction is involved.<br /> <br /> A summary sheet should be prepared for the unit file showing how the maximum RHP offer was computed. The summary should show the portion of the right of way offer that was chargeable to the subject residential improvements and supporting land area and the estimated construction cost figures as discussed above.<br /> <br /> A second summary should be prepared after the final right of way payment is made to show the amount actually paid for the subject residential property by the department and the relocatees' actual construction costs to prove the accuracy of the replacement housing payment being made to the relocatees.<br /> <br /> '''NOTE B: When Applicable to Replacement Farm Homes'''<br /> <br /> When an owner-occupied dwelling is acquired by the department, which is located on a farm unit of adequate size to support a self-sustaining farm operation after the acquisition and when the owners are actually conducting farming operation thereon which contributes at least one-third of their total net income, assume that a replacement dwelling at some other location would not be &quot;reasonably accessible to the relocatees' place of farm employment.&quot; It would be proper to compute the owners' RHP on the basis of constructing a replacement DS&amp;S dwelling on their remaining land.<br /> <br /> If the relocatees have two distinctly different farm operations at two different and disconnected locations, neither operation related to or dependent on the other, they will not normally qualify for a RHP based on new house construction if the subject dwelling that was acquired by the department was located on one farm and the replacement was constructed on the other unless no other existing DS&amp;S replacement housing was available.<br /> <br /> If the owners acquire or build a replacement house at any other location, their payment will be computed in the routine manner.<br /> <br /> When the payment is based on new house construction, due to the subject dwelling being located on a farm that is adequate in size after the acquisition to contain a self-sustaining farm operation, the file must be documented to show that the remaining farm is in fact adequate to contain this type operation.<br /> <br /> If the relocatees have income not directly related to the farming operation, it will be necessary for them to provide a copy of their most recent federal income tax return to prove that the farm operation produces at least one-third of their total net income. If there are extenuating circumstances involved which cause the District to feel that relocatees are entitled to remain on their farm unit, even though their farm operation does not produce one-third of their total income, submit all facts to the Right of Way Section for final determination.<br /> <br /> '''(b) Payment Computation Adjustments'''<br /> <br /> '''(1) Changes in Right of Way Offers Due to Value Adjustments'''<br /> <br /> If the right of way offer for an owner-occupied residential dwelling which is being acquired in its entirety is changed due to a value adjustment, the maximum RHP offer can be recomputed by inserting the revised right of way offer in the applicable spaces on the Replacement Housing Comparison Record Form and deducting it from the price of the previously determined most nearly comparable replacement property available.<br /> <br /> If right of way offers are changed which include payment for &quot;other lands,&quot; or which involve any other situation where prorations are required as discussed in this section, it will be necessary to revise those prorations prior to recomputing the payment. The same appraiser who prepared the original proration should also prepare the revision. A district certified appraiser or right of way manager must approve the revised proration.<br /> <br /> After the revised prorated value of the residential improvements and supporting land area is determined, the RHP can be recomputed.<br /> <br /> An explanation will be required for the unit file to support a determination that it was not necessary to change the prorated amount assigned to the residential improvements and supporting land area when the total right of way offer was later increased or decreased.<br /> <br /> If the right of way offer for the partial acquisition of a normal-sized residential property is adjusted, the adjusted before value of the property will be used in computing the RHP offer.<br /> <br /> '''(2) Changes in Right of Way Offers Due to Administrative Settlement'''<br /> <br /> In these cases the portion of the original offer that was chargeable to the residential improvements and supporting land area '''must''' be increased in the same percentage ratio that the overall offer was increased.<br /> <br /> '''(3) Changes Necessary Due to Updating of Appraisals'''<br /> <br /> When right of way negotiations are delayed for a substantial period of time after the appraisals for a parcel are completed, the appraisals will normally be updated to reflect value changes that have occurred since the appraisals were completed. If the approved negotiating figure for an owner-occupied dwelling is changed, it will be necessary to revise the RHP offer. When this occurs the following procedure is applicable:<br /> <br /> Determine if the selected comparable that was used in computing the relocatees' RHP offer is still available, or, if not, whether a different DS&amp;S comparable is currently available for a price that does not exceed the price of the original comparable. If so, the revised RHP offer will be based on the difference between the price of the original comparable and the new approved negotiating figure for the residential property. If not, the revised RHP offer will be based on the difference between the price of a newly selected comparable that is currently available to the relocatee and the portion of the new approved negotiating figure that is chargeable to the residential improvements and supporting land area.<br /> <br /> In instances when the right of way acquisition includes lands or property in addition to the residential property, a proration (carve out) will have been accomplished to determine the portion of the original approved negotiating figure that was chargeable to the residential improvements and supporting land area. If the new approved negotiating figure for the parcel is based on actual documented value adjustments that are specifically applicable to the subject property involved, it will be necessary to revise the original proration in the manner discussed in preceding subparagraph (2), before recomputing the new RHP offer. If, however, the overall appraised value of the parcel is simply being updated due to a general increase in property values during the period of time since the appraisals were made normally shown as a percentage of increase experienced by similar properties in the area, the instructions in preceding subparagraph (3), are applicable.<br /> <br /> '''(4) Changes Necessary When Selected Comparable Replacement Dwellings Are No Longer Available'''<br /> <br /> If the relocatees request assistance in finding replacement housing, they must be shown housing which is available for purchase for an amount which does not exceed the combined total of the department's right of way offer for their residential improvements and supporting land area and their computed RHP offer.<br /> <br /> This can be accomplished easily if the replacement dwelling that was selected as being most nearly comparable to subject on the Replacement Housing Comparison Record is still available for purchase. Merely re-advise them of the availability of the comparable replacement dwelling that was used in computing their maximum replacement housing offer.<br /> <br /> If the selected replacement dwelling listed on the comparison record is no longer available or later found to be not comparable or DS&amp;S, it will be necessary to determine if a different DS&amp;S comparable is currently available for a price that does not exceed the price of the original comparable. If so, advise the relocatees of the newly located comparable.<br /> <br /> If a &quot;different&quot; comparable cannot be located, it will be necessary to compute a new offer based on the most nearly comparable DS&amp;S replacement dwelling that is currently available to the relocatees. This will be accomplished by completing a new Replacement Housing Comparison Record.<br /> <br /> Always retain all comparison records in the unit file '''including''' those that have been voided and/or superseded.<br /> <br /> If no new comparables can be located, it will probably be necessary to recompute the offer on the basis of new house construction. Should the payment based on new house construction exceed $31,000, the feasibility of providing a suitable DS&amp;S replacement dwelling unit under the Last Resort Housing Program must be determined.<br /> <br /> It will normally be necessary to recompute a RHP offer if (1) the relocatee requests that the department point out a specific DS&amp;S replacement that can be purchased for an amount that does not exceed their combined right of way and replacement housing offer and the department cannot do so, (2) the relocatee did not have sufficient time to enter into a purchase agreement for the selected comparable, or (3) it is not possible to locate a currently available DS&amp;S comparable that can be purchased for a price that does not exceed the price of the comparable that was used in computing the relocatees' original RHP offer.<br /> <br /> Recomputed RHP offers that are '''less''' than the original offer can be presented to the relocatees only when the reduced offer would not cause them to suffer financial loss, embarrassment or other problems of consequence due to their inability to fulfill previous good faith commitments made in anticipation of receiving the original offer.<br /> <br /> The reduction of RHP offers is not to be considered routine procedure. The action must be carefully considered on a case-by-case basis.<br /> <br /> When a reduced RHP offer is involved, the unit file must be documented to show that none of the above prohibitions existed.<br /> <br /> '''(5) Changes Necessitated by Condemnation Awards and/or Final Legal Settlements'''<br /> <br /> See following sections (d) and (f).<br /> <br /> '''(6) Changes When Owners Retain Salvage Rights For a Reduced (or Nil) Charge'''<br /> <br /> When property owners are permitted to retain salvage rights in their right of way settlement without cost or for a reduced salvage value and with little or no deduction from their right of way payment, the full value of the salvage items involved, as reflected on the approved right of way [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Form 6.3.3], must be added to the &quot;cash&quot; consideration paid by the department for their residential property when computing the amount of their actual RHP. Include the salvage values as a part of the owners' &quot;Right of Way Payment&quot; when completing the second line under &quot;Computations&quot; on their Replacement Housing Claim Form, [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Claim%20Form%20236.8.8.4.B.pdf RA Form 236.8.8.4(b)]. This instruction is not applicable if the value of the salvageable items was reduced for the reason that they had been &quot;overpriced&quot; as salvage in the original appraisal process. In this case, the adjusted salvage values, instead of the original salvage values, would be added to the &quot;cash&quot; consideration paid for the residential property when computing the RHP.<br /> <br /> '''(7) Other Changes in RHP Offers'''<br /> <br /> Approval for the recomputation of RHP offers may also be obtained from the Right of Way Section on a case-by-case basis when the original offer was of necessity based on a substantially better than comparable replacement dwelling when:<br /> <br /> :(1) a more nearly comparable replacement dwelling becomes available which would produce a more realistic RHP offer, and<br /> <br /> :(2) a reduction in the RHP offer would not cause the relocatee to suffer financial loss, embarrassment or other problems of consequence due to his/her inability to fulfill previous good faith commitments made in anticipation of receiving the original offer.<br /> <br /> A corrected &quot;Eligibility Notice&quot; must be provided to relocatees who’s RHP offers are revised.<br /> <br /> '''(c) Advanced RHPs in Condemnation Cases'''<br /> <br /> The same procedure is applicable in carrying out the various phases of the Relocation Program when condemnation is involved except when the owner of a residential property being acquired through condemnation is entitled to a RHP.<br /> <br /> Relocatees who are entitled to RHPs and whose properties are being acquired through condemnation can elect either of the two following options in claiming such payment.<br /> <br /> :(1) The qualified owner-occupants can enter into a Condemnation Agreement, RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20Residential%20Property%20Form%20236.8.8.3.E.1.pdf Form 236.8.8.3(e)(1)]), or [http://eprojects/Templates/RW/Chapter%208_Relocation/Condemnation%20Agreement%20other%20than%20Residential%20Property%20236.8.8.3.E.2.pdf Form 236.8.8.3(e)(2)], whichever is applicable, as discussed in the following paragraphs and receive their RHP prior to final settlement of their condemnation case, OR<br /> <br /> :(2) They can wait until final settlement of their condemnation case and then file a replacement housing claim.<br /> <br /> Condemnation agreements are not applicable when a 90-Day owner elects to rent rather than purchase replacement housing.<br /> <br /> '''If the first option is chosen, the following procedure is applicable'''.<br /> <br /> If the acquisition involves a residential property only, with no other lands, property or rights involved, the RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20Residential%20Property%20Form%20236.8.8.3.E.1.pdf Form 236.8.8.3(e)(1)] is applicable. If, however, the acquisition includes land, property, or rights in addition to the residential improvements and supporting land area, the RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20other%20than%20Residential%20Property%20236.8.8.3.E.2.pdf Form 236.8.8.3(e)(2)] must be used. The latter agreement is applicable when residential quarters and a business operation are both located in the same building.<br /> <br /> The agreement can be signed:<br /> <br /> :1. '''after''' the condemnation commissioners' award is paid into court,<br /> <br /> :2. '''after''' the relocatees have purchased and occupied a DS&amp;S replacement dwelling and are otherwise eligible for the payment, and<br /> <br /> :3. '''prior''' to final settlement of their condemnation case.<br /> <br /> When a condemnation agreement is used, the RHP '''must''' be recomputed after the condemnation commissioners' award has been filed and prior to execution of the agreement, and shall be the difference between the portion of the condemnation commissioners' award that is chargeable to the subject residential property and the actual amount paid for a DS&amp;S replacement dwelling by the relocatees or the difference between such condemnation commissioners' award and the price of the most nearly comparable DS&amp;S replacement dwelling available, '''whichever is the lesser'''. Instructions in following subsection (2) explain how to determine the portion of the condemnation commissioners' award that is chargeable to the subject residential property.<br /> <br /> The price of the selected comparable replacement dwelling reflected in the original Replacement Housing Comparison Record will be used in the above recomputations '''unless''' all of the following conditions exist:<br /> <br /> :1. The relocatees contend that there was no comparable DS&amp;S replacement dwelling available between the time they received their first vacancy notice and the required vacancy date quoted in their final &quot;Notice to Vacate&quot; that could have been purchased for the price of the comparable replacement used in computing their original RHP offer. The date that the relocatees actually moved is not a factor in the recomputations.<br /> <br /> :2. The confirmed price of the most nearly comparable replacement dwelling unit that was available between the time the relocatees received their first vacancy notice and the required vacancy date quoted in their final &quot;Notice to Vacate&quot; '''was higher than''' the price of the comparable that was used in computing their original RHP offer. To make this determination, the newly selected comparable does not have to be currently available but must have been available for a reasonable period between the issuance of the relocatees' first and final vacancy notices. A new Replacement Housing Comparison Record, RA Form 236.8.9.3(b), must be used in the selection of the new comparable replacement dwelling and the unit file must be fully documented to reflect and support the District's decisions and actions. The new comparable should not normally be selected prior to the expiration date set out in the relocatees' final &quot;Notice to Vacate.&quot;<br /> <br /> IF THE RECOMPUTED BASIC RHP EXCEEDS $31,000, '''DO NOT''' USE CONDEMNATION AGREEMENTS Form 236.8.8.3(e)(1) OR Form 236.8.8.3(e)(2). When this situation is experienced, provide all facts involved to the Right of Way Section and request that a separate condemnation agreement be prepared that is workable under the specific circumstances involved. The Last Resort Housing Program would normally be involved under this circumstance.<br /> <br /> '''NOTE A: Incidental Closing Cost and/or Increased Interest Payment'''.<br /> <br /> Owner-occupants whose residence is acquired by condemnation can be reimbursed for their eligible incidental closing costs and paid any increased interest payment without the need for a condemnation agreement.<br /> <br /> If an incidental closing cost and/or increased interest payment is paid in advance of final settlement of a condemnation case, the unit file must be &quot;flagged&quot; to ensure that these payments will not be duplicated should the relocatee become eligible for a RHP at the time the case is finally settled. (See NOTE B at the end of [[236.8 Relocation Assistance Program#236.8.8.4 RHP Claims|EPG 236.8.8.4(b)]], for instructions for completing Claim RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Claim%20Form%20236.8.8.4.B.pdf Form 236.8.8.4(b)], when incidental closing costs and/or increased interest payments are made under the conditions discussed in this NOTE.)<br /> <br /> '''(1) Condemnation Agreement, Residential Property Only, No Other Property Included in Acquisition''' (RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20Residential%20Property%20Form%20236.8.8.3.E.1.pdf Form 236.8.8.3(e)(1)])<br /> <br /> This form is applicable regardless as to whether a partial or total acquisition of residential property is involved.<br /> <br /> Instructions for completing RA Form 236.8.8.3(e)(1) are as follows:<br /> <br /> In the first paragraph include the names of the owners of the residential property to whom the RHP will be made.<br /> <br /> The second paragraph of the agreement refers to &quot;property as described in Exhibit No. 1. A copy of the legal description, describing the right of way taking, must be attached to each copy of the agreement.<br /> <br /> In subsection number 1, under &quot;Owners Agree,&quot; show the condemnation commissioners' award for the subject property.<br /> <br /> The amount to be shown in the second-numbered paragraph (No. 2) is the previously discussed recomputed RHP. This same amount will also be shown in the blank space on the third line of subparagraph (1) under &quot;Commission Agrees.&quot;<br /> <br /> The agreement is to be executed, on behalf of the commission.<br /> <br /> All owners whose names are included in the first paragraph of the agreement must sign in the spaces provided at the end of the agreement. <br /> <br /> A minor who is an owner-occupant can sign a condemnation agreement. If a guardian has been appointed for the minor, the guardian should also sign the agreement. In cases where infants and young children are involved, the child's guardian would sign the agreement and the minor would not be required to.<br /> <br /> '''(2) Condemnation Agreement, Land Other Than Residential Property Involved'''(RA [http://eprojects/Templates/RW/Chapter%208_Relocation/Condemnation%20Agreement%20other%20than%20Residential%20Property%20236.8.8.3.E.2.pdf Form 236.8.8.3(e)(2)])<br /> <br /> Instructions for completing RA Form 236.8.8.3(e)(2) are as follows.<br /> <br /> The instructions outlined for RA [http://eprojects/Templates/RW/Chapter%208_Relocation/Condemnation%20Agreement%20other%20than%20Residential%20Property%20236.8.8.3.E.2.pdf Form 236.8.8.3(e)(2)] above, covering the first two paragraphs of that form, are also applicable to this form. The legal description to be attached to this agreement should cover the entire acquisition and not just the portion on which the residential improvements are located.<br /> <br /> The amount to be shown in paragraph (1) under &quot;owners&quot; is the highest negotiating offer that has been made by the department to the owner for the '''entire right of way acquisition''' involved.<br /> <br /> The amount to be inserted in paragraph no. 2 is the '''total''' condemnation commissioners' award covering the '''entire right of way taking''', including both residential property and other lands.<br /> <br /> The amount to be shown in the first blank space in paragraph no. (4) is the prorated portion of the department's total right of way negotiating offer that is chargeable to the residential improvements and supporting land area.<br /> <br /> In the second blank space in paragraph no. (4) show the percent of the total offer chargeable to the residential area.<br /> <br /> The amount to be shown on the first line in paragraph no. (5) is the actual recomputed RHP.<br /> <br /> The amount to be shown in the second space in paragraph no. (5) is the portion of the condemnation commissioners' award that is applicable to the residential property '''only'''. Determine this amount by applying the same percentage figure arrived at in paragraph no. (4) to the total condemnation commissioners' award. These computations will be reflected in the three spaces contained in the parenthesis at the end of subsection (5) by showing the percentage figure in the first space, the total commissioners' award in the second and the resulting computed amount in the third.<br /> <br /> The blank space in paragraph no. (6) shall reflect the same amount shown in the second space in paragraph no. (5).<br /> <br /> Instructions provided in the preceding subparagraph for execution of the RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20Residential%20Property%20Form%20236.8.8.3.E.1.pdf Form 236.8.8.3(e)(1)], agreement also apply to this agreement.<br /> <br /> '''(3) Instructions Applicable to Both Agreements'''<br /> <br /> If the landowners desire to enter into a condemnation agreement after their condemnation award has been paid into court and they have purchased and occupied a DS&amp;S replacement, three copies of the applicable agreement form are to be delivered to the owners or their attorney. The blanks on the form will be filled out prior to delivery by the district. The agreement need not be executed on behalf of the department at that time.<br /> <br /> The owners must then sign and return all copies to the district office. Regional counsel will keep one copy of the fully executed agreement, one copy will be forwarded to the owner or, if applicable, their attorney and the original will be retained by the district. <br /> <br /> Increases in offers made after condemnation agreements have been executed, in attempting to settle condemnation cases, have no effect on such agreements and are not factors in computing or paying RHPs unless they are accepted by the owner and become final judgments.<br /> <br /> It will be the duty of the department's regional counsel to take whatever action is necessary to collect any refund due to the State under the terms of a condemnation agreement. District personnel should work closely with the regional counsel in providing any information needed by him/her to ensure that the department receives refunds it is due under condemnation agreements, and periodic checks made to determine if the subject condemnation case has been settled and, if so, if a refund is due. <br /> <br /> '''NOTE A: Final Legal Settlement Less Than Condemnation Commissioners' Award'''<br /> <br /> If the final legal settlement is less than the condemnation commissioners' award on which the relocation payment was based, the owner would be entitled to an additional RHP in most cases.<br /> <br /> '''(d) Condemnation - No Condemnation Agreement Signed'''<br /> <br /> If the owners chose to wait until final settlement of their condemnation case before filing a claim for their RHP, compute their payment by applying the following procedure.<br /> <br /> Deduct the portion of the final legal settlement that is chargeable to the residential property from the price of the most nearly comparable DS&amp;S replacement available as determined on the original &quot;Replacement Housing Comparison Record,&quot; '''and''', in a separate computation, deduct the same portion of the final legal settlement from the amount actually paid for the DS&amp;S replacement property purchased and occupied by the subject owners. The relocatees are entitled to a RHP equal to the lesser of these two computed figures.<br /> <br /> If the acquisition did not involve lands or property in addition to the residential improvements and supporting land area, the total final legal settlement used in the computations as the entire amount would be chargeable to the residential property. If other lands were involved in the acquisition, determine the portion of the final legal settlement that is to be charged to the residential property by increasing or decreasing the prorated portion of the right of way offer that was charged thereto when the original RHP offer was computed in the same percentage ratio that the overall final legal settlement was increased or decreased in relation to the total right of way offer.<br /> <br /> If the relocatees paid '''more''' for their replacement dwelling than the amount determined by the department as being the price of the most nearly comparable DS&amp;S replacement dwelling available and contends that there was no comparable DS&amp;S replacement housing available between the time they received their first vacancy notice from the department and the required vacancy date quoted in his/her final &quot;Notice to Vacate&quot; that could have been purchased for the above-mentioned price, it will be necessary to prove their contention correct or erroneous '''if''' no more than 12 months have expired between the date that they were required to vacate the subject dwelling and the date of their final right of way condemnation settlement. If more than 12 months have expired, the department will not attempt to reconstruct the availability of specific housing during the subject period and will take the firm position that the price of the original comparable replacement was correct, fair and adequate.<br /> <br /> The following instructions apply when (1) the final condemnation settlement occurs within 12 months from the date that the relocatees were required to vacate the subject property, and (2) the relocatees' actual replacement housing cost exceeded the confirmed price of the replacement dwelling used in computing their original RHP offer.<br /> <br /> Locate the most nearly comparable DS&amp;S replacement that was available during the designated period and use its actual, or selling price, whichever is applicable, to determine the maximum RHP that could be made to the relocatees. A new Replacement Housing Comparison Record, RA Form 236.8.8.3(b), must be completed using the &quot;new&quot; comparable replacement dwelling.<br /> <br /> If one of the other methods of computing RHPs, as discussed in EPG 236.8.8.3(c), is applicable, compute the final payment accordingly (applying the same general principle outlined in the preceding paragraphs).<br /> <br /> ===236.8.8.4 RHP Claims===<br /> <br /> '''(a) Time for Filing Claims'''<br /> <br /> RHP claims must be filed within the time period discussed in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2(i)]], but not before the relocatees have actually purchased and occupied a DS&amp;S replacement dwelling, '''unless''' an advance RHP is being made under the specific terms and instructions outlined in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2(f) and (g)]], and not before the department has acquired the subject right of way parcel through negotiated settlement or condemnation. It is desirable that the claim be filed as soon as practical after the subject property has been acquired and the relocatees have met all payment eligibility requirements.<br /> <br /> '''(b) Claim RA Form--RHP''' (RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Claim%20Form%20236.8.8.4.B.pdf Form 236.8.8.4(b)])<br /> <br /> RA Claim Form 236.8.8.4(b) must be used in filing a replacement housing claim.<br /> <br /> General information concerning claim forms previously discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(d)]], also apply to this form.<br /> <br /> Documentation to support the claim, such as closing statements and paid receipts are to be attached to the claim submitted to the district by the relocatee. The documentation must be retained in the subject's unit file in the district office and should not be attached to claim forms submitted to the Right of Way Section for payrolling.<br /> <br /> If the closing statement does not clearly show the purchase price of the replacement property or if a closing statement was not prepared, the relocatees must provide a notarized statement signed by both the buyer and seller certifying the purchase price paid for the replacement. Under this circumstance, the district should be sure prior to making the RHP that the instrument by which the relocatees acquired the replacement property is recorded in the office of the County Recorder of Deeds.<br /> <br /> The claim form must be completed in the following manner.<br /> <br /> '''Section Headed &quot;Subject Property&quot;'''<br /> <br /> In the spaces provided to show &quot;Date Purchased&quot; and &quot;Date Occupied&quot; by relocatee - show day, month and year.<br /> <br /> '''Section Headed &quot;Replacement Property&quot;'''<br /> <br /> Show actual date (day, month and year) that replacement was purchased and date occupied. If a new house was constructed on the owner's remainder, the date purchased would relate to the land and would be the same date shown for the subject parcel. If a new house was constructed on a replacement site, show the date that the site was acquired. The last two sentences would apply in principle if the owners retained and moved their subject dwelling. In every instance, show the actual date that the replacement was occupied regardless of whether it was purchased built or moved.<br /> <br /> On the last line in this section, write the new telephone number of the relocatees, provide the name of the person from whom the relocatee acquired the replacement and the name of the real estate firm or broker, if any, who handled the sale.<br /> <br /> In the first space in the section headed &quot;Computations on Line No. 1&quot; show the asking/listing price of the most nearly comparable replacement property available as computed on the Replacement Housing Comparison Record, RA Form 236.8.8.3(b), or, when applicable, as based on the estimated cost of building a new house. This space will always contain the replacement housing cost on which the department's RHP offer was based.<br /> <br /> In the second space of line no. 1 show the relocatees' actual cost in obtaining their replacement property.<br /> <br /> If the total acquisition of a normal-sized residential property is involved or if only a portion of a carved out residential land area was acquired as right of way, both spaces of line no. 2 must reflect the right of way payment for the relocatees' residential property. If the claim involves an unsettled condemnation case, show the portion of the condemnation commissioners' award that is chargeable to the '''residential property''' as discussed in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(d)]], Consider the following points when determining the amount to be shown in the subject two spaces:<br /> <br /> :(1) Do not include any portion of the right of way payment that is chargeable to other lands or improvements included in the acquisition, include only the portion of the payment that is chargeable to the residential property.<br /> <br /> :(2) If the relocatee retains salvage rights to any item that was considered to be a part of the residential real property, add the approved salvage value of such items as determined in the appraisal review process to the cash consideration shown in the right of way deed and show the resulting total in the subject spaces as the &quot;right of way payment made by the department for the residential improvements and supporting land.&quot;<br /> <br /> If the partial acquisition of a '''normal-sized''' residential property is involved, the amount paid for the parcel including damages and remnants will be shown in both spaces on the second line.<br /> <br /> Subtract the amounts shown on the second line from the amounts shown on the first and enter the results (differences) in the appropriate spaces on the third line.<br /> <br /> Lines 3 thru 13, with the following explanation, are considered to be self-explanatory.<br /> <br /> After receiving a rental subsidy payment, owners can purchase and occupy a DS&amp;S replacement within the one-year period authorized for such action and claim a RHP. When this happens, the rental subsidy payment must be deducted from the RHP. The space entitled &quot;Less Previous Rental Subsidy Payment&quot; is provided for this deduction.<br /> <br /> Be sure that all required documents are attached to the original claim. These documents must be checked to see that they adequately support the claim.<br /> <br /> Each box in the &quot;checklist&quot; on the back of the form must be checked, indicating an affirmative answer, or, when applicable, marked &quot;N/A.&quot; The item entitled &quot;Farm Home Replacement Built On Subject Farm As Required&quot; relates to those cases where a RHP is being based on new house construction to enable the owners to continue living on their farm unit.<br /> <br /> '''NOTE A: Advance RHP Claims'''<br /> <br /> Complete the claim form in the routine manner, as if the replacement dwelling had been purchased and occupied, with the following exceptions.<br /> <br /> :1. Under the section of the claim headed &quot;Replacement Property,&quot; insert the words &quot;See Comments&quot; in the spaces provided to show &quot;Date Purchased&quot; and &quot;Date Occupied.&quot;<br /> <br /> :2. In the second space of line no. 1 under the &quot;Computations&quot; section, show the agreed purchase price that is being paid for the replacement dwelling.<br /> <br /> :3. On the lines relating to increased interest payments and incidental closing costs, insert either the words &quot;to be claimed later,&quot; &quot;N/A,&quot; or the actual amount being claimed.<br /> <br /> :4. Check all applicable &quot;boxes&quot; on the back of the claim form. The &quot;check points&quot; which have not been complied with to date must be marked &quot;See Comments.&quot;<br /> <br /> :5. Under &quot;Comments&quot; explain &quot;This claim covers an advance RHP. All additional required documentation will be obtained and all remaining payment eligibility requirements will be complied with before the payment is released by the Escrow Agent.&quot; The district '''must''' be very sure that these commitments are fulfilled before the Escrow Agent is authorized to release the payment to the relocatee.<br /> <br /> When an Escrow Agreement is used, list the payee on the back of the claim form in the following manner:<br /> <br /> &quot;('''Escrow Agent's name''') Escrow Agent for ('''list all relocatees who signed claim''')&quot;. The claim payment check should reflect the payees in the same manner.<br /> <br /> After the replacement property has been purchased and occupied by the relocatees and the RHP delivered to them by the Escrow Agent, a signed receipt will be available for the file as required in the Escrow Agreement.<br /> <br /> Advance claims submitted under the escrow provision must be accompanied by a copy of the executed &quot;Replacement Housing Escrow Agreement&quot; when forwarded to the Right of Way Section for payment.<br /> <br /> '''NOTE B: Advance Incidental Closing and/or Increased Interest Payment Claims--Nil RHP'''<br /> <br /> Replacement Housing RA Claim [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Claim%20Form%20236.8.8.4.B.pdf Form 236.8.8.4(b)], must be used in the following manner when claiming incidental closing costs and/or increased interest payments made in advance of final settlement of condemnation. Both payments must be included on the same claim form.<br /> <br /> :1. Under the section headed &quot;Computations&quot; complete only spaces relating to the type of payments involved and to total amounts due. Mark the other spaces in this section &quot;N/A.&quot;<br /> <br /> :2. Under &quot;Comments&quot; explain that &quot;RHP&quot; based on condemnation commissioners' award is &quot;zero,&quot; this claim therefore covers only incidental closing costs increased interest payments or both.<br /> <br /> '''NOTE C: Direct Payment to Grantor (Seller) of Replacement Dwelling'''<br /> <br /> The basic RHP, which excludes incidental closing costs and increased interest payments, will be made directly to the seller of the replacement dwelling '''if''' the relocatee (buyer) specifically requests such action in writing.<br /> <br /> The relocatees' written request for direct payment to the seller must (1) clearly state their desire, (2) name the specific persons to whom they want the check made payable, (3) include a statement that the parties named are the sellers of the dwelling they are acquiring to replace the dwelling from which they are being displaced by the department, (4) that the payment is being applied to the purchase price of their replacement dwelling, and (5) that they take full responsibility for the completeness and accuracy of the seller's names and that they fully understand and agree that the department will not be responsible for the omission of any person from the payment who has an interest in the replacement property.<br /> <br /> When direct payment to the seller is involved, the relocatees must file two RA Claim Form 236.8.8.4(b) - one for the basic RHP and the other for incidental closing costs and their increased interest payment.<br /> <br /> The front of the replacement housing claim in which the basic RHP is being claimed should be completed and executed by the relocatees in the routine manner except it will not include incidental closing or increased interest payments. Insert &quot;See Comments&quot; in the spaces relating to incidental and increased interest payments. The district must show the persons to whom the check is to be made payable in the appropriate space at the top of the back side of the form. Under comments, explain that the payment is being made to the seller of the replacement dwelling as requested by the relocatees and that any applicable incidental closing costs and increased interest payment will be claimed on a separate claim form. Attach a copy of the relocatees' written request for direct payment to each copy of the claim form - those submitted with the payroll and the copy retained in the unit file.<br /> <br /> The relocatees must execute the claim for incidental closing costs and the increased interest payment in the routine manner. It will not be necessary to complete the portions of the form which provide information relating to the subject and replacement properties as this information will be provided on the claim for the RHP. Only the spaces relating to Incidental Closing Costs, Increased Interest Payment and Total Payment Due should be completed in the Computations Section. Insert &quot;See Comments&quot; in the second space on the first line under this section; all other nonapplicable spaces can be marked N/A. Under comments on the back of the form explain (1) that the RHP was made directly to the grantor of the replacement dwelling in response to a separate claim, as requested by the relocatees, and (2) that the required information relating to the subject and replacement dwellings was provided on the claim for the RHP.<br /> <br /> ==236.8.9 Relocation Assistance Program - Incidental Closing Costs==<br /> <br /> The incidental closing cost payment is the amount necessary to reimburse qualified relocatees for the actual and reasonable costs incurred by them incident to the purchase of their '''replacement dwelling'''.<br /> <br /> '''(a) Reimbursable incidental closing costs may include the following items if the amounts involved are reasonable and if such costs are normally paid by the buyer'''.<br /> <br /> :1. legal, closing and related costs including title search, preparing conveyance contracts, notary fees, surveys, preparing drawings or plats, and charges incident to recordation,<br /> <br /> :2. lender, FHA or VA appraisal fees,<br /> <br /> :3. lender, FHA or VA application fees,<br /> <br /> :4. certificate of structural soundness and termite inspection when required (the cost of termite extermination and/or treatment is not reimbursable).<br /> <br /> :5. credit report,<br /> <br /> :6. title insurance or abstract of title, not to exceed the costs that would have been involved in the purchase of the selected comparable on which the RHP offer was based,<br /> <br /> :7. Escrow Agent's fee,<br /> <br /> :8. sales or transfer tax (not to exceed the costs for a comparable replacement dwelling),<br /> <br /> :9. loan origination or assumption fees that do not represent prepaid interest. (Limited to subject property mortgage(s) balance(s)) other costs that the district and Right of Way Section agree are incidental to the purchase including a Professional Home Inspection.<br /> <br /> '''(b) Incidental closing costs must not include any prepaid expenses; for example, prepaid taxes, prepaid insurance, or prepaid interest'''.<br /> <br /> When 90-Day owner-occupants are displaced, the costs incurred in securing mortgage financing in cases where there is no mortgage on the property acquired and any additional costs in securing a larger mortgage on the replacement dwelling than existed on the acquired property are '''not''' reimbursable. Appraisal fees and survey fees may, however, be reimbursable. In determining which closing costs are reimbursable to a relocatee, under the above instructions, make the following assumptions:<br /> <br /> :1. That the reasonable cost of transferring a mortgage when an existing mortgage on a replacement property is assumed by a relocatee in the purchase of such property is eligible for reimbursement as incidental closing costs.<br /> <br /> :2. Reasonable refinancing expenses paid by relocatees who retain and move their existing dwellings to their remaining land, or who build replacement dwellings on their remaining properties, which would otherwise qualify as reimbursable incidental closing costs, can be included in the relocatees' claim.<br /> <br /> :3. That relocatees who move to and occupy a DS&amp;S replacement dwelling they owned prior to the initiation of negotiations on the project can claim reimbursement for routine eligible closing costs they experienced at the time they purchased the replacement.<br /> <br /> :4. That any closing cost which is made a part of the indebtedness and therefore not paid at the time of closing '''cannot''' be included as an eligible incidental closing cost.<br /> <br /> :5. One-time lump-sum mortgage default insurance premiums paid by the relocatee are reimbursable closing costs. For 90-Day owners reimbursement must be limited to the actual amount of the insurance payment or to the insurance payment that would have been required to cover a loan equal to the remaining balance of the relocatees' existing mortgage, whichever is the lesser. Mortgage insurance designed to pay off the outstanding balance of a mortgage upon death of the borrower is '''not''' reimbursable.<br /> <br /> If the closing statement provided by a real estate firm handling a transaction in which a relocatee acquires a replacement dwelling reflects a lump sum charge made by the lending agency; or if the Truth in Lending Statement includes closing costs as a lump sum, it will be necessary to also obtain a &quot;loan closing statement,&quot; or in some other manner, identify and itemize the separate charges involved.<br /> <br /> '''NOTE A: Loan Service Fees and Points'''<br /> <br /> Finance charges such as loan origination fees, loan service fees and points can be included in increased interest and down payment assistance. Procedures for paying such fees and costs are discussed in [[236.8 Relocation Assistance Program#236.8.10.3 Payment Computations|EPG 236.8.10.3(e)(1)]], and [[236.8 Relocation Assistance Program#236.8.12.3 Payment Computations|236.8.12.3]], that relate to increased interest and down payment assistance.<br /> <br /> If relocatees are eligible for '''a RHP based on &quot;new house construction''',&quot; they can claim reimbursement for expenditures they experience in obtaining a temporary construction loan as a part of their closing costs. The interest and/or incidental closing cost paid on temporary construction loans '''is not''' reimbursable when a DS&amp;S comparable replacement was available to relocatees who built their replacement by choice.<br /> <br /> The costs of obtaining a short-term loan obtained to cover the period while a relocation payment is being processed is not reimbursable.<br /> <br /> ===236.8.9.1 Payment Eligibility Requirements===<br /> <br /> Any relocatee who meets the eligibility requirements for either a RHP as discussed in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2]], or down payment assistance as discussed in [[236.8 Relocation Assistance Program#236.8.12.2 Payment Eligibility Requirements|EPG 236.8.12.2]], is also entitled to an incidental closing cost payment.<br /> <br /> ===236.8.9.2 Claim Forms===<br /> <br /> If the relocatees' eligibility for an incidental closing cost payment is based on their eligibility for a RHP, incidental closing costs must be included in their Replacement Housing Claim. If their eligibility for the closing cost payment is based on their eligibility for down payment assistance, the incidental closing costs must be included in their Down Payment Assistance Claim.<br /> <br /> '''(a) Instructions When Incidental Closing Costs Included With Replacement Housing Claim'''<br /> <br /> Space is included under the &quot;Computations&quot; section of Replacement Housing Claim [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Claim%20Form%20236.8.8.4.B.pdf Form 236.8.8.4(b)], on the sixth through tenth lines to include incidental closing costs.<br /> <br /> The ninth line is provided to include any other reimbursable incidental costs that do not fit into a category named on one of the preceding lines. Identify the incidental expenditures included on this line and show the total cost thereof in the blank space.<br /> <br /> The tenth line should include the totals of the previous four lines which is the total amount being claimed as incidental closing costs.<br /> <br /> All incidental closing costs claimed must be documented, either specifically set out on a closing statement attached to the original claim or by attached paid receipts.<br /> <br /> :'''(1) &quot;Nil&quot; RHP Due'''<br /> <br /> :If a &quot;nil&quot; RHP is involved, complete the heading of the claim form and the first two sections in the routine manner. Also complete the first two lines in the &quot;Computations&quot; section of the claim form in the routine manner and write &quot;nil&quot; in the two spaces on the third line and in the space on the fourth line. If an increased interest payment is applicable, show it in the space on the fifth line and complete the form accordingly. If an increased interest payment is not involved, write &quot;nil&quot; in this space and complete the form. Previously paid rental subsidy payments are always deducted from any payment computed on a Replacement Housing Claim Form. Incidental closing costs will not normally be paid separately from RHPs; both should be included on the same claim form. See NOTE A at the end of [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(d)]], if the subject was acquired by condemnation.<br /> <br /> :'''(2) Multiple Occupancy of Same Single - Family Dwelling Unit'''<br /> <br /> :Review [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(7)]] If a pro rata RHP is involved. Review [[236.8 Relocation Assistance Program#236.8.12.3 Payment Computations|EPG 236.8.12.3(1)]] if a pro rata down payment assistance is involved.<br /> <br /> :When two or more individuals and/or families occupy the same single-family dwelling unit are '''forced''' to separate after displacement because a replacement unit is not available which will house all parties involved, '''each''' eligible individual and/or family that purchases a DS&amp;S replacement dwelling will be entitled to a separate incidental closing cost payment based on the actual and reasonable closing costs the separate party experiences in purchasing its replacement dwelling.<br /> <br /> :Individuals and/or families who purchase and occupy separate replacement dwellings '''by choice''' are entitled to a pro rata incidental closing cost payment. Apply the following steps when determining the pro rata amount each separate party is entitled to receive as an incidental closing cost payment:<br /> <br /> :'''Step 1''': Determine the total applicable and reasonable incidental closing cost expenditure made on the purchase of a DS&amp;S replacement dwelling by the particular family (or individual) whose payment is being computed.<br /> <br /> :'''Step 2''': Determine the subject family's or individual's interest in the dwelling being acquired by the department in relation to the interests of the other families or individuals who jointly occupied the subject unit.<br /> <br /> :'''Step 3''': If the interests of all families or individuals involved are equal, determine the pro rata payment amount by dividing the total incidental closing cost expenditure of the individual and/or family whose payment is being computed by the total number of families or individuals who occupied the subject unit. If the various individuals and/or families had different degrees of interest in the subject dwelling, arrive at the pro rata payment by dividing the applicable incidental closing cost expenditure of the individual and/or family whose payment is being computed by the fractional interest that particular individual and/or family had in the subject property.<br /> <br /> :'''(3) Advance RHP Involved'''<br /> <br /> :Incidental closing costs cannot normally be included on advance replacement housing claims. Incidental costs must be submitted on a separate Replacement Housing Claim Form after the closing has occurred and after all applicable expenditures have been made.<br /> <br /> :The &quot;second&quot; replacement housing claim submitted for the purpose of claiming available incidental closing costs must be completed as if it was an original claim that includes the RHP, incidental closing costs and increased interest payment, from the beginning of the form to, but not including, the line under the &quot;Computations&quot; section headed &quot;TOTAL PAYMENT DUE.&quot; The fact that an advance RHP has been made will not affect either the computations or the manner in which the form is filled out to this point.<br /> <br /> :Change &quot;less previous rental subsidy payment&quot; to read &quot;less advance payments&quot; immediately preceding the above-mentioned line headed &quot;TOTAL PAYMENT DUE.&quot; Show the balance '''due''' on the existing line headed &quot;TOTAL PAYMENT DUE.&quot;<br /> <br /> :If the total balance due on the second claim, when added to the previously paid advance RHP, exceeds $31,000, see NOTE A in [[236.8 Relocation Assistance Program#236.8.8.1 General Policy|EPG 236.8.8.1]].<br /> <br /> :The &quot;second claim&quot; '''must''' include the total incidental closing costs the relocatee is qualified to receive. Additional claims will not be submitted for incidental closing costs.<br /> <br /> '''(b) Instructions When Incidental Closing Costs Included With Down Payment Claim'''<br /> <br /> Space is also included in Down Payment RA Claim [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Down%20Payment%20Claim%20Form%20236.8.12.5.pdf Form 236.8.12.5], under the &quot;Computations&quot; section, to enable a relocatee to include applicable incidental closing costs thereon.<br /> <br /> The information contained in the second, third, fourth and fifth paragraphs of preceding subparagraph (a) also apply when completing this form.<br /> <br /> There will be instances when down payments are processed and paid into escrow prior to the actual purchase of the replacement and prior to the time all applicable incidental expenditures have been made. When this occurs, '''do not''' include any incidental costs in the &quot;advance&quot; down payment claim. Submit a separate claim for incidentals on a down payment claim form after the closing has occurred and all expenditures completed. Place a note on the back of the claim form under &quot;Comments&quot; advising that the down payment had been previously claimed in advance of the closing.<br /> <br /> Be sure that the total of the &quot;advance&quot; down payment plus the incidental closing costs being claimed in the subject claim does not exceed the maximum payment that the relocatee is entitled to receive. If the total of the two payments does exceed the amount the relocatee is entitled to receive, adjust the incidental closing cost payment downward as necessary.<br /> <br /> If the incidental closing cost claim amount is adjusted, provide an explanation on the back of the claim form giving both the reason why and how the adjusted amount was established.<br /> <br /> In every instance when incidental closing costs are being claimed, after an &quot;advance&quot; down payment has been made, complete the claim form from its beginning through the line headed &quot;less previous rental subsidy payment&quot; as if an original claim including both a down payment and incidental closing costs were being prepared. Strike the existing wording on the above-referenced line relating to a previous rental subsidy payment and insert &quot;Less Previously Paid Advance Down Payment.&quot; If a previously paid rental subsidy payment is also involved, it will be necessary to add a line on the claim form for the purpose of deducting the previous down payment in lieu of changing the referenced line. The revised line will reflect the previously paid advance down payment and the next line will reflect the additional payment due on the subject claim, which will be the difference between the amounts on the previous two lines.<br /> <br /> '''(c) Relocatee Purchases Replacement in Partnership With Other Parties'''<br /> <br /> If qualified relocatees purchase their replacement dwelling in partnership with other parties who did not also own an interest in, and/or occupy the subject, their incidental closing cost payment will be limited to the portion of such costs which were their normal obligation to pay; in all probability the loan origination fee will be the only cost that will need to be prorated.<br /> <br /> '''(d) RHP Direct to Seller of Replacement Dwelling'''<br /> <br /> If the basic RHP was made directly to the seller of the replacement dwelling, see NOTE C, at the end of [[236.8 Relocation Assistance Program#236.8.8.4 RHP Claims|EPG 236.8.8.4(b)]]. If down payments made directly to sellers include incidental closing costs, no separate claim is necessary.<br /> <br /> ==236.8.10 Relocation Assistance Program - Increased Interest Payments==<br /> <br /> ===236.8.10.1 General===<br /> <br /> Increased interest payments are available to eligible displaced 90-Day owner-occupants of residential property. These payments are intended to compensate owners for the additional expense that may be encountered due to a higher interest rate for a new mortgage on a replacement residential property.<br /> <br /> The payment will be the amount that will reduce the balance on a new mortgage to an amount that could be amortized with the same monthly payment for principal and interest as that for the mortgage(s) on the displacement dwelling.<br /> <br /> ===236.8.10.2 Payment Eligibility Requirements===<br /> <br /> To be eligible all of the following conditions must exist.<br /> <br /> :'''(1)''' The relocatee must have been an owner-occupant for more than 90 days prior to the date of the initiation of negotiation or the date of the Notice of Intent to Acquire-Relocation.<br /> <br /> :'''(2)''' The relocatee must have purchased and occupied a suitable replacement dwelling within the prescribed time limits.<br /> <br /> :'''(3)''' The mortgage or contract of sale must be bona fide and have been a valid lien for not less than 90 days prior to the date of negotiations or the date of the Notice of Intent to Acquire-Relocation. All mortgages shall be used to compute the payment.<br /> <br /> :'''(4)''' There must be a mortgage or contract of sale on the replacement dwelling.<br /> <br /> :'''(5)''' Mortgages or similar notes used to purchase mobile homes are mortgages for the purpose of this procedure.<br /> <br /> :'''(6)''' Temporary construction loans and short-term notes covering the period relocation payments are being processed will not be considered on any increased interest computation.<br /> <br /> When a 90-Day owner-occupied residential dwelling is included in a partial acquisition from a larger property and the mortgage holder requires the owners to pay off any part of their existing mortgage they may be eligible for an increased interest payment. Instructions concerning this situation are included later in this section.<br /> <br /> '''NOTE''': If the mortgages on the subject property and/or replacement property are not in the relocatees' name, present all facts to the Right of Way Section in writing and request a decision concerning their eligibility for an increased interest payment. In every case the relocatees must be legally obligated to pay both mortgages involved to be eligible for this type payment.<br /> <br /> ===236.8.10.3 Payment Computations===<br /> <br /> '''(a) When to Compute Payments'''<br /> <br /> Displaced owners must be advised of the estimated amount of this payment and the conditions that must be met to receive it. This must be done as soon as owners provide the necessary information on their existing mortgage to their relocation agent. Displaced owners will receive an eligibility notice which advises them to contact the department immediately after they have signed a contract to purchase their replacement residence to obtain an estimate. The actual payment may be provided at the closing on the replacement residence if requested by the owners. The RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/New%20Mortgage%20Toolbox%20Form%20236.8.10.3.E.1.pdf Form 236.8.10.3(e)(1)], input sheet and the [[media:RW Mortgage Analyzer1.xls|&quot;New Mortgage Tool Box&quot;]] computer program should be used to calculate this estimate and the actual payment. In order for the &quot;New Mortgage Tool Box&quot; to function, the user must perform the following steps to enable the macros to run:<br /> <br /> ::1) Go to the &quot;Options&quot; box of the files Main Menu page;<br /> <br /> ::2) a Security Alert box will open. Click &quot;Enable this content&quot;<br /> <br /> ::3) Then hit &quot;OK&quot; at the bottom of the Security Alert box. <br /> <br /> '''(b) Payments Computed By Whom'''<br /> <br /> Any qualified member of the district right of way staff is authorized to compute increased interest payments. The payment should be computed by one staff member and checked for accuracy by another.<br /> <br /> '''(c) General Explanation of Payment Amounts'''<br /> <br /> Relocatees are entitled to an increased interest payment if the interest rate applicable to the mortgage on their replacement property has been increased above the rate charged on the mortgage on their existing residential property. Increased interest payment computations are based on the remaining term of the existing mortgage or on the actual term of the new mortgage, whichever is the lesser, and on the unpaid balance of the existing mortgage or on the actual amount of the new mortgage, whichever is the lesser.<br /> <br /> The relocatees are also entitled to reimbursement for the actual amount '''they''' paid as &quot;points&quot; on the amount refinanced and for any amount '''paid by them''' as an origination or service fee; '''however''', reimbursement for points and origination or service fees cannot exceed the amount normally charged as points and fees in the area where the replacement dwelling is located based on the original mortgage balance on the subject residential property.<br /> <br /> '''NOTE''': Increased interest payments exclusive of points and fees cannot exceed the amount of the new mortgage on the replacement dwelling or the unpaid balance of the existing mortgage on the dwelling acquired as right of way.<br /> <br /> '''(d) Conditions Concerning &quot;New Mortgage&quot;'''<br /> <br /> :'''(1)''' The interest rate applicable to the replacement dwelling, to be used in the increased interest payment computations, shall be the actual rate of the new mortgage or the prevailing interest rate currently being charged by mortgage lending institutions in the area where the replacement is located, whichever is the lesser. In no case, unless both the subject dwelling and replacement dwelling are mobile homes, can the &quot;new mortgage&quot; interest rate used in the payment computations exceed the maximum interest rate allowed by law for real estate loans in the state where the replacement unit is located. If '''both''' the subject and replacement dwellings are mobile homes, and the &quot;new mortgage&quot; interest rate exceeds the maximum rate permitted by state law for real estate loans, provide all pertinent facts to the Right of Way Section.<br /> <br /> :The rate in effect on the existing mortgage when the subject property was acquired will be used in increased interest computations.<br /> <br /> :'''(2)''' The prevailing interest rates currently being charged by mortgage institutions in the project area must be established. The unit file must be documented to show how the prevailing rates were determined.<br /> <br /> '''(e) Payment Computation Procedures''' ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/New%20Mortgage%20Toolbox%20Form%20236.8.10.3.E.1.pdf RA Form 236.8.10.3(e)(1)])<br /> <br /> Increased interest payment computations are based on the remaining term of the existing mortgage on the subject dwelling or on the actual term of the new mortgage on the replacement dwelling, whichever is the lesser, and on the unpaid balance of the existing mortgage or on the actual amount of the new mortgage, whichever is the lesser.<br /> <br /> :'''(1) New Mortgage Tool Box Input Sheet (RA Form 236.8.10.3(e)(1)).'''<br /> <br /> :This form has been designed for use in computing all increased interest estimates and payments. By completing the blanks on the input sheet and following the instructions on the computer screen amounts can be accurately computed.<br /> <br /> :Relocatees must provide district personnel with the following documents:<br /> <br /> ::'''(I)''' for estimates or payments, a copy of all Notes and Deeds of Trust and current payoff amounts on existing mortgages on subject property,<br /> <br /> ::'''(II)''' for payments, a copy of the loan application and commitment,<br /> <br /> ::'''(III)''' for payments, a copy of all Notes and Deeds of Trust on new mortgages, replacement property,<br /> <br /> ::'''(IV)''' for payments, a copy of estimated closing costs, <br /> <br /> ::'''(V)''' for payments, a copy of the closing statement covering the replacement property purchase which clearly reflects any origination or loan service fees and/or any &quot;points&quot; paid by the relocatee.<br /> <br /> :Use Section A of the input form for estimates and Section B for actual payment computations.<br /> <br /> :As soon as the computations are completed, the relocatee should be provided two copies of all &quot;Increased Interest Computations,&quot; one for their file and the other for attachment to their replacement housing claim.<br /> <br /> :'''(2) Acquisition Includes Residential Property Plus Other Lands'''<br /> <br /> :When the subject dwelling is located on a parcel that is larger in size than a normal residential building lot in the area, the unpaid balance of the existing mortgage to be used must be reduced to the percentage ratio that the value of the residential property bears to the total value of the entire parcel. Instructions in the following subparagraphs explain how such percentage ratio is determined.<br /> <br /> :It is assumed that the existing mortgage encumbers the entire parcel including both the designated residential property and the other lands. Should the existing mortgage cover only the residential property, ignore the other lands and compute the payments in the normal manner.<br /> <br /> ::'''Step 1''': Determine the total value of the entire property as established by the appraisal process. The conclusion should be based on the appraisal upon which the final approved negotiating offer was based.<br /> <br /> ::'''Step 2''': Determine what amount of the total property value established in Step 1 is chargeable to the residential property. Apply the principles discussed in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(2)]], in making this determination.<br /> <br /> ::Use the designated value of the residential property as previously established when the relocatees' RHP '''offer''' was computed.<br /> <br /> ::'''Step 3''': Determine the percentage ratio of the assigned value of the residential property to the total value of the entire property. Divide the assigned value of the residential property as determined in Step 2 by the total value of the entire parcel as established in Step 1. Round to the second decimal point.<br /> <br /> ::'''Step 4''': Apply the percentage ratio from Step 3 to the total remaining unpaid balance and principle and interest payment of the existing mortgage on the subject parcel.<br /> <br /> '''NOTE''': If the portion of the unpaid mortgage balance that is chargeable to the residential property exceeds the portion of the total property value that is chargeable to such residential property, the increased interest payment must be computed according to instructions in Situation C in following subparagraph (5).<br /> <br /> ::'''Step 5''': Use the figures arrived at in above Step 4 on Input Sheet and compute the relocatees' increased interest payment by completing the computation sheet in the routine manner.<br /> <br /> :'''(3) Partial Acquisition of Residential Property Plus Other Lands'''<br /> <br /> :If the relocatees are required to pay off their entire existing mortgage balance due to the right of way acquisition, compute the increased interest payment by applying the procedure discussed in preceding subparagraph (2).<br /> <br /> :Should the lender require that only a portion, or none, of the existing mortgage balance be paid off as a result of the acquisition or if the relocatees paid off the entire existing balance by choice, the increased interest payment will be computed in the following manner:<br /> <br /> ::'''Step 1''': Determine the before value of the entire property as established in the appraisal process. This conclusion should be based on the appraisal upon which the final approved negotiating figure was based. Follow the principles discussed in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(2)]], for prorating right of way offers in making this determination as well as the determination required in following Step 2.<br /> <br /> ::'''Step 2''': Request the appraiser to determine the portion of the total right of way offer exclusive of administrative adjustments that is chargeable to the residential property including damages to the remainder of the residential property.<br /> <br /> ::'''Step 3''': Divide the amount from Step 2 by the total value established in Step l.<br /> <br /> ::'''Step 4''': Apply the percentage ratio from Step 3 to the total unpaid balance and the principle and interest payment of the existing mortgage.<br /> <br /> ::'''Step 5''': Use the amounts arrived at in Step 4 in the Input Sheet and compute the relocatees' increased interest payment in the routine manner.<br /> <br /> :'''(4) Dwelling on Land with Higher and Better Use'''<br /> <br /> :If the subject dwelling is located on a parcel where the fair market value is established on a higher and better than residential use, and if the existing mortgage is based on residential value, the increased interest payment will be computed in the routine manner.<br /> <br /> :If the existing mortgage is based on the higher and better use value, and if the remaining unpaid balance of the existing mortgage exceeds an amount that would be a reasonable loan on the property for residential purposes, request assistance from the Right of Way Section.<br /> <br /> :'''(5) Multi-Use Properties (Joint Use - Residential and Business)'''<br /> <br /> :When a property which includes both an owner-occupied residential dwelling and a business is affected by a right of way acquisition, and the entire parcel is encumbered by a mortgage, the relocatees' increased interest payment will be computed by following whichever of the following procedures is applicable.<br /> <br /> :The definition of &quot;residential property&quot; as used in the preceding subparagraphs may not be fully applicable when this type of multi- use property is involved. For example, it is possible that none of the land area should be included in the residential property. This would be the case when a living quarter is located on the second floor of a building which, together with the entire land area in the parcel, is being used in conducting a business operation. It is therefore proper to use the same living quarters in computing the increased interest payment that was used in computing the relocatees' RHP offer. (Review [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(6)]].)<br /> <br /> ::'''Situation A''': Total Acquisition of Entire Property.<br /> <br /> ::Follow the same procedure explained in preceding subparagraph 2.<br /> <br /> ::'''Situation B''': Entire Acquisition of Residential Property Plus Partial Acquisition of Business Property.<br /> <br /> ::Follow the same procedure explained in preceding subparagraph 2.<br /> <br /> ::'''Situation C''': Partial Acquisition of Residential Property Plus Either Partial or Total Acquisition of Business Property.<br /> <br /> ::Follow the same procedure explained in preceding subparagraph 3.<br /> <br /> :'''(6) Multi-Occupancy of Same Single-Family Dwelling'''<br /> <br /> :The procedures in this subparagraph relate to situations in which two or more relocatees that do not maintain separate households are displaced from the same single-family dwelling that they jointly owned and occupied.<br /> <br /> :Several different sets of circumstances can be encountered when a multi-occupancy of this type is involved. Compute the relocatees' increased interest payment by applying the following procedures.<br /> <br /> :The following procedures are written under the assumption that all relocatees involved are named in the existing mortgage:<br /> <br /> :If a comparable replacement dwelling is available and if they purchase and occupy a single-family replacement dwelling and encumber it with a bona fide mortgage, they will be entitled to '''one''' joint increased interest payment computed in the routine manner.<br /> <br /> :Should the relocatees purchase and occupy different replacement dwellings, the joint payment will be prorated based on their percentage of ownership.<br /> <br /> :'''(7) Replacement Property Includes &quot;Residential Property&quot; Plus Other Lands'''.<br /> <br /> :Under this circumstance, only the portion of the new mortgage on the replacement property that is chargeable to the &quot;residential property&quot; is to be used in the payment computations. Compute the payment in the routine manner discussed in preceding subparagraph (2) '''with the following exception''':<br /> <br /> :A determination will already have been made on the portion of the entire purchase price paid for the replacement property that is chargeable to the residential property. Divide the portion of the purchase price charged to the residential property, as discussed in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(9)]], by the total purchase price to determine the percentage ratio that is to be used in this increased interest payment computation. Apply the resulting percentage ratio to the total amount of the new mortgage and principal and interest payment on the replacement property to determine the portion thereof that is chargeable to the residential property and enter the resulting figures on the input sheet.<br /> <br /> :'''(8) Replacement is a Multi-Use Property (Joint Use--Residential and Business)'''<br /> <br /> :The instructions in subparagraph (5) or (7) are also fully applicable when the replacement is used jointly as a residence and business property.<br /> <br /> :'''(9) Owner Retains and Moves Subject Dwelling'''<br /> <br /> :If 90-Day owner-occupants retain and move their dwelling and encumber it with a new mortgage, they will be eligible for a payment computed in the same manner as if they had purchased a replacement dwelling.<br /> <br /> :'''(10) Owner Builds New Replacement Dwelling'''<br /> <br /> :The same principles apply for computing an increased interest payment under this situation as was discussed in preceding subparagraph (9).<br /> <br /> :'''(11) Life Estates and Lessees Qualified as Owners'''<br /> <br /> :Should a situation be encountered where either the owner of a life estate or lessee may be entitled to a payment of this type, submit all facts in writing to the Right of Way Section and request specific instructions.<br /> <br /> :'''(12) Mobile Homes'''<br /> <br /> :Various combinations of financing may be encountered on mobile homes. If a site and mobile home are financed separately, it will be necessary to compute separate increased interest payments for each. Normally the financing terms existing on the displacement dwelling will set the upper limit on the terms to be used in computations. If questions develop concerning how to compute payments, request assistance from the Right of Way Section.<br /> <br /> :'''(13) Remainder of Subject Parcel Refinanced After Right of Way Acquisition - Partial Acquisition Involved'''<br /> <br /> :If relocatees move their existing dwelling to the remainder of their parcel, consider the mortgage that was in effect at the time of the acquisition as the &quot;existing mortgage on the subject dwelling&quot; and the new mortgage, or second mortgage, as the &quot;new mortgage on the replacement dwelling&quot; when computing the payment.<br /> <br /> :'''(14) Relocatees Assume Existing Mortgage on Replacement Property'''<br /> <br /> :If eligible relocatees assume a mortgage that already existed on the property they purchased as a replacement, consider it as the &quot;new mortgage on the replacement dwelling.&quot; The remaining unpaid balance at the time the mortgage is assumed by the relocatee and its remaining term will be used in computing the payment.<br /> <br /> :'''(15) Relocatees Purchase Replacement in Partnership With Other Parties'''<br /> <br /> :If eligible relocatees purchase their replacement dwelling in partnership with other parties who did not also own an interest in, and occupy the subject, their increased interest payment will not be affected '''if''' the new mortgage does '''not''' include such other parties as mortgagors.<br /> <br /> :If the &quot;other parties&quot; are included as mortgagors in the new mortgage and thereby assume a part of the mortgage payment obligation, the subject relocatees' payment will be limited to the portion of the increased interest costs that will be their obligation to pay.<br /> <br /> :When the latter situation exists, compute the amount that the subject relocatees are entitled to receive as an increased interest payment in the following manner.<br /> <br /> ::'''Step 1''': Compute the routine increased interest payment that would have been due had such other parties not been involved in the normal manner.<br /> <br /> ::'''Step 2''': Determine the percent of ownership that the relocatees acquired in the replacement property.<br /> <br /> ::'''Step 3''': Apply the percentage figure arrived at in Step 2 to the computed increased interest payment arrived at in Step 1 to determine the portion of such payment that the subject relocatees are entitled to be paid.<br /> <br /> ::'''Step 4''': Include the amount arrived at in Step 3 on line 5 of the &quot;Computations&quot; section of the relocatees' RHP claim.<br /> <br /> :The unit file must be documented to reflect and support the above computations.<br /> <br /> :'''(16) Subsidized Interest Rates Involved'''<br /> <br /> :In some instances, for example, when an &quot;FHA 235&quot; loan is involved, a part of the relocatees' mortgage interest payment will be subsidized by a governmental agency. If so, request increased interest computations from the Right of Way Section.<br /> <br /> :'''(17) Mortgages Due &quot;On Demand&quot; - No Payment Schedule or Loan Term Shown'''<br /> <br /> :If one of the mortgages involved is due on demand, no payment schedule or loan term will normally be provided. As a consequence, it will not be possible to determine the remaining term of that mortgage.<br /> <br /> :When this situation is encountered, the relocatees' increased interest payment will, WITH THE FOLLOWING EXCEPTIONS, be computed in the routine manner.<br /> <br /> ::'''Exception 1''': If the existing mortgage on the subject property is due on demand, the payment will be computed on the term of the new mortgage on the replacement.<br /> <br /> ::'''Exception 2''': If the new mortgage on the replacement property is due on demand, the payment will be computed on the basis of the remaining term of the existing mortgage.<br /> <br /> :If both the existing mortgage on the subject property and the new mortgage on the replacement are due on demand with no loan term shown, it will not be possible to compute an increased interest payment and it will not be possible for the department to make an increased interest payment to the relocatees involved. The relocatees could be reimbursed for the points and origination or service fees they paid in obtaining their new mortgage, subject to the maximum payment limitation discussed in EPG 236.8.10.3(c), for points and fees.<br /> <br /> :'''(18) Mortgagee (Lender) Has Right to Adjust Mortgage Interest Rate'''<br /> <br /> :Mortgages sometimes give the lender the right to adjust the interest rate at a later date. If the existing mortgage on the subject property contains this provision, use the interest rate and balance that was in effect at the time the property was acquired by the department when computing the increased interest payment. Advise the Right of Way Section, prior to making any commitment to the relocatees, of any interest rate adjustment that is made after the initiation of negotiations for the subject parcel if the adjustment increases the amount of the relocatees' increased interest payment.<br /> <br /> :If the new mortgage on the replacement property contains this provision, use the original interest rate that was in effect at the time the mortgage was made. Do not consider adjustments made between the time the new mortgage was made and the time the increased interest payment is claimed without specific concurrence from the Right of Way Section.<br /> <br /> :'''(19) Displaced Owner Occupies Previously Owned Dwelling Unit as Replacement'''<br /> <br /> :Otherwise eligible relocatees will not be entitled to an increased interest payment if they move to a dwelling they previously owned, as discussed in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2(g)]], even though they place a new loan, or refinance an existing loan, on the replacement unless the funds from such loan or refinancing are used to make necessary decent, safe and sanitary improvements to the property. Only the portion of the new or refinanced loan that is used to make the necessary DS&amp;S improvements will be used in the Interest Computation. Reimbursement for points and origination or service fees will be limited accordingly.<br /> <br /> :'''(20) Mortgage Payment Made on Other Than Monthly Basis'''<br /> <br /> :Contact the Right of Way Section for guidance.<br /> <br /> :'''(21) Two or More Mortgages on Same Property'''<br /> <br /> :Same as preceding subparagraph (20).<br /> <br /> :'''(22) Graduated Mortgage Payments'''<br /> <br /> :Same as preceding subparagraph (20).<br /> <br /> ===236.8.10.4 Advanced Increased Interest Payments===<br /> <br /> Do not attempt to compute the increased interest payment until the unpaid balance and remaining term of the existing mortgage on the displacement dwelling can be firmly established.<br /> <br /> :'''(a)''' The relocatees must select a replacement dwelling, sign a contract to purchase it, obtain a loan commitment from agency which will finance the purchase, then notify the relocation agent that these actions have been accomplished.<br /> <br /> :Information provided by the relocatees must be confirmed by the lending agency.<br /> <br /> :The relocation agent should then compute the increased interest payment.<br /> <br /> :'''(b)''' Advance increased interest payments are to be claimed on the RA Claim [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Claim%20Form%20236.8.8.4.B.pdf Form 236.8.8.4(b)]. Complete the claim form in the normal manner, as if the replacement dwelling had been purchased, occupied and encumbered with a bona fide mortgage with the following exceptions:<br /> <br /> ::'''(1)''' Under the section of the claim headed &quot;Replacement Property,&quot; insert the words &quot;see comments&quot; in the spaces provided to show &quot;Date Purchased&quot; and &quot;Date Occupied.&quot;<br /> <br /> ::'''(2)''' In the second space on the first line under the &quot;Computations&quot; section, show the agreed purchase price that is being paid for the replacement dwelling.<br /> <br /> ::'''(3)''' On the lines relating to incidental closing costs, insert the words &quot;to be claimed later.&quot;<br /> <br /> ::'''(4)''' Check all applicable boxes on the back of the claim form. Those which cannot be checked, due to the claim being for an advance payment, should be marked &quot;see comments.&quot;<br /> <br /> ::'''(5)''' Under Comments explain that (1) this is an advance claim, (2) the missing documentation will be obtained and made a part of the unit file, and (3) the omitted information will be included in the claim for incidental closing costs which will be filed at a later date. The district must ensure that such information is obtained and made a part of the unit file.<br /> <br /> :'''(c)''' Advise the relocatees when the relocation payment check is received in the district office so they can arrange for the closing if it has not already been scheduled.<br /> <br /> :'''(d)''' The relocatees must sign two copies of the advance payment agreement. This can be accomplished at any time prior to delivery of the check; however, it is preferable that the agreement be completed at or near the date of closing so that firm deadline dates can be established. Use whichever of the following agreements that is applicable.<br /> <br /> ::'''(1)''' If the advance payment includes both a replacement housing and increased interest payment, use the agreement, [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Advance%20Replacement%20Housing%20and%20Increased%20Interest%20Pmt%20Agreement%20Form%20236.8.10.4.D.1.pdf Advance Replacement Housing and Increased Interest Payment Agreement (Form 236.8.10.4(d)(1))], headed &quot;Advance Replacement Housing and Increased Interest Payment Agreement.&quot; Instructions for completing the agreement are provided on the back of Form 236.8.10.4(d)(1).<br /> <br /> ::'''(2)''' If relocatees who are not entitled to a RHP (nil computation), but are entitled to an increased interest payment and request an advance payment, use the agreement identified as [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Advance%20Increased%20Interest%20Payment%20Agreement%20Form%20236.8.10.4.D.2.pdf Advance Increased Interest Payment Agreement (Form 236.8.10.4(d)(2))]. The instructions for completing Form 236.8.10.4(d)(1) provide adequate guidance for completing this agreement.<br /> <br /> :When only an advance RHP is involved, no advance increased interest payment, continue using the Replacement Housing Possession Agreement, and instructions for its use, as provided in [[236.8 Relocation Assistance Program#236.8.8.1 General Policy|EPG 236.8.8.1(c)]].<br /> <br /> :'''(e)''' An informed department representative should hand-carry the check to the closing. The check can be released as soon as title passes to the relocatees, provided the department representative confirms that the information used in computing the payments and that contained in the advance payment agreements are accurate in relation to the actual transaction.<br /> <br /> :'''(f)''' District personnel must follow through to ensure that terms of the agreement are fully complied with. Should the relocatees default, request instructions from the Right of Way Section for recovering the advance payment.<br /> <br /> ===236.8.10.5 Claim Form===<br /> <br /> '''(a) Included on Replacement Housing Claim Form'''<br /> <br /> The increased interest payment is to be inserted on line 5 under the &quot;Computations&quot; section of the subject relocatees' &quot;Replacement Housing Claim Form&quot; and added to and made a part of the RHP.<br /> <br /> Copies of all applicable &quot;Increased Interest Computation Sheets&quot; must be attached to the claim form submitted by the relocatee to the district office together with the supporting documentation.<br /> <br /> Eligible relocatees can be reimbursed for their loan origination or loan service fees and points even though they are not entitled to an increased interest payment based on higher interest rates. Under this circumstance, the &quot;fees and points&quot; payment '''would be''' shown on line 5 under the &quot;Computations&quot; section of the relocatees' replacement housing claim. A statement should be included under &quot;Comments&quot; on the claim form advising that the amount included in the claim as an increased interest payment covers only reimbursement for loan fees and/or points.<br /> <br /> '''(b) Condemnation Involved'''<br /> <br /> The fact that the subject property was acquired through condemnation has no effect on the increased interest payment. The payment will be claimed on the &quot;Replacement Housing Claim,&quot; regardless of whether the claim is filed before or after the case is finally settled. The increased interest payment amount will not be changed or affected even though the final RHP amount may be adjusted due to the amount of the final right of way settlement.<br /> <br /> '''(c) &quot;Nil&quot; RHP Due'''<br /> <br /> If a &quot;nil&quot; RHP is involved, complete the heading of the claim form and the first two sections in the routine manner. Also complete the first two lines in the &quot;Computations&quot; section of the claim in the routine manner and write &quot;nil&quot; in the two spaces on the third line. Also insert &quot;nil&quot; on line 4.<br /> <br /> Insert the increased interest payment due the relocatees on line 5.<br /> <br /> If incidental closing costs are involved, complete the portion of the claim applicable thereto.<br /> <br /> Add the increased interest payment and the incidental closing costs and reflect the total on the line headed &quot;Total of Above Three Payments.&quot; This amount would be the &quot;Total Amount Due&quot; '''unless''' a previous rental subsidy payment had been made, in which case, that payment would be deducted from the subject payment on line 12. If the balance is &quot;zero&quot; after making the deduction, no additional payment will be made to the relocatee in response to the subject claim.<br /> <br /> ==236.8.11 Relocation Assistance Program-Rental Subsidy Payments==<br /> <br /> ===236.8.11.1 General Policy===<br /> <br /> Individuals and families displaced from dwelling units they have rented and occupied for not less than 90 consecutive days prior to the initiation of negotiations for the parcel, and displaced 90-Day owners who rent rather than purchase replacement housing, are entitled to a rental subsidy payment if they meet the payment eligibility requirements outlined in the following paragraphs.<br /> <br /> When displaced tenants are involved, payments of this type are based either on the increased monthly rental costs above the rental they were paying for the unit acquired that they would have to pay over 42 months for an available comparable DS&amp;S replacement dwelling unit, or the increased rental for 42 months that the tenants actually pay for their replacement dwelling unit, whichever is the lesser.<br /> <br /> For owners who rent rather than purchase replacement dwelling units, the same principle is applied. The payment will be based on either the difference between the economic rental fee of the subject dwelling and the actual rental fee charged for the most nearly comparable DS&amp;S replacement dwelling available, or the difference between the economic rental fee and the actual rental fee paid for the replacement unit, whichever is the lesser.<br /> <br /> Rental subsidy payments cannot normally exceed a maximum of $7,200. The total amount due will be paid in one lump sum '''unless''' the department determines that it should be made in installments.<br /> <br /> ===236.8.11.2 Payment Eligibility Requirements===<br /> <br /> '''(a) Tenants'''<br /> <br /> :'''(1) Prior Occupancy Requirements'''<br /> <br /> :The individual or family being displaced must have rented and legally occupied the subject dwelling unit for at least 90 consecutive days immediately prior to the initiation of negotiations for the property, or if they are provided a &quot;Notice of Intent to Acquire-Relocation&quot; by the department, they must have rented and occupied it for at least 90 consecutive days prior to the date they actually vacated the property '''if''' it was vacated prior to the actual initiation of negotiations.<br /> <br /> :If any doubt exists concerning the actual length of time tenants occupied a subject dwelling, their landlord should confirm the date of occupancy and the file documented accordingly.<br /> <br /> :When an owner-occupied mobile home that is personal property must be removed from a rented site, the '''site occupancy period''' is the controlling factor. The relocatees must have occupied a mobile home on the subject site for the required 90-day period. The relocatees' rental subsidy payment will be based solely on the site rental. If the mobile home is being displaced from a site in a mobile home park, the relocatees' consecutive occupancy of other sites, also within the acquisition during the required 90-day period, can be added to the occupancy period of the subject site when determining if the 90-day occupancy requirement has been met.<br /> <br /> :If both the mobile home and site are rented, the relocatees' rental subsidy payment will be based on the rental fee of a replacement mobile home and site '''if''' they occupied a mobile home on the subject site for the required 90-day period. Consecutive occupancy of other sites that are also being acquired by the department can be considered when determining the relocatees' applicable occupancy period.<br /> <br /> :In determining the applicable occupancy period of a relocatee who is being displaced from a unit in a multi-unit residential complex, it is permissible to consider consecutive occupancy of other units that are also being acquired or demolished by the project.<br /> <br /> :'''(2) Occupancy Required at Initiation of Negotiations'''<br /> <br /> :The tenants must have been in legal occupancy of the subject dwelling unit at the initiation of negotiations for that particular parcel, or if they are provided a &quot;Notice of Intent to Acquire-Relocation,&quot; at the time they receive the notice.<br /> <br /> :Confirmation that tenants actually occupied a subject dwelling unit at the initiation of negotiations should be obtained from their landlord and the file noted unless the relocation agent has firsthand knowledge of this fact through contacts with the tenants.<br /> <br /> :'''(3) Decent, Safe and Sanitary Replacement Must Be Rented and Occupied Within One Year'''<br /> <br /> :The relocatees must rent and occupy a DS&amp;S replacement dwelling within one year after they move from the subject dwelling. Owner-occupants must rent and occupy a DS&amp;S replacement within one year after the later of (1) the date they receive final payment for the displacement dwelling, or (2) the date they move from the displacement dwelling.<br /> <br /> :The preceding one-year time period may, with prior approval from the Right of Way Section, be extended for good cause.<br /> <br /> :'''(4) Replacement Must Meet Decent, Safe and Sanitary Standards'''<br /> <br /> :A relocatee must rent and occupy a replacement dwelling that meets decent, safe and sanitary standards, as defined in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(j)]], to be eligible for a rental subsidy payment.<br /> <br /> '''(b) Long-Term Owners'''<br /> <br /> &quot;Long-term&quot; owner-occupants who are '''eligible''' for a RHP can elect to rent in lieu of purchasing a replacement dwelling unit and qualify for a rental subsidy payment provided that they rent and occupy a DS&amp;S replacement within the required one-year period. <br /> <br /> They are entitled to the full amount of their rental subsidy payment, normally not to exceed the $7,200 maximum allowed for this type payment, except under the provisions of the Last Resort Housing program. Under no circumstances can a rental subsidy payment exceed the amount the relocatees would have received as a RHP. <br /> <br /> If the relocatees later decide to purchase a replacement '''within''' the original one-year period, they can do so and claim a RHP. The amount of any rental subsidy payment previously paid must be deducted from the RHP, incidental closing cost and increased interest payments.<br /> <br /> '''(c) Sleeping Room'''<br /> <br /> Displaced tenants of sleeping rooms who meet the payment eligibility requirements outlined in preceding EPG 236.8.11.2(a), are entitled to a rental subsidy payment.<br /> <br /> '''(d) Deadline For Filing Claims'''<br /> <br /> Rental subsidy payment claims must be filed with the department no later than six months after the expiration of the previously discussed one-year period. This time period can be waived for good cause with concurrence from the Right of Way Section.<br /> <br /> '''(e) Church Parsonages and &quot;Company-Owned&quot; Residential Properties'''<br /> <br /> Relocatees displaced from church-owned parsonages, or from other dwelling units owned by their employers and provided to them without cost, are not entitled to a rental subsidy payment if they are also provided a replacement dwelling unit by their employer, without cost, after the acquisition.<br /> <br /> '''(f) Mobile Homes'''<br /> <br /> :'''(1) Relocatee Owns Subject Mobile Home - Rents Site'''<br /> <br /> :The owner-occupants of a mobile home classified as personal property who rent the site upon which it is located can qualify for a rental subsidy payment covering the '''site only'''.<br /> <br /> :The owner-occupants of a mobile home classified as real estate located on a rented site can be paid a rental subsidy payment based on a replacement rental site if their mobile home was acquired.<br /> <br /> '''NOTE''': A mobile home park entrance fee that '''is not''' refundable to the relocatees can be added to their rental subsidy payment. Reimbursement for these fees '''cannot''' exceed the fee charged by the selected comparable replacement mobile home park that was used in computing the rental subsidy payment offer.<br /> <br /> :Should the owner-occupants sell, rent out or otherwise dispose of the mobile home after the initiation of negotiations or after receipt of a &quot;Notice of Intent to Acquire-Relocation,&quot; they will still be eligible for their computed rental subsidy payment offer.<br /> <br /> :'''(2) Relocatee Rents Subject Mobile Home and Site'''<br /> <br /> :If eligible relocatees rent both the subject mobile home and the site upon which it is located, their rental subsidy payment offer will be based on the rental fee of the most nearly comparable DS&amp;S replacement mobile home and site available, or if more practical, on the rental fee of a conventional DS&amp;S dwelling unit.<br /> <br /> ===236.8.11.3 Computations - Rental Subsidy Payment Offers===<br /> <br /> '''(a) Information Necessary to Compute Rental Subsidy Payment Offers'''<br /> <br /> The following facts must be established prior to the computation of a rental subsidy payment offer.<br /> <br /> :'''(1) Existing Rental Rate'''<br /> <br /> :When a tenant is involved it is necessary to determine the average monthly rental rate that was being paid by the relocatee during the three months immediately prior to the month in which the department initiated negotiations for the subject property or, if a tenant received a Notice of Intent to Acquire-Relocation and vacated the subject unit prior to the initiation of negotiations the average monthly rental rate for the three months immediately prior to the month in which the tenant vacated the subject property, whichever occurred first.<br /> <br /> :The existing rental rate shall include any rent supplements supplied by others (except government subsidies (see EPG 236.8.11.3(9)(b)) when, by law, such supplement is to be discontinued upon vacation of the subject property. If the rental fee was changed during the referenced three-month period, add the rental rates applicable for each month together and divide the total by three to arrive at the average rate. If it appears that the rate was changed without good cause and possibly for the purpose of influencing the amount of the potential rental subsidy payment, advise the Right of Way Section.<br /> <br /> :The relocatees should furnish the department a copy of their lease if available. If not, they should provide copies of current rent receipts to document the amount of the existing rental rate. If neither are available, or if the amount of the existing rental rate is not clearly defined in available documentation, the existing rate should be confirmed by both the tenant and the landlord and the file documented to show that such action was taken. Under the latter circumstance, a signed statement by the department employee who made the determination showing who was contacted, dates of contacts, how made, stated rental fees and other pertinent facts is acceptable.<br /> <br /> :If there are discrepancies in available documentation, use the economic rental fee that is applicable to the subject unit and document the file accordingly.<br /> <br /> '''NOTE''': If the average rental rate in effect during the three-month period discussed in this subparagraph is not truly representative of the actual rental being paid by a relocatee for a subject unit, it will be permissible, with prior written approval from the Right of Way Section, to use another more appropriate time period in determining the proper existing rental rate. If a truly representative existing rental rate cannot be established by using a different time period, obtain authority from the Right of Way Section to use the documented economic rental rate that is applicable to the subject unit.<br /> <br /> :'''(2) Economic Rental Rate'''<br /> <br /> :The term &quot;economic rental&quot; as used herein is the normal monthly rental fee being paid on the open market for similar dwelling units within the area.<br /> <br /> :Determine if the relocatees' existing average monthly rental fee is substantially less than the economic rent applicable to the displacement unit. If so and the displaced tenant pays substantially less than the economic rent applicable to the displacement unit, the economic rent applicable to the unit will be used in the rental supplement payment computations in lieu of the &quot;average monthly rental rate.&quot;<br /> <br /> :Should this policy place an unfair hardship on the relocatee, recommend a different procedure to the Right of Way Section that will produce a more equitable payment. Normally the only exceptions will be (1) when the tenant is enjoying a &quot;favored-tenant&quot; status earned by being an exceptionally good tenant and so recognized by the landlord, and (2) when the existing rent is being subsidized by others who '''by law''' cannot continue the subsidy after relocation.<br /> <br /> :'''(3) Rental Fee Charged For Most Nearly Comparable Replacement Available'''<br /> <br /> :The rental fee for the most nearly comparable DS&amp;S replacement dwelling unit that is available for rent must be established by analyzing comparables in much the same manner as discussed in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)]], for RHP determinations.<br /> <br /> :The &quot;Rental Subsidy Computation Sheet&quot; ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Rental%20Subsidy%20Offer%20Computation%20Sheet%20Form%20236.8.11.3.B.pdf RA Form 236.8.11.3(b)]), discussed in the next subparagraph, has been designed for use in making this determination.<br /> <br /> :See [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(b)(2)]], concerning &quot;Selection of Comparables,&quot; which is applicable.<br /> <br /> :Relocatees should be offered the same type of replacement unit as that from which they are displaced; however, this is not mandatory if it is not practical to do so if the selected replacement is functionally equivalent to the displacement unit.<br /> <br /> :'''(4) Utility Services Adjustments'''<br /> <br /> :Unless all utilities are provided by the landlord in both the displacement dwelling and in the selected comparable, the estimated average monthly costs of those utilities must be added to the basic monthly cost of the comparable when computing the rental subsidy payment offer. If possible, comparables should be selected which provide the same utilities as the subject dwelling unit.<br /> <br /> :If some or all utilities are furnished in the selected comparable, but were not furnished in the displacement dwelling, the average monthly costs of the utilities must be added to the basic monthly rent of the displacement dwelling when computing the subsidy offer.<br /> <br /> :If the landlord does not provided utilities in either dwelling unit, the rental subsidy offer will be based on monthly rent plus the estimated utility cost on each unit. If the same utilities are provided in both units, use their actual monthly rentals, without utility adjustments, in computing the offer.<br /> <br /> :Utility cost estimates can be determined in one of three ways. Use the procedure that is practical and will produce the most accurate estimate.<br /> <br /> ::'''(a)''' Base the estimate on the actual costs of the utilities of the dwelling units over the past 12-month period. This may be accomplished by reviewing the actual utility bills paid. These costs must be documented in the unit file, preferably by copies of the paid bills. If this is not practical, a written statement by the relocation agent who made the determination, explaining how he/she determined and verified the utility costs can be used.<br /> <br /> ::'''(b)''' In some instances it will not be practical to base the utility estimate on actual costs. In this case, it may be possible to obtain average utility costs from the utility company involved based on unit square footage and number of family members. Some companies make such estimates based on a four-member family occupying a unit with a specified square footage, and then adjust from this &quot;norm&quot; by applying cost factors. This type information is normally provided by the company's customers' sales representatives and/or marketing department.<br /> <br /> ::Utility cost estimates of this type may apply to an entire city or area, and can be used in computing rental subsidy payments therein. These estimates should be reviewed annually, or after rate adjustments, and revised as necessary. A file must be maintained by the district explaining the manner in which the estimate was obtained. Reference can be made to the file when the estimate is used in computing a rental subsidy payment offer.<br /> <br /> ::'''(c)''' If the annual utility costs are known for a unit, it may be practical to estimate the cost of the utility at the other unit by comparing the two units and adjusting the known costs for differences in unit sizes, physical features, appliances, etc.<br /> <br /> :'''(5) Furnishings Provided by Landlord'''<br /> <br /> :The general principles and procedures in preceding subparagraph (4) relating to utilities also apply when furnishings are provided by the landlord in the displacement dwelling, but not in the selected comparable. If reasonably possible, comparables should be selected which provide the same furnishings as the subject dwelling unit. This subparagraph relates to instances when such comparables cannot be located.<br /> <br /> :Furnishings can be provided to the relocatees at the replacement site in whichever of the following two methods that is less costly.<br /> <br /> ::'''(a)''' Rent furnishings comparable in number and quality to those provided by the landlord in the displacement unit from a furniture rental business. Add the monthly rental of the furnishings to the monthly rental of the replacement dwelling unit when computing the rental supplement offer. Refundable deposits on such furniture rentals are not compensable under the Relocation Program.<br /> <br /> ::'''(b)''' If rental furnishings are not available, or if the rental procedure is more expensive over a 42-month period, add the cost of purchasing used furnishings of the type and quality provided in the displacement unit to the rental subsidy offer that will have been computed in the normal manner. Base the cost of furnishings on the actual price quoted by the seller. Document the unit file accordingly. When furnishings are provided in this manner, the entire rental subsidy payment will be charged to appropriate activity, object and subobject codes under the Last Resort Housing program.<br /> <br /> '''(b) Rental Subsidy Computation Sheet (RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Rental%20Subsidy%20Offer%20Computation%20Sheet%20Form%20236.8.11.3.B.pdf Form 236.8.11.3(b)])'''<br /> <br /> A Rental Subsidy Computation Sheet, RA Form 236.8.12.3(b), must be used in computing all rental subsidy payment offers.<br /> <br /> :'''(1) When Prepared'''<br /> <br /> :The computation sheet should be completed during the time appraisals of the subject property are being reviewed or very soon after negotiations are initiated for the property. A written rental subsidy payment offer must be made to eligible relocatees within approximately 40 days after such negotiations are initiated.<br /> <br /> :Once the computation sheet has been completed, and the rental subsidy payment offer established, it is not normally necessary to prepare a second computation sheet, or recompute the original rental subsidy payment offer, unless the relocatee advises, and the district '''agrees''', that no DS&amp;S replacement rental dwelling unit is available for the replacement rental fee that was used in establishing the original offer. This could occur if the unit on which the original offer was based has been rented to someone else and there is no other unit available for the rental fee that was used in computing the original offer.<br /> <br /> :Recomputed rent supplement offers that are less than the original offer can be presented to the relocatees in lieu of the original offer provided that the relocatees would not suffer financial loss, embarrassment or other problems of consequence due to their inability to fulfill previous good faith commitments made in anticipation of receiving the original offer.<br /> <br /> :It is also proper to recompute the rental subsidy payment offer when the most nearly comparable DS&amp;S replacement is more expensive than the subject and later a more nearly comparable DS&amp;S replacement unit has become available, which is less expensive and more comparable to the subject.<br /> <br /> :In every instance, when rental subsidy payment offers are recomputed, the unit file must be documented to explain why such action was taken. Revised offers must be presented to relocatees in writing. Specifically mention that the revised offer cancels the original.<br /> <br /> :'''(2) Preparation--Routine Situations'''<br /> <br /> :The rental subsidy payment offer, not to exceed $7,200, is computed by subtracting the amount arrived at in either (a) or (b) below, from the total amount necessary to rent the most nearly comparable DS&amp;S replacement dwelling unit available for the next 42 months.<br /> <br /> ::'''(a)''' 42 times the average monthly rental paid by the relocatee during the last three months, or<br /> <br /> ::'''(b)''' 42 times the economic monthly rental rate. If the average monthly rental being paid is substantially less than the economic rate, or, if an owner is involved who elects to rent rather than purchase a replacement.<br /> <br /> :The computation sheet, under the routine situation, is to be used as follows.<br /> <br /> :On line 3 of Section 1 check whichever of the three spaces that is applicable.<br /> <br /> :Also, in line 3 show the existing average monthly rental fee for the subject unit.<br /> <br /> :Check the appropriate space(s) on line 4 of Section 1. If '''partial''' utilities are provided, check specific utilities.<br /> <br /> :Line 5 of Section 1 is provided to show whether or not the landlord provides the furnishings. If it is partially furnished by the landlord, describe the items that are provided in the third space, for example, &quot;refrigerator,&quot; &quot;oven,&quot; etc.<br /> <br /> :Mark line 5 &quot;N/A&quot; '''unless''' the economic monthly rental fee for the subject is substantially less than the actual fee shown on line 2; or, an owner-occupant is involved who elected to rent rather than purchase a replacement. If either of these situations exists, show the economic rental rate for the subject unit. See EPG 236.8.11.3(a)(2), for possible exceptions relating to use of the economic rental fee.<br /> <br /> :Lines 6 and 7 of Section 1 relate to the unit occupied by the relocatee prior to displacement. Use the terms &quot;Single-Family Dwelling,&quot; &quot;Duplex,&quot; &quot;Furnished Apartment,&quot; etc. in completing the first space.<br /> <br /> :The three sections provided to describe the most nearly '''comparable''' replacement dwelling units available are to be completed as follows.<br /> <br /> :On the first line in each section use a street address if possible; if not, refer to known landmarks in describing the location, such as distances and directions from highway intersections, named stream crossings, etc. The &quot;distance from subject&quot; can be shown in miles and tenths of miles and can be estimated.<br /> <br /> :The name of the property owner must be shown on the first space of the second line as well as the name of the realtor or real estate firm handling the rental of the replacement, if any, on the second space of the second line.<br /> <br /> :Show the realtor's address in the first space on third line. If a realtor is not involved, show the owner's address. Show the monthly rental fee of the replacement dwelling unit in the second space of the third line.<br /> <br /> :A space has been provided on the back of the form for a narrative comparison of each replacement unit to the subject unit. The narrative must provide a word picture of the important similarities and differences between the two dwelling units.<br /> <br /> :The exterior of replacement rental units used in computing rental subsidy payments and the neighborhood in which they are located must always be visually inspected by the person who computes the payment. An interior inspection is not required when reliable information is available regarding the interior.<br /> <br /> :Comparable replacement dwellings included on the form must be currently available to the relocatee for rent at the time the form is completed. They must also be adequate to meet the needs of the relocatee, DS&amp;S and functionally equivalent or better to the subject unit. A copy of the &quot;Relocatee Needs Questionnaire&quot; must be furnished to the person who will select the comparable replacement dwellings so he/she will be in position to understand the needs of the relocatees and be able to select comparables that are adequate to accommodate them. [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(b)(2)]], provides information that is helpful in determining whether or not a comparable is adequate to accommodate the relocatees.<br /> <br /> :If less than three comparable replacement units are available, document the file and use the number available. If none are available within the area, follow the procedure discussed in following Note A.<br /> <br /> :Before proceeding, it is necessary to select one of the three replacements included on the form as being the most nearly comparable to the subject. Show the number of the selected replacement (1, 2 or 3) in the first space on line 1of the computation section and its monthly rental fee in the second space.<br /> <br /> :Under Computations: Enter the utility services adjustment, as discussed in EPG 236.8.11.3(a)(4), on line 2. This entry must be the total of the estimated average monthly cost of all utilities for the selected comparable.<br /> <br /> :Line 3 is self-explanatory.<br /> <br /> :Check either the first or second space on line 4 to show whether the subjects existing (average) monthly rental from the third space of line 3 of Section 1 or its economic rental from the second space of line 5, same section, is reflected in the second space.<br /> <br /> :On line 5 enter the total of the estimated average monthly cost of all utilities for the subject dwelling unit.<br /> <br /> :Line 6 is self-explanatory.<br /> <br /> :On line 7 enter the average monthly gross family income from all sources excluding food stamps in the first space. In the second space enter 30% of the monthly amount if the amount is classified as “low income” by the U.S. Department of Housing and Urban Development’s Annual Survey of Income Limits for the Public Housing and Section 8 Programs that are updated annually and are available on FHWA’s Web site at [https://www.fhwa.dot.gov/real_estate/policy_guidance/low_income_calculations/ualicex.cfm https://www.fhwa.dot.gov/real_estate/policy_guidance/low_income_calculations/ualicex.cfm]. This income information must be obtained from the needs questionnaire and will normally be based on the previous 12 months. This information must be verified during the ten-day contact with the tenant or at initiation of negotiations for displaced owners. If the displacee is receiving welfare payments designated for shelter and utilities and this amount is less than 30% of gross average monthly household income but pays all of the rent and utilities, the lesser amount should be entered in the second space.<br /> <br /> :If the relocation agent suspects that the income information provided is incorrect, additional information such as tax returns should be requested to verify the income.<br /> <br /> :If the displacee refuses to provide income information after the relocation agent has explained the necessity for it, the agent should inform the displacee that the lack of this information may reduce his or her payment and document the file. Enter N/A in both spaces on line 7.<br /> <br /> :Lines 8 and 9 are self-explanatory.<br /> <br /> :If furnishings as discussed in EPG 236.8.11.3(a)(5), are '''not''' involved, line 10 will be marked &quot;N/A&quot; and the amount on line 9 will be repeated on line 11. The amount on line 11 is the computed rental subsidy payment offer.<br /> <br /> :If the landlord provides '''major''' items of furnishings in the subject dwelling unit, but not in the selected comparable, proceed as follows. Review EPG 236.8.11.3(a)(5).<br /> <br /> :'''If''' the entry on line 9 reflects any amount '''other than''' &quot;zero,&quot; enter the total rental costs or the total cost of purchasing the items, '''whichever is the lesser''' on line 10.<br /> <br /> :'''If''' line 9 reflects a &quot;zero&quot; amount, compute the entry for line 10 on Supplemental Rental Subsidy Computation Sheet, RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Supplemental%20Rental%20Subsidy%20Computation%20Form%20236.8.11.3.B.S.pdf Form 236.8.11.3(b)(s)]. (The supplemental computation sheet is considered self-explanatory.) The amount from line 8 on the supplemental computation sheet will be entered on line 10 of the original computation sheet.<br /> <br /> :Add lines 9 and 10 and enter the total on line 11. Line 11 is the rental subsidy payment offer.<br /> <br /> :Should the entry on line 11, computed rental subsidy payment offer, exceed $7,200, see following NOTE A.<br /> <br /> :The form, when properly executed and dated, is then complete.<br /> <br /> '''NOTE A: Computed Payment Exceeds $7,200'''<br /> <br /> If the only comparable DS&amp;S replacement rental unit available requires a rental subsidy payment in excess of $7,200, or if there are no acceptable comparables available in the area, the entire payment must be made under the Last Resort Housing Program. This program will not be applied for 90-Day owner-occupants who desire to rent rather than purchase replacement dwellings if comparable DS&amp;S replacement dwellings are available to them for purchase through routine RHP.<br /> <br /> If 90-Day owners elect to rent rather than purchase replacement housing and a comparable DS&amp;S replacement rental unit is not available within the maximum $7,200 payment range, compute a routine RHP offer to prove that they could be relocated in the same ownership status they enjoyed prior to being displaced. The relocatees must be advised of the availability of such computed payment. If they still elect to rent, they can of course do so. Their rental subsidy payment shall be no more than their calculated RHP. The unit file must be documented to show that these actions were taken. If a comparable DS&amp;S replacement dwelling is not available for either purchase or rent within the maximum payment allowance, a solution must be provided under the Last Resort Housing Program.<br /> <br /> '''NOTE B: Relocatee Owns Pets'''<br /> <br /> If a relocatee owns pets, it is preferable that selected comparable replacement rental units also permit pets; however, it is not mandatory that they do so if the most nearly comparable replacement units available meet all other comparability requirements and otherwise meet the needs of the relocatee involved.<br /> <br /> Select comparable replacement rental units that permit pets, if this can be accomplished without increasing the amount of their rental subsidy payments and/or without the necessity of rejecting otherwise acceptable comparables.<br /> <br /> Seeing Eye dogs owned by blind relocatees are not considered to be pets under this policy. When they are involved, comparables must be selected which will accept the relocatees' Seeing Eye dog. If other special cases involving pets and/or other animals are encountered which deserve special consideration, submit all facts to the Right of Way Section together with a recommended solution.<br /> <br /> '''NOTE C: Relocatee is Disabled'''<br /> <br /> To meet DS&amp;S requirements the selected replacement dwelling unit for a disabled person must be free of any barriers which would preclude reasonable ingress, egress or use of the unit by the relocatee.<br /> <br /> If a suitable replacement cannot be located which will accommodate the relocatee, it is permissible to increase the monthly rental of an otherwise comparable replacement unit to compensate the owner for the cost of rearranging it as necessary to meet the DS&amp;S standards.<br /> <br /> The department must not be placed in the position of guaranteeing or assuring the owner of a potential replacement dwelling that the relocatee will rent the unit if the landlord makes the necessary changes to enable it to accommodate the disabled person.<br /> <br /> The relocation agent should (1) locate the otherwise comparable replacement unit, (2) determine the physical changes that are necessary to enable it to accommodate the relocatee, (3) determine that the landlord is willing to make the changes, (4) agree on an acceptable monthly rental fee to be charged if the changes are made, and (5) compute a rental subsidy payment offer based on the agreed monthly rental fee.<br /> <br /> The relocatee and landlord must agree between themselves whether or not to proceed with the proposed physical changes in the potential replacement unit.<br /> <br /> The computed offer will be available to the relocatee if he/she rents and occupies the selected comparable for the agreed rental fee that was based on remodeling to meet DS&amp;S standards for the disabled if the remodeling was accomplished, or, if he/she rents any other replacement unit that meets DS&amp;S disabled standards for an amount equal to or exceeding the agreed rental for the selected comparable. If the rental fee paid for the replacement unit that the relocatee actually rents and occupies is less than such agreed rental fee, the rental subsidy payment must be reduced accordingly.<br /> <br /> :'''(4) Preparation When 90-Day Owners Involved'''<br /> <br /> :When qualified 90-Day owners elect to rent rather than purchase a replacement, their payment offer will be computed in the same manner as discussed in preceding subparagraph (3) '''except''' that line 2 will be marked &quot;N/A.&quot; The economic monthly rental fee applicable to the owner's subject dwelling will be used in computing their rental subsidy payment offer.<br /> <br /> :The &quot;economic monthly rental fee&quot; referred to above must be based on market data and the unit file must be documented.<br /> <br /> :'''(5) Preparation When Other Lands and/or Property Involved - Subject Property'''<br /> <br /> :If the rental fee being paid by a relocatee prior to being displaced includes other lands, or when a building is involved that houses both the relocatees' dwelling unit and business, a qualified staff person must prorate the total existing monthly rental fee being paid for the entire property to determine the portion that is applicable to the dwelling and supporting residential land area.<br /> <br /> :This determination must be in writing, signed by the prorator and approved by a district certified appraiser or district Right of Way Manager.<br /> <br /> :It will also be necessary to determine if that portion of the existing rental fee is compatible with the proper economic rental rate that is applicable to the dwelling unit. Follow the instructions in EPG 236.8.11.3(a)(2), when making these determinations. After the economic rent determination has been made, the payment offer will be computed in the manner discussed in preceding subparagraph (3).<br /> <br /> :'''(6) &quot;Nil&quot; or Substantially Reduced Rental Fees Involved'''<br /> <br /> :Review EPG 236.8.11.3(a)(2).<br /> <br /> :'''(7) Relocatee is &quot;Working Out&quot; Rental Cost'''<br /> <br /> :Should a relocatee be &quot;working out,&quot; all or a portion of his/her existing rental fee by performing managerial services, custodian duties, etc., the economic value of the portion of the rental fee being &quot;worked out&quot; must be considered in determining his/her existing rental fee (added to the cash rental payment, if any). Enter the adjusted existing rental fee on line 2 of the computation sheet and compute the rental subsidy offer in the routine manner as discussed in EPG 236.8.11.3(b)(3).<br /> <br /> :'''(8) Other Public Agency Rental Subsidies Involved'''<br /> <br /> ::'''(a) Other Public Agency Rental Assistance Involved - Prior to Displacement'''<br /> <br /> ::If a portion of any public assistance payment received by a relocatee, such as a welfare payment, is specifically designated for housing costs, it is necessary to add the supplement to the amount being paid by the relocatee to establish the &quot;average monthly rental being paid for the subject unit&quot; '''unless''' (1) by law such rent supplement will be discontinued upon vacation of the subject, and not renewed after the relocatee has relocated, in which case, the supplement will not be included when establishing the relocatees' existing monthly rental, or (2) the relocatee is being displaced from public housing. If the relocatee is being displaced from public housing, see following subparagraph (b).<br /> <br /> ::If the other agency's rent supplement payment is to be continued, the agency should be advised of the department's rental subsidy payment so they will not duplicate the payment by also increasing their payments to compensate for increased rental costs of the relocatees' replacement dwelling unit. If the other agency's supplement payment is continued, you only consider the out-of-pocket increases that the relocatee experiences, and you disregard the 30% income rule.<br /> <br /> ::After the subject's &quot;average monthly rental&quot; has been properly determined, the rental subsidy payment offer will be computed in the normal manner.<br /> <br /> ::The unit file must be documented when rent supplements from other agencies are involved to show what action was taken and why. If a rent supplement payment from another agency is involved, it will be necessary for the district to contact the agency to determine if such payments will be discontinued '''by law''' after the relocatee has moved to a replacement dwelling.<br /> <br /> ::'''(b) Relocatee Displaced From Public Housing'''<br /> <br /> ::Review [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(i)(6)]].<br /> <br /> ::Compute the rental subsidy payment offer in the manner discussed in EPG 236.8.11.3(b)(3).<br /> <br /> ::When a relocatee is being displaced from public housing, always use replacement public housing, if available, as &quot;comparables&quot; on the computation sheet.<br /> <br /> ::If the relocation rental subsidy payment offer is to be based on the cost of a replacement public housing unit, the relocatees' existing average monthly rental fee, to be used on line 2 of the computation sheet, will be his/her actual rental expenditure which does not include any portion of his/her housing costs that are paid by the Public Housing Agency. The monthly rental fee of the selected comparable, to be used on line 19 of the computation sheet, will be the actual rental payment that will be made by the relocatee, again excluding any portion of the replacement rental fee that will be paid by the housing agency.<br /> <br /> ::If relocatees who are displaced from public housing are forced to rent private rental housing as a replacement, it is likely that they will be eligible for some type of public welfare housing supplement. The same instructions provided in the preceding paragraph are also applicable in this case. It will be necessary to determine if the relocatees will be eligible for public assistance housing payments. If so, deduct the amount of the payment from the rental fee of the replacement unit to determine the relocatees' replacement rental cost. The policy discussed herein will also produce the correct rental subsidy payment offer if the relocatee does not receive public housing assistance after displacement.<br /> <br /> '''NOTE''': Only in unusual circumstances may a comparable replacement dwelling contain fewer rooms or, consequentially,<br /> less living space than the displacement dwelling. An example is when a displaced person accepts an offer of government housing assistance and the applicable requirements of such housing assistance program require that the displaced person occupy a dwelling that has fewer rooms or less living space than the displacement dwelling<br /> <br /> :'''(9) Multiple Occupancy of Same Dwelling Unit'''<br /> <br /> :Review [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(7)]]. The principles in the referenced subparagraph also apply to multiple occupancy of single-family rental units.<br /> <br /> ::'''a. Comparable Decent, Safe and Sanitary Replacement Dwelling Unit IS Available'''<br /> <br /> ::If a comparable or better DS&amp;S replacement dwelling unit is available for rent within the maximum $7,200 rental subsidy payment limitation when two or more eligible individuals and/or families who do not maintain separate households are displaced from the same single-family rental dwelling unit, only one rental subsidy payment will be made. The payment offer will be computed in the routine manner as if only one family was involved.<br /> <br /> ::'''b. Comparable Decent, Safe and Sanitary Replacement Dwelling Unit IS NOT Available'''<br /> <br /> ::If a comparable or better DS&amp;S replacement dwelling unit is not available for rent when two or more eligible individuals and/or families who do not maintain separate households are displaced from the same single-family rental unit and the families are forced to occupy separate rental units after displacement, each eligible individual and/or family involved will be entitled to a separate rental subsidy payment offer. A separate Rental Subsidy Computation Sheet [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Rental%20Subsidy%20Offer%20Computation%20Sheet%20Form%20236.8.11.3.B.pdf (Form 236.8.11.3(b))] must be completed for each individual and/or family in the following manner.<br /> <br /> ::Fill out the heading and line 1 in the usual manner.<br /> <br /> ::Divide the existing average monthly rental fee being paid for the subject unit by the number of separate individuals and/or families that occupy it if the rental fee is being equally divided; if not, divide it accordingly to the percentage ratio being paid by each separate individual and/or family. Obtain a written statement, signed by each head of household, advising how the existing fee is being &quot;split&quot; if it is not being evenly divided. If a statement cannot be obtained, consider the fee as being equally divided. Enter the prorated portion of the existing fee applicable to the subject individual or family whose payment is being computed on line 2.<br /> <br /> ::If one individual or family is principal renter and others are subrenters, the principal renter's pro rata portion of the existing rental fee will be the difference between the total rental fee the principal renter pays for the dwelling unit and the total of the payments he/she collects from the subrenters. The subrenter's pro rata portion will be the amount they pay to the principal renter.<br /> <br /> ::If the subject's economic rental rate is a factor, determine it and prorate in the same manner applied to the actual existing fee. Show the prorated conclusion on line 5.<br /> <br /> ::Prior to completing lines 7 through 18, it is necessary to determine the size and utility of the replacement rental dwelling unit to which each separate individual and/or family is entitled by considering the space and utility each used in the subject dwelling. This can be accomplished by determining the space each individual and/or family privately occupied in the subject. Shared space in the subject can be &quot;credited&quot; to all individuals and/or families involved who had unlimited access to it.<br /> <br /> ::Use available DS&amp;S replacements, lines 7 through 18, that are as nearly comparable as possible to the prorated '''space''' applicable to the subject individual or family.<br /> <br /> ::After the above steps are taken, the balance of the computation sheet can be completed in the routine manner. The entries on lines 2 and 5 and on line 10, under the computation section, will not be a prorated amount; enter the total adjustment amount as if no other relocatees jointly occupied the subject unit. The cost of providing furnishings in the selected comparable relates only to those furnishings provided in the area privately and jointly occupied by the subject relocatee that are not also furnished in the selected comparable. All prorations and computations not included on the computation sheet should be documented in the unit file.<br /> <br /> ::Should one of the individuals and/or families elect to rent a replacement dwelling unit and others elect to purchase in lieu of renting, each can qualify for their applicable payment if otherwise eligible.<br /> <br /> ::Should the only existing comparable or better DS&amp;S replacement dwelling units available require a rental subsidy payment in excess of $7,200, or if no existing comparable or better replacement is available, determine whether it is more practical to provide separate replacement dwelling units as discussed in preceding subparagraph B or to make an existing higher priced replacement available under the Last Resort Housing Payment Program. Submit your findings and recommendations to the Right of Way Section for concurrence prior to making a commitment to the relocatee.<br /> <br /> ::If some of the occupants are owners and others are tenants, see [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(7)C]].<br /> <br /> :'''(10) Utilities Furnished By Landlord'''<br /> <br /> :Review EPG 236.8.11.3(a)(4).<br /> <br /> :'''(11) Tenants With Less Than 90-Day Occupancy and Subsequent Occupants'''<br /> <br /> :Review [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(c)(2) and (3)]], that discuss the department's replacement housing obligation to tenants with less than 90 days occupancy and subsequent tenant occupants.<br /> <br /> :Any comparable DS&amp;S replacement dwelling available to such relocatees that requires a monthly rental fee that does not exceed the higher of (1) the rent being paid for the displacement unit, or (2) 30% of the relocatees' total monthly gross income (if determined to be “low income”as defined at 236.8.12.3(b)(3)) '''is''' affordable to them. If such a replacement is available, the relocatees will not be eligible for a rental subsidy payment or any other RHP. (An exception could exist: relocatees could possibly qualify for payment if the furnishings in the subject unit are provided by the landlord but are not provided in the &quot;affordable&quot; comparable replacement unit. Proper use of a rental subsidy computation sheet will determine whether or not payment is due and, if so, the amount.)<br /> <br /> :If an affordable replacement is not available, it will be necessary to present the relocatees a rental subsidy payment offer equal to 42 times the difference between (1) the relocatees' existing average monthly rental '''or''' 30% of their gross monthly income (if determined to be “low income”), whichever is the larger, and (2) the monthly rental fee of an available higher priced DS&amp;S comparable. This computation procedure ensures that an affordable DS&amp;S replacement is available to the relocatees.<br /> <br /> :Compute the payment on a Rental Subsidy Computation Sheet. The entry on lines 2 of the form and will be the '''greater''' of (1) the subject's existing average monthly rental, '''or''' (2) 30% of the relocatees' gross monthly income (if determined to be “low income”).<br /> <br /> :The relocatees' actual rental subsidy payment will be the '''lesser''' of (1) their rental subsidy payment offer, or (2) 42 times the difference between (a) the higher of the relocatees' existing monthly rental '''or''' 30% of their gross monthly family income (if determined to be “low income”), and (b) the monthly rental fee of the replacement dwelling they actually rent and occupy.<br /> <br /> :Relocatees in these two categories '''who are entitled''' to a rental subsidy payment can elect the down payment assistance option; however, the down payment assistance cannot exceed the amount of their rental subsidy payment offer plus incidental costs.<br /> <br /> :'''(12) Reductions in Rental Subsidy Payment Offers'''<br /> <br /> :Review [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(c)(8)]], relating to reductions in RHP offers. The general principles therein are applicable when rental subsidy payment offers are involved.<br /> <br /> :Recomputed rental subsidy offers that are less than the original offer can be presented to the relocatee provided that the relocatee would not suffer financial loss, embarrassment or other problems due to his/her inability to fulfill previous good faith commitments made in anticipation of receiving the original offer.<br /> <br /> :When a reduced offer is involved, the unit file must be documented.<br /> <br /> :Revised offers should be presented to relocatees in writing. Specifically mention that the revised offer supersedes the original.<br /> <br /> :'''(13) Withdrawal of Rental Subsidy Payment Offers'''<br /> <br /> :See [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(c)(7)]].<br /> <br /> ===236.8.11.4 Computations - Actual Rental Subsidy Payment Due Relocatee===<br /> <br /> The only additional information needed to make an actual payment determination, which will not have been previously obtained for use in computing the rental subsidy payment offer, is the specific monthly rental fee being paid by the relocatees for their DS&amp;S replacement dwelling unit. A final determination of the actual payment amount due a relocatee cannot be made until after he/she has rented a DS&amp;S replacement dwelling unit.<br /> <br /> The relocatees should furnish the department a copy of their lease or copies of applicable rental receipts to document the amount of the replacement rental rate. If neither is available, or if the amount of the replacement rental rate is not clearly defined in available documentation, the rate should be confirmed by both the tenant and the landlord and the file documented to show this action was taken. Under the latter circumstance, a signed statement by the department employee who made the determination, showing who was contacted, dates of contacts, how made, stated rental fees and other pertinent facts, is adequate.<br /> <br /> If there are discrepancies in available documentation or if the relocatees and their landlord report different monthly rental fees for the replacement, the discrepancy must be reconciled before the actual rental subsidy payment amount can be properly determined.<br /> <br /> '''(a) Payment Determination'''<br /> <br /> :'''(1) Routine Situations'''<br /> <br /> :In a routine situation, the actual rental subsidy payment amount will be either (1) the applicable rental subsidy payment offer as discussed in [[236.8 Relocation Assistance Program#236.8.11.3 Computations - Rental Subsidy Payment Offers|EPG 236.8.11.3(b)(3)]], '''or''' (2) an amount determined by multiplying the difference between the average monthly rental cost displacees were paying for the unit from which they were displaced and the monthly rental cost they are paying for the actual DS&amp;S replacement unit times 42, whichever is the lesser, not to exceed $7,200. Use RA Claim [http://eprojects/Templates/RW/Chapter%208_Relocation/Rental%20Subsidy%20Claim%20Form%20236.8.11.5.pdf Form 236.8.11.5(a)], when computing this payment.<br /> <br /> :'''Line 1 under the computation section''': Insert the actual monthly rental fee that the relocatees are paying for their replacement dwelling unit.<br /> <br /> :Should the relocatees move from an unfurnished unit to a furnished replacement, the portion of the replacement rental fee that is chargeable to the furnishings must be deducted from the total fee prior to computing the rental subsidy payment. Deduct the portion chargeable to furnishings from the total rental fee and reflect the resulting figure on line 13 of the claim form. Explain this action under comments on the back of the claim form that is used as a computation work sheet, or on a separate sheet attached to the file copy of the claim.<br /> <br /> :'''Line 2 thru 6''': Self-explanatory.<br /> <br /> :Exception for line 2.<br /> <br /> :When the landlord '''provides''' the utilities in the actual DS&amp;S replacement dwelling that is rented and occupied by the relocatee, insert &quot;N/A&quot; in line 2.<br /> <br /> :When utilities '''are''' provided by the landlord in '''both''' the subject dwelling '''and''' the selected comparable on which the rental subsidy offer was based but are not provided in the actual DS&amp;S replacement dwelling rented and occupied by the relocatee, insert in line 2 the estimated monthly utilities for the replacement dwelling. <br /> <br /> :'''Line 7''': The relocatees' average monthly household income should be reverified when the claim is filed. If the income has changed, the rental subsidy should be recomputed based on the average monthly income for the 12 months preceding the date the relocatee moved from the displacement dwelling. If this recomputation results in a lower payment and the relocatee has already spent or is obligated to spend the original computed rental subsidy as a down payment, the original average income should be used and a recomputation should not be done. If the relocatee is no longer employed, provide the facts to the Right of Way Section and request assistance.<br /> <br /> :'''Lines 8 thru 15''': Self-explanatory.<br /> <br /> :'''(2) Other Lands and/or Property Involved - Replacement Property'''<br /> <br /> :If the replacement rental property includes other lands and/or property, in addition to the single-family residential dwelling unit occupied by the relocatee, it will be necessary for an appraiser to determine, as accurately as possible, the portion of the total rental fee that is chargeable to the dwelling and supporting residential land area.<br /> <br /> :The determination must be supported in writing, signed by the appraiser and approved by the district certified appraiser or district Right of Way Manager.<br /> <br /> :The appraiser should consider the economic rental fee for the replacement dwelling unit and a proration of the total fee being paid for the entire replacement property to arrive at a pro rata amount. Hopefully both approaches will indicate the same conclusion; however, if not, the portion of the total fee charged to the replacement dwelling unit will, of necessity, be based on the proration of the actual rental fee being paid for the entire replacement property.<br /> <br /> :The prorated portion of the total rental fee that is assigned to the replacement dwelling unit will be used on line 1under computations of RA Claim [http://eprojects/Templates/RW/Chapter%208_Relocation/Rental%20Subsidy%20Claim%20Form%20236.8.11.5.pdf Form 236.8.11.5(a)].<br /> <br /> :Should a replacement rental property that includes other lands and/or property be located in another state, advise the Right of Way Section and request assistance in obtaining the necessary proration of the rental fee.<br /> <br /> :'''(3) Other Public Agency Rental Subsidies Involved'''<br /> <br /> ::'''(a) Relocatee Moves to Public Housing'''<br /> <br /> ::If relocatees move into public subsidized rental housing, the actual rental fee being paid '''by the subject relocatees''' for their subsidized housing must be used in determining the amount of the rental subsidy payment they are entitled to receive from the department. This fee should be obtained from the public agency in charge of such rental housing.<br /> <br /> ::If relocatees who elected to be paid in installments originally move into decent, safe and sanitary replacement rental housing that is not subsidized and later, during the four-year installment payment period, move into public subsidized rental housing that requires a lower rental fee than their original replacement, the public housing agency involved must be notified in writing that the relocatees are receiving rental subsidy payments from the department that are based on higher rental fees than they are currently paying for such public housing. The department's rental subsidy payment will not be recomputed or changed and future installment payments will be made as originally scheduled so long as the relocatees occupy DS&amp;S housing.<br /> <br /> ::'''(b) Other Public Agency Rental Assistance Involved - After Displacement'''<br /> <br /> ::If relocatees who did not receive direct rental assistance payments from other agencies prior to being displaced do receive such payments after displacement, use only the actual replacement rental payment they are making, excluding subsidies being paid by other agencies, when computing the actual rental subsidy payment they are entitled to receive from the department.<br /> <br /> ::Should the initiation of rental assistance payments by other agencies not begin until after the first rental subsidy payment is made by the department, but during the installment payment period, notify the public agency making such payments in writing that the department is also making rental subsidy payments to the relocatee. The department's rental subsidy payment will not be recomputed or changed and future installment payments will be made as originally scheduled so long as the relocatees occupy DS&amp;S housing.<br /> <br /> ::It is not the district's responsibility to uncover rental assistance payments from other agencies unless this information is provided on the claim form. If district personnel learn that a claim form is erroneous, and that such payments are being received by a relocatee, the other agency involved must be notified.<br /> <br /> ::'''(c) Other Public Agency Rental Assistance Involved - Before and After Displacement'''<br /> <br /> ::Review [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(i)(6)]].<br /> <br /> ::If the '''same''' portion of a public housing assistance payment received by a relocatee both before and after displacement is specifically designated for housing costs, normally as a rent supplement, his/her rental subsidy payment will be computed based upon out-of-pocket expense increases without regard to income. When computing the relocation rental subsidy payment, consider '''total''' rental fees paid for both the subject and replacement dwelling units, the rent supplement payment paid by the public agency plus the amount paid solely by the relocatee.<br /> <br /> ::If the public assistance payment does not designate a specific amount for housing costs, the relocation rental subsidy payment will be computed in the manner discussed in EPG 236.8.11.4(a)(1). Consider '''total''' rental fees in the actual payment computations.<br /> <br /> ::All of the preceding instructions in this subparagraph also apply, including the applicability of the payment computation procedure discussed in EPG 236.8.11.4(a)(1), if the portion of the public assistance payment designated for housing costs change after displacement '''except that''' only the portion of the rental fees, both subject and replacement paid solely by the relocatee, excluding the public agency rent supplement, will be used when computing the relocation rental subsidy payment. Under this circumstance, the computed payment will not normally exceed the previously computed rental subsidy payment offer. Should it do so, it will be necessary to recompute the payment offer for the purpose of establishing the maximum payment available using the portion of the rental fee paid solely by the relocatee. Determine the portion of the selected comparable's rental fee that would be paid solely by the relocatee by subtracting the revised rent supplement paid by the other agency from the rental fee of the selected comparable.<br /> <br /> ::It will be necessary to obtain information from the public agency involved if it is not known whether or not a portion of such agency's assistance payment to the relocatee, both before and after displacement, is specifically designated for housing costs.<br /> <br /> ::The unit file must be documented when rent supplements from other agencies are involved to show what action was taken and why.<br /> <br /> ::'''(d) Other Public Agency Rental Assistance Discontinued After Displacement'''<br /> <br /> ::If a relocatees' public assistance payment is discontinued '''by law''' after displacement, follow the same instructions included in the preceding subparagraph which are applicable when the portion of the public assistance payment designated for housing costs changes after displacement.<br /> <br /> ::If the public assistance payment is discontinued for any reason other than as required by law, request specific computation instructions from the Right of Way Section.<br /> <br /> '''NOTE''': Relocatees '''will not''' be eligible for a rental subsidy payment if their entire rental fee is being subsidized by a public agency both before and after displacement.<br /> <br /> :'''(4) Multiple Occupancy of Same Dwelling Unit (Relocatees Do Not Maintain Separate Households)'''<br /> <br /> :Review [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(7)B]]. The principles therein are also applicable when rental dwellings are involved.<br /> <br /> ::'''(a) Comparable Decent, Safe and Sanitary Replacement Dwelling Unit IS Available'''<br /> <br /> ::If a comparable or better DS&amp;S replacement dwelling unit is available for rent within the maximum $7,200 when two or more eligible individuals and/or families are displaced from the same single-family rental dwelling unit, only one rental subsidy payment will be made. The payment will be computed in the routine manner.<br /> <br /> ::Should the individuals and/or families rent and occupy different replacement dwelling units by choice, or should some rent DS&amp;S replacements but others fail to do so, each '''eligible''' individual and/or family can be paid '''the lesser of''' (1) their pro rata share of the one rental subsidy payment offer, or (2) an amount computed in the manner explained in paragraph II, headed &quot;Actual Payment Computations.&quot;<br /> <br /> ::Should some of the individuals and/or families rent and others purchase replacement dwellings, those which rent can be paid a rental subsidy payment determined in the preceding manner and those which purchase can be paid a pro rata share of the one rental subsidy payment as a down payment plus incidentals.<br /> <br /> '''NOTE''': The following procedure is fully applicable even though one of the relocatees is the principal renter and the others are subrenters. The total rental fee paid by the principal renter will be used in computing the one payment. When determining the principal renter's actual contribution toward payment of the total rental fee, deduct the amount he/she collects from the subrenters from the total rental fee paid for the subject unit.<br /> <br /> ::'''I. Proration of Offer'''<br /> <br /> ::The first step in prorating the rental subsidy payment offer is to obtain a written statement from the parties involved advising of the amount each contributed toward payment of the total rental fee charged for the unit from which they were displaced. The statement must be signed by all of the separate parties which occupied the subject regardless as to whether or not they paid any portion of the rental fee. If for any reason they fail to present the statement, consider them as having shared the rental fee equally. Relocatees who did not pay any portion of the subject unit's rental fee will not be entitled to a separate pro rata rental subsidy payment from the department.<br /> <br /> ::Prorate the one computed payment offer to determine each individual and/or families share by dividing the offer in the same percentage ratio that each contributed in the payment of the subject's rental fee. The pro rata share of the rental subsidy offer thus established will be the maximum rental subsidy payment that any of the separate parties can be paid and will be the amount shown on line 20 of the claim form.<br /> <br /> ::If two or more of the individuals and/or families rent and occupy the same DS&amp;S replacement unit, add their pro rata shares together to determine the maximum payment they are jointly entitled to receive. No problem will be encountered if those who relocate together request installment payments as discussed in [[236.8 Relocation Assistance Program#236.8.11.5 Rental Subsidy Claim Forms|EPG 236.8.11.5(b)]], unless they &quot;split&quot; after receiving their initial payment and some do not reoccupy DS&amp;S housing. Should this occur, divide the amount of the current installment payment by the total number of relocatees who were originally eligible to receive it and pay those who are currently qualified their share of the installment payment.<br /> <br /> ::'''II. Actual Payment Computations'''<br /> <br /> ::The actual payment due each separate party involved, not to exceed their pro rata share of the joint offer as determined in paragraph I above based on the rental fee they actually pay for their replacement dwelling can be determined by completing the &quot;Payment Computations&quot; section of RA Claim [http://eprojects/Templates/RW/Chapter%208_Relocation/Rental%20Subsidy%20Claim%20Form%20236.8.11.5.pdf Form 236.8.11.5(a)], using the pro rata share of rent and utilities they paid on the displacement dwelling.<br /> <br /> ::Contact the Right of Way Section if unusual circumstances are involved which indicate that the procedures in this subparagraph are inappropriate.<br /> <br /> ::'''(b) Comparable Decent, Safe and Sanitary Replacement Dwelling Unit IS NOT Available'''.<br /> <br /> ::If a comparable or better DS&amp;S replacement rental dwelling unit is not available for rent when two or more individuals and/or families are displaced from the same single-family rental unit, each will be entitled to a separate rental subsidy payment '''if''' they actually rent and occupy separate replacement dwelling units and otherwise qualify for the payment. Should the individuals and/or families involved actually rent and occupy the same single-family replacement dwelling unit, they will be entitled to only one rental subsidy payment. The amount of the one payment will be arrived at by multiplying the difference between the '''total''' monthly rental fee they, all relocatees jointly, paid for the subject and the '''total''' monthly rental fee being paid for the replacement, times 42, '''not to exceed''' the combined total of their separate rental subsidy payment offers.<br /> <br /> ::When the relocatees involved are entitled to separate payments, each individual and/or family must submit a separate claim. The computations section of the claim form will be completed in the routine manner. Amounts will '''not''' be prorated. Use the total adjustment figure as if no other relocatees jointly occupied the subject unit.<br /> <br /> ::'''(c) Married Couples Separated and/or Divorced After Initiation of Negotiations But Prior to Filing Claim'''<br /> <br /> ::Consider that the former spouses were paying equal portions of the rental fee for the unit from which they were displaced unless they specifically claim otherwise and agree in writing to a different proration.<br /> <br /> :'''(5) Tenant Makes Subsequent Moves Within First Year After Original Displacement'''<br /> <br /> :Should relocatees who qualified for and received their maximum rental subsidy payment offer, or who have received at least one installment on such payment, moves from their initial replacement dwelling unit to a different DS&amp;S unit, their payment amount will not be recomputed or changed even though they pay a different monthly rental fee, either higher or lower, for the subsequent replacement unit. This policy applies regardless as to whether the subsequent move occurs within, or after, the one-year period.<br /> <br /> :If relocatees who have been paid a lump sum rental subsidy payment which was less than their maximum rental subsidy payment offer moves to a subsequent DS&amp;S replacement dwelling unit, within the one-year period which requires a higher rental fee than their original replacement, they can be paid the difference between their original payment and the amount that would be due as a rental subsidy payment based on the subsequent replacement unit. Claims for &quot;second&quot; payments must be clearly identified and the file must be documented to show why the payment is being made. If the subsequent move occurs after the above-referenced one-year period, no additional payment will be made under any circumstances.<br /> <br /> :'''(6) Rental Fee For Replacement Rental Unit Increased By Landlord'''<br /> <br /> :If the monthly rental fee for an occupied replacement rental unit is increased after the relocatees receive their rental subsidy payment, no additional payment will be made by the department to cover the increased monthly rental expenditure.<br /> <br /> :If the relocatees received their payment in installments, the amount of installment payments will not be recomputed, changed or increased if the monthly rental fee of their replacement rental unit is increased after they receive their initial installment payment.<br /> <br /> :This policy applies regardless as to whether the rental fee was increased within the first year after the original displacement or in subsequent years.<br /> <br /> :'''(7) Relocatee Displaced From Conventional Dwelling or Mobile Home Becomes Occupant of Rest Home'''<br /> <br /> :The rental subsidy payment for a relocatee who moves to and becomes a permanent rest home occupant after being displaced from a conventional dwelling unit, or from a mobile home, is computed in the routine manner using the portion of the monthly rest home fee that is chargeable to basic &quot;room rent&quot; and utilities as the replacement rental fee.<br /> <br /> :If the relocatee becomes a temporary rest home patron after displacement, provide the facts involved to the Right of Way Section and request instructions before making a commitment to the relocatee.<br /> <br /> :'''(8) Conversion of Payment'''<br /> <br /> :Displaced tenants who rent their original replacement dwellings can '''within''' the one-year time period purchase and occupy a replacement dwelling and claim a down payment assistance; however, the amount of any previously paid rental subsidy must be deducted from the down payment assistance.<br /> <br /> :90-Day owners, who originally rent their replacement dwelling can, '''within''' the one-year period, purchase and occupy a replacement dwelling and claim a RHP. Any previously paid rental subsidy payment will be deducted from the RHP.<br /> <br /> :In either case, the second payment will be computed as if the current replacement dwelling had been originally purchased and as if the interim rental status had not occurred. If it is not possible to determine which replacement housing was available for purchase by a 90-Day owner at the time original displacement, the maximum RHP would be based on the most nearly comparable DS&amp;S replacement dwelling available at the time the relocatee purchased the second replacement.<br /> <br /> :Neither down payment assistance or RHPs will be available to relocatees who change their ownership-occupancy status after the above-referenced one-year period.<br /> <br /> ===236.8.11.5 Rental Subsidy Claim Forms===<br /> <br /> Relocatees must use RA Claim [http://eprojects/Templates/RW/Chapter%208_Relocation/Rental%20Subsidy%20Claim%20Form%20236.8.11.5.pdf Form 236.8.11.5(a)], and no other, in claiming their payment in one lump sum.<br /> <br /> General information concerning claim forms previously discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(d)]], also apply to the rental subsidy claim form.<br /> <br /> '''(a) Rental Subsidy Claim Form--Lump Sum Payments (RA Form 236.8.11.5(a))'''<br /> <br /> :'''(1) Time For Filing Claims'''<br /> <br /> :The claim must be filed within 18 months after the date the relocatees move from the subject dwelling unit but not before they have rented and occupied a DS&amp;S replacement dwelling unit. Rental subsidy claims can be paid as soon as the relocatees meet all eligibility requirements. It is '''not''' necessary to wait until the dwelling from which they were displaced has been acquired by the department.<br /> <br /> '''NOTE A: Direct Payment to Lessor'''<br /> <br /> Upon specific written request from eligible relocatees, their rental subsidy payment can be made directly to a lessor as rental for a DS&amp;S replacement dwelling unit. The relocatees' request for a direct payment must (1) state their desires, (2) name the persons to whom they want the check made payable, (3) advise that those named are lessors of the dwelling unit they are renting to replace the unit from which they are being displaced by the department, (4) that the payment is being applied to the rental charge for the replacement dwelling unit, and (5) that they take full responsibility for the completeness and accuracy of the lessors' names and that they fully understand that the department will not be responsible for the omission of any person from the payment who has an interest in the replacement property. The rental subsidy payment will not be divided, the entire amount due must be paid in one check to the same party or parties.<br /> <br /> :The front of the claim form should be completed and executed in the routine manner. The district must show the persons to whom the check is to be made payable in the appropriate space at the top of the backside of the form. Under comments, explain that the payment is being made to the lessor of the replacement dwelling unit as requested by the relocatee. Attach a copy of the relocatees' written request for direct payment to each copy of the claim, those submitted with the payroll and the copy retained for the unit file.<br /> <br /> '''(b) Manner of Disbursing Rental Subsidy Payment'''<br /> <br /> :Rental subsidy payments will be disbursed in a lump sum, unless the district, with concurrence from the Right of Way Section, determines that the payment should be made in installments.<br /> <br /> ==236.8.12 Relocation Assistance Program - Down Payment Assistance==<br /> <br /> ===236.8.12.1 General Policy===<br /> <br /> Displaced tenants who elect to purchase in lieu of renting a DS&amp;S replacement dwelling, and who actually do so, are entitled to a down payment assistance if they meet the eligibility requirements discussed in following [[236.8 Relocation Assistance Program#236.8.12.2 Payment Eligibility Requirements|EPG 236.8.12.2]].<br /> <br /> The payment amount is equal to their computed rental subsidy payment plus reimbursable incidental closing costs, the combined total of which normally cannot exceed $7,200.<br /> <br /> '''(a) Displaced Tenants - Computed Down Payment Assistance is $7,200 or Less'''<br /> <br /> The payment will be based on the '''lesser of''' (1) the amount of the computed rental subsidy plus incidental closing costs, or (2) the amount the relocatees actually paid down in the purchase of their replacement dwelling plus eligible incidental closing costs.<br /> <br /> '''(b) Down Payment Assistance in Excess of $7,200'''<br /> <br /> The right of way manager must specifically authorize any down payment assistance in excess of $7,200 as a last resort housing payment.<br /> <br /> :'''(1) Last Resort Down Payment Assistance'''<br /> <br /> ::'''a. Tenants'''<br /> <br /> ::Last resort down payment assistance is available to displaced tenants only when either of the following conditions exist:<br /> <br /> ::(1) there are no comparable DS&amp;S replacement rental dwelling units available on the market, <br /> <br /> ::(2) the only comparable DS&amp;S replacement rental dwelling units available would require a rental subsidy payment that exceeds $7,200.<br /> <br /> ::Last resort down payment assistance available to tenants cannot exceed the amount the relocatee would be entitled to as a rental subsidy payment based on the monthly rental of the most nearly comparable DS&amp;S replacement dwelling unit available on the market including incidental closing costs.<br /> <br /> ::Should the original last resort rental subsidy offer be reduced to $7,200, it must be withdrawn and an offer of $7,200 or less made.<br /> <br /> ===236.8.12.2 Payment Eligibility Requirements===<br /> <br /> Eligibility requirements include all those requirements previously stated for rental subsidy payments.<br /> <br /> '''(a) Down Payment Assistance Must Be Applied to Purchase Price of Replacement'''<br /> <br /> The relocatees must make a payment on their replacement residential property equal to or exceeding the amount paid to them as a down payment assistance.<br /> <br /> It is '''not''' required that the relocatees obtain a loan for the purchase of their replacement. They can pay any part of the purchase price from their own resources without the necessity of borrowing money on the property without affecting their payment eligibility.<br /> <br /> '''NOTE''': Money spent by a relocatee in correcting DS&amp;S deficiencies in a newly purchased replacement dwelling will, when properly documented to prove the expenditure, be considered as having been included in the actual down payment made by the relocatee. The value of labor contributed in correcting these deficiencies can be included with prior Right of Way Section concurrence.<br /> <br /> '''(b) Replacement Dwelling Must Be Acquired and Occupied Within One Year'''<br /> <br /> Eligible relocatees must acquire and occupy DS&amp;S replacement dwellings within a one-year period determined in the following manner.<br /> <br /> :'''Tenant''': The same one-year period as discussed in [[236.8 Relocation Assistance Program#236.8.11.2 Payment Eligibility Requirements|EPG 236.8.11.2(a)(3)]], which is applicable when rental subsidy payments are involved.<br /> <br /> ===236.8.12.3 Payment Computations===<br /> <br /> Compute a rental subsidy payment offer, using a Rental Subsidy Offer Computation Sheet [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Rental%20Subsidy%20Offer%20Computation%20Sheet%20Form%20236.8.11.3.B.pdf (Form 236.8.11.3(b)]), to determine the maximum rental subsidy payment the relocatees could be paid. If the computed &quot;offer&quot; is $7,200 or less, their down payment assistance will be limited to $7,200 including incidental expenses. The down payment and closing costs combined cannot exceed $7,200. '''No additional steps are necessary'''.<br /> <br /> If the rental subsidy offer exceeds $7,200, payment will be made under the provisions of last resort and will be limited to the computed rental subsidy amount including incidentals.<br /> <br /> In some cases, relocatees will need to know in advance the maximum payment they could receive before committing to the purchase of a replacement dwelling. If so, the information should be made available to them.<br /> <br /> The &quot;Computation Section&quot; of a Down Payment Claim Form can be used as a work sheet when computing down payment assistance. (Future reference to the &quot;Computation Work Sheet&quot; relates to the use of a Down Payment Claim Form in this manner.)<br /> <br /> :'''Line 1''': Insert the computed rental subsidy amount that was offered to the relocatee.<br /> <br /> :'''Line 2''': This line must reflect the documented amount that the relocatees actually paid down in the purchase of their replacement residential property. The closing statement, a copy of which is to be placed in the unit file, will normally show the amount of the down payment. If a closing statement was not prepared, obtain certified statements from both the relocatee and the lending agency verifying the amount of the down payment.<br /> <br /> :If the down payment assistance is being paid into escrow, the amount to be shown on this line is the down payment that the relocatees have committed to make in the purchase of their replacement residential property.<br /> <br /> :Documented construction and/or DS&amp;S improvement costs can be considered as having been &quot;paid down&quot; in the purchase of the replacement property.<br /> <br /> :'''Lines 3 thru 9''': Self-explanatory. (It is advisable to review [[#236.8.9 Relocation Assistance Program - Incidental Closing Costs|EPG 236.8.9(a) and (b)]], which relate to incidental closing costs before completing lines 5 thru 9.)<br /> <br /> :'''Lines 10 and 11''': Line 10 is provided to include the points paid by the relocatees in financing their replacement dwelling. Line 11 should reflect any loan origination and/or service fees paid by them.<br /> <br /> :'''Line 12''': Self-explanatory.<br /> <br /> :'''Line 13''': This line has been included on the form to ensure that any previously paid rental subsidy payment will be deducted from the relocatees' down payment assistance. A deduction of this type will be necessary if a relocatee who originally rents a replacement dwelling unit and claims a rental supplement payment later, but within the first year after displacement, purchases a DS&amp;S replacement and claims down payment assistance.<br /> <br /> :&quot;Total Amount Claimed&quot; is self-explanatory.<br /> <br /> '''(1) Use of Claim Form Computation Work Sheet in Multi - Occupancy of Same Single - Family Dwelling'''.<br /> <br /> Should eligible individuals and/or families who are displaced from the same single-family dwelling purchase and occupy different DS&amp;S replacement dwellings, each will be entitled to a separate payment.<br /> <br /> Each eligible party's payment can be computed by using the computations section of the [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Down%20Payment%20Claim%20Form%20236.8.12.5.pdf RA Claim Form 236.8.12.5] in the following manner. The procedure must be completed for each eligible party.<br /> <br /> Review EPG 236.8.12.3, which provides instructions for use of the claim form as a payment computation work sheet.<br /> <br /> :'''Lines 1 thru 11''': Complete in the normal manner. Use the total unprorated rental subsidy on line 1.<br /> <br /> :'''Line 12''': Divide the total of lines 9, 10 and 11 by the '''total''' number of separate parties that occupied the subject unit and insert the resulting figure on line 12.<br /> <br /> :'''Line 13''': Self-explanatory.<br /> <br /> '''(2) Use of Claim Form Computation Work Sheet When Computing Last Resort Payment For Tenants'''<br /> <br /> Review [[236.8 Relocation Assistance Program#236.8.12.1 General Policy|EPG 236.8.12.1(b)(1)a]], before proceeding.<br /> <br /> Type &quot;LAST RESORT PAYMENT&quot; in capital letters across the top of the claim form.<br /> <br /> :'''Lines 1 thru 13''': Instructions for completing these lines as provided in EPG 236.8.12.3, are fully applicable.<br /> <br /> ===236.8.12.4 Advance Down Payment Assistance===<br /> <br /> When relocatees do not desire to use their existing resources, to make a down payment on a replacement dwelling prior to receiving the payment, it is permissible to process their claim for advance payment.<br /> <br /> Review [[236.8 Relocation Assistance Program#236.8.8.1 General Policy|EPG 236.8.8.1(a)]], which is generally applicable for down payment assistance and provides the conditions under which advance payments will be made. This Section, is fully applicable to down payment assistance; however, Escrow Agreement Form 236.8.8.1(b), is not applicable. Use the Down Payment Escrow Agreement discussed in following subparagraph (a) when down payment assistance is involved.<br /> <br /> '''(a) Down Payment Escrow Agreement (See [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Down%20Payment%20Escrow%20Agreement%20Form%20236.8.12.4.pdf RA Form 236.8.12.4(a)])'''<br /> <br /> The escrow payment procedure is normally desirable in making an advance payment if the seller of the replacement dwelling is agreeable to closing the transaction and permitting the relocatees to occupy the dwelling prior to receipt of the entire purchase price with the condition that the relocation payment will be placed in escrow for immediate delivery after the relocatees purchase and occupancy eligibility requirements are fulfilled.<br /> <br /> The following actions should be taken when the escrow payment procedure is used:<br /> <br /> :'''Step 1''': The Relocation Agent and relocatees should mutually agree on a qualified Escrow Agent other than the real estate firm that is handling the sale of the replacement property to the relocatees. Reasonable escrow fees, which should always be predetermined, can be paid by the department as routine relocation incidental expenses.<br /> <br /> :'''Step 2''': District personnel should fill out a &quot;Down Payment Escrow Agreement,&quot; RA Form 236.8.12.4(a), in the following manner.<br /> <br /> :List the names of all relocatees who are eligible to receive the payment in the first blank space as &quot;Purchasers.&quot; Insert the name of the Escrow Agent in the second space.<br /> <br /> :Compute the amount to be shown in the third paragraph of the agreement by using a Down Payment Claim Form [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Down%20Payment%20Claim%20Form%20236.8.12.5.pdf (Form 236.8.12.5)] as a work sheet.<br /> <br /> ::(1) Complete lines 1, 2 and 3 in the routine manner. Line 2 will reflect the down payment amount that the relocatees agreed to pay when they obtained their loan commitment from the lending agency which is financing the purchase of their replacement dwelling.<br /> <br /> ::(2) Mark line 9 &quot;N/A.&quot;<br /> <br /> ::(3) Insert the amount shown on line &quot;Total Amount Claimed&quot; of the computation sheet (Claim Form) in the third paragraph of the Escrow Agreement.<br /> <br /> '''NOTE''': The computed amount to be shown in the third paragraph of the agreement does not include any incidental closing costs, fees or points.<br /> <br /> The amount to be shown in the first numbered paragraph of the agreement, which relates to the amount to be deposited with the Escrow Agent, is the same amount that was shown in the preceding paragraph of the agreement.<br /> <br /> The amount to be shown in the fifth numbered paragraph of the agreement is the same amount that was shown on line &quot;Total Amount Claimed&quot; of the above-referenced computation sheet, the computation sheet that was used in computing the amount inserted in the third paragraph of the agreement.<br /> <br /> :'''Step 3''': The agreement must be signed by all relocatees whose names appear in the first paragraph of the agreement as &quot;Purchasers&quot; who executed the agreement, the escrow agent and the department.<br /> <br /> :The wording in the fourth numbered paragraph of the agreement should be interpreted to mean that the escrow agent will check with the district prior to releasing the payment so that the district can ensure that all payment eligibility requirements have been fulfilled. This requirement should be explained at the time the escrow agent's copy of the agreement is signed.<br /> <br /> :'''Step 4''': Give one copy of the agreement to the relocatees, one copy to the escrow agent and retain original for the unit file.<br /> <br /> :'''Step 5''': Assist the relocatees in completing and filing their down payment assistance claim.<br /> <br /> :Should the relocatees purchase a replacement under a binding purchase agreement or under any other arrangement that would cause the wording in the second numbered paragraph to be inaccurate, advise the Right of Way Section.<br /> <br /> :If relocatees, who intend to obtain a replacement other than through outright purchase of a DS&amp;S replacement dwelling, request an &quot;advance&quot; down payment, advise the Right of Way Section.<br /> <br /> :Escrow fees should not be paid until the escrow agent has provided a signed receipt as required in the fourth numbered paragraph of the Escrow Agreement.<br /> <br /> '''NOTE''': As previously explained, escrow deposits do not include incidental closing costs as the amount of these costs will not be known at the time the escrow deposit is made. Paragraph 5 of the Escrow Agreement states that the relocatees must make an actual down payment in the purchase of their replacement that is not less than the specified amount in order for the escrow deposit to be released. In nearly every case, the relocatees will have progressed far enough with the purchase of their replacement by the time the Escrow Agreement is signed to ensure that they will make the specified down payment. It is possible, with district Right of Way Manager’s approval, to authorize the escrow agent to release a lesser amount than the total escrow deposit to the relocatees and refund the balance to the department if the relocatees' actual down payment is less than the amount paid into escrow. The relocatees can claim the applicable portion of their incidental closing costs in a later claim.<br /> <br /> '''(b) Include Escrow Agent as Payee on Check'''<br /> <br /> When a Down Payment Escrow Agreement is used, list the payees on the back of the claim form in the following manner:<br /> <br /> &quot;(Escrow Agent's name), Escrow Agent for (list all relocatees who signed claim).&quot;<br /> <br /> The claim payment check should reflect the payees in the same manner.<br /> <br /> ===236.8.12.5 Down Payment Claims===<br /> <br /> '''(a) When Filed'''<br /> <br /> Down payment claims will not be filed until an eligible relocatee has purchased and occupied a DS&amp;S replacement dwelling '''unless''' the advance payment procedures discussed in the preceding paragraphs are used.<br /> <br /> Down payment assistance claims from tenants must be filed with the department no later than 6 months after the expiration of the one-year period discussed in [[236.8 Relocation Assistance Program#236.8.11.2 Payment Eligibility Requirements|EPG 236.8.11.2(a)(3)]].<br /> <br /> '''(b) Down Payment Claim Form (See [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Down%20Payment%20Claim%20Form%20236.8.12.5.pdf RA Form 236.8.12.5])'''<br /> <br /> Down Payment RA Claim Form 236.8.12.5 must be used in claiming down payment assistance.<br /> <br /> Any member of the district right of way staff is authorized to assist the relocatee in computing the payment and in completing the claim form. The claim and accompanying documentation must be carefully checked after it is received in the district and prior to submission to the Right of Way Section for payment.<br /> <br /> The claim form is designed to enable eligible relocatees to include incidental closing costs. Instructions applicable to incidental closing costs and the manner in which they should be included on this type claim form are provided in [[#236.8.9.2 Claim Forms|EPG 236.8.9.2(b)]].<br /> <br /> The &quot;Computations&quot; section of the claim should be completed as discussed in [[236.8 Relocation Assistance Program#236.8.12.3 Payment Computations|EPG 236.8.12.3]].<br /> <br /> '''(c) Required Documentation'''<br /> <br /> :'''(1) Routine Claims Submitted After Replacement Purchased'''<br /> <br /> :Copies of the &quot;closing statement&quot; showing the amount of the actual down payment made must be attached to the original copy of the claim form when submitted by the relocatee. Also attach a copy of any &quot;sales agreement&quot; that was used in the transaction.<br /> <br /> :If the closing statement does not clearly show the amount of the actual down payment made by the relocatee or if a closing statement was not prepared, the relocatee must provide a notarized statement signed by both the buyer and seller certifying the amount paid down. Under this circumstance, the district should be sure prior to making the payment that the deed or sales contract by which the relocatee acquires the replacement dwelling is recorded in the office of the County Recorder of Deeds. See [[236.8 Relocation Assistance Program#236.8.1.5 Ownership Qualifications|EPG 236.8.1.5(c)]] if a sales contract is involved.<br /> <br /> :In addition, copies of paid receipts must be included to prove all incidental costs claimed if they were not included in a closing statement and any other documentation necessary to support all of the costs and payments included in the claim for reimbursement.<br /> <br /> :If construction costs are considered as having been paid down in the purchase of the replacement property, these costs must be documented by paid receipts or other proof.<br /> <br /> :All documentation is to be retained in the district unit file and is not to accompany claims submitted to the Right of Way Section for payrolling.<br /> <br /> :'''(2) Advance Claims Submitted Under Escrow or Relocation Housing Possession Agreement Provisions'''<br /> <br /> :Advance claims covered by a signed Escrow or Relocation Housing Possession Agreement do not require additional attached documentation. Documentation as required in preceding paragraph (1) must be obtained for the unit file before or at the time the escrow payment is released.<br /> <br /> :The down payment amount set out in an &quot;Escrow Agreement&quot; must be the same amount as reflected in the advance claim unless approval for a different payment amount was approved by the Right of Way Section under the procedure discussed in the NOTE at the end of [[236.8 Relocation Assistance Program#236.8.12.4 Advance Down Payment Assistance|EPG 236.8.12.4(a)]].<br /> <br /> :After the closing has occurred and payment has been delivered to the relocatee by the Escrow Agent, a signed receipt will be available for the file as required in the Escrow Agreement.<br /> <br /> :Advance claims submitted under the escrow provision must be accompanied by a copy of the executed &quot;Down Payment Escrow Agreement&quot; when forwarded to the Right of Way Section for payment.<br /> <br /> :'''(3) Incidental Costs Must Be Documented'''<br /> <br /> :All incidental costs claimed must be shown in the closing statement. If a closing statement was not prepared, expenditures must be supported by paid receipts.<br /> <br /> '''(d) Direct Payment to Seller of Replacement Dwelling'''<br /> <br /> The relocatees' payment will be made directly to the seller of the replacement dwelling '''if''' the relocatees specifically request it in writing.<br /> <br /> The relocatees' written request must (1) clearly state their desires, (2) name the specific persons to whom they want the check made payable, (3) include a statement that the parties named are the grantors of the dwelling they are acquiring to replace the dwelling unit from which they are being displaced by the department, (4) that the payment is being applied to the purchase price of their replacement dwelling, and (5) that they take full responsibility for the completeness and accuracy of the grantors' names and that they fully understand that the department will not be responsible for the omission of any person from the payment who has an interest in the replacement property. The payment will not be divided. The entire amount due must be paid in one check to the same party or parties.<br /> <br /> The front of the down payment claim form should be completed and executed by the relocatees in the routine manner. The district must show the person or persons to whom the check is to be made payable in the appropriate space at the top of the back side of the form. Under &quot;Comments&quot; explain that the payment is being made to the grantor of the replacement dwelling as requested by the relocatees. Attach a copy of the relocatees' written request for direct payment to each copy of the claim form.<br /> <br /> ==236.8.13 Relocation Assistance Program - Last Resort Housing==<br /> <br /> ===236.8.13.1 General Explanation===<br /> <br /> As noted in preceding sections, the Uniform Relocation Regulations establish maximum payment limitations for the various types of RHPs. The regulations also prohibit acquiring agencies from causing residential occupants to move from their dwellings unless comparable DS&amp;S replacement housing has been made available to them.<br /> <br /> Without relief from these limitations and prohibitions, it would not be possible to proceed with a project when the only replacement dwellings available require RHPs in excess of the maximum payment limitations or when there is no existing replacement housing available. Relief is provided in the Uniform Regulations which authorize Last Resort Housing Payments.<br /> <br /> These payments can be made available under the Last Resort Housing Program when there is reasonable likelihood that the project will not be able to proceed in a timely manner because comparable DS&amp;S replacement housing cannot otherwise be made available to the residential relocatees.<br /> <br /> The department is given broad latitude in providing replacement housing under this program, providing that the costs are reasonable and the measures taken to provide last resort housing are cost effective.<br /> <br /> '''(a) Methods of Providing Last Resort Replacement Housing'''<br /> <br /> Practically any reasonable and cost effective procedure can be used in providing last resort replacement housing. The methods of providing last resort housing include, but are not limited to:<br /> <br /> :'''1'''. Rehabilitation of and/or additions to an existing replacement dwelling.<br /> <br /> :'''2'''. The construction of a new replacement dwelling.<br /> <br /> :'''3'''. The relocation of an existing dwelling and, if necessary, its rehabilitation.<br /> <br /> :'''4'''. The purchase of land and/or a replacement dwelling by the department and sale or lease to the relocatee.<br /> <br /> :'''5'''. Changes as necessary in a replacement dwelling to enable it to accommodate a disabled relocatee.<br /> <br /> :'''6'''. The provision of a direct loan that requires a regular amortization or deferred payment. The loan may be unsecured or secured by the real property. It may bear interest or be interest free. This procedure cannot be applied in lieu of a RHP but used only when a relocatee cannot otherwise secure financing. <br /> <br /> :'''7'''. A replacement housing, down payment or rental subsidy payment that exceeds the maximum payment limitations for the type payment involved.<br /> <br /> Procedure 7 will normally be the most cost effective way to provide suitable last resort replacement housing. In this case, a comparable DS&amp;S replacement will be available but the computed RHP based on such replacement will exceed the maximum payment limitation. When justified, approval will be granted to pay the computed amount as a last resort payment.<br /> <br /> Under limited conditions, in areas where replacement housing is in short supply, it may be permissible for the department to rent an available replacement unit and hold it open for tenants that will be displaced by a project. It may also be permissible for the department to rent a dwelling that is being acquired as right of way for a project if it becomes vacant prior to acquisition or prior to the date possession is obtained by the department to ensure that it will not be rented to subsequent occupants. Neither procedure will be considered routine and will be used only in those cases where it is clearly in the department's best interest to do so. <br /> <br /> '''(b) Last Resort Housing Plan'''<br /> <br /> All last resort RHPs must be approved in advance by the district Right of Way Manager.<br /> <br /> '''(c) Additional Information Relating to Last Resort Payments'''<br /> <br /> :'''1'''. All types of last resort housing payments will be properly coded on relocation payrolls to the appropriate activity, object and sub-object codes.<br /> <br /> :'''2'''. If any part of a RHP is last resort, the entire payment will be last resort. There is no instance when only the portion of a payment that exceeds the maximum dollar limitation is &quot;charged&quot; to last resort.<br /> <br /> :'''3'''. Once approved for last resort, the payment will be properly coded for “last resort” payment even though the actual payment does not exceed the maximum payment limitation as originally anticipated.<br /> <br /> :'''4'''. Any RHP to a relocatee with less than 90 days occupancy will be considered a last resort payment.<br /> <br /> :'''5'''. Relocatees cannot be forced to accept the replacement made available under last resort, without their written consent, in lieu of any acquisition '''or''' relocation payment for which they are otherwise eligible.<br /> <br /> :'''6'''. The department's obligation to ensure that a comparable DS&amp;S replacement dwelling is available shall be met when a dwelling, or assistance necessary to provide a dwelling, is offered under the Last Resort Program.<br /> <br /> Do not hesitate to request advice and/or assistance from the Right of Way Section when the necessity for a last resort housing payment is experienced.<br /> <br /> ==236.8.14 Relocation Assistance Program - Possession Policies and Vacancy Notices==<br /> <br /> ===236.8.14.1 General Information===<br /> <br /> '''(a) Owner-Occupants'''<br /> <br /> :'''(1) Acquired Through Negotiated Settlement'''<br /> <br /> :Owner-occupants can retain possession of improved properties acquired from them through negotiated settlement for a 90-day period after the right of way payment is made to them or their Escrow Agent. If the parcel is vacated prior to the end of the 90-day possession period, possession will be taken by the department immediately after vacancy. This policy applies to residential units, businesses and/or farm buildings and those owned by nonprofit organizations.<br /> <br /> :When unimproved and/or vacant property is acquired by negotiated settlement, both title and possession pass to the department at the time the owners or their Escrow Agent is paid for the right of way involved.<br /> <br /> :'''(2) Acquired by Condemnation'''<br /> <br /> :Owner-occupants of improved property acquired by condemnation shall be granted 30 days' possession after they are provided a &quot;Notice to Vacate&quot; by the department. The &quot;Notice to Vacate&quot; will be mailed immediately after the owners' condemnation commissioners' award is paid into court. '''However, any displaced owner-occupant of a principal place of residence shall have one hundred days from the date the commissioners’ report is filed with the court'''.<br /> <br /> :If unimproved and/or vacant property is acquired through condemnation, the department is entitled to possession ten days after the condemnation commissioners' award is paid into court unless the court grants the property owners additional time to deliver possession.<br /> <br /> '''(b) Owner-Non-occupants'''<br /> <br /> The possession periods and the possession policies established in the preceding paragraphs also apply for owners of occupied properties who do not themselves occupy the subject parcel.<br /> <br /> If tenants occupy the subject property, the owners are entitled to any rental fees during the possession period. Rentals are to be paid directly to owners by the tenants and such owners are responsible for any building or utility repairs and/or maintenance that becomes necessary during that period.<br /> <br /> The department will take immediate possession of tenant-occupied property that is vacated prior to the end of the authorized vacancy period '''unless''' there are items of personal property or unharvested garden products remaining on the subject parcel after the tenants have moved. If these items remain on the property, it will be necessary, prior to the district taking possession, for both the property owners and the former tenants to agree in writing that the property has been vacated and that they claim no further interest or occupancy rights in it. The district can prepare a letter, addressed to the department, for the owners and tenants to sign which clarifies this point. (If the owners were granted a salvage removal period, possession cannot be taken by the department until the possession period has expired or until the salvage has been removed, whichever occurs first).<br /> <br /> Owners can, if they so desire, elect to surrender immediate possession of the subject property, in which case, they shall not be entitled to rental fees paid after the possession date and will not be responsible for building maintenance and repairs after that date.<br /> <br /> '''(c) Tenants'''<br /> <br /> Tenants will be responsible to the owners for rental fees due and payable during the owners' authorized possession period and to the department if they continue to occupy the property after the end of the owners' authorized possession period.<br /> <br /> No tenant, or owner-occupant, may be forced by the department to vacate an improved property without being provided at least 90-days written notice of the required vacancy date. '''However, any displaced owner-occupant of a principal place of residence acquired by condemnation shall have one hundred (100) days possession from the date the commissioners’ report is filed with the court'''. If the property owners elect not to retain possession of the property for the 90-day possession period as discussed, the tenants will be advised in writing to submit their rental payments to the district office. Under this circumstance, an Extension of Possession Agreement will not be required to cover the period between the time the owners' possession terminates and the vacancy date set out in the tenants' 90-day vacancy notice '''but''' will be required if the tenants retain possession after the vacancy date specified in their 90-day vacancy notice. Transmit rental payments collected under this condition to the Right of Way Section and explain the circumstances involved.<br /> <br /> Landlords normally have the right to require tenants to vacate right of way parcels during their authorized possession period. This action is strictly between the owners and tenants and department personnel must not become involved. Department personnel will not in any way be held responsible for actions taken by the landlord.<br /> <br /> '''(d) Decent, Safe and Sanitary Residential Replacement Property Must Be Available'''<br /> <br /> :'''(1) Owner-Occupants and Tenants With 90 Days Prior Occupancy'''<br /> <br /> :Residential owner-occupants and residential tenants who were in occupancy of the dwelling unit from which they are being displaced for at least 90 consecutive days prior to the initiation of negotiations for the subject parcel must not be forced by the department to vacate until a comparable or better DS&amp;S replacement unit is made available to them.<br /> <br /> :Every effort must be made to enable relocatees to select the option they desire in obtaining their replacement, however, relocatees cannot refuse to vacate the subject parcel if replacement housing that meets the previously discussed criterion is available to them even though they preferred to change their status from owners to tenants or vice versa.<br /> <br /> :'''(2) Owner-Occupants and Tenants With Less Than 90 Days Prior Occupancy and Subsequent Occupants'''<br /> <br /> :[[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(c)(2) and (3)]], and [[236.8 Relocation Assistance Program#236.8.6.1 Payment Eligibility|EPG 236.8.6.1(b)]], explain the department's obligation to provide replacement housing for residential subsequent occupants who were not in occupancy at the initiation of negotiations but who were in occupancy at the time the subject dwelling was acquired by the department.<br /> <br /> :These occupants cannot be forced to vacate by the department until the required replacement housing has been made available to them.<br /> <br /> :'''(3) Residential Occupants Who Are Not in Legal Occupancy of Subject''' <br /> <br /> :The department normally has no obligation to provide replacement housing for non-legal occupants of residential housing.<br /> <br /> :Advise the Right of Way Section when non-legal occupants are encountered.<br /> <br /> '''(e) Evictions and Forced Vacancies'''<br /> <br /> The Chief Counsels Office shall handle all evictions and actions required to force delivery of possession. When this need arises, contact the regional counsel, or if none is available, Chief Counsels Office.<br /> <br /> '''(f) Partial Displacements'''<br /> <br /> Possession policies discussed in the preceding paragraphs (a), (b), (c) and (e), also apply when partial displacements are involved. See the definition of &quot;partial displacement&quot; in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(e)]].<br /> <br /> '''(g) Displacements Created by Landlocking Parcels'''<br /> <br /> Owners and tenants who are displaced due to their improvements and/or personal property being located on land that is being landlocked due to an acquisition must be notified at least 90 days before their access is removed.<br /> <br /> The applicable vacancy notices discussed in following [[236.8 Relocation Assistance Program#236.8.14.2 Notice to Vacate|EPG 236.8.14.2]], can be used in providing the notice '''except''' that some of the wording must be changed to fit the situation.<br /> <br /> ===236.8.14.2 Notice to Vacate===<br /> <br /> '''(a) General Information'''<br /> <br /> All vacancy notices provided to relocatees by the department, with the exception of the advanced vacancy notice discussed in EPG 236.8.14.2(d)1(a), must give a specific vacancy date.<br /> <br /> If vacancy dates are extended, the relocatees must be advised in writing. The relocatees' &quot;Extension Notice&quot; must provide a new vacancy date.<br /> <br /> Vacancy notices are not required if occupants move of their own volition prior to the time the department issues 90-Day notices.<br /> <br /> Only the vacancy notices provided herein are to be used and they must not be changed or altered except as specifically authorized in this section of the manual without prior approval by the Right of Way Section. All vacancy notices should be sent by certified mail or hand delivered.<br /> <br /> The notices discussed in the following subparagraphs apply regardless of whether the displacement involves an individual, family, business, farm operation or nonprofit organization.<br /> <br /> '''(b) Owners - Negotiated Settlements'''<br /> <br /> Right of Way Escrow Agreements will be used in all cases when improved properties are acquired from owners through negotiated settlement. The displaced owners will execute the approved Escrow Agreement discussed in [[236.7 Negotiation#236.7.4.2 Escrow Agreements|EPG 236.7.4.2 Escrow Agreements]]. It specifies that owners agree to vacate the subject property and deliver peaceable possession thereof to the department within a specified period.<br /> <br /> When a right of way Escrow Agreement is used, the property owners must be advised by certified mail when their right of way payment is delivered to the escrow agent and the date that vacancy or possession is required.<br /> <br /> When partial displacements are involved, and an escrow agent is not used, provide the owners with an [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Vacancy%20Notice%20Negotiated%20Stmt%20Partial%20Disp%20Form%20236.8.14.2.B.docx RA Form 236.8.14.2(b)] as soon as they receive the right of way payment.<br /> <br /> '''NOTE''': A review of the Negotiator's Report or, if used, the optional Acquisition Statement [http://eprojects/Templates/RW/Chapter%208_Relocation/Acquisition%20Statement%20Form%20236.8.5.8.B.pdf RA Form 236.8.5.8(b)], will reveal whether or not an Escrow Agreement was used in the acquisition of the subject parcel.<br /> <br /> '''(c) Tenants - Negotiated Settlements'''<br /> <br /> :'''(1) Total Displacements ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Vacancy%20Notice%20Negotiated%20Settlement%20Total%20Displ%20Tenants%20Form%20236.8.14.2.C.1.docx RA Form 236.8.14.2(c)1])'''<br /> <br /> :RA Form 236.8.14.2(c)1 is to be used in providing vacancy notices to tenants who are totally displaced by an acquisition.<br /> <br /> :In the second paragraph show the mailing address of the subject right of way parcel regardless of whether it is urban or rural property.<br /> <br /> :The vacancy date will be the last day of the 90-day period discussed in [[236.8 Relocation Assistance Program#236.8.14.1 General Information|EPG 236.8.14.1(a)1]].<br /> <br /> :The vacancy notice must be mailed (certified) to the tenant immediately after the right of way consideration is paid to the property owners or to their Escrow Agent.<br /> <br /> :Retain a dated copy of the notice for the unit file.<br /> <br /> :'''(2) Partial Displacements'''<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Vacancy%20Notice%20Negotiated%20Stmt%20Partial%20Disp%20Form%20236.8.14.2.B.docx RA Form 236.8.14.2(b)], which has been previously discussed in EPG 236.8.14.2(b), is also applicable for use when a tenant is involved in a partial displacement negotiated settlement.<br /> <br /> :In this case, the name of the property owners from whom the right of way was acquired must be inserted in the first space in the second paragraph of the form.<br /> <br /> :The form will be mailed (certified) to the tenant immediately after the owners or their Escrow Agent is paid the negotiated right of way consideration.<br /> <br /> '''(d) Owner-Occupants and/or Tenants - Condemnation'''<br /> <br /> :'''(1) Total Displacements'''<br /> <br /> ::'''(a) First Vacancy Notice – Owner-Occupants (not displaced from their principal place of residence)/Tenants ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20-%20Cond%20Tot%20Displ%20Tenant%20and%20owner%20Form_236.8.14.2.D.1A.docx RA Form 236.8.14.2(d)1(a))])'''<br /> <br /> ::Displaced owner-occupants (not displaced from their primary place of residence) and tenants who are totally displaced must be provided two separate vacancy notices when the property they occupy is being acquired through condemnation.<br /> <br /> ::The first notice must be mailed (certified) to the '''Owner-Occupants (not displaced from their principal place of residence)''' tenants as soon as a condemnation petition covering the subject property has been filed in court.<br /> <br /> ::RA Form 236.8.14.2(d)1(a) must be used in providing this first vacancy notice.<br /> <br /> ::Address two copies of RA Form 236.8.14.2(d)1(a) to the property owners or tenants and mail the originals to the tenants.<br /> <br /> ::'''(b) Final Vacancy Notice Owner-Occupants (not displaced from their principal place of residence)/Tenants ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Cond%20Total%20Disp%20Form%20236.8.14.2.D.1.B.docx RA Form 236.8.14.2(d)1(b)])'''<br /> <br /> ::The final notice must be mailed (certified) to the '''Owner-Occupants (not displaced from their principal place of residence)''' and tenants as soon as the condemnation commissioners' award covering the subject property is paid into court.<br /> <br /> ::The vacancy date to be quoted in this notice should normally be the 30th day after the anticipated date that the relocatees will receive the notice. The vacancy date in the &quot;Final Vacancy Notice&quot; should never be sooner than 90 days after the date that the &quot;First Vacancy Notice&quot; was provided to the relocatees. Follow the same steps discussed in preceding subparagraph (a) in providing this notice to the relocatees.<br /> <br /> ::Should the property owners change their minds after the first notice was mailed and settle without the necessity of condemnation, the instructions and information previously provided relating to negotiated settlements will generally apply. However, since the owner has been provided a vacancy notice giving at least 90 days, the normal procedure of giving 90 days from the date of payment is not applicable. The Escrow Agreement should be modified to recite that the previous 90 days' notice is still in effect. A 30-day notice should be given when the right of way payment is delivered to the Escrow Agent. Should the settlement with the owner specify a full 90-day possession period, follow procedures outlined in normal negotiated settlements. This full 90-day period after payment would be considered an administrative settlement and normally require division approval. Prior to making this type of settlement, full consideration must be given to the letting date for the project.<br /> <br /> ::If tenants are involved, they should be sent a vacancy notice ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Vacancy%20Notice%20Negotiated%20Settlement%20Total%20Displ%20Tenants%20Form%20236.8.14.2.C.1.docx RA Form 236.8.14.2(c)(1)]).<br /> <br /> ::'''(c) Final (ONLY) Vacancy Notice – Condemnation-Owner Occupants - Displaced from primary place of residence ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Condemnation%20Total%20Form%20236.8.14.2.D.1.C.docx RA Form 236.8.14.2(d)1(c)])'''<br /> <br /> ::The final and only vacancy notice (Form 236.8.14.2(d)1(c)) must be mailed (certified) to the owner occupants as soon as the '''condemnation commissioners' report is filed with the court'''. This is the only vacancy notice that will need to be sent to an owner occupant displaced from their primary place of residence. This vacancy notice will allow the displacee 100 days of possession from the date the commissioner’s report is filed with the court.<br /> <br /> :'''(2) Partial Displacements'''<br /> <br /> ::'''(a) First Vacancy Notice ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Condemnation%20partial%20discplacement%20Form%20236.8.14.2.D.2.A.docx RA Form 236.8.14.2(d)2(a)])'''<br /> <br /> ::Displaced owner-occupants, owners who are non-occupants and tenants who are involved in a partial displacement subject condemned must be provided two vacancy notices in the same manner as when a total displacement is involved as discussed in the two preceding subparagraphs. The instructions provided in those paragraphs therefore apply in this situation.<br /> <br /> ::The first notice must be provided on RA Form 236.8.14.2(d)2(a).<br /> <br /> ::'''(b) Final Vacancy Notice ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Condemnation%20Form%20236.8.14.2.D.2.B.docx RA Form 236.8.14.2(d)2(b)])'''<br /> <br /> ::This procedure and instructions provided in EPG 236.8.14.2(d)(1)(b) also apply in this situation except that RA Form 236.8.14.2(d)2(b) will be used in providing the final notice to the relocatees.<br /> <br /> ::'''(c) Multi-Unit Buildings or Property'''<br /> <br /> ::When multi-unit buildings or properties are involved, each separate individual and/or family must be provided separate vacancy notices.<br /> <br /> ::'''(d) Multi-Occupancy - Same Single-Family Dwelling Unit'''<br /> <br /> ::Send a separate vacancy notice to each separate individual and/or family involved.<br /> <br /> ::'''(e) Non-Occupant Owners - Partial Displacements'''<br /> <br /> ::It is possible for owners who do not actually reside on the subject to become involved in a partial displacement by owning personal property located thereon.<br /> <br /> ::If a negotiated settlement is involved, follow the instructions provided in preceding EPG 236.8.14.2(b), and use the vacancy notice bearing the same number.<br /> <br /> ::If condemnation is required to obtain the right of way parcel, follow the instructions provided in EPG 236.8.14.2(d)(2)(a), and (b).<br /> <br /> ::'''(h) Displacement Necessitated Because Mobile Home Park Discontinued Due to Severity of Right of Way Acquisition ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Notice%20Tenants%20not%20within%20RW%20taking%20mobile%20home%20park%20deiscontinued%20Form%20236.8.14.2.H.docx RA Form 236.8.15.4(h)])'''<br /> <br /> ::'''If''' the department agrees that the owners of a mobile home park are '''justified''' in discontinuing their entire mobile home park operation due to the severity of a right of way acquisition and '''if''' the owners have announced their intentions to discontinue the operation, their tenants who are located on the remainder should be provided a copy of RA Form 236.8.14.2(h) at the time routine vacancy notices are provided to the mobile home tenants who are located within the right of way acquisition. If any of the tenants involved have not been previously contacted concerning the Relocation Program, the notices should be delivered in person by the assigned Relocation Agent. The agent must explain the Relocation Program to the tenants involved and advise them (1) that they will not be eligible for relocation assistance and payments if the mobile home park is still in operation one year after the department takes possession of the portion of the park that was acquired as right of way, (2) that they should not move from the property prematurely, and (3) that no relocation payments will be made unless and until the mobile home park operation has been completely discontinued at the subject site and they have moved from the property.<br /> <br /> ==236.8.15 Relocation Assistance Program - Appeals==<br /> <br /> ===236.8.15.1 Appeals of Offers and/or Ineligibility Decisions===<br /> <br /> The following actions are to be taken when relocatees are dissatisfied with the amount of any type of relocation offer or dissatisfied with a department decision that they are not eligible for a relocation payment.<br /> <br /> '''Step 1''': The relocation agent who made the offer, or who advised the relocatees of their ineligibility for payment, shall make a sincere effort to explain how the offer was computed and the facts on which it was based or why the relocatees are not eligible for a requested payment.<br /> <br /> If the payment has been properly computed and supported, as discussed in the preceding sections, or if the original ineligibility decision was correct, based on specific requirements outlined in this manual, the relocation agent should be able to convince the relocatees that department offers and decisions are fair, reasonable and in compliance with approved state and federal relocation policies.<br /> <br /> '''Step 2''': If the relocatees do not accept the relocation agent's explanation and still express dissatisfaction, they should be reminded of their right to appeal the offer or ineligibility decision to the district Right of Way Manager for administrative review.<br /> <br /> If they elect to do so, they must request the review in writing to the district office. No particular form is required in making this request, a simple letter will suffice. This request for review must be received within six months from the date the relocatee was notified in writing of ineligibility. After that date, no further appeal or administrative review action is available to the relocatee.<br /> <br /> '''Step 3''': Upon receipt of a request for administrative review the district Right of Way Manager shall review the records and documentation in the subject's unit file, discuss the original offer or ineligibility decision with the members of his/her staff who had a part in formulating it, inspect available replacement properties, when applicable, and take whatever additional action necessary to enable him or her to arrive at a decision concerning the accuracy of the subject offer or ineligibility decision.<br /> <br /> If the district Right of Way Manager concludes that the original offer is fair, reasonable and adequately supported or, if applicable, that the ineligibility decision is well founded and correct, he or she shall notify the relocatees and explain his/her decision and the basis for it. If the amount of the relocation offer is in dispute, the district Right of Way Manager must explain to the relocatees that they still have the right to file a claim for the amount they feel is accurate after they qualify for the type payment involved; and that, if the claim is rejected, they shall have the right to file a formal appeal as discussed in the Relocation Brochure. If an ineligibility decision is involved, the relocatees can still file a claim and formally appeal its rejection. The district Right of Way Manager must prepare and sign a memo for the file explaining the actions taken in conducting the review, his or her decision and the reason upon which it was based.<br /> <br /> If, however, the district Right of Way Manager concludes that the offer is not adequate, or that the ineligibility decision was in error, a memo shall be prepared for the file that explains the actions taken in conducting the review, the decision and the basis for it. If an offer is involved, which he or she finds was inadequate, it must be recomputed. The new offer computations must be attached to and made a part of the (district Right of Way Managers) memo, together with whatever other documentation is necessary to justify the revised offer and the necessity for it.<br /> <br /> The original relocation agent should re-contact the relocatees unless a conflict of personalities is involved between the agent and relocatees. If so, another relocation agent can be assigned or the district Right of Way Manager can make the contact and make the new offer or advise them of the change in their eligibility status. Revised offers must be in writing.<br /> <br /> Should the relocatees still not be satisfied with the revised offer, they should be reminded of their right to claim the amount they feel is correct and formally appeal if the claim is rejected.<br /> <br /> '''NOTE''': Relocatees who are reminded of their right to file a formal appeal, as required in the preceding paragraphs, should be advised that the Appeal Board is not bound by previous relocation offers and that the Board's findings, after considering all evidence presented by both the relocatees and the Missouri Department of Transportation, could result in reduced relocation payments.<br /> <br /> ===236.8.15.2 Notice of Claim Rejection ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Notice%20of%20Claim%20Rejection%20Form%20236.8.15.2.docx RA Form 236.8.15.2)]===<br /> <br /> Claims which are not in dispute, but which cannot be currently approved because they have been submitted prior to the time the relocatee has met the necessary payment eligibility requirements, can be held in abeyance in the district office until the requirements have been complied with and then processed for payment. Claims of this type should '''not''' be rejected and the instructions in this section do not apply. The claimant, in this type situation, should be advised by letter that the claim is being held in abeyance and why.<br /> <br /> Claims for disputed and/or unacceptable RHP which are submitted before the department has acquired the subject property must also be held in abeyance and neither approved or rejected until such property has been acquired. The claimants in this situation should be advised by letter that their claim is being held in abeyance and why, because the claim cannot be approved for payment until the subject property has been acquired.<br /> <br /> In every instance when a claim containing an amount that is unacceptable or one received from an ineligible relocatee is rejected, a Form RA 236.8.15.2 (Notice of Claim Rejection) must be prepared and delivered to the relocatees. This action should be taken within ten days after receipt of the claim, or when a premature disputed claim is involved, as discussed above, within ten days after the subject has been acquired by the department.<br /> <br /> If an administrative review has been previously conducted regarding the subject claim, the RA Form 236.8.15.2 can be mailed to the relocatees using certified mail with return receipt requested.<br /> <br /> If an administrative review has not been conducted, the assigned relocation agent shall deliver RA Form 236.8.15.2 in person, if possible, to explain the reason for the claim rejection. If not possible, it can be forwarded by certified mail.<br /> <br /> The date that the &quot;Notice of Claim Rejection&quot; [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Notice%20of%20Claim%20Rejection%20Form%20236.8.15.2.docx (RA Form 236.8.15.2)] is presented to the claimant is critical as the 60-day period for filing a request for a formal appeal hearing begins at the time the notice is delivered. To establish an exact record of this action, the Relocation Agent who delivers the notice to the claimant, if it is hand delivered, must note on the bottom of the file copy the date, hour, place and to whom it was delivered. If the notice was mailed to the claimant, attach a copy of the delivery receipt to the file copy of the form.<br /> <br /> If mathematical errors, omissions or other simple mistakes are noted in the claim, merely return it to the claimant for correction without the use of an RA Form 236.8.15.2.<br /> <br /> If a claim is rejected because the relocatees moved to non DS&amp;S replacement housing, the Notice of Claim Rejection should advise that they can resubmit a claim if they move to and occupy a dwelling unit that meets DS&amp;S standards or, if they correct the DS&amp;S deficiencies in their existing replacement dwelling within the one-year time period allowed for purchasing/renting DS&amp;S replacement housing.<br /> <br /> ===236.8.15.3 Appeals of Claims===<br /> <br /> '''(a) Preparation and Submission of Disputed Claims'''<br /> <br /> In all cases a written claim must be filed by the relocatee and rejected by the department before a formal appeal is in order.<br /> <br /> When relocatees desire to file claims for amounts that cannot be justified by the district, they must be permitted to do so and encouraged to use the applicable department claim form even though it is obvious that the claim will be rejected.<br /> <br /> If the dispute concerns the relocatees' eligibility for payment, the payment amount may or may not have been computed by the department depending on the circumstances. If the amount that would have been due, had the relocatees been eligible for payment, has been computed, a department claim form can be completed and filed by the relocatees in the routine manner. If the amount has not been computed by the department because the relocatees were ineligible, all portions of the claim form must be completed in the routine manner '''except''' the portion related to payment computations. This portion of the form &quot;should&quot; be marked &quot;void&quot; and the following notation made therein: &quot;See attached sheet showing relocatees' payment computations.&quot; The relocatees &quot;should&quot; attach a sheet to the claim which explains how they arrived at the amount they are claiming. Relocatees cannot be forced to attach a computation sheet and/or explanation if they elect not to do so.<br /> <br /> If relocatees refuse to use a department claim form, they can submit a written claim in any manner they desire and the rejection thereof by the department will place them in position to file a formal appeal. Claims '''cannot''' be approved for payment unless they are submitted on the department's standard relocation claim forms.<br /> <br /> '''(b) Request for Appeal Hearing ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Request%20for%20Appeal%20Hearing%20Form%20236.8.15.3.docx RA Form 236.8.15.3])'''<br /> <br /> Any person dissatisfied by the rejection of a relocation payment claim has the right to file a written request for an appeal hearing with the district office in which the rejection occurred within 60 days after having been advised of the claim rejection. Submission of a relocation claim by a relocatee and payment thereof by the department prohibits either party from later disputing the amount of such payment and from appealing any decision related to the payment involved.<br /> <br /> Request for appeal hearings should be on a form furnished by the department for the purpose of the appeal (RA Form 236.8.15.3, Request for Appeal Hearing), but any notice in writing received by said district office indicating the nature of the complaint and desire for appeal shall be considered a valid notice.<br /> <br /> RA Form 236.8.15.3 is to be provided by the department for use by dissatisfied claimants in filing requests for appeal hearings. The form is considered to be self-explanatory. Be sure that an address to which notice of hearing is to be sent is provided by the claimant.<br /> <br /> Copies of all completed and executed &quot;Requests for Appeal Hearings,&quot; received in the district office are to be forwarded immediately to the Right of Way Section. The Right of Way Section will provide the Chief Counsel a copy of the relocatees' rejected claim, a copy of the appropriate Notice of Claim Rejection and a copy of the postal return receipt showing when the Notice of Claim Rejection was received by the relocatee.<br /> <br /> Should a request be received in the district office more than 60 days after the claimant had been notified that his/her claim was rejected, forward copies to the Right of Way Section with a letter of transmittal specifically pointing out the fact that it was received after the 60 day deadline.<br /> <br /> '''(c) Hearing'''<br /> <br /> Upon receipt of a copy of a &quot;Request for Appeal Hearing&quot; the Chief Counsel will designate an assistant counsel to hear the cause. Designated assistants shall notify the appellant by appropriate notice through registered or certified mail of the time and place fixed for the hearing which shall be reasonably convenient to claimant. The hearing examiner shall also notify the appropriate personnel in the Missouri Department of Transportation of the hearing. At the appointed time, the hearing will be called and conducted, in general, in accordance with Section 536.070, RSMo 1959. In the event the claimant or appellant does not appear after a delay of 30 minutes from the appointed time, the department will proceed with its evidence concerning the issues involved.<br /> <br /> If the claimants or their attorney request a continuance, the hearing examiner shall grant the same upon reasonable grounds to a day certain at which all parties will appear without further notice.<br /> <br /> A record must be made of all proceedings either by a recording device or by a qualified reporter. The hearing examiner shall use facilities or qualified personnel of the Missouri Department of Transportation for the transcription of proceedings, if available, but otherwise may employ qualified reporters.<br /> <br /> The hearing shall continue from day to day or as continued by the hearing examiner until all evidence is introduced.<br /> <br /> '''(d) Preparation of Evidence'''<br /> <br /> It is the district's responsibility to assemble adequate evidence to prove during the appeal hearing that the department's decision is correct.<br /> <br /> '''NOTE''': Relocatees who are not satisfied with the Appeal Board's decision can further appeal to the courts for final determination. Should this occur the courts will base their decisions solely on the &quot;Transcript of Evidence&quot; which is the written record of the testimony and evidence presented by both sides at the appeal hearing. It is therefore imperative that department personnel present a thorough and complete case during the appeal hearing and thereby perfect a conclusive record to prove that the department's determination was correct and well-founded. Photographs of the subject property and potential replacement properties should be made a part of the transcript when applicable.<br /> <br /> '''NOTE''': The department must permit a relocatee to inspect and copy all materials pertinent to his/her appeal except materials that are classified as confidential. The department can, however, impose reasonable conditions on the relocatees right to inspect and copy district records. Seek advice from the Right of Way Section when relocatees request permission to inspect and/or copy relocation records.<br /> <br /> '''(e) Transcript of Evidence'''<br /> <br /> If employees of the department are available and are used to transcribe testimony, the department will furnish to the appellant one copy of the transcript of proceedings without charge. If a reporter is employed, the claimant or appellant must make his/her own arrangements for a copy of the transcript including the expense thereof. All exhibits will be reproduced, if possible, through the use of facilities of the department by direction of the hearing examiner, in the interest of economy. The hearing examiner will cause to be reproduced four copies of the transcript - one shall be retained by him/her and three copies shall be forwarded to the central office at Jefferson City for use of the Appeal Board. The Appeal Board shall forward at least one copy to the Secretary to the Commission for a permanent record after the final order of the Appeal Board together with such order.<br /> <br /> '''(f) Subpoenas'''<br /> <br /> The hearing examiner shall, upon request of the claimant or his/her counsel or counsel for the Missouri Highways and Transportation Commission, issue subpoenas as authorized by Section 536.077, RSMo. 1959. A witness shall be entitled to tender of fees for travel and time as in civil cases, and enforcement of subpoenas shall be through application to a judge of the circuit court in the county in which the hearing is to be conducted or the circuit judge of the county in which the witness may be found. All requests for subpoenas shall be forwarded to the hearing examiner so that they may be issued by him/her and returned to the party involved for service at least 48 hours prior to the time fixed for the hearing. The responsibility for service of the subpoenas shall be that of the party requesting the issuance.<br /> <br /> '''(g) Proposed Order of Hearing Examiner'''<br /> <br /> The hearing examiner shall promptly after receiving the transcript and in any event within 30 days transmit his/her recommendations for proper order in the cause, together with supporting excerpts from the transcript and citations as to any applicable law, to the Appeal Board that shall promptly be convened to determine the cause.<br /> <br /> '''(h) Appeal Board'''<br /> <br /> Final authority, within the department, to hear and determine the cause involved shall be vested in an Appeal Board which shall consist of the Chief Engineer or a designated assistant, the Chief Counsel or a designated assistant, and the Asst. to the State Design Engineer - Right of Way or a designated assistant. The Chief Engineer or their representative shall serve as Chairperson of the Appeal Board. Each member shall have one vote. In the event the board shall, for cause, determine that additional evidence is necessary, it shall advise the parties and set a time for hearing same in the Missouri Highways and Transportation Commission Building at Jefferson City, Missouri, after at least five-day notice to the parties. Each member of the Board shall read the transcript or the recommended order of the hearing examiner and excerpts from the record and briefs or arguments submitted by the parties. The Appeal Board may thereupon adopt the recommendation of the hearing examiner as the final order or may, by majority vote, enter its own order. The Chairperson of the Appeal Board shall immediately thereafter forward to the parties involved to the claimant at his/her address as reflected by the transcript and to his/her counsel at his address as reflected by the transcript, a copy of the order entered by said Appeal Board, the original order being filed with the Secretary to the Commission.<br /> <br /> '''(i) Payment Procedure'''<br /> <br /> The Financial Services Division is directed to pay the amounts fixed by order of the Appeal Board or court when applicable in the same manner as judgments of courts of record are paid in right of way acquisition. Payments for transcripts or for reproduction of exhibits shall be charged as incidental costs.<br /> <br /> ==236.8.16 Relocation Assistance Program - Functional Replacement==<br /> <br /> ===236.8.16.1 Functional Replacement===<br /> <br /> MoDOT can incur costs for the functional replacement of real property in public ownership. The Functional Replacement program really amounts to an administrative settlement where recognition is given to the situation where cash compensation may be insufficient to restore the status quo as the result of acquiring a public facility such as a school, police or fire station, or local park. In a sense it is similar to a Last Resort Housing concept but is applied to publicly owned properties.<br /> <br /> Functional Replacement is defined as the replacement of real property, either lands or facilities, or both, acquired as a result of a highway or highway related project with lands or facilities, or both, which will provide equivalent utility.<br /> <br /> Functional Replacement is eligible for federal participation. The following procedure guidance will address the process for completing functional replacement actions with and without federal participation in the cost of the functional replacement. <br /> <br /> For application of this policy it is necessary that:<br /> :'''1'''. The property to be functionally replaced is in public ownership.<br /> :'''2'''. The Asst. to the State Design Engineer - Right of Way has concurred that functional replacement is in the best public interest, and has granted authorization to proceed on such basis prior to incurrence of costs.<br /> :'''3'''. The functional replacement actually takes place and the costs of replacement are actually incurred.<br /> :'''4'''. Replacement sites and construction are in compliance with existing codes, laws and zoning regulations for the area in which the facility is located.<br /> :'''5'''. The replacement facility will be in public ownership and will continue the public use function of the acquired facility.<br /> :'''6'''. The FHWA concurs in the MoDOT determination that functional replacement is in the public interest.<br /> :'''7'''. The real property is not owned by a utility or railroad.<br /> :'''8'''. MoDOT has informed the agency owning the property of its right to an estimate of just compensation based on an appraisal of fair market value and of the option to choose either just compensation or functional replacement.<br /> <br /> State and Federal funds have limits upon participation in functional replacement costs on the following basis: <br /> :'''1'''. The actual functional replacement cost of the facilities required to be replaced, and<br /> :'''2'''. The appraised current fair market value of the land to be acquired when the owning agency has land on which to relocate the facilities, or the reasonable costs of acquiring a functionally equivalent substitute site where lands in the same public ownership are not available or suitable.<br /> <br /> Costs of increases in capacity and other betterments are not eligible for payment under this procedure, except those necessary to replace utility; those required by existing codes, laws, and zoning regulations; and those related to reasonable prevailing standards for the type of facility being replaced.<br /> <br /> '''Procedures'''<br /> <br /> During the early stages of project development MoDOT officials should meet with the owning agency to discuss the effect of a possible acquisition and potential application of functional replacement procedures. The results of discussions and decisions concerning functional replacement should be included in negative declarations and environmental impact and section 4(f) statements if required on a project. The importance of early coordination with the owning agency cannot be overstressed. <br /> <br /> '''Stage #1: MoDOT/FHWA Preliminary Approval of District Functional Replacement Request'''<br /> <br /> If the owning agency desires functional replacement, it should initiate a formal request to MoDOT (the district Right of Way Manager). The owning agency’s request should include an explanation of the basis for its request and cost estimate data relative to contemplated solutions. The district Right of Way Manager should forward the request to the Asst. to the State Design Engineer - Right of Way along with a recommendation.<br /> <br /> If the Asst. to the State Design Engineer - Right of Way agrees that functional replacement is necessary and in the public interest, and State only funds are being utilized, the district will be authorized to proceed with the acquisition of a replacement site if replacement site land in the same public ownership is not available. The district should at this time also authorize the owning agency to proceed with the development of detailed plans, specifications, and estimates and together with the owning agency formulate a final draft functional replacement agreement to be executed by the project sponsor and owning agency. The agreement must include the following:<br /> <br /> :'''1'''. Language that sets forth the rights, obligations and duties of each party with regard to the facility being acquired, the acquisition of the replacement site, and the construction of the replacement facility.<br /> <br /> :'''2'''. Language that specifies that if replacement site land in the same public ownership is not available, the project sponsor agency (MoDOT/LPA) will acquire a replacement site in accordance with the Uniform Act.<br /> <br /> :'''3'''. Language that sets forth how the costs of the new facility are to be shared between the parties.<br /> <br /> :'''4'''. Provisions for the project sponsor’s inspection during construction of the replacement facility.<br /> <br /> :'''5'''. Language that authorizes payment of funds for construction of improvements into an escrow account and specify that progress payments will be made during the course of construction upon presentation of invoices, and a statement signed by an appropriate official for the owning agency that certifies the costs have actually been incurred.<br /> <br /> :'''6'''. Where major improvements are involved, language that specifies the procedures to be used for advertising for bids and letting of contract to construct the replacement facility. The owning agency may follow the general procedures utilized by the owning agency, if accepted by MoDOT.<br /> <br /> In all funding cases, the final draft of the functional replacement agreement will need to be reviewed and approved by Chief Counsels Office prior to its execution. <br /> <br /> In the case of federal participation in the actual cost of the functional replacement, the Asst. to the State Design Engineer - Right of Way must submit a request for FHWA concurrence. This request should include:<br /> <br /> :'''1'''. an explanation of the basis for request <br /> :'''2'''. cost estimate data relative to contemplated solutions <br /> :'''3'''. documentation of preliminary agreements reached at meetings between the project sponsor and the owning agency <br /> :'''4'''. statement that replacement property will be acquired in accordance with provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.<br /> <br /> The Asst. to the State Design Engineer - Right of Way will not authorize the district to proceed with the functional replacement until the Right of Way Section has received FHWA’s concurrence in the functional replacement.<br /> <br /> Following the District’s receipt of the Right of Way Section’s authorization to proceed, the project sponsor must complete a detailed analysis (separate from appraisal) of the existing public facility for the information’s later use in effectively completing a comparison of the proposed functional replacement structure with the existing facility.<br /> <br /> '''Stage #2: MoDOT /FHWA Authorization to Construct Replacement Facility'''<br /> <br /> The district must submit the owning agency’s final plans, specifications, and estimates (PS&amp;E) to the Right of Way Section for review and approval prior to the district authorizing the owning agency advertising for contractor bid proposals to construct the replacement facility. Betterments should be identified and accounted for separately. MoDOT will review the plans and validate the division between functional replacement and betterments. The owning agency is responsible for providing support documentation when proposing MoDOT or Federal funds to participate in cost of qualifying betterments. The PS&amp;E submittal must also include an executable (State funds only) or executed (Federal participation) functional replacement agreement between the project sponsor and the owning agency.<br /> <br /> In cases when there is no federal participation in the functional replacement, following the Right of Way Section’s review and approval of the PS&amp;E and functional replacement agreement, the district shall authorize the public entity to advertise and let the project to construct the replacement facility.<br /> <br /> In cases when there is federal participation in the actual cost of the functional replacement, the Right of Way Section must submit a request for construction authorization to Federal Highway Administration for their review and approval. This request must include a MoDOT approved:<br /> <br /> :'''1'''. Executed written agreement between the project sponsor and the owning agency.<br /> <br /> :'''2'''. Copy of plans, specifications, and estimates (PS&amp;E). <br /> <br /> :'''3'''. Statement identifying the procedures that owning agency will use to advertise for bids and let the contract. <br /> <br /> :'''4'''. In most cases the Right of Way Section will be submitting a request to modify the originally approved right of way authorization for the purpose of including the functional replacement action.<br /> <br /> A representative of the project sponsor agency (MoDOT/LPA) will be responsible for doing an on-site inspection and approving each invoice for payment by the escrow company.<br /> <br /> '''Stage #3: Closeout of Functional Replacement Acquisition:'''<br /> <br /> A certification statement that includes the following assurances will need to be signed by the project sponsor and the owning agency at the time of the owning agency’s request for final payment:<br /> <br /> :'''1'''. That the cost of replacement facility has actually been incurred in accordance with the provisions of the executed functional replacement agreement.<br /> <br /> :'''2'''. That the project sponsor and owning agency made a final inspection of the facility and that the project sponsor is released from any further responsibility.<br /> <br /> <br /> [[Category:236 Right of Way|236.08]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=236.8_Relocation_Assistance_Program&diff=51776 2022-08-23T20:22:50Z

<p>Hallej1: </p> <hr /> <div>{| style=&quot;padding:0.3em; margin-left:15px; border:1px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;320px&quot; align=&quot;right&quot;<br /> |-<br /> |'''Forms and Information'''<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/90-Day%20Owner-Occupant%20Home%20or%20Mobile%20Form%20236.8.3.3.B.docx 90-Day Owner-Occupant Conventional Home or Mobile Home (Form 236.8.3.3(b))]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%208_Relocation/Acquisition%20Statement%20Form%20236.8.5.8.B.pdf Acquisition Statement (Form 236.8.5.8(b))]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%208_Relocation/Actual%20Cost%20Self%20Moves%20Form%20236.8.6.8F.docx Actual Cost Self Moves (Form 236.8.6.8(f))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Advance%20Increased%20Interest%20Payment%20Agreement%20Form%20236.8.10.4.D.2.pdf Advance Increased Interest Payment Agreement (Form 236.8.10.4(d)(2))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Advance%20Replacement%20Housing%20and%20Increased%20Interest%20Pmt%20Agreement%20Form%20236.8.10.4.D.1.pdf Advance Replacement Housing and Increased Interest Payment Agreement (Form 236.8.10.4(d)(1))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation (Form 6.4.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Business%20or%20Farm%20Operation%20Fixed-Payment%20Claim%20Form%20236.8.7.3.docx Business or Farm Operations Fixed-Payment Claim (Form 236.8.7.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Business%20Relocation%20Brochure.docx Business Relocation Brochure]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Certification%20Concerning%20Legal%20Residency%20in%20the%20USA%20Form%20236.8.4.2.A.pdf Certification Concerning Legal Residency in the United States (Form 236.8.4.2(a))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20other%20than%20Residential%20Property%20236.8.8.3.E.2.pdf Condemnation Agreement other than Residential Property (Form 236.8.8.3(e)(2))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20Residential%20Property%20Form%20236.8.8.3.E.1.pdf Condemnation Agreement Residential Property (Form 236.8.8.3(e)(1))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Decent%20Safe%20and%20Sanitary%20Inspection%20Report%20Form%20236.8.5.4.A.pdf Decent, Safe and Sanitary Inspection Report (Form 236.8.5.4(a)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Down%20Payment%20Claim%20Form%20236.8.12.5.pdf Down Payment Claim (Form 236.8.12.5)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Down%20Payment%20Escrow%20Agreement%20Form%20236.8.12.4.pdf Down Payment Escrow Agreement (Form 236.8.12.4(a))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%2090-Day%20Owner%20Mobil%20Home%20Replace%20Pmt%20Form%20236.8.3.3.A.1.docx Eligibility Notice 90-Day Owner-Occupant of Mobile Home Replacement Housing Payment (Form 236.8.3.3(a)(1))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%2090-Day%20Mobile%20Home%20Site%20Form%20236.8.3.3.A.2.docx Eligibility Notice 90-Day Owner-Occupant of Mobile Home Site (Form 236.8.3.3(a)(2))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Owner%20Occupant%20Form%20236.8.3.3.A.docx Eligibility Notice Owner-Occupant (Form 236.8.3.3(a))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Tenants%20and%20of%20Mobile%20Home%20Sites%20Form%20236.8.3.3.C.1.docx Eligibility Notice Tenants and Tenants of Mobile Home Sites (Form 236.8.3.3(c)(1))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Condemnation%20partial%20discplacement%20Form%20236.8.14.2.D.2.A.docx First Vacancy Notice - Condemnation, Partial Displacement Owner-Occupants, Owner-Non-Occupants and Tenants (Form 236.8.14.2(d)(2)(a))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Condemnation%20Form%20236.8.14.2.D.2.B.docx First Vacancy Notice - Condemnation, Partial Displacement Owner-Occupants, Owner-Non-Occupants and Tenants (Form 236.8.14.2(d)(2)(b))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Condemnation%20Total%20Form%20236.8.14.2.D.1.C.docx First Vacancy Notice - Condemnation, Total Displacement Owner-Occupants (Form 236.8.14.2(d)(1)(c))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20-%20Cond%20Tot%20Displ%20Tenant%20and%20owner%20Form_236.8.14.2.D.1A.docx First Vacancy Notice - Condemnation, Total Displacement Tenants and Owner-Occupants (Form 236.8.14.2(d)(1)(a))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Cond%20Total%20Disp%20Form%20236.8.14.2.D.1.B.docx First Vacancy Notice - Condemnation, Total Displacement Tenants and Owner-Occupants (Form 236.8.14.2(d)(1)(b))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Fixed%20Payment%20Moving%20Cost%20Claim%20Form%20236.8.6.8.D.pdf Fixed-Payment Moving Cost Claim (Form 236.8.6.8(d))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Fixed%20Payment%20Moving%20Cost%20Schedule%20Form%20236.8.6.8.C.pdf Fixed-Payment Moving Cost Schedule (Form 236.8.6.8(c))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Initiation%20of%20Negotiations%20Statement%20From%20236.8.5.5.pdf Initiation of Negotiations Statement (Form 236.8.5.5)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Commercial%20Mover%20Bids%20Form%20236.8.6.11.B.pdf Moving Cost Agreement - Actual Cost Commercial Mover - Non-Residential - Bids Available (Form 236.8.6.11(b))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Bids%20Not%20Avail%20From%20236.8.6.11.D.pdf Moving Cost Agreement - Actual Cost - Commercial or Self Move - Non-Residential - Bids and/or Estimates Not Available (Form 236.8.6.11(d))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.11.C.docx Moving Cost Agreement - Actual Cost Self-Move - Non-Residential - Estimates Available (Form 236.8.6.11(c))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Commercial%20Actual%20Cost%20Residential%20Form%20236.8.6.11.A.docx Moving Cost Agreement - Commercial/Actual Cost Residential (Form 236.8.6.11(a))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Commercial%20Form%20236.8.6.12.A.docx Moving Cost Claim - Actual Cost - Commercial Mover (Form 236.8.6.12(a))]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.12.D.pdf Moving Cost Claim - Actual Cost - Self Move (Form 236.8.6.12(d))]<br /> |-<br /> |[[media:RW Mortgage Analyzer1.xls|&quot;New Mortgage Tool Box&quot;]]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/New%20Mortgage%20Toolbox%20Form%20236.8.10.3.E.1.pdf New Mortgage Toolbox (Form 236.8.10.3(e)(1))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Nonprofit%20Organization%20Fixed%20Payment%20Claim%20Form236.8.7.4.pdf Nonprofit Organization Fixed-Payment Claim (Form 236.8.7.4)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Notice%20of%20Claim%20Rejection%20Form%20236.8.15.2.docx Notice of Claim Rejection (Form 236.8.15.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Notice%20of%20Intent%20to%20Acquire%20Form%20236.8.1.27.docx Notice of Intent to Acquire-Relocation (Form 236.8.1.27)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Notice%20Tenants%20not%20within%20RW%20taking%20mobile%20home%20park%20deiscontinued%20Form%20236.8.14.2.H.docx Notice-Tenants not within Right of Way Taking- Mobile Home Park Discontinued (Form 236.8.14.2(h))]<br /> |-<br /> |[https://www.sos.mo.gov/cmsimages/adrules/csr/current/4csr/4c240-124.pdf Regulations Relating to Minimum Standards for Mobile Home Tie-Down System]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Release%20of%20Property%20Form%20236.8.14.3.docx Release of Property (Form 236.8.14.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocatee%20Needs%20Questionnaire%20Form%20236.8.4.2.docx Relocatee Needs Questionnaire (Form 236.8.4.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocation%20Business%20Reestablishment%20Cost%20Agreement%20Form%20236.8.6.6.pdf Relocation Business Reestablishment Cost Agreement (Form 236.8.6.6)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%208_Relocation/Relocation%20Housing%20Possession%20Agreement%20Form%20236.8.8.1C.1.pdf Relocation Housing Possession Agreement (Form 236.8.8.1(c))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocation%20Housing%20Possession%20Agreement%20Form%20236.8.8.1C.1.pdf Relocation Housing Possession Agreement (Down Payment) (Form 236.8.8.1(c)(1))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocation%20Report%20Form%20236.8.5.4.pdf Relocation Report (Form 236.8.5.4)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%208_Relocation/Rental%20Subsidy%20Claim%20Form%20236.8.11.5.pdf Rental Subsidy Claim (Form 236.8.11.5(a))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Rental%20Subsidy%20Offer%20Computation%20Sheet%20Form%20236.8.11.3.B.pdf Rental Subsidy Offer Computation Sheet (Form 236.8.11.3(b))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Claim%20Form%20236.8.8.4.B.pdf Replacement Housing Claim (Form 236.8.8.4(b))]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%208_Relocation/Replacement%20Housing%20Comparison%20Record%20Form%20236.8.8.3.B.pdf Replacement Housing Comparison Record (Form 236.8.8.3(b))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Escrow%20Agreement%20Form%20236.8.8.1.B.pdf Replacement Housing Escrow Agreement (Form 236.8.8.1(b))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Request%20for%20Appeal%20Hearing%20Form%20236.8.15.3.docx Request for Appeal Hearing (Form 236.8.15.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.docx Residential Relocation Brochure]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist] <br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Supplemental%20Rental%20Subsidy%20Computation%20Form%20236.8.11.3.B.S.pdf Supplemental Rental Subsidy Computation (Form 236.8.11.3(b)(s))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Tenant%20Eligibility%20Notice%20Rental%20Subsidy%20Form%20236.8.3.3.C.2.docx Tenant Eligibility Notice Rental Subsidy (Form 236.8.3.3(c)(2))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Uniform%20Act%20Report.pdf &quot;Uniform Act Report&quot;]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Vacancy%20Notice%20Negotiated%20Stmt%20Partial%20Disp%20Form%20236.8.14.2.B.docx Vacancy Notice, Negotiated Settlement, Partial Displacements (Form 236.8.14.2(b))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Vacancy%20Notice%20Negotiated%20Settlement%20Total%20Displ%20Tenants%20Form%20236.8.14.2.C.1.docx Vacancy Notice Negotiated Settlement Total Displacement, Tenants (Form 236.8.14.2(c)(1))]<br /> |}<br /> <br /> ==236.8.1 General Information==<br /> <br /> ===236.8.1.1 Applicability of the Relocation Program===<br /> <br /> '''(a) Missouri Department of Transportation Projects'''<br /> <br /> The Relocation Assistance and Payment Program is applicable to all Missouri Department of Transportation projects (both federal-aid and non federal-aid), which require the acquisition of real estate. (See [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(c)(6)]], for exceptions relating to voluntary sales.)<br /> <br /> '''(b) Local Public Agencies'''<br /> <br /> These policies and procedures are fully applicable for all local public agency highway projects which involve federal financing in any part of the project, unless the local public agencies provide their own written guidelines for compliance with the Federal Highway Administration regulations for administering the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended.<br /> <br /> Policy and procedural guides prepared by local public agencies must be approved by the [http://sp/sites/de/RealEstate/SitePages/Staff.aspx Right of Way Section] office and the Federal Highway Administration prior to implementation.<br /> <br /> '''(c) Applicable Law and Effective Date of Relocation Program'''<br /> <br /> The &quot;Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,&quot; which was signed into law by the President of the United States on January 2, 1971, Uniform Relocation Act Amendments of 1987 as amended and [https://revisor.mo.gov/main/OneSection.aspx?section=523.205 523.205 RSMo] are the authority for this program.<br /> <br /> ===236.8.1.2 Availability of the Relocation Program===<br /> <br /> '''(a) Definition of Availability'''<br /> <br /> The Relocation Assistance and Payment Program is available to eligible individuals, families, businesses, farm operations and nonprofit organizations which are wholly or partially displaced by a Missouri Department of Transportation project. Relocation advisory services (not payments) are also available to any person occupying property immediately adjacent to property acquired for a highway project when the department determines that such person is caused substantial economic injury because of the acquisition.<br /> <br /> '''(b) General Eligibility Requirements'''<br /> <br /> To be eligible for relocation payments (except moving payments) relocatees must legally occupy property that is scheduled for acquisition by the department at the time negotiations are initiated for the subject parcel and also meet minimum ownership and/or occupancy time requirements and other specific requirements as discussed later in this chapter for each of the various relocation payments available. Relocatees who vacate their parcel prior to the initiation of negotiations shall also be eligible (if otherwise qualified) if they were in legal occupancy at the time the department notified them, in writing, with the Notice of Intent to Acquire-Relocation. (Such notices shall not be given as routine procedure or without prior concurrence from the Right of Way Section.) <br /> <br /> '''NOTE''': The preceding General Eligibility Requirements also apply for moving cost payments except that relocatees who move to and legally occupy properties being acquired by the department after the initiation of negotiations can qualify for moving cost payments, but normally for no other type of relocation payment, providing that they are still in occupancy of the subject property at the time it is acquired by the department.<br /> <br /> ===236.8.1.3 Definitions===<br /> <br /> The following definitions are applicable to the Missouri Department of Transportation’s Relocation Program.<br /> <br /> '''(a) Person'''<br /> <br /> :The term &quot;person&quot; includes any individual, family, partnership, company, corporation, organization or association.<br /> <br /> '''(b) Family'''<br /> <br /> :The term &quot;family&quot; means two or more individuals living together in a single-family dwelling unit who are related by blood, adoption, marriage, or legal guardianship who live together as a family unit, plus all other individuals regardless of blood or legal ties who live with and are considered a part of the family unit, or individuals who live together without an identifiable head of household will be considered one family for the purpose of administering the relocation program.<br /> <br /> '''(c) Displaced Person'''<br /> <br /> :A &quot;displaced person&quot; is any person who moves from legally occupied real property, or moves personal property from legally occupied real property, as a direct result of the acquisition of such real property in whole or in part by the department including any person who moved from the real property as a result of the initiation of negotiations for the property or is issued a Notice of Intent to Acquire-Relocation and meets the following applicable criteria:<br /> <br /> (1) '''Initial Occupant'''<br /> <br /> :The term &quot;initial occupant&quot; applies to any person who (1) has been in legal occupancy of the subject real property for not less than 90 consecutive days prior to (a) the initiation of negotiations for the acquisition of such property, or (b) receipt of a written notice of the department's intent to acquire the property, and (2) moves from the subject property (or moves personal property therefrom) subsequent to the initiation of negotiations for such real property. Initial occupants are normally entitled to a RHP and moving costs.<br /> <br /> (2) '''Less Than 90-Day Occupants'''<br /> <br /> :Persons who are in legal occupancy of a subject property at the initiation of negotiations for such property, or at the time they are provided a Notice of Intent to Acquire-Relocation, but who had not been in such occupancy for 90 consecutive days prior, thereto are referred to as &quot;less than 90-Day occupants.&quot;<br /> <br /> :Such persons are normally entitled to reimbursement of moving costs but for no other type of relocation payment unless they cannot afford comparable replacement housing using their own funds. (Under the latter circumstance the relocatee can be paid a RHP, rent supplement or down payment, whichever is applicable, under the Last Resort Housing Program. Payment computation procedures are explained in appropriate sections of this article.)<br /> <br /> :Comparable replacement rental units available to tenants with less than 90-Day occupancy will be considered &quot;affordable&quot; if the monthly rent plus utilities does not exceed the higher of (1) the rent being paid for the displacement unit plus utilities, or (2) 30% of the displaced family's total monthly gross income if the amount is considered “low income” by the [https://www.fhwa.dot.gov/real_estate/policy_guidance/low_income_calculations/index.cfm U.S. Department of Housing and Urban Development’s Annual Survey of Income Limits for the Public Housing and Section 8 Programs]. <br /> <br /> :Comparable replacement dwellings available to displaced owners with less than 90 days occupancy will be considered &quot;affordable&quot; if they can be purchased by the relocatees (1) with a down payment that does not exceed their equity in the displacement dwelling, or (2) without increasing their existing monthly home loan payment, or (3) without creating a monthly home loan payment that exceeds 30% of the family's total monthly gross income if the amount is considered “low income” by the [https://www.fhwa.dot.gov/real_estate/policy_guidance/low_income_calculations/index.cfm U.S. Department of Housing and Urban Development’s Annual Survey of Income Limits for the Public Housing and Section 8 Programs].<br /> <br /> :Other circumstances may indicate the affordability, or lack thereof, of an available replacement dwelling. Recommend potential exceptions to the above procedure on a case-by-case basis to the Right of Way Section.<br /> <br /> (3) '''Subsequent Occupants'''<br /> <br /> :A &quot;subsequent occupant&quot; is a person who is in occupancy of a right of way parcel at the time it is acquired by the department but who was not in occupancy of such parcel at the initiation of negotiations. (A person who initially moves to and occupies a property after the initiation of negotiations and then vacates it prior to the time it is acquired by the department is not a subsequent occupant and is not eligible for relocation assistance or payments.)<br /> <br /> :Subsequent occupants are eligible for relocation advisory assistance and can normally qualify for moving cost payments (including, when applicable, fixed-payment non-residential moving payments) but for no other type of relocation payment unless they cannot afford comparable replacement housing. (Under the latter circumstance, the relocatee can be paid a RHP, rent supplement or down payment, whichever is applicable, under the Last Resort Housing Program.<br /> <br /> :The procedure for determining the &quot;affordability&quot; of comparable replacement housing discussed in the preceding subparagraph for occupants with less than 90 days occupancy is fully applicable for subsequent occupants.<br /> <br /> (4) '''Displaced Tenants and Owners--Not Located Within Right of Way Taking'''<br /> <br /> :'''Tenants''': Residential tenants who occupy a portion of a parcel that is affected by a partial acquisition, but who are not actually located within limits of the acquisition, will normally be eligible for the same relocation payments they would have been eligible to receive had they been located within the acquisition if (1) the right of way acquisition causes the remainder which they occupy to be uninhabitable due to the acquisition of a facility or service that is not replaced, or (2) if they are located in the remainder of a mobile home park that was so severely damaged and/or reduced in size by the right of way acquisition that the owner justifiability discontinues the entire mobile home park operation at the subject site within one year after the department takes physical possession of the portion of the property that was acquired as right of way. <br /> <br /> :'''Owners''': An owner who occupies a remainder that is made uninhabitable due to the acquisition of a facility or service will not be eligible for relocation payments if (1) his/her right of way payment includes damages, in addition to the payment for property and rights acquired from him, which were specifically computed as being adequate to pay for a cure of the deficiencies which makes the remainder uninhabitable, and (2) he/she has the legal right and physical space to accomplish the cure. Owners who are in a position to control the necessity for their displacement, and who can reasonably avoid such necessity, cannot qualify for relocation payments by electing not to provide the cure that they have in reality been paid to accomplish. (Condemnation awards and legal settlements that are equal to or exceed the approved right of way offer will be considered to include payment for such cures if the approved right of way offer included such payment. If a condemnation award or legal settlement is less than the approved right of way offer, request a payment eligibility determination from the Right of Way Division office. <br /> <br /> :Occupants of remainders which become legally and/or physically landlocked due to a right of way acquisition are eligible for the same relocation assistance and payments as occupants of properties which are actually acquired by the department; therefore, routine policies and procedures provided throughout the manual are applicable under this circumstance rather than the special policies and procedures provided in this subparagraph. <br /> <br /> (5) '''Tenant Displaced to Make Room For Rearrangement of Landowners Business Operation'''<br /> <br /> :A tenant who is forced by his/her landlord to vacate the remainder of a partial acquisition to make room for the landlord to rearrange a business operation that was affected by a partial acquisition will normally be considered a displaced person, and as such, will be eligible for the same relocation assistance and payments that he/she would have been entitled to receive if he/she had been located within the acquisition. If an owner-occupied residence is involved in this type situation, provide the facts to the Right of Way Section and request an eligibility determination. <br /> <br /> (6) '''Voluntary Sales'''<br /> <br /> :Owner-occupants who voluntarily sell their property to the department, after being informed in writing that if a mutually satisfactory agreement cannot be reached the property will not be acquired, will normally not be eligible for relocation assistance or payments. Any tenants displaced as a direct result of such voluntary sale will be entitled to relocation benefits. Under certain circumstances, with prior division approval, it is possible an owner who sells voluntarily would be eligible for relocation benefits.<br /> <br /> (7) '''Cancellation of Eligibility as Displaced Person'''<br /> <br /> :Eligibility as a &quot;displaced person&quot; can be cancelled and relocation payment offers withdrawn, normally due to a change in construction plans which eliminates the need for a previously designated right of way parcel, if the person is notified in writing that the individual will not be displaced as originally planned. The written notice must advise that the department will reimburse the person's reasonable expenses incurred to satisfy any binding good faith contractual relocation obligations entered into after they were originally notified of relocation eligibility. Relocation eligibility cannot be cancelled if the person has moved from the subject property.<br /> <br /> '''(d) Relocatee-Displacee'''<br /> <br /> :The terms &quot;relocatee&quot; and &quot;displacee&quot; are synonymous and mean any person who meets the definition of a displaced person.<br /> <br /> '''(e) Partial Displacement'''<br /> <br /> :The term &quot;partial displacement&quot; refers to situations when the acquisition does not require the displacement of the occupant, but does necessitate the removal of items of personal property that are located within the new right of way limits<br /> <br /> '''(f) Total Displacement'''<br /> <br /> :A &quot;total displacement&quot; is one that causes the actual displacement of a person, family, business, farm operation or nonprofit organization.<br /> <br /> '''(g) Initiation of Negotiations for the Parcel'''<br /> <br /> :The term &quot;initiation of negotiations for a parcel&quot; relates to the date on which the department presents the owner of the subject parcel, or their designated representative, a written offer for the property or rights to be acquired. When non-resident owners are involved who cannot be contacted in person, initiation of negotiations for the parcel shall be the date such owner or his/her designated representative received the first communication by mail or telephone from the department in which a monetary offer to purchase is made. (Certified mail with return receipt requested must be used when the above contact is made by mail to establish and document the date that the written offer is received by the relocatee or by their representative.)<br /> <br /> :When property owners donate right of way, they will not be presented a written offer. Under this circumstance, the date that they are invited to execute the &quot;free deed&quot; will be accepted as the initiation of negotiations for the parcel. (The unit file must be documented to show when this action was taken.)<br /> <br /> :When relocatees are provided a &quot;Notice of Intent to Acquire-Relocation&quot; their initiation of negotiations will be the date the property owners, or their representatives, are presented a written offer for their right of way parcel. <br /> <br /> '''(h) Dwelling and Dwelling Site'''<br /> <br /> :The term &quot;dwelling&quot; means the place of permanent or customary residence. It includes a single-family house, a one-family unit in a multi-family building, a unit of a condominium or cooperative housing project, or any other residential unit, including a mobile home.<br /> <br /> :The term “Dwelling Site” means a land area that is typical in size for similar dwellings located in the same neighborhood or rural area.<br /> <br /> '''(i) Comparable Replacement Dwelling'''<br /> <br /> :A &quot;comparable replacement dwelling&quot; is one that is:<br /> <br /> ::(1) Decent, safe and sanitary as defined in the following subparagraph (J).<br /> <br /> ::(2) Functionally equivalent to the displacement dwelling, provides the same utility and adequate in size to accommodate the occupants. While it need not possess every feature of the displacement dwelling, the principal features must be present.<br /> <br /> ::(3) In an area that is not subject to unreasonable adverse environmental conditions, is not generally less desirable than the location of the displaced person's dwelling with respect to public utilities and commercial and public facilities, and is reasonably accessible to the person's place of employment. <br /> <br /> ::(4) On a site that is typical in size for residential development with normal site improvements including customary landscaping. (The site need not include special improvements such as outbuildings, swimming pools and greenhouses.)<br /> <br /> ::(5) Within the financial means of the displaced person.<br /> <br /> :The term &quot;within the financial means of the displaced person&quot; is defined as follows:<br /> <br /> :'''90-Day Owners''': A replacement dwelling will be within the relocatees’ financial means if they are paid a properly computed (&quot;nil&quot; if applicable) replacement housing payment (RHP), a correct increased interest payment and all authorized incidental closing costs.<br /> <br /> :'''Tenants''': A replacement rental dwelling will be within the relocatees' financial means if they are paid a properly computed (&quot;nil&quot; if applicable) rent supplement payment.<br /> <br /> ::(6) Currently available to the displaced persons on the private market unless the relocatees involved are receiving assistance under a Governmental Housing Program before displacement, in which case, a comparable replacement dwelling may reflect similar governmental housing assistance. In any such cases any requirements of the government housing assistance program relating to the size of the replacement dwelling shall apply. (Public housing can be offered to those being displaced from nonpublic housing if they are advised in writing of their right to nonpublic housing and do not object.)<br /> <br /> :'''NOTE''': If replacement dwellings meeting the above requirements are not available on the market, dwellings that exceed those requirements may be treated as comparable replacement housing.<br /> <br /> '''(j) Decent, Safe and Sanitary Dwelling'''<br /> <br /> :The term &quot;decent, safe and sanitary dwelling&quot; means a dwelling which meets applicable housing and occupancy codes. However, if any of the following standards are not met by an applicable code, the following standards shall apply, unless waived for good cause by the Federal Highway Administration. The dwelling shall:<br /> <br /> ::(1) Be structurally sound, weather tight and in good repair.<br /> <br /> ::(2) Contain a safe electrical wiring system adequate for lighting and other electrical devices.<br /> <br /> ::(3) Contain a heating system capable of sustaining a healthful temperature (of approximately 70 degrees) for a displaced person, except in those areas where local climatic conditions do not require such a system.<br /> <br /> ::(4) Be adequate in size with respect to the number of rooms and area of living space needed to accommodate the displaced person. There shall be a separate, well-lighted and ventilated bathroom that provides privacy to the user and contains a sink, bathtub or shower stall, and a toilet, all in good working order and properly connected to appropriate sources of water and to a sewage drainage system. In the case of a housekeeping dwelling, there shall be a kitchen area that contains a fully usable sink, properly connected to potable hot and cold water and to a sewage drainage system, and adequate space and utility service connections for an oven and refrigerator.<br /> <br /> ::(5) Contains unobstructed egress to safe, open space at ground level. If the replacement dwelling unit is on the second floor or above, with access directly from or through a common corridor, the common corridor must have at least two means of egress. (Flexibility in the new regulations will permit decent, safe and sanitary approval of upstairs apartments and sleeping rooms located on the second floor of normal two-story residential dwellings served by one stairway.)<br /> <br /> ::(6) For a disabled displacee be free of any barriers which would preclude reasonable ingress, egress, or use of the dwelling.<br /> <br /> '''(k) Business'''<br /> <br /> :The term &quot;business&quot; means any lawful activity, except farm operations, conducted primarily:<br /> <br /> ::(1) for the purchase, sale, lease, and/or rental of personal and/or real property, and for the manufacture, processing and/or marketing of products, commodities, or any other personal property, or<br /> <br /> ::(2) for the sale of services to the public, or<br /> <br /> ::(3) outdoor advertising display purposes, when the display must be moved as a result of the project, or<br /> <br /> ::(4) by a nonprofit organization that has established its nonprofit status under applicable federal or state law.<br /> <br /> '''(l) Small Business'''<br /> <br /> :A business having not more than 500 employees, working at the site being acquired or displaced by a program or project, which site is the location of economic activity. Sites occupied solely by outdoor advertising signs, displays, or devices do not qualify as a business for purpose of reestablishment expense.<br /> <br /> '''(m) Nonprofit Organization'''<br /> <br /> :The term &quot;nonprofit organization&quot; means an organization that is incorporated under the applicable laws of the state as a nonprofit organization and exempt from paying federal income taxes under Section 501 of the Internal Revenue Code.<br /> <br /> '''(n) Farm Operations'''<br /> <br /> :The term &quot;farm operation&quot; means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.<br /> <br /> '''(o) Contributes Materially'''<br /> <br /> :The term &quot;contributes materially&quot; means that during the two taxable years prior to the taxable year in which displacement occurs a business or farm operation:<br /> <br /> ::(1) had average annual gross receipts of at least $5,000, or<br /> <br /> ::(2) had average annual net earnings of at least $1,000, or<br /> <br /> ::(3) contributed at least 33 1/3 percent of the owner's average annual gross income from all sources.<br /> <br /> :'''NOTE''': It is permissible, with prior approval from the Right of Way Section, to use a different period if more equitable (in lieu of the above two taxable years).<br /> <br /> :See [[236.8 Relocation Assistance Program#236.8.7.1 Fixed Payments - Businesses|EPG 236.8.7.1(a)(1)]], if the business or farm has not been in operation under current ownership for the entire two taxable year period.<br /> <br /> '''(p) Owner'''<br /> <br /> :The term &quot;owner&quot; means an individual (or individuals) who:<br /> <br /> ::(1) owns, legally or equitably, the fee simple estate, a life estate, a 99-year lease (regardless of the length of the unexpired term) or other proprietary interest in the property. Holders of long-term leases, but less than 99-year leases, shall also be considered owners if the unexpired term (including options for extension) after the date of acquisition of the subject parcel totals 50 years or more,<br /> <br /> ::(2) is the contract purchaser or any of the foregoing estates or interests,<br /> <br /> ::(3) has succeeded to any of the foregoing interest by devise, bequest, inheritance or operation of law. In the event of acquisition of ownership by any of the foregoing methods in this subparagraph (3), the tenure of ownership (not occupancy) of the succeeding owner shall include the tenure of the preceding owner,<br /> <br /> ::(4) owns an interest in a cooperative housing project which includes the right to occupy a dwelling, or<br /> <br /> ::(5) any other interest (including leases with less than 50 years unexpired terms) which in the judgment of the department warrants consideration as ownership. (Ownership under this clause must be approved by the Right of Way Section.)<br /> <br /> :The owner, as defined, of a residential dwelling who has owned and occupied the dwelling for at least 90 consecutive days immediately prior to the initiation of negotiations for the subject dwelling is normally referred to as a &quot;90-Day owner.&quot;<br /> <br /> '''(q) Conventional Loan'''<br /> <br /> :Any loan not guaranteed or directly provided by a governmental agency, or not guaranteed through the private purchase of loan insurance (for example, mortgage guarantee insurance) is considered to be a &quot;conventional loan.&quot;<br /> <br /> '''(r) Replacement Housing Payment (RHP)'''<br /> <br /> :In Missouri the term &quot;replacement housing payment&quot; relates only to those payments available to qualified 90-Day owner-occupants to assist in the purchase of replacement housing, computed as the difference between the amount paid to them by the department for their residential property and (1) the amount necessary to purchase the most nearly comparable decent, safe and sanitary replacement housing available, or (2) the amount actually paid for a decent, safe and sanitary replacement, whichever is less.<br /> <br /> '''(s) Subject Property, Subject Parcel and Subject Dwelling'''<br /> <br /> :When the word &quot;subject&quot; is used to identify a property, a parcel or a dwelling it always relates to the property, parcel or dwelling which is being acquired or affected by the department and is always the property, parcel or dwelling from which a relocatee is being either partially or totally displaced. (The property purchased or rented by the relocatee to replace the &quot;subject property&quot; is identified as the &quot;replacement&quot; property, parcel or dwelling.)<br /> <br /> '''(t) (Displacement Property) Parcel, Dwelling, (Acquisition Property) Parcel, Dwelling'''<br /> <br /> :Are synonymous with &quot;subject property, parcel or dwelling.&quot;<br /> <br /> '''(u) Date of Acquisition'''<br /> <br /> :The term &quot;date of acquisition&quot; refers to the date that the subject property is acquired by the department.<br /> <br /> '''(v) Tenant'''<br /> <br /> :A &quot;tenant&quot; is a person who has the temporary use and legal occupancy of real property owned by another.<br /> <br /> '''(w) Last Resort Housing Program'''<br /> <br /> :The &quot;Last Resort Housing Program&quot; is actually a procedure under which the department can construct, purchase, rehabilitate or otherwise provide dwellings as replacement housing units for displacees when available replacement dwellings cannot be found, or when the computed payment exceeds the maximum amount that is normally paid under the Relocation Program.<br /> <br /> '''(x) Rental Subsidy Payment'''<br /> <br /> :The term &quot;Rental Subsidy Payment&quot; is synonymous with the terms &quot;Rental Differential Payment&quot; and &quot;Rent Supplement&quot; and all relate to the payment available to displaced residential occupants to cover additional rental costs they will experience in renting comparable replacement housing during the 42-month period following their displacement.<br /> <br /> '''(y) Utility Cost'''<br /> <br /> :Term &quot;utility costs&quot; means expenses for heat, lights, water, sewer, trash collection, electricity, gas, other heating and cooking fuels.<br /> <br /> '''(z) Uniform Act'''<br /> <br /> :&quot;Uniform Act&quot; is an abbreviated title for the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended.<br /> <br /> '''(aa) Acquired'''<br /> <br /> :The word &quot;acquired&quot; as used in this manual means the time the property owner, his/her agent or representative receives payment from the department for the property and/or rights being acquired, or if condemnation is involved at the time the condemnation commissioners' award is paid into court.<br /> <br /> '''(bb) Household income'''<br /> <br /> :The term household income means total gross income received for a 12 month period from all sources (earned and unearned) including, but not limited to wages, salary, child support, alimony, unemployment benefits, workers compensation, social security or the net income from a business. It does not include income received or earned by dependent children and full time students under 18 years of age. See appendix A, [https://www.law.cornell.edu/cfr/text/49/24.2 CFR subsection 24.2(a)(14)] for examples of exclusions to income.)<br /> <br /> &lt;div id=&quot;(cc) Mobile home&quot;&gt;&lt;/div&gt;<br /> '''(cc) Mobile home'''<br /> <br /> :The term mobile home includes manufactured homes and recreational vehicles used as residences. See appendix A, [https://www.law.cornell.edu/cfr/text/49/24.2 CFR subsection 24.2(a)(17)] which provides guidance on the types of mobile homes and manufactured housing that are acceptable as comparable replacement dwellings for those displaced from mobile homes.<br /> <br /> ===236.8.1.4 Interest Acquired===<br /> <br /> The type of interest acquired by the department does not affect the eligibility for relocation payments provided the interest acquired is sufficient to cause displacement.<br /> <br /> ===236.8.1.5 Ownership Qualifications===<br /> <br /> '''(a) General Ownership Requirements'''<br /> <br /> :In some instances, occupants must have owned the subject property for specific time periods to be eligible for certain types of relocation payments. In some instances, payment eligibility requirements also specify that relocatees must purchase and occupy decent, safe and sanitary replacement housing within a specific time after they are required to move from the property acquired by the department.<br /> <br /> :To be considered an owner of the property being acquired or of a replacement property entitled to relocation benefits the relocatee must either own the fee simple title to the property, hold a life estate or possess certain leasehold rights as discussed in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3 (p)]].<br /> <br /> '''(b) Contract to Purchase - Subject Right of Way Parcel'''<br /> <br /> :Relocatees who are in the process of purchasing the property from which they are being displaced under a contract to purchase which legally binds both parties to an agreement that calls for the subsequent transfer of title to the relocatee, is considered qualified if the contract has been in effect for the required ownership time period.<br /> <br /> '''(c) Contract to Purchase - Replacement Parcel'''<br /> <br /> :A relocatee who purchases a decent, safe and sanitary replacement property under a contract to purchase that legally binds both parties, as outlined in the preceding paragraph, within the required time limit, is considered to have met replacement housing ownership eligibility requirements.<br /> <br /> :It is not necessary for title to have actually passed to the subject relocatee under the procedure discussed in preceding subparagraphs (b) and (c) so long as a binding purchase contract is in effect. Contracts to purchase, which involve replacement properties, must be properly recorded in the office of the Recorder of Deeds before claims for relocation payments can be processed for payment if the purchase of a replacement property is an eligibility requirement for the type payment involved unless a written waiver of the recording requirement has been granted in writing by the Right of Way Section. (Requests for such waivers presented to the division office must explain why there is an objection to recording the contract and must be accompanied by a copy of the subject contract.) In every case, when doubt exists concerning the legality or terms of a particular purchase contract, submit a copy thereof to the Right of Way Section for final determination.<br /> <br /> '''(d) Owner's Acquisition by Devise, Bequest, Inheritance or Operation of Law'''<br /> <br /> :Relocatees who acquire a property that is scheduled for right of way acquisition by devise, bequest, inheritance or operation of law are considered to have met the ownership time eligibility requirements (but not necessarily the occupancy requirements) if the time they have owned the property since acquiring it plus the time it was owned by the person or persons from whom they acquired it totals the required time period.<br /> <br /> :This policy applies even though the relocatees &quot;inherited&quot; the subject property after the initiation of negotiations for the property. It also applies if the inheritance occurred after the original owners signed their right of way deed conveying the subject property to the department or after the property was condemned if the right of way consideration, or if applicable the condemnation commissioners' award, had not been paid, and as a consequence, title had not passed to the department.<br /> <br /> '''(e) Part Owners, Partnerships, Estate Members, Subject Right of Way Parcel'''<br /> <br /> :If a dwelling acquired by the department is partially owned by those who occupy it and partially owned by other parties who are not in occupancy, those in occupancy shall be eligible, if otherwise qualified, for relocation payments as an owner-occupant.<br /> <br /> :Estates are not eligible for RHP, incidental closing costs, increased interest payments, rental subsidy payments, or down payment assistance, but are entitled, when otherwise eligible, to moving cost payments, as well as &quot;fixed-payment&quot; moving cost payment (non-residential).<br /> <br /> :It is not necessary that the &quot;other party&quot; who owned an interest in the subject, but did not occupy it, also purchase an interest in the replacement. The name of the &quot;other party&quot; should not be included as payee on the RHP check. This is true even though a husband and wife owned the subject and one was in occupancy and the other resided elsewhere. (Be very sure that part owners &quot;residing elsewhere,&quot; especially if a husband and wife are involved, do not have a legitimate claim that the subject was actually their permanent and legal residence, even though they had a secondary and/or temporary residence elsewhere.)<br /> <br /> '''(f) Part Owners and Partnerships--Replacement Property'''<br /> <br /> :Those displaced by an acquisition can normally qualify for appropriate relocation payments if they purchase a decent, safe and sanitary replacement in partnership with other parties; however, the amount of such payments will normally be affected due to the fact that the subject relocatee does not purchase full ownership in the replacement.<br /> <br /> :Relocatees who qualify as owners due to having a life estate in the subject or by holding a long-term lease thereon can normally qualify for relocation payments, if they acquire at least the same interest in the replacement as they held in the subject.<br /> <br /> '''NOTE''': Other Parties Named In Deed Solely For Legal Purposes<br /> <br /> :In cases when parties other than the original owner-occupants are also named in the deed for the replacement property solely for legal purposes, for example, when the names of parents are included on a deed for loan purposes when their minor child purchases property, it may be possible, with prior approval from the Right of Way Section, to consider the original owner-occupants as sole owners of the replacement for the purpose of computing and paying applicable relocation payments. Requests for authority to apply this policy exception must be accompanied by a notarized affidavit, signed by all owners of record, stating that those involved who were not original owner-occupants invested no funds and claim no actual ownership in the replacement property and that such non-occupants waive any and all rights and/or claims for assistance and/or payments authorized under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. (The possible policy exception discussed in this &quot;NOTE&quot; could also be applied in principle to preceding subparagraph (e) which deals with the subject property.)<br /> <br /> '''(g) Properties Involved in Foreclosures'''<br /> <br /> :If a relocatee is being displaced from a property that is in the process of being, or which has been foreclosed, present all facts involved to the Right of Way Section in writing and request specific advice concerning relocation payment eligibility.<br /> <br /> ===236.8.1.6 Availability of Comparable Replacement Dwelling Prior to Displacement===<br /> <br /> Residential relocatees shall not be required to vacate their dwellings unless at least one comparable replacement dwelling (preferably three) has been made available to them. A comparable replacement dwelling will be considered to have been made available if:<br /> <br /> :(1) The relocatee is informed of its location.<br /> <br /> :(2) The relocatee has sufficient time to negotiate and enter into a purchase agreement or lease for the replacement dwelling or for other comparable housing (relocatees must not be required to move from their displacement dwelling until at least 90 days after they are advised in writing of the amount of their RHP offer to ensure that they have sufficient time to negotiate for a comparable replacement dwelling).<br /> <br /> :(3) The relocatees are ensured of receiving the relocation assistance and acquisition compensation to which they are entitled in sufficient time to complete the purchase or lease of a replacement dwelling unit.<br /> <br /> Residential relocatees cannot normally be evicted from an acquired dwelling unless a comparable replacement dwelling unit is currently available.<br /> <br /> '''NOTE''': If two or more families occupy the same single-family dwelling unit, the department should first attempt to locate a replacement unit that is comparable to the subject unit which will enable the families to relocate together; however, if such comparable is not available, the department's obligation to provide comparable replacement housing will be met if a separate decent, safe and sanitary replacement unit is made available to each family which provides functional comparability to the space and utility they enjoyed in the displacement dwelling.<br /> <br /> ===236.8.1.7 Eviction for Cause===<br /> <br /> Eviction for cause must conform to applicable state and local law. Any person who occupies the real property and is in lawful occupancy on the date of the initiation of negotiations, is presumed to be entitled to relocation payments and other assistance set forth in this part unless the agency determines that:<br /> <br /> :(a) the person received an eviction notice prior to the initiation of negotiations and as a result of that notice is later evicted, or<br /> <br /> :(b) the person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease or occupancy agreement, and<br /> <br /> :(c) in either case, the eviction was not undertaken for the purpose of evading the obligation to make available the payments and other assistance set forth in this part.<br /> <br /> For purposes of determining eligibility for relocation payments, the date of displacement is the date the person moves, or if later, the date a comparable replacement dwelling is made available. This section applies only to persons who would otherwise have been displaced by the project.<br /> <br /> ===236.8.1.8 Incompetent Owner or Occupant===<br /> <br /> If an owner and/or occupant is encountered who has been legally declared incompetent, the Relocation Program must be explained to his or her legal guardian. Guardians will normally have authority to sign relocation payment claims, accept possession notices and handle the details related to their ward's displacement. If any complications are encountered, provide all facts to the Right of Way Section and request specific instructions.<br /> <br /> ===236.8.1.9 Relocatee Dies During Displacement Period===<br /> <br /> '''(a) Relocatee Dies Prior to Occupying Replacement Housing'''<br /> <br /> :The following instructions apply when relocatees who are eligible for RHP, rental subsidy payments, down payment assistance, increased interest payments or moving costs die before they actually occupy a replacement dwelling:<br /> <br /> ::(1) If the deceased is the head of a household or the member of a displaced family, the relocation payment would not be affected.<br /> <br /> ::(2) If the deceased was the only occupant of the unit acquired by the department, the payment would be forfeited as the individual would never actually occupy the replacement dwelling. (Any portion of a RHP necessary to satisfy the legal obligation of an estate in connection with the selection of a replacement dwelling by or on behalf of a deceased person shall be disbursed to the estate.)<br /> <br /> '''(b) Claims Executed Prior to Relocatee's Death'''<br /> <br /> :The unpaid relocation claim of an eligible deceased relocatee that had been signed and notarized prior to his/her death should be processed for payment in the routine manner. The claim payment check should be forwarded to the administrator of the relocatee's estate together with an explanation of the relocation payment involved. If an estate has not been opened and/or an administrator has not been appointed, present the facts involved to the Right of Way Section and request specific instructions concerning delivery of the check.<br /> <br /> '''(c) Claims Not Executed Prior to Relocatee's Death'''<br /> <br /> :If a head of household dies after qualifying for a relocation payment, but before executing his/her claim, it is permissible to accept, process and pay a claim executed by the administrator of his/her estate. The claim payment check will be delivered to the administrator.<br /> <br /> :If the head of household dies prior to filing a claim that qualifies for payment and an estate has not been opened, or an administrator has not been appointed, present the facts to the Right of Way Section and request instructions concerning execution of the claim and delivery of the payment check. (Under some circumstances the succeeding head of household can execute the claim form.)<br /> <br /> ===236.8.1.10 Rest Home and Nursing Home Patrons===<br /> <br /> The term &quot;rest home&quot; as used herein also applies to nursing homes, convalescence homes and other similar establishments.<br /> <br /> In applying the following policy, it will be necessary to determine whether a subject rest home patron is a temporary or permanent occupant of the rest home.<br /> <br /> A temporary patron is one who is in the rest home on a temporary basis during an illness, convalescence, or illness recovery period, and is currently maintaining a permanent residence elsewhere, which the individual intends to reoccupy when able to do so.<br /> <br /> A permanent patron is one who has made the rest home his/her permanent place of residence, is not maintaining a residence elsewhere, and has no plan to leave the rest home at a later date.<br /> <br /> The Right of Way Section will, upon written request, assist in determining whether a subject relocatee is a temporary or permanent rest home patron.<br /> <br /> :'''(a) Moving Cost--Rest Home Displaced'''<br /> <br /> :When a displaced rest home operation is moved by its owner and reestablished in a new location, the individual patrons involved (both temporary and permanent) will not be entitled to relocation payments if the cost of moving them from the existing home to the replacement is borne by the rest home owner. (The rest home owner will be reimbursed for such moving costs as part of the routine business moving cost payment.)<br /> <br /> :If permanent patrons are forced to move to a new location at their own expense, and are not moved by the rest home owner as part of his/her business move, they shall be entitled to a routine residential moving cost payment based either on actual costs, or on the fixed-payment schedule, as the occupant of a furnished sleeping room.<br /> <br /> :If temporary patrons are forced to move to a new location at their own expense, they shall be entitled to a moving cost payment which also applies when the temporary patrons merely returns to their permanent residence.<br /> <br /> :'''(b) Rental Subsidy Payments--Rest Home Displaced'''<br /> <br /> :Rental subsidy payments are not available to temporary rest home patrons who maintain permanent and legal residences elsewhere. A permanent rest home patron, who is displaced due to the department's acquisition of the rest home, will not be entitled to a rental subsidy payment, if the subject rest home is relocated, remains in operation, and is available to him/her after it is relocated unless the existing rental fee is actually increased after the home is relocated.<br /> <br /> :If the displaced rest home does not relocate and does not continue in operation after displacement, and the permanent patron will be forced to relocate to a different rest home, the individual will normally be entitled to a rental subsidy payment computed as follows:<br /> <br /> ::(1) Determine the portion of the total monthly rental fee being paid by the relocatee prior to displacement that is chargeable to basic &quot;room rent,&quot; which normally includes utilities. It will be necessary to &quot;carve out&quot; and separate the basic room rent payment from nursing services, food, and other services paid for in the overall monthly payment. (Records maintained by the rest home may establish the basic room rental fee, if not, the determination must be made and documented by a department appraiser in the same manner that any other proration is made.)<br /> <br /> ::(2) Locate the most nearly comparable replacement rest home available to the relocatee and determine the portion of the total monthly rental fee charged for the replacement that is chargeable to basic room rent in the same manner as discussed in paragraph (1) above.<br /> <br /> ::(3) Compute the rental subsidy payment in the routine manner based on the difference between the &quot;basic room&quot; rental fees charged by the displaced rest home and the replacement rest home, or on the difference between the fee charged by the displaced rest home and the replacement fee actually paid by the relocatee, whichever is less. To determine if the 30% rule (as referenced in EPG 236.8.1.3(c)(2)) applies, each case will have to be discussed with the Right of Way Section individually. <br /> <br /> '''NOTE''': If the payment computation procedure discussed in this subparagraph creates an undue hardship on a relocatee, provide all facts to the Right of Way Section together with a recommendation for alleviating the hardship.<br /> <br /> :'''(c) Moving Costs--Rest Home Patrons' Property Acquired by the Department (Applicable to Both Tenants and Property Owners'''<br /> <br /> :If a residential, business or farm property is acquired by the department while its owner or tenant is the patron of a rest home (either temporary or permanent patron), such owner or tenant is entitled to the routine applicable moving cost payment.<br /> <br /> :'''(d) Residential Relocation Payments--Rest Home Patrons' Property Acquired by the Department (Applicable to Both Tenants and Property Owners'''<br /> <br /> :Temporary rest home patrons who maintain permanent residences elsewhere that are being acquired by the department, are entitled to any relocation payment they are otherwise eligible to receive and the fact that they are temporarily residing in a rest home has no effect on such payments. Permanent rest home patrons may own residential property occupied by others, or unoccupied. If they do, they are normally entitled to actual cost moving payments.<br /> <br /> '''NOTE''': If an owner-occupant or tenant who is displaced from a conventional dwelling unit, or from a mobile home, moves to and becomes a permanent occupant of a rest home, they can qualify for a rental subsidy payment, if otherwise eligible, provided that such rest home meets decent, safe and sanitary standards. In determining the amount actually paid by the relocatee for their &quot;replacement unit&quot; consider the &quot;basic room rental fee.&quot; (If a relocatee moves to a rest home on a temporary basis after displacement, provide all facts involved to the Right of Way Section and request instructions before making any commitments to the relocatee.)<br /> <br /> ===236.8.1.11 Displaced Students===<br /> <br /> :'''(a) Moving Costs'''<br /> <br /> :Students who are displaced from &quot;temporary&quot; housing, normally furnished rooms they occupy during the school year (those who return to their permanent homes during summer vacations), are entitled to routine moving cost payments, either fixed payment or actual costs, if their displacement occurs during the school year and they, of necessity, move to other temporary housing.<br /> <br /> :If the displacement occurs at the end of the school year, or during summer vacation, students who merely return to their permanent homes shall, if otherwise eligible, be entitled to a moving cost payment.<br /> <br /> :Students who occupy housing on a &quot;year-round&quot; basis, shall be entitled to the same moving cost payments as any other displaced tenant.<br /> <br /> :'''(b) Rental Subsidy and Down Payment Assistance'''<br /> <br /> :Students occupying housing on a temporary basis during the school year, as discussed in preceding subparagraph (a), and have permanent homes elsewhere, are normally not entitled to either rental subsidy or down payment assistance. Students who occupy housing on a full-time &quot;year-round&quot; basis, and establish such housing as their permanent and legal residence, shall be entitled to the same relocation payments as any other displaced tenant. (The Right of Way Section will, upon written request, assist in determining whether or not such housing is the student's permanent and legal residence.)<br /> <br /> ===236.8.1.12 Losses Due to Negligence===<br /> <br /> Losses due to negligence on the part of the relocated person, his/her agent or employees are not eligible for reimbursement under the Relocation Program.<br /> <br /> ===236.8.1.13 Relocatee’s Refusal of Assistance===<br /> <br /> There is no provision for the department to authorize relocatees to waive their right to claim relocation payments that they are entitled to receive; therefore, no agreement will be made with any relocatees in which they waive their right to claim such payments, even though they desire to do so. (A relocatee could not be forced to sign and submit a relocation payment claim if the individual elects not to do so.)<br /> <br /> ===236.8.1.14 Rental of Department-Owned Property===<br /> <br /> :'''(a) Renters After Acquisition Not Eligible for Relocation Payments'''<br /> <br /> :Persons who rent property from the state after it has been acquired, vacated and possession obtained from the occupants who were entitled to the original relocation payments, are not eligible for relocation payments.<br /> <br /> :In all cases, when the department rents or leases improved property (except when a routine &quot;Extension of Possession Agreement&quot; is used) whether it be excess land or right of way, the lease must contain the following clause:<br /> <br /> :&quot;Lessee agrees that upon surrender of possession he/she will not be entitled to any payment for moving costs or other relocation payments under any State or Federal Relocation Assistance Program.&quot;<br /> <br /> :'''(b) Only Decent, Safe and Sanitary Units Owned by Department Will Be Available for Rent Except When an Extension of Possession Agreement is Used'''<br /> <br /> :Improved parcels owned by the department that do not meet decent, safe and sanitary standards must not be rented for residential purposes.<br /> <br /> :'''(c) Computation of Rental Rates to be Charged by the Department'''<br /> <br /> :Rental rates are to be established as discussed in the Realty Asset Section.<br /> <br /> :'''(d) Occupant Rents Subject After Acquisition'''<br /> <br /> :If eligible relocatees of a property acquired by the department desire to rent it after the 90-Day possession period has expired, they can normally do so, if the letting schedule permits, without jeopardizing or changing their eligibility for relocation payments. This will normally be accomplished under an Extension of Possession Agreement (RW12).<br /> <br /> ::'''(1) Effect on Residential Moving Cost Payments'''<br /> <br /> ::When residential property is rented back to the occupant by the department, the residential moving cost payment will be made after the move is completed. The payment will be based on the amount of personal property actually moved, unless it is obvious that the quantity of personal property was substantially increased after the property was rented to the relocatee by the department. If a substantial increase is noted, an adjustment will be made in the moving cost payment to eliminate payment for the items added after the property was acquired by the department.<br /> <br /> ::If the fixed-rate moving cost schedule is used, the payment amount will be based on the number of furnished rooms occupied by the relocatee at the time the property was acquired by the department.<br /> <br /> ::'''(2) Effect on Business, Farm and Nonprofit Organization'''<br /> <br /> ::The renting of business, farm or nonprofit property, could create serious problems in administering the Relocation Assistance and Payment Program. For this reason, the district must submit any proposal to rent department-owned property of this type to the Right of Way Section for approval before any commitments are made.<br /> <br /> ::'''(3) Effect on RHPs'''<br /> <br /> ::The RHP offer that is in effect at the end of the routine 90-Day possession period will be the maximum (but not the minimum) RHP that the relocatee can qualify to receive when the relocatee eventually moves and occupies a decent, safe and sanitary replacement dwelling. A replacement housing claim cannot be processed or paid until the relocatee has actually fulfilled all requirements necessary to qualify for this type payment.<br /> <br /> ::The relocatee must be served notice to vacate (at the time the property is needed for construction) under the terms specified in the Extension of Possession Agreement, which will normally be 30-days written notice. (If a specific vacancy date is set out in the agreement, a termination date for the extension of possession, a written vacancy notice will not normally be required.)<br /> <br /> ::'''(4) Effect on Rental Subsidy Payments'''<br /> <br /> ::Tenants, who occupy a dwelling unit being acquired by the department, who are eligible for a rental subsidy payment, can rent the subject parcel after it has been acquired by the department without jeopardizing or changing his/her eligibility for the subsidy payment.<br /> <br /> ::The rental subsidy payment offer that is in effect at the end of the routine 90-Day possession period will be the maximum (but not the minimum) rental subsidy payment the relocatees can be paid when they eventually move to a decent, safe and sanitary replacement rental unit.<br /> <br /> ::The rental subsidy claim cannot be paid until the tenant actually vacates the subject property, moves to a decent, safe and sanitary replacement and otherwise qualifies for the payment.<br /> ::The department will begin collecting rent from the tenant at the end of the 90-Day possession period that is granted to the property owner. (The previous owner, from whom the property was acquired by the department, is entitled to rental payments during this 90-Day possession period.<br /> <br /> ::The tenant must be served with a 30-day written notice to vacate before the department takes possession of the property at the time it is needed for construction purposes under the terms specified in the Extension of Possession Agreement (RW12). (If a specific vacancy date is set out in the agreement, a termination date for the extension of possession, a written vacancy notice will not normally be required.)<br /> <br /> ::The procedure outlined in this subparagraph is also applicable when owners are involved who elect to rent rather than purchase replacement housing.<br /> <br /> ::'''(5) Effect on Down Payment Assistance'''<br /> <br /> ::Eligibility for down payment assistance is not affected if the relocatee rents the subject property after it has been acquired by the department.<br /> <br /> ::'''(6) Effect on Incidental Closing Cost Payments'''<br /> <br /> ::Rentals of this type have no effect on incidental closing cost payments.<br /> <br /> ::'''(7) Effect on Increased Interest Payments'''<br /> <br /> ::Rental of the subject back to its former occupant has no effect on this type relocation payment. The payment will be made to qualified owners when they meet all eligibility requirements.<br /> <br /> :'''(e) Extension of Possession Clauses'''<br /> <br /> :The following clauses must be included in every Extension of Possession Agreement (RW12) that is used in the rental of a subject property back to those occupying it at the time it was acquired by the department:<br /> <br /> ::'''(1)''' It is understood and agreed by both the commission and the lessees that the amounts of any relocation payments to which lessees are entitled shall not in any way be increased due to the continued occupancy authorized herein and it is further agreed that any RHP, rental subsidy payment or down payment assistance to which lessees are eligible, or become eligible to receive, shall not exceed amounts previously determined and offered in writing by the commission to lessees.<br /> <br /> ::'''(2)''' Lessees hereby agree and acknowledge that comparable replacement housing is in place and has been made available to them and that said lessees elect by choice to continue occupancy of the subject in lieu of occupying such available replacement housing. Lessees further specifically assume all responsibility for locating and occupying suitable replacement housing at the time they are required to vacate the subject parcel and that they will hold the commission blameless if suitable replacement housing is not available at that time. Lessees further agree that they shall not refuse to surrender possession upon demand by the commission, under terms specified in this agreement, due to the unavailability of suitable replacement property.<br /> <br /> '''NOTE''': If comparable replacement housing was not available at the time the Extension of Possession Agreement (RW12) was executed, the preceding clause will obviously be omitted from the agreement. If a comparable replacement dwelling unit becomes available at a later date (after the Extension of Possession Agreement has been executed), it is normally permissible to advise the relocatees and serve notice that the agreement is being terminated. If the relocatees prefer to continue renting the subject in lieu of occupying the available replacement, and if the district is willing to continue renting it to them, they can do so provided that they acknowledge in writing that (1) adequate replacement housing is in place and has been made available to them and that they elect by choice to continue occupancy of the subject in lieu of occupying the available replacement, (2) that they specifically assume all responsibility for locating and occupying suitable replacement housing at the time they are required to vacate the subject property and that they will hold the commission blameless if suitable replacement housing is not available at that time, and (3) that they shall not refuse to surrender possession of the subject property upon demand by the commission, under terms specified in the Extension of Possession Agreement, due to the unavailability of suitable replacement property.<br /> <br /> ::'''(3)''' Lessees specifically agree to accept 30-day written notice to vacate subject parcel, as specified in this agreement, in lieu of the 90-Day notice normally issued by the commission when occupancy is not being continued under an Extension of Possession Agreement.<br /> <br /> ::If a specific vacancy date is set out in the agreement, this clause should specify that the lessees agree to vacate on that date and that they specifically agree and understand that an additional notice to vacate will not be required by them or provided by the department.<br /> <br /> '''NOTE''': Do not enter into extension of possession agreements with any party who does not actually occupy the subject property, for example, a non-occupant owner, without specific written authority to do so from the Right of Way Section. Under no circumstances should improved properties be rented, or possession extended, to landlords (owners) who could in turn authorize the occupants (relocatees) being displaced to continue occupancy beyond the routine 90-Day possession period.<br /> <br /> ===236.8.1.15 Relocation Payments Not to be Considered as Income===<br /> <br /> No payment made under the Relocation Program outlined in this manual shall be considered as income for the purpose of the Internal Revenue Code of 1954 which has been redesignated as IRS Code of 1986 or for the purpose of determining the eligibility or the extent of eligibility of any person for assistance under the Social Security Act or any other federal law, except for any federal law providing low income housing assistance, consequentially all payments are not reportable to IRS on Form 1099S.<br /> <br /> :'''(a) Effect of Relocation Payments on Welfare Eligibility '''<br /> <br /> :The above statement also applies in general to state welfare laws; however, if question exists concerning the effect of such relocation payments on the state welfare payment eligibility of specific relocatees, definite answers must be obtained from local state welfare officials. (If a conflict of interpretation is involved, or if inconsistency is noted, provide all facts to the Right of Way Section where a final answer will be obtained from the central office of the welfare agency.)<br /> <br /> '''NOTE''': Relocatees must obtain answers to their questions concerning future welfare payment eligibility from state welfare officials.<br /> <br /> :'''(b) Internal Revenue Service Normally Exempts Relocation Payments From Levy'''<br /> <br /> :If the local Internal Revenue Service field personnel intend to take such levy action, advise the Right of way Section.<br /> <br /> ===236.8.1.16 Delivery of Relocation Payment Checks===<br /> <br /> All checks issued under the Relocation Program (except as noted in the following paragraph) are to be mailed to the designated recipient by certified mail. A letter of transmittal setting out the check number, amount and type of payment (moving cost, replacement housing, etc.) should accompany the check. Attach the certified return receipt to the file copy of the transmittal letter and retain both in the unit file.<br /> <br /> At the discretion of the district Right of Way Manager any full-time right of way employee may be designated to personally deliver payment checks. The unit file must be specifically documented to show who delivered the check.<br /> <br /> :'''(a) Delivery of Checks to Other Parties'''<br /> <br /> :It is permissible to deliver relocation checks to responsible parties other than the relocatees to whom such checks are made payable provided that the subject relocatee specifically and clearly requests such action in writing.<br /> <br /> :[[236.8 Relocation Assistance Program#236.8.1.9 Relocatee Dies During Displacement Period|EPG 236.8.1.9]], covers the delivery of a relocation payment check when the subject relocatee dies prior to receipt of his/her payment and obviously authorizes an exception (the only exception) to the requirement set out in the preceding paragraph. Relocation payment checks must be made payable to the subject relocatee(s), except as authorized in EPG 236.8.1.9 which relates to administrators of estates, and when moving cost payment checks can be made payable to moving firms under certain specific terms.<br /> <br /> ===236.8.1.18 Rounding of Claim Amounts===<br /> <br /> Relocation claims based on actual costs must not be rounded.<br /> <br /> Claims based on computed amounts (judgment, not actual costs) can be rounded to the nearest dollar. Only the &quot;total amount due&quot; can be so rounded, the component parts of a claim must be set out in their exact amounts.<br /> <br /> ===236.8.1.19 Justification for Recomputing Payments and/or Reversing Eligibility Determinations===<br /> <br /> Relocation payments, once computed, must not be changed, revised or recomputed without good reason and necessity.<br /> <br /> In every instance, when an original payment computation is changed, revised or recomputed, the unit file must be documented to explain why such action was necessary and justified. The reason for changing or reversing a payment eligibility determination must be well-explained and documented in the unit file.<br /> <br /> ===236.8.1.20 Duplicate Payments===<br /> <br /> :'''(a) Joint Acquisition by Two Governmental Agencies'''<br /> <br /> :Under no circumstances can a relocatee be paid duplicate relocation payments, covering the same displacement, by two different governmental acquisition agencies which are both subject to the &quot;Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970&quot; and its revisions or which have any other relocation payment program which accomplishes the same purpose.<br /> <br /> :'''(b) Relocatee is an Employee of a Private Company'''<br /> <br /> :If the employee of a private company who is being transferred by his/her employer is in occupancy of a parcel being acquired by the department at the initiation of negotiations for such parcel, or upon receipt of a Notice of Intent to Acquire-Relocation, the department will pay all relocation payments such relocatee is qualified to receive regardless of any transfer payments made to him by his/her employer and regardless as to when the transfer was initiated. <br /> <br /> :When this situation is encountered, the district should advise the employer by letter of the relocation payments being made to the employee (relocatee) by the department and thereby provide an opportunity for the employer to avoid duplication of payment, if it so desires.<br /> <br /> ===236.8.1.21 Right of Way Acquired by Local Public Agencies===<br /> <br /> When lands are acquired by another agency prior to receipt of written advice from the department concerning the location of a proposed highway or a request for reservation or conveyance for highway purposes, the provisions of this section of the manual will not apply.<br /> <br /> When lands to be used by the department as right of way are acquired by another agency after the department has provided written advice to that agency concerning the proposed highway location or a request for reservation or conveyance for highway purposes, relocation must be handled according to the instructions and policies outlined in this article.<br /> <br /> The provisions of EPG 236 apply to Federal Aid projects that necessitate either partial or total displacements. (The district must monitor relocation assistance activities conducted by a local governmental agency when federal highway funds are used on a highway or street project to ensure that provisions of The Federal Regulations are being complied with.) <br /> <br /> ===236.8.1.22 Discriminatory Practices===<br /> <br /> Under no circumstances shall any form of discriminatory practice be tolerated on the part of any agent or employee of the department or on the part of any persons, firms or corporations under contract with the Missouri Highways and Transportation Commission in carrying out any phase of the Relocation Assistance and Payment Program discussed in this manual.<br /> <br /> Supervisors and all others responsible for carrying out the Relocation Program must be constantly aware of the necessity for identifying, reporting, eliminating and/or correcting any discriminatory practice that may occur. (Any clearly defined discriminatory practice discovered by district personnel, or any practice seriously suspected of being discriminatory, must be reported to the Right of Way Section.)<br /> <br /> District personnel must be especially alert for violations of state and federal fair housing regulations which require that rental and sale of housing be made available to all persons without regard to race, color, religion, creed, national origin, sex, age, ancestry or disability.<br /> <br /> Relocatees should be encouraged to report to the department (in writing) any violations of fair housing regulations, or violations of any other of their protected civil rights, that they may experience as a result of their displacement. (Copies of such violation reports received in the district must be immediately forwarded to the Right of Way Section.)<br /> <br /> Relocation agents are also charged with the responsibility of assuring that minorities who may have language or other communication problems fully understand the Relocation Program as it relates to them.<br /> <br /> ===236.8.1.23 Witholding of Relocation Payments===<br /> <br /> It is permissible to deduct any rent that a displacee owes the department from relocation payments, provided that such deduction will not prevent the displacee from obtaining comparable decent, safe and sanitary replacement housing.<br /> <br /> Obtain prior approval from the Right of Way Section before making such deductions. Also provide facts and amount being withheld to the Financial Services Division with a journal voucher to account for the funds and record rent payment. A copy should also be sent to Right of Way Section.<br /> <br /> ===236.8.1.24 Manner of Notices===<br /> <br /> The following notices must be in writing and personally served or sent by certified or registered first-class mail with return receipt requested. Unit files must be documented to show that the notices are provided in the prescribed manner. (Persons who are unable to read and understand the notice must be provided with appropriate translation and counseling.)<br /> <br /> Notices required by Federal Regulation are:<br /> <br /> :'''(1)''' General Information Notice (see the [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Business%20Relocation%20Brochure.pdf Business Relocation Brochure] or the [httsp://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.pdf Residential Relocation Brochure]).<br /> <br /> :'''(2)''' Notices of Relocation Eligibility (Relocation Payment Offers).<br /> <br /> :'''(3)''' Vacancy Notices.<br /> <br /> Additional notices developed under department procedures are discussed in various sections of this manual. Proper use of such notices must also be recorded in the unit file. (Certified mail and personal delivery are permissible when deemed appropriate by the district.)<br /> <br /> ===236.8.1.25 Relocation Program on Projects Affected by a Major Disaster===<br /> <br /> Individuals and families whose homes have been damaged or destroyed by a major disaster and who have not been able to reoccupy their homes by the initiation of negotiations for the subject property can be considered to be in constructive occupancy provided (1) that the area has been designated as a major disaster area by the President, or (2) the Federal Highway Administration has determined that constructive occupancy is acceptable under the circumstances involved. (When a situation of this type is encountered, provide the facts involved to the Right of Way Section prior to making eligibility commitments to the relocatee.)<br /> <br /> The following policy guidance is applicable when an eligible 90-Day owner-occupant is involved:<br /> <br /> The RHP will be based on the difference between the amount the department pays for the subject property in its damaged condition and the confirmed price of the most nearly comparable replacement property available (comparable to the subject before the disaster) or the difference between the department's payment and the amount that the relocatee actually pays for a decent, safe and sanitary replacement, whichever is lesser, minus any proceeds received by the relocatee as payment for damages to his residence as a result of the disaster from insurance companies and/or from any other source.<br /> <br /> '''NOTE''': Obtain procedural instructions from the Right of Way Section when tenants, businesses, farm operations or nonprofit organizations are involved in a major disaster of this type. Also request instructions for computing relocation payments when a relocatee experiences a disaster that damages or destroys his home or business after the initiation of negotiations for the subject parcel.<br /> <br /> ===236.8.1.26 Notice of Intent to Acquire - Relocation (See [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Notice%20of%20Intent%20to%20Acquire%20Form%20236.8.1.27.docx RA Form 236.8.1.27)]===<br /> <br /> If for good reason a district desires to establish occupancy eligibility for a person prior to the initiation of negotiations for the parcel he/she occupies, they can do so by providing a written notice to the relocatee advising of the department's intention to acquire the property he/she occupies and provide a copy of the Relocation Brochure. <br /> <br /> To avoid bad public relations with landlords such notices should not be given to tenants unless they initiate the action and make a request in writing to the department. (Department employees must not be placed in the position of being in any way responsible for a tenant's early move which will cause a landlord's loss of rental income.) Notices of this type will be presented to tenants in exceptional cases only and when used, must be worded to clearly advise that the department is in no way requesting, or suggesting that they move at an early date and that we will provide a 90-Day period to vacate after the department has acquired the parcel. (Prior to issuing a Notice of Intent to Acquire-Relocation to a tenant, it may be desirable to explain the procedure involved to his/her landlord. The district should use its best judgment, based on the facts involved, in determining whether or not the landlord should be contacted concerning the pending notice.)<br /> <br /> The practice of issuing Notices of Intent to Acquire-Relocation must be held to a minimum and will not be considered standard practice. They shall be issued only when it is obviously in the department's best interest to do so or when a relocatee will suffer serious personal or financial hardship if such action is not taken. <br /> <br /> Such notices cannot be issued prior to the time that an acquisition date is approved for the project on which the property is located or until the specific parcel is approved as a hardship case or for protective buying. It is also quite obvious that notices of this kind must not be issued if there is any doubt that the subject parcel will be needed for right of way purposes.<br /> <br /> Form 236.8.1.26 is a sample &quot;Notice of Intent to Acquire-Relocation&quot; which should be followed when such notices are prepared in the district Offices. Copies of all such notices must be retained in the unit file with a signed notation thereon stating the date that such notice was mailed or hand carried to the addressee.<br /> <br /> If the notice is mailed to the potential relocatee, it is recommended that certified mail be used and that the return receipt be attached to the file copy of the notice.<br /> <br /> &quot;Notices of Intent to Acquire-Relocation&quot; are not normally available to the owners of businesses, farms and nonprofit organizations. <br /> <br /> Review [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(g)]], which relates to the initiation of negotiations date when &quot;Notices of Intent to Acquire-Relocation&quot; are issued.<br /> <br /> ==236.8.2 Relocation Assistance Program - Advisory Service==<br /> <br /> ===236.8.2.1 General===<br /> <br /> The Relocation Program can be divided into two functions <br /> :'''(1)''' relocation payments, and <br /> :'''(2)''' advisory services and assistance to those being displaced.<br /> The term &quot;advisory service&quot; therefore relates to advice and assistance only.<br /> <br /> Each district will provide Relocation Assistance Advisory Services to provide meaningful assistance to those being displaced regardless of race, color, religion, creed, sex, age, ancestry, disability or national origin. <br /> <br /> ===236.8.2.2 Eligibility for Advisory Service===<br /> <br /> Relocation assistance advisory service must be offered to:<br /> <br /> :'''(1)''' any &quot;displaced person&quot; as defined in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(c)]],<br /> <br /> :'''(2)''' any person occupying property immediately adjacent to the real property being acquired when the district Right of Way Manager recommends to the Right of Way Section for concurrence such person or persons are caused substantial economic injury because of the acquisition, and<br /> <br /> :'''(3)''' any person who moves from their residential unit, which is not located within the acquisition, due to reasonable necessity, because of the acquisition of their business or farm operation, and<br /> <br /> :'''(4)''' any person who moves personal property from real property not located within the acquisition, due to reasonable necessity, as a result of the acquisition of their business or farm operation.<br /> <br /> ===236.8.2.3 Advisory Service Requirements===<br /> <br /> The Relocation Assistance Advisory Services shall include such services as may be necessary or appropriate to: <br /> <br /> :'''(1)''' discuss and explain the services available, relocation payments and the eligibility requirements therefor and assist in completing any applications or other forms required,<br /> :'''(2)''' determine the need, if any, of displaced persons, for relocation assistance,<br /> <br /> :'''(3)''' provide current and continuing information on the availability, prices and rentals of comparable decent, safe and sanitary housing, and of comparable commercial properties and locations for displaced businesses,<br /> <br /> :'''(4)''' a person displaced from their business or farm operation in obtaining and becoming established in a suitable replacement location,<br /> <br /> :'''(5)''' when appropriate supply information concerning federal and state housing programs, disaster loans programs, and other federal or state programs offering assistance to displaced persons,<br /> <br /> :'''(6)''' advise displaced persons that no payments received under the Uniform Act shall be considered as income for the purpose of the Internal Revenue Code of 1954 which has been redesignated as the Internal Revenue Code of 1986 or for the purposes of determining the eligibility or the extent of eligibility of any person for assistance under the Social Security Act or any other federal law, and<br /> <br /> :'''(7)''' provide other advisory services to displaced persons in order to minimize hardships to such persons in adjusting to a new location.<br /> <br /> Advisory services shall be administered on a reasonable basis commensurate with the relocatees' needs. This could vary from (1) minimum assistance when relocatees are involved who are well informed, mentally, physically and financially able to manage their displacement (or overcome their economic injury as discussed in [[236.8 Relocation Assistance Program#236.8.2.2 Eligibility for Advisory Service|EPG 236.8.2.2(2)]], and who, as a consequence neither need or desire department assistance) to (2) almost unlimited advisory services and assistance for those who are elderly, infirmed, immobile or otherwise unable to cope with their displacement or economic injury problems. (All relocatees shall be offered transportation to inspect housing to which they are referred.)<br /> <br /> Whenever possible, minority persons shall be given reasonable opportunities to relocate to decent, safe and sanitary replacement dwellings, not located in an area of minority concentration, that are within their financial means. This policy, however, does not require the department to provide such relocatees a larger payment than is necessary to enable them to relocate to a comparable replacement dwelling.<br /> <br /> ==236.8.3 Relocation Assistance Program - Public Information==<br /> <br /> ===236.8.3.1 General Requirements===<br /> <br /> It is the responsibility of the department to assure that those being displaced by a highway project have adequate knowledge of the Relocation Program to enable them to take full advantage of the services and payments available.<br /> <br /> ===236.8.3.2 Relocation Brochure===<br /> <br /> '''(a) Distribution'''<br /> <br /> :Relocation Brochures (a [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Business%20Relocation%20Brochure.pdf Business Relocation Brochure] and a [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.pdf Residential Relocation Brochure]) have been prepared. Copies are available for distribution, which describes the department's Relocation Program in detail. These brochures are to be distributed without cost at public hearings and to other individuals and organizations as appropriate.<br /> <br /> :A brochure shall be furnished to persons to be relocated. (See [[236.8 Relocation Assistance Program#236.8.4 Relocation Assistance Program - Pre-Acquisition Requirements|EPG 236.8.4]], for specific instructions concerning brochure delivery to owner occupants and tenants.)<br /> <br /> '''(b) Brochure Delivery'''<br /> <br /> :Relocatees must be given a general information notice in writing of eligibility requirements and optional payments. The department's Relocation Brochures adequately provides the required information; therefore, it need not be repeated in the eligibility statements discussed in the following subparagraphs. All relocatees must be given a brochure.<br /> <br /> '''(c) Resupply Procedure'''<br /> <br /> :Requests for a brochure are to be submitted to the Right of Way Section.<br /> <br /> ===236.8.3.3 Eligibility Notice at Initiation of Negotiations===<br /> <br /> Eligibility Notices have been designed to include, when appropriate, written relocation payment offers. Therefore, the terms &quot;Eligibility Notice&quot; and &quot;Relocation Letter Offers&quot; are synonymous.<br /> <br /> All Eligibility Notices must include the name and telephone number of a department employee who can be contacted for answers to questions and for other relocation assistance needed by the relocatee.<br /> <br /> An Eligibility Notice, including replacement housing and rental subsidy payment offers, must identify the selected comparable replacement dwelling on which the payment offer is based. It must be verified that the comparable selected is still available immediately prior to issuing the notice.<br /> <br /> '''(a) Owner-Occupant of More than 90 Days'''<br /> <br /> :Displaced owners in this category must be provided a written Eligibility Notice, including a RHP offer when the written offer for their real property is made.<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Owner%20Occupant%20Form%20236.8.3.3.A.docx Form 236.8.3.3(a)], is a sample notice that should be used in providing the RHP offer and required information to qualified owners. Any deviation from the wording in the exhibit, except as authorized in the following paragraphs, must be approved by the district Right of Way Manager.<br /> <br /> :In the first blank space of the first paragraph write the date negotiations were initiated for the parcel. In the second space show the entire amount offered for the right of way and damages.<br /> <br /> :In the first blank space of the second paragraph show the amount being offered for the residential portion including the value of any uneconomic remnant. In the second space insert the computed RHP offer. <br /> <br /> :The first space in the fifth paragraph is provided to identify the replacement dwelling on which the RHP offer was based. Use a street address when available. If the replacement dwelling is in a rural area, provide its location in relation to identifiable landmarks such as highway intersections, named streams, etc. (Should the offer be based on the cost of new house construction, so state in the referenced space.)<br /> <br /> :Insert the confirmed asking or listing price of the selected comparable, in the second space. <br /> <br /> :If the residential portion of the property being acquired is encumbered by a mortgage and has been for at least 90 days before the initiation of negotiations, the following paragraph should be inserted in the eligibility notice:<br /> <br /> &lt;blockquote&gt;If there is now a mortgage on the residential portion of your property, which has been in effect for at least 90 days, you may be eligible for an increased interest cost payment. To obtain an estimate of the amount of this payment you must contact your Missouri Department of Transportation representative. This should be done immediately after you have found a replacement and signed a contract to purchase it, but before applying for loan on it. Once you have obtained a loan commitment and the closing date for the purchase of your replacement, you may contact your Missouri Department of Transportation representative and request that your actual interest cost payment be processed so that it will be available at the closing on your replacement. It is important to contact your Missouri Department of Transportation representative as soon as possible after a closing date has been established to allow time to process your payment.&lt;/blockquote&gt;<br /> <br /> :The spaces in the last paragraph of the form will normally reflect the name of the relocation agent assigned to the parcel and his/her office telephone number.<br /> <br /> :In some cases, the total right of way offer, which will be set out on the first line of the notice [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Owner%20Occupant%20Form%20236.8.3.3.A.docx Form 236.8.3.3(a)] as discussed above, will include payment for land, property or rights, in addition to the subject residential improvements and supporting land area. If so, it will be necessary to prorate the offer to determine the portion thereof that is chargeable to the residential property. (The necessity for, and manner of accomplishing, such prorations are discussed later in this manual.)<br /> <br /> :The fact that a displacee elects not to sell the remainder of his/her residential building lot to the department (when a partial displacement is involved) will have an effect on the RHP. See [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(3)]].<br /> <br /> :To avoid a delay in initiating negotiations the relocation agent can be notified of the negotiating figure recommended by the district at the time the appraisals are being reviewed. A study can then be made to determine the amount of the RHP during the same period that the appraisal is being reviewed. An adjustment will have to be made in the RHP figure if the reviewer approves a different negotiating figure than previously recommended. If time permits, it is preferable that the RHP be computed immediately after an approved negotiating figure is received. <br /> <br /> :The original eligibility notice is to be delivered to the owner or their designated representative and a copy thereof placed in the unit file. The Relocation Agent must place a signed notation on the bottom of the file copy to show the date delivered and to whom. <br /> <br /> :Be very sure that the notice is not delivered until after the subject owner's pre-negotiation ownership eligibility requirements have been carefully checked and approved.<br /> <br /> :If either the right of way offer or the RHP offer is changed after the notice is delivered to the owner, a corrected notice, identified as such, must be provided to the owner. The corrected notice must advise that it supersedes and cancels the original notice dated. Retain copies of all corrected notices for the unit file with the same delivery notation as required on the copy of the original notice.<br /> <br /> :The Relocation Payment Eligibility must be presented to the owner-occupant relocatee during the initial negotiation contact. <br /> <br /> ::(1) '''90-Day Owner-Occupant--Mobile Home'''<br /> <br /> ::Ownership of the mobile home rather than the site determines the eligibility of 90-Day owner-occupants for a RHP. If displaced owners of mobile homes occupy them on a site, rented or owned, for at least 90 days before initiation of negotiations, they may be eligible for a payment of up to $31,000.<br /> <br /> ::Owners in this category must be provided eligibility notices which specify the maximum payments they are eligible to receive. Various possible combinations of ownership or rental of sites of both the displacement and replacement homes can occur. As a result it may be necessary to issue separate eligibility notices for the mobile home and the site. Sample notices which must be used to cover these various possibilities are provided in exhibits at the end of this section.<br /> <br /> '''(b) Tenants With 90-Day Occupancy'''<br /> <br /> ::'''(1) Ten-Day Contact''' (See RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Tenants%20and%20of%20Mobile%20Home%20Sites%20Form%20236.8.3.3.C.1.docx Form 236.8.3.3(c)(1)]<br /> <br /> ::Within ten working days after the initiation of negotiations for the property they occupy, tenants (other than subsequent occupants) shall be contacted in person and furnished a written eligibility notice advising of the date of initiation of negotiations for the subject parcel and (when 90-Day occupants are involved) that a determination will be made in the near future, normally within 30 days, as to whether or not they will be entitled to a rental subsidy payment and, if so, the maximum amount they can become eligible to receive. If personal contact is not possible within 10 days, send notice by certified mail.<br /> <br /> ::See Form 236.8.3.3(c)(1), which is a sample statement that should be used in providing the required information to tenants.<br /> <br /> ::If the relocatees being contacted are the same persons that were in occupancy at the time the initial relocation contact was made, they will already have a copy of the [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.pdf Relocation Brochure] and the Relocation Program will have been explained to them in detail. In addition, a Relocatee Needs Questionnaire will have been completed.<br /> <br /> ::Under this circumstance the only actions necessary during the &quot;ten-day contact&quot; are:<br /> <br /> :::1. Presentation of the [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Tenants%20and%20of%20Mobile%20Home%20Sites%20Form%20236.8.3.3.C.1.docx RA 236.8.3.3(c)(1)] notice, .<br /> <br /> :::2. Answer any new or additional questions the relocatee may have concerning his displacement.<br /> <br /> :::3. Review the previously completed Relocatee Needs Questionnaire and update it as necessary.<br /> <br /> :::4. Be sure that the relocatees still have a copy of the Relocation Brochure in their presence. If not, provide them a copy at the time the contact is made.<br /> <br /> ::If the present occupant of the subject dwelling unit was not in occupancy at the time the above-referenced initial relocation contact was made, take the following actions during the current contact:<br /> <br /> :::1. Explain the Relocation Program to the relocatee.<br /> <br /> :::2. Provide the relocatee a copy of the Relocation Brochure.<br /> <br /> :::3. Complete a Relocatee Needs Questionnaire.<br /> <br /> :::4. Present the relocatee an [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Tenants%20and%20of%20Mobile%20Home%20Sites%20Form%20236.8.3.3.C.1.docx RA 236.8.3.3(c)(1)] notice, .<br /> <br /> :::5. Provide an explanation of the relocation services available to the relocatee.<br /> <br /> ::Copies of all RA 236.8.3.3(c)(1) notices are to be retained in the unit file. The Relocation Agent must place a signed notation on the bottom of each copy to show the date delivered and to whom.<br /> <br /> ::If the tenants who were in occupancy at the time of the previously mentioned initial relocation contact moved prior to the initiation of negotiations for the subject, so note in the files and take no further action as they will not be eligible for payment under the Relocation Program.<br /> <br /> ::If eligible relocatees were in occupancy at the initiation of negotiations, but moved prior to the ten-day contact, it will be necessary to present them an RA 236.8.3.3(c)(1) notice at their new address, in person, if possible, if not, by certified mail.<br /> <br /> ::If eligible relocatees move without advising the district of their new address, the following actions must be taken.<br /> <br /> :::1. Contact the tenant's former landlord and attempt to obtain the new address. If successful, proceed in the routine manner.<br /> <br /> :::2. If the new address cannot be obtained, the statement must be mailed to the tenant (certified mail, return receipt requested) at the address of the subject right of way parcel. A letter must be attached to the statement asking the relocatee to advise the district of their new address. If the new address is obtained, proceed in the routine manner. If, however, the statement and accompanying letter are not delivered and are returned to the district by the Postal Department, they must be placed in the unit file as proof that such action was taken.<br /> <br /> ::The ten-day contact requirement applies, if the tenants were in occupancy at the initiation of negotiations, even though they had not been in occupancy for the required 90-day time period. In this case a simple letter, composed in the district, will be presented to them in lieu of the RA 236.8.3.3(c)(1) notice. The letter must advise the relocatees (1) of the date that negotiations were initiated for the property they occupy, (2) that they are eligible for a moving cost payment and (3) that the district will assist them in locating a decent, safe and sanitary replacement dwelling unit if they so desire. If the relocatees moved to the subject property after the &quot;initial relocation contact&quot; was made, comply with instructions which relate to this type of situation at [[#Initial Relocation Contact|&quot;Initial Relocation Contact&quot;]] in EPG 236.8.4.<br /> <br /> ::The ten-day contact is not applicable to tenants who first occupy dwelling units after the initiation of negotiations for the subject property. (See the referenced subparagraph headed &quot;Initial Relocation Contact&quot; which provides instructions covering relocation contact requirements with tenants in this category.)<br /> <br /> '''NOTE''': Relocation Agents are not required to obtain permission from landlords prior to contacting tenants.<br /> <br /> ::'''(2) Rental Subsidy Payment Eligibility Notice''' <br /> <br /> ::Tenants who meet the 90-Day occupancy requirements must also be furnished a written notice advising them of the amount of the rental subsidy payment to which they are entitled.<br /> <br /> ::[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Tenant%20Eligibility%20Notice%20Rental%20Subsidy%20Form%20236.8.3.3.C.2.docx Form 236.8.3.3(c)(2)], at the end of this section is a sample statement that is to be used in providing this information to tenants.<br /> <br /> ::The computed rental subsidy payment offer, taken from the Rental Subsidy Computation Sheet, which is discussed later in this manual, will be reflected in the first blank space on the subject form and the replacement rental fee used in computing the payment offer will be inserted in the second blank space.<br /> <br /> ::Payment Eligibility Notices must be sent to tenants by certified mail (return receipts requested) or delivered in person within 30 days after the previously discussed ten-day contact is made unless there is a specific reason why this deadline cannot be complied with. (If the deadline cannot be complied with, which would be the case if a suitable replacement unit cannot be located within the 30-day period, document the file accordingly, so advise the relocatee, and provide the statement as soon as possible.) Relocatees must be provided the RA 236.8.4.3(c)(2) notice prior to the issuance of a 90-Day notice to vacate. In all cases the certified mail receipt is to be placed in the unit file together with a copy of the statement.<br /> <br /> '''(c) Actions When &quot;Nil&quot; Relocation Payment Involved'''<br /> <br /> If computations and studies show that an owner or tenant is not entitled to the type RHP discussed in preceding subparagraphs (a) and (c)(2), due to the fact that they can obtain comparable decent, safe and sanitary replacement housing without the need for an additive payment, the wording in the notice must be changed accordingly.<br /> <br /> Appropriate wording could be:<br /> <br /> &quot;Studies of available dwellings (or, if applicable, rental units) which are for sale (or rent) at this time show that you will be able to acquire (or rent) a comparable decent, safe and sanitary dwelling (or dwelling unit) for a price (or fee) that does not exceed the amount offered by the department for your existing property, or if a rental subsidy payment is involved, that does not exceed the amount you are currently paying for the unit which you now occupy.&quot;<br /> <br /> The relocatee must also be advised in the notice that the relocatee's ineligibility for a replacement housing or rental subsidy payment does not affect his/her eligibility for other relocation payments the individual is qualified to receive. <br /> <br /> '''(d) Eligibility Notices, Businesses, Farms, Nonprofit Organizations and Partial Displacements'''<br /> <br /> ::'''(1) Relocatees Own Acquisition Parcel'''<br /> <br /> ::Owners of displaced businesses, farms and nonprofit organizations who own the parcel on which they are situated must be provided a written Eligibility Notice and Relocation Brochure at the same time they are offered the approved negotiating figure for the real property involved.<br /> <br /> ::The notice can be presented to the owner by the negotiator or the Relocation Agent assigned to the parcel. (If presented by the negotiator, a follow-up call must be made by the Relocation Agent shortly after the initiation of negotiations, no more than ten working days thereafter.)<br /> <br /> ::The file copy of the notice must show who delivered the original to the relocatee, the date of delivery and the recipient.<br /> <br /> The notice can be worded as follows:<br /> <br /> &lt;blockquote&gt;&quot;This letter is to advise you that _____________________ has been established as the initiation of negotiations date for the property on which your (business, farm, nonprofit organization) is situated. Your basic eligibility for relocation benefits has therefore been established.<br /> <br /> The specific benefits that you may become eligible to receive are outlined in the Relocation Brochure and will be explained in detail by your Relocation Agent.<br /> <br /> Please feel free to contact __________________ at this office (telephone no.____________), if you have questions relating to your relocation benefits or a need for other relocation assistance.&quot;&lt;/blockquote&gt;<br /> <br /> :If the relocatee is a non-resident, document the file accordingly and provide the Eligibility Notice by certified mail. (Do not include the statement advising that relocation benefits &quot;will be explained in detail by your Relocation Agent&quot;.)<br /> <br /> '''(2) Relocatees are Tenants'''<br /> <br /> This information, including the suggested wording of the notice, generally applies when the owners of businesses, farms or nonprofit organizations rent the acquisition parcels on which their operations are situated.<br /> <br /> In this case, a relocation agent will normally deliver the notice. The notice must be presented to the relocatee within 10 working days after the initiation of negotiations for the parcel.<br /> <br /> ==236.8.4 Relocation Assistance Program - Pre-Acquisition Requirements==<br /> ===236.8.4.1 Relocation Pre-Acquisition=== <br /> <br /> During the early stages of development of a project the district Right of Way department shall develop solutions to minimize the adverse impacts of displacement. Such planning, where appropriate, shall precede any action by the department which will cause displacement, and should be scoped to the complexity and nature of the anticipated displacing activity including an evaluation of program resources available to carry out timely and orderly relocations. <br /> <br /> Planning may involve a relocation survey or study, which may include the following: <br /> <br /> ::(1) An estimate of the number of households to be displaced including information such as owner/tenant status. <br /> ::(2) Estimated value and rental rates of properties to be acquired <br /> ::(3) Family characteristics and special consideration of the impacts on minorities, the elderly, large families, and persons with disabilities when applicable. <br /> ::(4) An estimate of the number of comparable replacement dwellings in the area (including price ranges and rental rates) that are expected to be available to fulfill the needs of those households displaced. (When an adequate supply of comparable housing is not expected to be available, the department should consider housing of last resort actions.) <br /> ::(5) An estimate of the number, type and size of the businesses, farms, and nonprofit organizations to be displaced and the approximate number of employees that may be affected. <br /> ::(6) An estimate of the availability of replacement business sites. When an adequate supply of replacement business sites is not expected to be available, the impacts of displacing the businesses should be considered and addressed. <br /> ::(7) Planning for displaced businesses that are reasonably expected to involve complex or lengthy moving processes or small businesses with limited financial resources and/or few alternative relocation sites should include an analysis of business moving problems. <br /> ::(8) Consideration of any special relocation advisory services that may be necessary. <br /> &lt;div id=&quot;Initial Relocation Contact&quot;&gt;&lt;/div&gt; <br /> '''Initial Relocation Contact'''<br /> &lt;div id=&quot;When to Make Initial Relocation Contact&quot;&gt;&lt;/div&gt;<br /> '''(a) When to Make Initial Relocation Contact'''<br /> <br /> As soon as plans are developed to the point that it is both possible and desirable to obtain right of way acquisition authority for a project, or portion of a project, the district must contact the occupants of every unit that is scheduled for acquisition under the proposed &quot;A&quot; date in person if reasonably possible. If the acquisition date currently being requested covers only a section of the right of way project involved, the initial relocation contact requirement relates to that section only and not to other sections which are to be acquired at a later date.<br /> <br /> The following actions must be accomplished during the initial relocation contact.<br /> <br /> ::(1) The Relocation Program must be explained.<br /> <br /> ::(2) A copy of the Relocation Brochure must be delivered to the relocatee.<br /> <br /> ::(3) A &quot;Relocatee Needs Questionnaire,&quot; as discussed in [[236.8 Relocation Assistance Program#Relocatee Needs Questionnaire|Relocatee Needs Questionnaire]], must be completed for each separate unit (residential, business, farm and nonprofit organization) for occupants being totally displaced.<br /> <br /> The following points must be specifically explained at the time this contact is made:<br /> <br /> ::(1) that the persons involved must normally be in occupancy of the subject parcel at the initiation of negotiations for that parcel to qualify for relocation payments,<br /> <br /> ::(2) that highway plans for the project involved are not finalized and that the relocation contact is being made to determine the replacement housing needs of those who will be displaced '''IF''' the proposed highway project becomes a reality and IF final plans require the acquisition of the property they occupy and<br /> <br /> ::(3) that they should not take any actions concerning a future move that would cause them embarrassment, hardship or financial loss if the property they now occupy is not acquired by the department. The preceding procedure and requirements are also applicable when persons move into and occupy properties scheduled for acquisition after the routine initial relocation contacts have been completed on the project. The initial relocation contact will be accomplished, under this circumstance, as soon as possible, after the existence of such occupants is discovered.<br /> <br /> Persons who initially occupy a proposed right of way parcel after negotiations have been initiated for the parcel may become eligible for a moving cost payment. For this reason such relocatees should be contacted as soon as their occupancy is known by the District. A Relocatee Needs Questionnaire should be completed during the first contact and they should be advised that they may be eligible for moving cost payments '''if''' they are still in occupancy at the time the property is acquired by the department or at the time they received a notice to vacate from the department. They should be offered advisory assistance and those displaced from residential dwelling units should be advised that the department will assist them in locating a decent, safe and sanitary replacement dwelling, if they so desire. Present the relocatees a copy of the Relocation Brochure during the first contact but be '''very sure''' that they understand that they cannot normally qualify for any type of relocation payment other than moving costs. Such relocatees should be &quot;added to&quot; applicable relocation records immediately after their first relocation contact is made. <br /> <br /> :'''NOTE A: Displaced Tenants, Not Located Within Right of Way Acquisition'''<br /> <br /> :When tenants '''not''' located within the right of way acquisition will be displaced because their landlord does not replace a necessary facility or service that was included in the acquisition, the following actions are to be accomplished.<br /> <br /> :Make a record of the tenants located on the potentially uninhabitable remainder who were in occupancy at (1) the time negotiations were initiated for the subject parcel, and (2) at the time the right of way from the subject parcel was acquired. It is also desirable that the dates that tenants moved to and began their occupancy of the subject parcel be recorded at the time the occupancy listings are assembled. If the landowner advises that he/she plans to replace the facility, the list of occupants should be obtained without contacting the tenants involved. Hopefully the landowner will provide a listing of the tenants, if not, or if the completeness and/or accuracy of a list the landowner does provide is questionable, contact the Right of Way Section for further instructions. This record will be extremely beneficial if it is determined at a later date that the landowner does not replace the necessary facility or service as originally planned. If this occurs, it will be necessary to contact the relocatees involved and provide relocation assistance and payments.<br /> <br /> :If it is known at the time the tenant occupancy record is assembled that the landowner does not intend to replace a needed facility, the tenants will be displaced. Take all of the same actions (except the issuance of vacancy notices) that would be taken if tenants were located within the acquisition.<br /> <br /> '''(b) When to Make Initial Relocation Contact--Hardship and Protective Buying'''<br /> <br /> If a request for hardship acquisition or the protective buying of a parcel is involved prior to the time the above-referenced contact is accomplished, the initial relocation contact is to be made just prior to submitting a request to the Right of Way Section for authority to acquire the subject parcel.<br /> <br /> The same actions as required in preceding subparagraph (a) must be taken except that the points to be explained at the time of the contact are to be changed as follows:<br /> <br /> ::(1) That they must not move prior to receipt of a written &quot;Notice of Intent to Acquire-Relocation&quot; from the department or prior to the initiation of negotiations for the parcel, whichever occurs first.<br /> <br /> ::(2) That they should not take any actions prior to receipt of a written &quot;Notice of Intent to Acquire-Relocation,&quot; or prior to the initiation of negotiations for the parcel, that would cause them embarrassment, hardship or financial loss if the proposal to purchase the property is not approved.<br /> <br /> ::(3) That to be safe, they should not vacate the subject parcel until after they have received a written &quot;Notice to Vacate&quot; from the department.<br /> &lt;div id=&quot;Relocatee Needs Questionnaire&quot;&gt;&lt;/div&gt;<br /> '''Relocatee Needs Questionnaire'''<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocatee%20Needs%20Questionnaire%20Form%20236.8.4.2.docx Relocatee Needs Questionnaire (Form 236.8.4.2)] must be completed, for each individual, family, business, farm and nonprofit organization being displaced, at the time the initial relocation contact is accomplished. It is not necessary to complete a questionnaire when partial displacements are involved; however, a brochure must be given to relocatee as it relates to partial displacees explained. Unit file must indicate date of contact and party involved and extent of displacement.<br /> <br /> The Relocation Agent who completes a needs questionnaire relating to a residential dwelling unit should explain to the relocatees at the beginning of the interview that some of the questions to be asked are of a personal nature and that they can withhold the requested information, if they so desire.<br /> <br /> If the relocate withholds information, the agent should insert the letters &quot;IW&quot; (Information Withheld) in the appropriate space on the questionnaire.<br /> <br /> The completed questionnaire must be made a part of the unit file.<br /> <br /> Relocation agents assigned to projects, and/or specific relocatee, must also be provided copies of completed questionnaires relating to the relocatees involved.<br /> <br /> '''Instructions for Completing the Questionnaire'''<br /> <br /> The points discussed in the following paragraphs require special interpretation and/or instructions.<br /> <br /> Use the following &quot;key&quot; letter when completing the last space on the second line of the questionnaire that is headed &quot;RACE.&quot; When displacement involves a business, farm or nonprofit organization, the blank entitled &quot;Race&quot; will apply to the business owner, farm operator or majority of the nonprofit organization's membership.<br /> <br /> ::::W - white<br /> ::::B - black<br /> ::::H - Hispanic<br /> ::::I - American Indian or Alaskan Native<br /> ::::A - Asian or Pacific Islander<br /> ::::O - Other<br /> <br /> When a residence and business are located in the same building (occupied and operated by the same person), include applicable information for each on the same questionnaire. On the fifth line show that both a residence and business are involved and complete the applicable portions of the form. (The same holds true when a residence is located on a farm that is being completely displaced, displaced farm operation.) If separate unit files are maintained, place a copy of the questionnaire in each file.<br /> <br /> The ninth line on the form provides spaces to show the name of the head of household's employer and whether such employment is temporary or permanent. The tenth line should reflect the address where the head of household works. This information relates to his or her principal place of employment and not to secondary or moonlighting jobs. (Secondary and moonlighting jobs of consequence should be discussed under comments on the back of the form.)<br /> <br /> On the next line show the mode of travel used by the head of household in traveling to and from his/her principal place of employment, and the distance (one way) involved. Average travel time to and from the place of employment can also be shown in the &quot;distance&quot; space.<br /> <br /> Future reference to the line on the questionnaire which reflects whether or not the subject dwelling unit is the relocatee's principal and legal permanent residence will help avoid the possible error of paying a relocation payment to an ineligible relocatee.<br /> <br /> It is recommended that the space headed &quot;Are Utilities Furnished&quot; be completed by inserting &quot;none,&quot; if appropriate, or if utilities are provided, the letter H--for heat, E--for electricity, W--for water, etc., to show those which are provided by the landlord. (If all utilities are provided, so state.) Income amounts should be obtained and re-verified before computing payments.<br /> <br /> All entries on the line which begins &quot;Total Rooms Needed&quot; should reflect the same number of rooms as contained in the subject dwelling unit unless the subject was not adequate to accommodate the relocatee, in which case, show the number of rooms that will be needed in a replacement dwelling unit to enable it to accommodate the relocatee. (Normally any increase in the number of rooms needed, over those contained in the subject unit, will appear in the spaces reflecting &quot;Total Rooms Needed&quot; and &quot;Bedrooms&quot;.) Additional information relating to the term &quot;adequate to accommodate the relocatee&quot; is provided in [[#(2) Selection of|&quot;Selection of Comparables&quot; in EPG 236.8.8.3 Payment Computations]] and should be reviewed before completing a Relocatee Needs Questionnaire.<br /> <br /> The first space on the last line on the front of the form should show the total number of automobiles owned by the head of the household and by all other family members who reside in the subject dwelling unit. The second space is provided to show all other vehicles owned by the family including trucks, vans, motorcycles, etc.<br /> <br /> It is desirable to have a record on file in the district office to show that the occupants of each displaced unit were offered assistance in locating available replacement housing and whether or not the department's offer was accepted or declined. For this reason spaces have been included on the back of the questionnaire relating to these points. These spaces will be completed in every instance when residential units, businesses, farm operations and nonprofit organizations are being totally displaced. (A negative answer to the question &quot;was a specific offer of assistance in locating available replacement property made to relocatee&quot; is not acceptable.)<br /> <br /> In the space labeled &quot;Adults Present at Interview&quot; list all adults that were present at the time of the contact, including the names of department employees, other than the agent who is conducting the interview and who will sign the questionnaire. If someone other than a family member was present, show his or her title, interest or relationship to the relocatee.<br /> <br /> There is no circumstance that would eliminate the necessity for providing an explanation of the three points specifically discussed in [[236.8 Relocation Assistance Program#When to Make Initial Relocation Contact|When to Make Initial Relocation Contact]]. Therefore a negative answer to the question on the back of the questionnaire which relates to this required explanation is not acceptable.<br /> <br /> In addition to the above information obtained from any displaced business, farm or nonprofit organization the following information should be obtained during completion of the Relocatee Needs Questionaire:<br /> <br /> The information can be added into the comments section or on additional sheets and attached to the Relocatee Needs Questionaire.<br /> <br /> At a minimum, interviews with displaced business owners and operators should include the following:<br /> <br /> ::1. The business’s replacement site requirements, current lease terms and other contractual obligations and the financial capacity of the business to accomplish the move.<br /> ::2. Determination of the need for outside specialists that will be required to assist in planning the move, assistance in the actual move, and in the reinstallation of machinery and/or other personal property.<br /> ::3. An identification and resolution of personal/realty issues.<br /> ::4. An estimate of the time required for the business to vacate the site.<br /> ::5. An estimate of the anticipated difficulty in locating a replacement property.<br /> ::6. An identification of any advance relocation payments required for the move.<br /> <br /> '''c) Certification Concerning Legal Residency In The United States'''<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Certification%20Concerning%20Legal%20Residency%20in%20the%20USA%20Form%20236.8.4.2.A.pdf Form 236.8.4.2(a)] should be completed and signed by all relocates at the same time as the [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocatee%20Needs%20Questionnaire%20Form%20236.8.4.2.docx Relocatee Needs Questionnaire (Form 236.8.4.2)].<br /> <br /> The form is to be attached to and remain with the Relocatee Needs Questionaire. <br /> <br /> Each person seeking relocation payments or relocation advisory assistance shall, as a condition of eligibility, certify:<br /> <br /> ::1. In the case of an individual, that he or she is either a citizen or national of the United States, or an alien who is lawfully present in the United States.<br /> <br /> ::2. In the case of a family, that each family member is either a citizen or national of the United States, or an alien who is lawfully present in the United States. The head of the household may make the certification on behalf of other family members.<br /> <br /> ::3. In the case of an unincorporated business, farm, or nonprofit organization, that each owner is either a citizen or national of the United States, or an alien who is lawfully present in the United States. The certification may be made by the principal owner, manager, or operating officer on behalf of other persons with an ownership interest.<br /> <br /> ::4. In the case of an incorporated business, farm or nonprofit organization, that the corporation is authorized to conduct business within the United States.<br /> <br /> In computing relocation payments, if any member(s) of a household or owner(s) of an unincorporated business, farm or nonprofit organization is (are) determined to be ineligible because of a failure to be legally present in the United States, no relocation payments may be made to him or her. Any payment(s) for which such household, unincorporated business, farm, or nonprofit organization would otherwise be eligible shall be computed for the household, based on the number of eligible household members and for the unincorporated business, farm or nonprofit organization, based on the ratio of ownership between eligible and ineligible owners.<br /> <br /> The district right of way office shall consider the certification provided to be valid, unless it is deemed invalid based on a review of the alien’s documentation or other information that the district considers reliable and appropriate.<br /> <br /> Any review by the district right of way office of the certifications provided shall be conducted in a nondiscriminatory fashion. The same standard of review shall be applied to all such certifications. Except that such standard may be revised periodically.<br /> <br /> If the district right of way office has reason to believe that the certification of a person who has certified that he or she is an alien lawfully present in the United States is invalid, the district shall obtain verification of the alien’s status from the local U.S. Citizenship and Immigration Service (USCIS) Office. A list of local [https://www.uscis.gov/about-us/find-a-uscis-office USCIS offices] is available. Any request for BCIS verification shall include the alien’s full name, date of birth and alien number, and a copy of the aliens documentation. (If the district is unable to contact the BCIS, it may contact the Right of Way Section for further guidance.)<br /> <br /> If the district right of way office has reason to believe that the certification of a person who has certified that he or she is a citizen or national is invalid, the district shall request evidence of United States citizenship or nationality from such person, and if considered necessary verify the accuracy of such evidence with the issuer.<br /> <br /> No relocation payments or relocation advisory assistance shall be provided to a person who has not provided the certification described in this section or who has been determined to be NOT lawfully present in the United States, unless such person can demonstrate to the district’s satisfaction that the denial of relocation assistance will result in an exceptional and extremely unusual hardship to such person’s spouse, parent or child who is a citizen of the United States, or is an alien lawfully admitted for permanent residence in the United States.<br /> <br /> For clarification “exceptional and extremely unusual hardship” to such spouse, parent, or child of the person not lawfully present in the United States means that the denial of relocation payments and advisory assistance to such person will directly result in:<br /> <br /> ::1. A significant and demonstrable adverse impact on the health or safety of such spouse, parent, or child.<br /> ::2. A significant and demonstrable adverse impact on the continued existence of the family unit of which such spouse, parent, or child is a member, or<br /> ::3. Any other impact that the district determines will have a significant and demonstrable adverse impact on such spouse, parent or child.<br /> <br /> ==236.8.5 Relocation Assistance Program - Administrative Records and Reports==<br /> <br /> ===236.8.5.1 Type and General Purpose of Records and Reports Involved===<br /> <br /> The records and reports discussed in this section are general in nature and are those that do not apply directly to a payment category or to a specific subject that is covered in one of the other sections of the manual.<br /> <br /> All relocation records and reports have been developed to ensure that the many requirements for administering the Relocation Program have been fulfilled for each right of way project.<br /> <br /> Do not use any form, form letter or procedure that could be construed to make a commitment or assurance to relocatees that is not required or authorized in this Article without written approval from the Right of Way Section.<br /> <br /> ===236.8.5.2 Relocation Agent’s Report ([http://eprojects/Templates/RW/Chapter%208_Relocation/Relocation%20Report%20Form%20236.8.5.4.pdf Form RA 236.8.5.4])===<br /> <br /> '''(a) Purpose of Report'''<br /> <br /> The &quot;Relocation Agent's Report&quot; provides a record of '''every''' contact (including telephone contacts) between department relocation personnel and those who are displaced by a highway project and to provide documentary proof that certain required contacts were made. Unsuccessful attempts to contact relocatees also must be recorded on the paper.<br /> <br /> It is '''imperative''' that the &quot;Relocation Agent's Report&quot; be filled out in detail as it is a very important document and will be used as proof that required actions have been accomplished. A brief, but complete, resume of each contact that is recorded on the report '''must''' be attached to and made a part of the Relocation Agent's Report.<br /> <br /> '''(b) Hardship and Protective-Buying Parcels'''<br /> <br /> A &quot;Relocation Agent's Report&quot; must be completed for each relocatee involved in either a total or partial displacement including those acquired in advance of routine project negotiations for protective buying and as hardship cases.<br /> <br /> '''(c) Instructions for Use of Report'''<br /> <br /> Although every relocation contact between the Relocation Agent assigned to a parcel and the relocatee who occupies it must be recorded and made a part of the Relocation Agent's Report, the [http://eprojects/Templates/RW/Chapter%208_Relocation/Relocation%20Report%20Form%20236.8.5.4.pdf RA Form 236.8.5.4] itself covers only one specific contact with the relocatee. (Contacts not specifically discussed on the face of the form must be recorded on a separate sheet, which is to be attached to and made a part of the Relocation Agent's Report.)<br /> <br /> If a residential owner-occupant is involved the section of the Form 236.8.5.4 headed &quot;Initiation of Negotiations Contact&quot; will be completed. Therefore the first entries on the face of the Relocation Agent's Report will be made when the combined relocation and initiation of negotiations contact is made with the owner.<br /> <br /> :'''NOTE:''' It is not necessary to begin the Relocation Agent's Report at the time the &quot;initial relocation contact&quot; is made, as the Relocatee Needs Questionnaire will provide ample documentation relating to that contact.<br /> <br /> The section of the form headed &quot;Ten-Day Relocation Contact&quot; will be completed when a residential unit is occupied by a tenant. <br /> <br /> If a displaced business, farm operation or nonprofit organization is involved, record the first contact between the Relocation Agent and the relocatee (made '''after''', and not counting, the above-referenced initial relocation contact) in the section of the form provided for this purpose.<br /> <br /> The relocation contact to be recorded in the section of the form relating to partial displacements is the contact during which the Relocation Program is explained, and a Relocation Brochure is presented, to the owner of the personal property involved. This will normally be the first contact with such relocatee.<br /> <br /> The following instructions are provided to ensure its proper use.<br /> <br /> &quot;Type Property&quot; on the second line in the heading refers to &quot;residence,&quot; &quot;business,&quot; &quot;farm operation&quot; or &quot;nonprofit organization.&quot;<br /> <br /> The last space on the fourth line must reflect the date that the initial relocation contact was made and who made the contact. If the agent preparing the subject report did not make the initial relocation contact, the agent should obtain this information from the applicable Relocatee Needs Questionnaire.<br /> <br /> The first line in the section headed &quot;Initiation of Negotiations Contact&quot; must reflect the date that negotiations were initiated for the subject property and whether or not, &quot;yes&quot; or &quot;no,&quot; the Relocation Agent was present during this contact. (If &quot;no&quot; explain why under &quot;Comments&quot; or on the back of the form.)<br /> <br /> The date that the written relocation offer was presented to the owner will normally be the same date reflected on the first line under this heading, as the initiation of negotiations date. (If it is not, the circumstances must be explained.)<br /> <br /> If a &quot;new&quot; owner-occupant is encountered, who was not in occupancy at the time the initial relocation contacts were made on the project, complete the portion of this section that relates to this type situation.<br /> <br /> If the unit was purchased and occupied after routine initial relocation contacts were made on the project, but '''prior''' to the initiation of negotiations, it will be necessary to complete both a Relocatee Needs Questionnaire and a Relocation Agent's Report.<br /> <br /> If the relocatee is entitled to moving costs only, mark spaces which do not apply as &quot;N/A&quot; and provide an explanation under &quot;Comments,&quot; or on the back of the form, to clarify the situation.<br /> <br /> If the unit was purchased and occupied by the current occupant '''after''' the date of initiation of negotiations for the subject parcel, it will be necessary to complete both a Relocatee Needs Questionnaire and a Relocation Agent's Report covering the &quot;new&quot; occupants as they may become eligible for relocation assistance and moving cost payments.<br /> <br /> The section of the form headed &quot;Ten-Day Contact&quot; relates to the specific contact discussed in [[236.8 Relocation Assistance Program#236.8.3.3 Eligibility Notice at Initiation of Negotiations|EPG 236.8.3.3(b)(1)]]. A review of this section will clarify most entries required in this section of the form.<br /> <br /> An explanation will be required on the form if the date of the ten-day contact was made more than ten days after the initiation of negotiations date. If the [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Eligibility%20Notice%20Tenants%20and%20of%20Mobile%20Home%20Sites%20Form%20236.8.3.3.C.1.docx RA Form 236.8.3.3(c)(1)] notice was not presented to the relocatee at the ten-day contact, an explanation will be required.<br /> <br /> If a &quot;new&quot; tenant is encountered, who was not in occupancy at the time the initial relocation contacts were made on the project, follow the same general principles discussed above, relating to &quot;new&quot; owner-occupants, when completing the applicable portion of this section. (This statement also applies in the section of the form covering totally displaced businesses, farm operations and nonprofit organization, which relates to relocatees who first occupied the subject after initial relocation contacts were completed on the project.)<br /> <br /> The number of occupied rooms that are furnished by the relocatee as shown in the next section of this report shall be the basis for computing fixed-payment moving cost claims.<br /> <br /> Include all rooms that are occupied and furnished by the relocatee including attics, basements, enclosed porches, separate sheds or other similar type storage areas if such areas contain furniture, appliances and/or other personal property reasonably equivalent to a routine furnished room. (Do not include bathrooms, hallways and closets.) If areas, other than routine rooms, are included in the room count, explain what other storage areas are involved. (If information relating to the number of rooms occupied in this record differs with data provided in the &quot;Relocatee Needs Questionnaire,&quot; an explanation resolving the discrepancy must be attached to this report.)<br /> <br /> The next section of the form, which is &quot;Applicable to Totally Displaced Businesses, Farm Operations and Nonprofit Organizations,&quot; is, with the following explanation, considered to be self-explanatory.<br /> <br /> The spaces referring to &quot;relationship&quot; of persons contacted, if other than the owner, relates primarily to nonprofit organizations and large corporations.<br /> <br /> When nonprofit organizations are involved, the person contacted will normally be the organization's president, commander, pastor or other principal officer. When large firms and corporations are involved, local managers, business representatives, company attorneys and/or others in management positions may be contacted in lieu of &quot;owners.&quot;<br /> <br /> When locally owned and operated businesses and farm operations are involved, the owners must be contacted in person, if possible. If it is necessary to contact someone other than the owner, in such cases, explain the reason for doing so in the report.<br /> <br /> The following instructions are applicable when any type of partial displacement is involved.<br /> <br /> The &quot;first relocation contact&quot; to be recorded in the section of the form relating to partial displacements will be the original relocation contact with the owner of the personal property involved. This being true, it is necessary, during this original contact, to present such owner a Relocation Brochure and explain the program as it relates to partial acquisitions. (It is expected that the questions on the form concerning brochure delivery and explanation of the program will always be answered in the affirmative.)<br /> <br /> In listing items of personal property, when a partial displacement is involved, it is permissible to &quot;lump&quot; small miscellaneous items together when so many minor items are involved that it is impossible or impractical to list them separately.<br /> <br /> In the last section of the form, show whether the relocatee did, or did not, request assistance in locating replacement property.<br /> <br /> If a relocatee requested assistance in locating a replacement at the time the questionnaire was completed, or at any later date, the affirmative space must be checked and the Relocation Agent's record must include entries to show that such assistance was provided.<br /> <br /> Each &quot;Relocation Agent's Report&quot; must be signed and dated before it is turned in to the district office.<br /> <br /> ===236.8.5.3 Initiation of Negotiations Statement ([http://eprojects/Templates/RW/Chapter%208_Relocation/Initiation%20of%20Negotiations%20Statement%20From%20236.8.5.5.pdf RA Form 236.8.5.5])===<br /> <br /> It is extremely important that the exact date that right of way negotiations began for every parcel affected by the Relocation Program be recorded as this date will be used in determining whether or not owners and tenants have occupied parcels being acquired as right of way for the minimum time necessary to qualify them for specific relocation payments.<br /> <br /> RA Form 236.8.6.5 has been developed to establish and provide a record of the initiation of negotiations date for each individual parcel affected by the Relocation Program.<br /> <br /> This form is to be completed by the negotiator, for every parcel that is involved with the Relocation Program, and submitted to the district Relocation Section immediately after the contact is made.<br /> <br /> In case of nonresident owners, who are contacted by mail, the initiation of negotiations will be the date that the owner received the initial letter from the department in which an offer was made for his property. The letter must be sent by certified mail so that the return receipt will establish the date. Attach a copy of the letter and the return receipt to the RA Form 236.8.5.5.<br /> <br /> ===236.8.5.4 Decent, Safe and Sanitary Inspection Reports===<br /> <br /> Before any replacement housing, rental subsidy or down payment assistance can be made, the district must determine that the relocatee involved has moved into a replacement dwelling unit that meets the decent, safe and sanitary standards defined in subparagraph 236.8.1.3(j). The unit file must be documented to show that the replacement dwelling was inspected and found to comply with the referenced decent, safe and sanitary standards.<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Decent%20Safe%20and%20Sanitary%20Inspection%20Report%20Form%20236.8.5.4.A.pdf RA Form 236.8.5.4(a)] has been designed to serve as an inspector's check sheet, inspector's report and signed statement for use in documenting the unit file. Relocation Agents will normally serve as inspectors.<br /> <br /> '''(a) Decent, Safe and Sanitary Inspection Report (Form 236.8.6.7(a))'''<br /> <br /> The heading of the form is self-explanatory.<br /> <br /> In the first section following the heading, provide the street number of the inspected dwelling unit if possible. If that is not possible, use a location designation that will enable the dwelling unit to be readily located at a future date.<br /> <br /> In the next space, show the person who owned the property at the time of the inspection and that owner's address.<br /> <br /> The description of the property required in this section can be brief, but at the same time, must be adequate to accomplish its purpose.<br /> <br /> It will be necessary to contact the appropriate local city or county official to determine whether or not a local occupancy code exists which applies to the subject dwelling unit. If there is, have the city, or county, building inspector (or comparable local official) complete the third section of the form. Districts are authorized to payroll routine fees charged by local building inspectors in the same manner as any other incidental cost chargeable to relocation. (Local city and county inspectors can provide a separate written inspection report, letter, approved occupancy permit, city/county inspection report, etc., if they so desire in lieu of signing the department's Decent, Safe and Sanitary Inspection Report. If so, make reference to it in the third section of the department's Inspection Report covering the replacement unit and attach it thereto.)<br /> <br /> Do not confuse building codes for new construction (which are not applicable) with housing and occupancy codes for existing structures that are referred to in the decent, safe and sanitary standards.<br /> <br /> A simple &quot;yes&quot; or &quot;no&quot; in the appropriate spaces in the fourth section of the report is considered adequate; however, the inspector is encouraged to add any comments or statements the inspector feels would be desirable and beneficial on the back of the form.<br /> <br /> The inspector must check the appropriate space in the certification to show that the inspector does or does not consider the property to meet the applicable decent, safe and sanitary standards.<br /> <br /> If the inspector does not believe that the property meets minimum decent, safe and sanitary standards, the inspector should outline the reasons on the back of the form, or on an attached sheet.<br /> <br /> Sometimes the owner of a property that does not pass the decent, safe and sanitary inspection will want to make the necessary improvements and corrections to enable it to qualify. If so, a second inspection is necessary after the corrections have been made, and a new RA Form 236.8.5.4(a) must be completed. (A second inspection by the local building inspector would not be required if the local building inspector signed the original form.) Always retain both the original and new inspection reports in the unit file.<br /> <br /> '''(b) Inspection of Mobile Homes'''<br /> <br /> In addition to meeting the decent, safe and sanitary standards defined in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(j)]], mobile homes used as replacement housing must also meet minimum tie-down standards as defined in [https://revisor.mo.gov/main/OneSection.aspx?section=700.010 mobile Missouri Revised Statutes Chapter 700].<br /> <br /> '''(c) Rest and/or Nursing Homes'''<br /> <br /> Relocatees who occupy '''state approved''' rest homes or nursing homes as replacement dwellings, will be considered as having occupied a decent, safe and sanitary replacement and a routine decent, safe and sanitary inspection will not be required. The unit file must be documented to show that such rest or nursing home has been, and is currently, state approved.<br /> <br /> Rest and/or nursing homes, which have not been state approved, must meet the decent, safe and sanitary standards outlined herein and a Decent, Safe and Sanitary Inspection Report must be completed in the routine manner.<br /> <br /> '''(d) Inspection Procedure; In State'''<br /> <br /> It is necessary for districts to conduct decent, safe and sanitary inspections prior to the actual purchase or rental of a selected replacement dwelling unit, if a relocatee so desires, to ensure that the selected replacement meets required standards. Such pre-purchase and pre-rental inspections will be made only after a relocatee has selected a specific replacement that the relocatee intends to purchase or rent. Districts are in no way obligated to inspect random properties, or a series of properties, which a relocatee is merely considering. (Should such a request be made, the relocatee should be advised to make a selection and then, prior to making a commitment, request the inspection of that specific property.)<br /> <br /> In some instances, a relocatee may not request a decent, safe and sanitary inspection until after the relocatee has purchased or rented a replacement. In such cases, the inspection should be made as soon as possible after the district is informed that replacement property has been obtained.<br /> <br /> '''(e) Inspection Procedure; Out of State'''<br /> <br /> The Right of Way Section will, upon request from the district office, contact other State Highway and Transportation Departments and ask them to conduct decent, safe and sanitary inspections when Missouri relocatees move into their state.<br /> <br /> Requests for such action, from the district to the division, must be accompanied by a Decent, Safe and Sanitary Inspection Report Form (filled out to the extent possible) and the factual data necessary to enable the request to be honored, such as the name of the relocatee, address of the replacement property and any other information that would be beneficial to those making the inspection.<br /> <br /> The division will immediately forward such requests to the state involved. The completed form will be returned to the district as soon as it is received from the state conducting the inspection.<br /> <br /> If the replacement property is located in an adjoining state, and within reasonable distance from the Missouri State line, it will be permissible for department employees to conduct the inspection in lieu of requesting such action by another state. District engineers, whose district joins the state line, can normally authorize the necessary out-of-state travel to conduct such inspections.<br /> <br /> Should a situation be encountered where it is not feasible to obtain an out-of-state decent, safe and sanitary inspection through a local public agency it will be permissible, with prior approval from the Right of Way Section, to accept a certification from the relocatee that he/she has occupied decent, safe and sanitary replacement housing as defined in the department's [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.pdf Residential Relocation Brochure].<br /> <br /> '''(f) Written Notice of Decent, Safe and Sanitary Inspection Approval or Rejection'''<br /> <br /> Relocatees are to be promptly advised in writing of the results of the decent, safe and sanitary inspection of their selected replacement dwelling unit. A simple letter will suffice.<br /> <br /> If the unit meets decent, safe and sanitary standards, the letter should be worded as follows:<br /> <br /> &lt;blockquote&gt;&quot;The (dwelling/apartment/sleeping room, whichever is applicable) located at (street address or other specific location) which you have selected as a replacement for the unit from which you (are being/have been) displaced by the Missouri Department of Transportation meets the decent, safe and sanitary standards that are applicable to the department's Relocation Program. It is, therefore, an acceptable replacement dwelling unit so far as your relocation payment eligibility is concerned.<br /> <br /> The department's inspection of the unit was for the sole purpose of determining this particular phase of your eligibility for a relocation payment and this approval provides no assurance or guarantee that there are not unknown deficiencies in the unit or in its fixtures and equipment that may develop at a later date. The department will, therefore, assume no responsibility or liability should deficiencies be discovered in the future.&quot;&lt;/blockquote&gt;<br /> <br /> If the inspected unit does not meet decent, safe and sanitary standards, the letter should be worded in the following manner:<br /> <br /> &lt;blockquote&gt;&quot;The department cannot approve the (dwelling/apartment/sleeping room) located at (street address or other specific location) as meeting occupancy standards that are acceptable under the department's Relocation Program for the following reason(s):<br /> <br /> (list decent, safe and sanitary deficiencies)<br /> <br /> The unit therefore is not an acceptable replacement dwelling unit so far as your relocation payment eligibility is concerned.<br /> <br /> If the above-mentioned Relocation Program occupancy deficiencies are later corrected and/or eliminated, we will reinspect the unit for you upon request.&quot;&lt;/blockquote&gt;<br /> <br /> If a rejected unit is later reinspected and found to meet decent, safe and sanitary standards, the relocatee involved should be provided a routine approval letter as previously discussed in this subparagraph.<br /> <br /> It is permissible to provide owners of replacement dwelling units, and/or their agents, copies of decent, safe and sanitary approval (or rejection) letters.<br /> <br /> :'''NOTE:''' If a mobile home site is inspected prior to the time a relocatee reestablishes his/her other mobile home thereon, the preceding letter would not apply. In this case, the written decent, safe and sanitary letter should simply state that facilities at the proposed site are, or are not, adequate to enable the relocatee to reestablish a mobile home in a manner that will meet decent, safe and sanitary standards. The relocatee must also be advised in the letter that this inspection does not establish, or reject, his/her eligibility for a relocation payment and that it will be necessary for the department to inspect his/her mobile home after it has been reestablished at a replacement site to ensure that it is situated in a manner that meets the required standards. (A routine approval, or rejection, letter should be provided to the relocatee after the mobile home has been inspected at the replacement site. The previously discussed wording for conventional housing decent, safe and sanitary approval, or rejection, letters can be used with minor modifications as necessary to apply to a mobile home.)<br /> <br /> ==236.8.6 Relocation Assistance Program - Moving Cost Payments==<br /> <br /> ===236.8.6.1 Payment Eligibility===<br /> <br /> (a) '''Initial Occupant'''<br /> <br /> Any individual, family, business, farm operator or nonprofit organization which qualifies as a displaced person as defined in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(c)]], is entitled to reimbursement for the reasonable and necessary expenses of moving personal property when:<br /> <br /> :(1) the personal property is located on real property that is scheduled for acquisition by the department, either as an entire or partial acquisition,<br /> <br /> :(2) the personal property is located on remaining land which will be made inaccessible to the relocatee due to being legally and/or physically landlocked as a result of the right of way acquisition,<br /> <br /> :(3) the owner is in legal occupancy of the real property on which the personal property is located at (a) the time negotiations are initiated for the subject real property, (b) at the time the individual is served a &quot;Notice of Intent to Acquire-Relocation,&quot; or (c) at the time the real property was actually acquired by the department,<br /> <br /> :(4) the owner moves the personal property from the area being acquired or landlocked after the initiation of negotiations for the subject real property, or after receiving a &quot;Notice of Intent to Acquire-Relocation,&quot; whichever date is earliest, or<br /> <br /> :(5) the cost of moving the personal property does not substantially exceed the cost of replacing it at a new location. <br /> <br /> If the department's acquisition of real property used for a business or farm operation causes persons to vacate their dwellings or other real property not included in the right of way acquisition, or to move personal property from other real property not acquired as right of way, they may be entitled to the cost of moving such personal property. Eligibility for payment is normally limited to situations in which (1) the business or farm operation is moved to a new location that is not reasonably accessible to the existing dwelling, or (2) it is reasonably necessary for the relocatee to reside on, or in proximity, to the property on which his/her business or farm operation is located. <br /> <br /> When payment is made for moving personal property not located within the acquisition, as discussed in the preceding paragraphs, the unit file must be documented to show the necessity for moving such personal property. If doubt exists concerning the necessity for moving items not located within the right of way acquisition, contact the Right of Way Section. <br /> <br /> '''(b) Relocatee Initially Occupies Subject After Initiation of Negotiations (Subsequent Occupants)'''<br /> <br /> Preceding eligibility requirement number (3) makes it possible for persons who initially occupy a proposed right of way parcel '''after''' negotiations have been initiated for the parcel to become eligible for a moving cost payment.<br /> <br /> Persons who move to a property after the initiation of negotiations and vacate it prior to the time it is acquired '''are not eligible for moving cost payments unless''' they are provided a written notice to vacate by the department prior to the time they move. <br /> <br /> '''(c) Relocatee Displaced From Remainder of Partial Acquisition; Not Located Within Right of Way Acquisition Will Normally Be Eligible for Moving Cost Payments'''.<br /> <br /> See [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(c)(4)]], for an explanation of relocatee's eligibility.<br /> <br /> ===236.8.6.2 General Moving Cost Policies===<br /> <br /> '''(a) Policy Concerning More Than One Move'''<br /> <br /> Moving costs cannot be paid for more than one move of the same personal property without prior approval from the Right of Way Section. More than one move will not be approved unless it is clearly in the best public interest to do so. This policy does not apply when it is necessary to move personal property to and from storage.<br /> <br /> '''EXCEPTION''': Two moves can normally be justified when personal property is located within a temporary or permanent easement, one move from the easement area and another to return it after the easement (if temporary) reverts to the property owner. (If work is needed later on a permanent easement, '''no''' relocation assistance or payments will be provided.)<br /> <br /> '''(b) Distance of Move'''<br /> <br /> There is no limitation on the distance a relocatee moves personal property; however, moving cost payments must not include the expenses involved in moving the personal property more than 50 miles distance. However, when the relocation cannot be accomplished within 50 miles from the subject location the Right of Way Section may allow reimbursement of cost to the nearest adequate and available site.<br /> <br /> Moving cost payments can be made to cover the cost of moving personal property on to remaining or other lands owned by the relocatee or his/her landlord.<br /> <br /> '''(c) Owner Retention'''<br /> <br /> When an owner retains any item that was classified as real property, the cost of moving it to a new location is never eligible for reimbursement.<br /> <br /> If a retained dwelling is moved without removing the occupant's personal property, the relocatee can still be paid a moving cost payment based on the &quot;Fixed-Payment Moving Cost Schedule.&quot; No additional moving cost payment will be made. If, however, furnishings are removed during the time the building is being relocated, relocatee could be paid the actual cost of removing, storing and replacing the subject furnishings, or the fixed-payment option in lieu of actual costs.<br /> <br /> '''(d) Two or More Families Occupy Same Single-Family Dwelling Unit'''<br /> <br /> In most instances, the term &quot;families&quot; is used in explaining the procedures in this subparagraph; however, the principles and instructions also apply when one family jointly occupies a single-family dwelling unit with other individuals who are not a part of the family.<br /> <br /> Joint-occupancy families are entitled to separate moving cost payments if they are also eligible for separate replacement housing or rental subsidy payments.<br /> <br /> :'''(1) Separation After Displacement'''<br /> <br /> :In some instances, two or more families living together in the same single-family dwelling unit prior to displacement, will move into separate dwelling units after being displaced. When this occurs, each family can claim a separate moving cost payment, either the actual cost of moving their portion of the personal property involved or a payment based on the appropriate Fixed-Payment Moving Cost Schedule.<br /> <br /> :When the payment is based on the fixed-payment schedule, each family can be paid from schedule A, as discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(c)]], for the number of rooms they '''furnished''' plus $100, see section B of the Fixed Payment Moving Cost Schedule, per room for other rooms that were furnished by the other families in which the claimant had free and unlimited sharing privileges.<br /> <br /> :If one family provided all of the furnishings in the dwelling unit, that family will be paid from schedule A for all of the furnished rooms and the other family will be paid from schedule B, which relates to dwellings furnished by other parties, for the number of rooms they privately and jointly occupy. (Families which share a room that is jointly furnished, neither family has enough personal property therein to qualify for a full room, can each be paid $100, see section B of the Fixed Payment Moving Cost Schedule, for the jointly furnished room.)<br /> <br /> :'''(2) All Families Relocate Together'''<br /> <br /> :Families who live together prior to displacement will not be entitled to separate moving cost payments if they move to the same single-family replacement dwelling unit and continue to live together after displacement, regardless of the circumstances involved.<br /> <br /> ::'''(a) Separate Individuals Occupy Same Single-Family Dwelling Unit, Including Married Couples that are separated or Divorced After Initiation of Negotiations'''.<br /> <br /> ::If two or more eligible individuals with no identifiable head of household occupy the same single-family dwelling unit, they are to be considered as one &quot;family&quot; so far as moving cost payments are concerned and only one payment will be made regardless as to whether or not such individuals occupy the same replacement property. In such instances, all parties involved must sign the moving cost claim and the payment check must list as payee all persons who signed the claim. (An exception to this policy can be made, with approval from the Right of Way Section, if it is not reasonably possible or practical to issue one check due to hostilities between the individuals involved. In this case, the '''one''' payment that would have been made jointly to the relocatees can be divided among the eligible individuals.)<br /> <br /> ::'''(b) Personal Property Sold After Initiation of Negotiations and Prior to Displacement'''<br /> <br /> ::'''Fixed-Payment Option'''<br /> <br /> ::If the owners of personal property select the &quot;fixed-payment&quot; moving cost option sell or otherwise dispose of their personal property prior to its being removed from the subject parcel, they shall be entitled to the fixed payment under schedule B of the Fixed-Payment Moving Cost Schedule '''after''' such personal property has been removed from the right of way. The fact that the personal property was disposed of prior to its removal from the subject parcel has no effect on the eligibility of the relocatee to receive his/her fixed moving cost payment. (The person who purchased the personal property involved '''will not''' be eligible for reimbursement of the cost of moving it and such person '''is not''' covered by the policy discussed in EPG 236.8.6.1(b) even though the personal property had not been removed by the party who purchased it at the time the department acquired the subject real property.)<br /> <br /> ::'''Actual Cost Option'''<br /> <br /> ::If the owners of personal property select an &quot;actual cost&quot; moving cost payment, then sell or otherwise dispose of any of the personal property involved to another party prior to the time it is removed from the subject parcel, they will not be entitled to reimbursement for the cost of moving the items that were sold or otherwise disposed of. The party who acquired the subject personal property may be eligible for a moving cost payment under the policy discussed in [[236.8 Relocation Assistance Program#236.8.6.1 Payment Eligibility|EPG 236.8.6.1(b)]]. (Contact the Right of Way Section if payment eligibility problems are encountered.) If a business, farm or nonprofit organization is involved, the original owner, who owned the items at the initiation of negotiations, '''may''' be eligible for a &quot;Tangible Property Loss&quot; payment relating to the items sold and/or disposed of [[236.8 Relocation Assistance Program#236.8.6.4 Tangible Property Losses|(EPG 236.8.6.4)]].<br /> <br /> ::Department policy specifically prohibits relocation moving cost payments for items that are sold to customers of a business, farm operation or nonprofit organization, as well as the cost of moving items that are sold to customers and delivered by the relocatee.<br /> <br /> ::Moving cost payments to businesses, farm operations and nonprofit organizations are intended to reimburse qualified relocatees for the actual reasonable cost of moving items of personal property '''owned by them''' from the subject property to the relocatee's remaining or replacement property and '''is not''' intended to make payments covering the removal of merchandise, stock, or trade items sold by the relocatee in the conduct of business, farm or nonprofit operation and carried away by or delivered to the customer/buyer.<br /> <br /> :'''NOTE''': District personnel '''shall''' be responsible for detecting major and/or obvious changes in the quantity of personal property involved, which will substantially affect the moving cost payment amount, and also for ensuring that the cost of moving items that were sold or otherwise disposed of are not included in the moving cost claim, if such costs are sufficient to substantially affect the amount of the moving cost payment. [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|(EPG 236.8.6.9(b), and (c)]], which require an inventory of personal property involved if a business, farm or nonprofit organization is involved.)<br /> <br /> ::'''(c) Subject Real Property Sold to Another Party'''<br /> <br /> ::If a property owner sells his/her real property which is needed as right of way to another party after initiation of negotiations, and not directly to the department, and as a result, vacates such property prior to the time possession is required by the department, he/she will not be entitled to a moving cost payment as the displacement will be necessitated due to the sale of the property and not due to the acquisition. (A variety of circumstances can be encountered when a property owner sells to another party; therefore, if questions arise concerning moving cost payment eligibility, provide all facts to the Right of Way Section and request an eligibility decision.)<br /> <br /> ::'''(d) Payment Assurance to Moving Firms'''<br /> <br /> ::It is possible that relocatees, whose moving cost payments are to be based on &quot;actual costs,&quot; may not be financially able to employ a moving firm and pay for their move prior to receiving a moving cost payment from the department. When this situation exists, it is possible that moving firms will be unwilling to conduct the move without assurance that they will receive payment. In such instances, one of the three following actions should be taken.<br /> <br /> :::1. Provide the relocatees a letter confirming the moving cost payment offer (based on the lowest moving cost bid or estimate received) which they can present to the moving firm as proof that they will receive a payment from the department that will enable them to pay the mover.<br /> <br /> :::2. The relocatees can request, in writing, that the district office forward the moving cost payment check to the moving firm in lieu of having it mailed directly to them. (The check would be made payable to the relocatees in the routine manner and no change would be made in any procedure, except that the check would be mailed to the mover.) This action will ensure the mover that he/she can be present when the check is cashed.<br /> <br /> :::3. The moving firm can be paid directly by the department for conducting the relocatee's move if the relocate and moving firm agree in writing that this course of action is acceptable. Under this procedure the relocatee's name will not appear on the check and the check will be forwarded directly to the moving firm. If this course of action is considered necessary, the district must prepare an agreement which specifies that the department will pay the designated moving firm a specified sum for moving the personal property of the relocatee from one location to another (use address or locations) '''and''' that both the relocatee and moving firm are agreeable to this payment procedure. The relocatee, the moving firm and the district engineer must sign the agreement. The moving firm will be reflected as payee on the claim and on the payment check.<br /> <br /> ::When this course of action is used, make the following notation on the back of the claim form: &quot;A properly executed agreement is on file in the district office authorizing direct payment to the moving firm.&quot;<br /> <br /> ::The relocatee may also claim incidental moving costs that were not included in the moving cost claim that was paid to the mover. The district must be sure that the claim covering incidental costs does not include any items that were included in the original moving cost claim. Insert the following notation on the back of the claim covering the incidental expenses: &quot;Routine moving costs are being paid directly to the moving firm as per written agreement on file in the district office. The incidental costs listed in this claim are not included in the payment being made to the mover.&quot;<br /> <br /> ::Actions numbered (2) and (3) are not to be used unless the move cannot be otherwise successfully completed, and the third action is not to be used unless and until the first two have been specifically rejected, and is not to be considered as desirable and/or routine procedure. (Actions numbered (1) and (2) can also be used when a payment based on the fixed-payment schedule is involved.<br /> <br /> ::'''(e) Two Bids or Estimates Not Available'''<br /> <br /> ::The procedures for accomplishing various types of moves, as discussed later in this section of the manual, normally require that the district obtain at least two moving cost bids or estimates.<br /> <br /> ::When two bids or estimates are required and it is only possible to get one bid, advise the Right of Way Section of the facts involved and ask for authority to proceed on the basis of the one available bid or estimate. If this is not feasible, recommend an alternate solution. ([[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(c)(1)]], also contains specific instructions covering situations when only one estimate can be obtained when a business, farm or nonprofit organization is conducting a self-move.) If no bids or estimates can be obtained, recommend an alternate solution to the Right of Way Section.<br /> <br /> ::[[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(b)(2), 236.8.6.9(c)(1), and (2)]], discuss procedures to be applied under different circumstances when moving cost bids and estimates are not available.<br /> <br /> ::'''(f) Overtime Charges'''<br /> <br /> ::Moving cost payments must be based on &quot;straight time&quot; rates and not on overtime rates except in cases where it is essential that the move be conducted during &quot;off duty&quot; hours. Prior approval from the Right of Way Section is required before a move involving overtime rates is approved.<br /> <br /> ::Owners can move during hours requiring overtime rates, without approval by the department, and absorb the additional costs. If this is done, the moving cost payment would be based on the lower of two &quot;straight time&quot; bids.<br /> <br /> ::'''(g) Advertising Signs and Signboards'''<br /> <br /> ::Outdoor advertising signs/billboards are considered to be real property and are paid for in the routine right of way payment as real estate. Therefore only portable on-premise signs will be eligible for moving costs under the Relocation Program.<br /> <br /> ===236.8.6.3 Incidental Moving Costs===<br /> <br /> '''(a) Incidental Costs Applicable to All Moves--Residential, Business, Farm and Nonprofit Organizations'''<br /> <br /> :'''(1) Storage'''<br /> <br /> :If the district determines that it is necessary for displaced persons to store their personal property, the actual cost of such storage, not to exceed twelve months can be included in their moving cost claim. The unit file must be documented to explain why such storage was necessary and to justify the amount of the storage charges. The cost of storing personal property on real property being acquired, or on other property owned or leased by the relocatee, is not eligible for payment under the Relocation Program. If the most practical solution is for the personal property involved to be temporarily stored in '''rented''' mobile storage units parked on the subject property, such as vans, trailers, etc., the reasonable cost of renting such units may, with concurrence from the Right of Way Section, be eligible for reimbursement.<br /> <br /> :Moving cost claims that include storage costs must be accompanied by a paid receipt showing the amount paid as storage costs, length of storage period, where the personal property was stored, and if applicable, a breakdown of the storage costs. Storage costs '''cannot''' be paid when residential moving cost payments are based on the &quot;Fixed-Payment Moving Cost Schedule,&quot; or when a fixed non-residential payment is made in lieu of moving costs.<br /> <br /> :Should the owners of personal property sell the personal property involved while it is in storage, their eligible storage cost period will terminate at the end of the month in which it is sold and neither they or the buyer shall be entitled to any payment covering the cost of moving such personal property from the storage area.<br /> <br /> :'''NOTE''': When storage is necessary, the department will normally pay the reasonable cost of moving the personal property to the storage site and at the end of the storage period to a place designated by the relocatee '''provided''' the combined distance of both moves, to and from storage, does not exceed 50 miles distance. If the move from storage occurs later than 60 days after the end of the referenced 12-month period, the department will not reimburse the relocatee for the cost of moving the personal property involved from the storage site. (Exceptions for good cause can be recommended to and approved by the Right of Way Section.)<br /> <br /> :A storage period in excess of 12 months can be approved, with concurrence from the Right of Way Section, if the district determines that a longer period is necessary.<br /> <br /> :'''(2) Insurance'''<br /> <br /> :The cost of insurance premiums covering loss and damage of personal property while in transit or storage can be included in a moving cost claim based on actual expenses but must not exceed the reasonable replacement value of the personal property involved.<br /> <br /> :Claims including insurance premiums must be supported by paid receipts showing the amount paid for the insurance and the amount of coverage involved.<br /> <br /> :'''(3) Losses in Moving'''<br /> <br /> :The reasonable replacement value of property lost, stolen or damaged (not caused by the fault or negligence of the displaced person, his agent or employee) in the process of moving is reimbursable, when insurance to cover such loss or damage was not reasonably available. (This payment is not authorized when residential moving cost payments are based on the fixed-payment schedule, or when the fixed-payment non-residential option is selected in lieu of moving costs.) The replacement value of damaged personal property will not be paid if the damaged item can be reasonably repaired.<br /> <br /> :Before any losses are paid by the department the district must make a thorough investigation, and document the files accordingly, to determine (1) that such losses were not caused by negligence, (2) that damaged items could not reasonably be repaired, and (3) that applicable insurance was not reasonably available to cover the move. Moving cost claims including losses as discussed herein must be accompanied by a narrative resume' from the relocatee advising what losses or damages were experienced and how they occurred, as well as supported statements concerning the values of the items involved.<br /> <br /> :'''(4) Packing and Crating'''<br /> <br /> :The reasonable costs of packing, crating, unpacking and uncrating personal property are reimbursable incidental moving costs.<br /> <br /> :'''(5) Other Moving Related Expenses'''<br /> <br /> :In addition to the specific incidental moving costs discussed in the preceding subparagraphs, eligible relocatees can be reimbursed for other moving related expenses (not listed as ineligible in [[236.8 Relocation Assistance Program#236.8.6.7 Ineligible Moving Expenses|EPG 236.8.6.7)]] that the district, with Right of Way Section concurrence, determines to be reasonable and necessary.<br /> <br /> :'''(6) Low Value/High Bulk'''<br /> <br /> :When the personal property to be moved is of low value and high bulk, and the cost of moving the property would be disproportionate to its value in the judgment of the department, the allowable moving cost payment shall not exceed the lesser of:<br /> <br /> ::1. The amount which would be received if the property were sold at the site or<br /> ::2. The replacement cost of a comparable quantity delivered to the new location.<br /> <br /> '''(b) Incidental Costs Applicable Only to Residential Moves'''<br /> <br /> ::'''(1) Removal and Reinstallation Expenses; Appliances and Other Residential Personal Property'''<br /> <br /> ::The reasonable costs of disconnecting, dismantling, removing, reassembling and reinstalling relocated household appliances, and other personal property are reimbursable.<br /> <br /> :'''NOTE''': When residential moves are involved, relocatees are expected to accomplish routine tasks necessary to reestablish their residences, such as hanging drapes, pictures, etc., without paid assistance or reimbursement. An exception can be made to this policy when elderly or disabled relocatees are involved who are not physically able to accomplish such tasks, in which case, reasonable payments made by the relocatees to other persons for such services can be reimbursed as an incidental moving cost payment. The cost of altering or modifying residential items of personal property, to adapt it to the replacement dwelling, cannot normally be included as a reimbursable incidental moving cost.)<br /> <br /> ::'''(2) Cost of Transportation, Meals and Temporary Lodging'''<br /> <br /> ::When a residential move is involved, except when the fixed-payment option is applied, the costs of transportation of individuals and families to the replacement location are eligible for reimbursement up to a distance of 50 miles. Such costs can be on a mileage basis, computed as one trip from the property acquired to the replacement property, or actual costs if commercial transportation is used. <br /> <br /> ::Transportation costs must be reasonable. If an automobile is used, only one trip (via the most direct route), is eligible for mileage reimbursement. Exception to this one trip policy would be made if the size of the family involved necessitates an additional trip or the use of more than one automobile. The per mile reimbursement rate shall be the rate allowed by the Internal Revenue Service.<br /> <br /> ::The allowable rate for a given year may be obtained from the district Financial Services Department.<br /> <br /> :'''NOTE''': Make sure that the rate given is the actual IRS allowable rate rather than the allowable rate for reimbursement to MoDOT employees for use of their personal vehicles in conducting department business.<br /> <br /> ::Transportation costs can include special services such as the cost of an ambulance to transport invalid relocatees up to a distance of 50 miles.<br /> <br /> ::The actual reasonable costs of meals and lodging can be paid '''if''' it is '''necessary''' for the relocatees to &quot;eat out&quot; or spend a night in a motel or hotel because of the move. Meals &quot;eaten out&quot; and time spent in a motel or hotel merely for the convenience of the relocatee are '''not''' eligible for reimbursement. Meals &quot;eaten out&quot; during the time the relocatee's kitchen appliances and/or utilities are disconnected and overnight commercial lodging during the time the relocatee's bedroom furniture is not available at either location shall be considered reasonable. Lodging costs must not exceed routine rates charged in the area and meals must not exceed the per diem rates as identified at [http://oa.mo.gov/accounting/state-employees/travel-portal-information/state-meals-diem Office of Administration – State Meals Per Diem]. Receipts will be required to prove that such expenditures were made and the actual costs involved.<br /> <br /> ::When the actual move exceeds 50 miles, transportation costs as discussed herein shall be prorated and those applicable to a 50-mile move may be reimbursed. If an exception was made to the 50-mile payment limitation under the procedure authorized in [[236.8 Relocation Assistance Program#236.8.6.2 General Moving Cost Policies|EPG 236.8.6.2(b)]], it will also apply to the transportation costs discussed in this section.<br /> <br /> ::The temporary lodging provisions are not to be used to house relocatees while other quarters are being acquired or constructed, as comparable replacement housing must be available for occupancy prior to the time the relocatee is required to move.<br /> <br /> ::'''(3) Nonreturnable Mobile Home Park Entrance Fee'''<br /> <br /> ::Nonreturnable mobile home park entrance fees at the replacement site are reimbursable as incidental moving costs. Reimbursement for such fees cannot exceed the entrance fee charged by the selected comparable replacement mobile home park on which the relocatee's RHP was based.<br /> <br /> ::Also see [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(e)(1)]], which explains a circumstance under which mobile home sales tax can be paid as an incidental moving cost.<br /> <br /> '''(c) Incidental Costs Applicable Only to Business, Farm and Nonprofit Organization Moves'''<br /> <br /> :'''(1) Removal and Reinstallation Expenses--Machinery, Equipment and Other Personal Property'''<br /> <br /> :The reasonable costs of disconnecting, dismantling, removing, reassembling and reinstalling machinery, equipment and other personal property can normally be included in moving cost payments that are based on actual moving expenses.<br /> <br /> :The reasonable costs of making modifications in the '''personal''' property as necessary to adapt it to the replacement structure, replacement site, or to the utilities at the replacement site, are reimbursable incidental moving costs. The cost of modifications necessary to adapt the utilities at the replacement site to serve the personal property are also reimbursable. <br /> <br /> :Furthermore, the cost of extending utilities to the replacement site, for example, from the right of way to the replacement building or improvement, are reimbursable. <br /> <br /> :The costs of making modifications in, or physical changes to, the real property at the replacement location are also '''not''' reimbursable except as provided for in [[236.8 Relocation Assistance Program#236.8.6.6 Reestablishment Expense|EPG 236.8.6.6(a)(2)]].<br /> <br /> :If removal and reinstallation costs, not included in routine moving cost bids or estimates, are expected to exceed $1,000, the district must obtain two bids or estimates covering the removal and reinstallation costs. Reimbursement for this expenditure cannot exceed the lesser of the bids or estimates.<br /> <br /> :When compensable removal and reinstallation expenses are not included in the commercial mover's bill, the relocatee must attach paid receipts to his/her moving cost claim showing the separate costs related to each item involved. If such costs are included in the mover's bill, they must be itemized on the receipt in a manner that they can be identified.<br /> <br /> :'''(2) Licenses and Permits'''<br /> <br /> :The cost of any license, permit or certification required of the displaced person at the replacement location is reimbursable; however, the payment will be limited to the prorated cost applicable to the unexpired term of any existing license, permit or certification in effect at the displacement property.<br /> <br /> :'''(3) Professional Services'''<br /> <br /> :The reasonable costs of professional services '''necessary''' for (a) planning the move of personal property, (b) moving the personal property, or (c) installing the relocated personal property at the replacement site, are reimbursable.<br /> <br /> :Reasonable &quot;out-of-pocket&quot; fees paid to consultants for preparing inventories of personal property as required in [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9]], are normally reimbursable.<br /> <br /> :Relocatees should be encouraged to submit proposals for obtaining professional services, including the anticipated costs, to the district for prior approval.<br /> <br /> :'''(4) Re-lettering Signs, Replacement of Stationery and Notices of New Location'''<br /> <br /> :Actual reasonable cost of re-lettering signs and replacing stationery on hand at the time of displacement that is made obsolete as a result of the move are reimbursable.<br /> <br /> :The actual and reasonable costs of printing and mailing, or of publishing notices advising customers and others who need to know of the new location of a relocated business, farm operation or nonprofit organization are reimbursable. A pre-determined maximum expenditure should be agreed upon between the district and relocatee for this item of cost before a payment commitment is made.<br /> <br /> :'''(5) Search for Replacement Site'''<br /> <br /> :The owner of a displaced business, farm operation or nonprofit organization can be reimbursed for the actual reasonable '''and documented''' expenses incurred in searching for a suitable replacement property, not to exceed $2,500.<br /> <br /> :Applicable expenses can include:<br /> <br /> ::1. transportation--based on actual fees charged for commercial transportation or allowable IRS mileage rate when a private auto is used,<br /> <br /> ::2. meals away from home--not to exceed the per diem rates identified at [http://oa.mo.gov/accounting/state-employees/travel-portal-information/state-meals-diem Office of Administration – State Meals Per Diem], <br /> <br /> ::3. lodging away from home--not to exceed standard rates charged by motels or hotels in the area,<br /> <br /> ::4. the value of time actually spent in the search, based on the applicable and reasonable salary or earnings of the person(s) making the search. A statement of the time and hourly (or daily) wage rate must accompany the claim, and<br /> <br /> ::5. fees paid to a real estate agent, broker or other consultant to locate a replacement property, exclusive of any fees or commissions related to the purchase of such site.<br /> <br /> ::6. time spent in obtaining permits and attending zoning hearings<br /> <br /> ::7. time spent negotiating the purchase of a replacement site based on a reasonable salary or earnings.<br /> <br /> :All expenses claimed (except value of time spent in the search) must be supported by receipt bills.<br /> <br /> :Otherwise, eligible search costs incurred prior to the initiation of negotiations are reimbursable '''if''' (1) they were incurred due to reasonable anticipation of the property being acquired for a highway project, and (2) the relocatee becomes eligible for a moving cost payment.<br /> <br /> :'''(6) Costs of Attempting to Sell Personal Property'''<br /> <br /> :The reasonable cost incurred in attempting to sell an item of personal property that is not to be relocated is reimbursable.<br /> <br /> :'''(7) Purchase of Substitute Personal Property'''<br /> <br /> :If an item of personal property, which is used as part of a business, nonprofit organization or farm operation, is not moved but is promptly replaced with a substitute item that performs a comparable function at the replacement site, the relocatee is entitled to payment of the '''lesser''' of:<br /> <br /> ::(a) the cost of the substitute item, including installation costs at the replacement site, minus any proceeds from the sale or trade-in of the replaced item, or<br /> <br /> ::(b) the estimated cost of moving and reinstalling the replaced item, based on the lowest acceptable bid or estimate for relocating the item including incidental costs, but excluding any allowance for storage. (One bid or estimate is acceptable in determining the estimated cost of relocating an item when a low cost and/or uncomplicated move is involved.)<br /> <br /> :This procedure should be recommended to relocatees when it will cost more to move an item than to replace it in kind or with a suitable substitute at the replacement site. (If the relocatee insists upon moving the item, request procedural advice from the Right of Way Section.)<br /> <br /> :If a situation is encountered where the cost of moving an item that cannot be replaced or suitably substituted is substantially more than its value, provide all facts to the Right of Way Section and request procedural instructions prior to making a commitment to the relocatee. Facts submitted must clarify the importance and/or necessity of the item in carrying out the relocatee's business, farm or nonprofit operation.<br /> <br /> ===236.8.6.4 Tangible Property Losses===<br /> <br /> The owners of displaced businesses, farm operations or nonprofit organizations (either partial or complete displacement), who are eligible for a moving cost payment, can elect not to move some, or all, of their personal property and be reimbursed for the monetary loss they will experience by not moving such items '''provided''':<br /> <br /> :1. that such loss does not exceed the estimated cost of moving the item(s) involved, and<br /> <br /> :2. the relocatee made a bona fide effort to sell the items involved '''unless''' the district determines that such effort is not necessary (items &quot;traded-in&quot; on replacements will be considered as having been sold).<br /> <br /> Relocatees should not be excused from the requirement in 2 above unless it is rather obvious that the item(s) involved have no resale value. (When the district determines that an effort to sell is not necessary, the unit file must be documented to justify the decision.)<br /> <br /> The fact that relocatees claim tangible property losses for some of the items involved has no effect on their moving cost claim covering other items that were relocated. The district must be very sure, however, that the cost of moving items included as a tangible loss are not also included in a moving cost claim. (Items for which tangible property losses are paid must not be included in moving cost inventories, bids and estimates or moving cost agreements.)<br /> <br /> The tangible property loss payment will be the lesser of:<br /> <br /> :1. the depreciated in-place value of the item, less the proceeds from its sale, or<br /> <br /> :2. the estimated cost of moving the item including disassembling and reassembling, but with '''no''' allowance for storage, or <br /> <br /> :3. for reconnecting a piece of equipment, if the equipment is in storage or not being used at the acquired site.<br /> <br /> The term &quot;depreciated in-place value&quot; is synonymous with &quot;fair market value of the item for continued use at the displacement site.&quot;<br /> <br /> Items &quot;traded-in&quot; on replacements will be considered as having been sold.<br /> <br /> When payment for property loss is claimed for goods held for sale, the in-place value will be based on the cost of the goods to the relocatee, not on its potential selling price.<br /> <br /> The following procedure is applicable when eligible displacees desire to claim tangible property losses:<br /> <br /> '''Step One''': Ask the relocatee to prepare a statement showing the depreciated in-place value of each item involved. (The statement must explain and support the assigned in-place values.) If the district disagrees with the depreciated values shown in the statement, it should obtain its own value estimates for use in determining the property loss payment.<br /> <br /> In addition, the statement must show the proceeds from the sale of each item and the resulting net property loss assigned to each item. (The proceeds from the sale or, if applicable, the trade-in value allowance in the purchase of a substitute item, must be documented.)<br /> <br /> '''Step Two''': Prepare or obtain an estimate of the cost of moving the items involved to the replacement site, normally not to exceed 50 miles distance. (If the operation is discontinued, the moving cost estimate will be based on a moving distance of 50 miles.)<br /> <br /> '''Step Three''': Determine which is lesser, the net losses determined in step one or the moving cost estimate obtained in step two. The relocatee will be entitled to the lesser amount as a tangible property loss payment.<br /> <br /> Copies of the relocatee's statement and moving cost estimate should be attached to the file copy of the moving cost claim.<br /> <br /> Note that the relocatee's costs in selling the items involved can be included in the moving cost claim as an incidental moving cost; therefore, such costs are not considered in determining the tangible property loss payment.<br /> <br /> A space is provided on the moving cost claim form for claiming tangible property losses.<br /> <br /> ===236.8.6.5 Junkyards===<br /> <br /> Before paying for moving a junkyard, the district must determine that it is a legal operation. If it is not a legal operation, the owner will not be eligible for a moving payment. To obtain a determination concerning the legal status of each junkyard encountered, contact the Outdoor Advertising Manager, and provide answers to the following questions. <br /> <br /> :(a) Is the junkyard owner also the owner of the real estate on which it is located? If so, when did they purchase the real property? If rented, when did they occupy it?<br /> <br /> :(b) Was the junkyard established before or after the real property was purchased or, if applicable, rented?<br /> <br /> :(c) How far is the junkyard from the nearest highway and the type highway involved?<br /> <br /> :(d) Is it visible from the highway, and if not, why not?<br /> <br /> :(e) Is the junkyard properly licensed?<br /> <br /> :(f) Is it located within a city limits? If so, which city?<br /> <br /> It is also necessary, before a moving cost payment can be made for relocating a junkyard, that it be relocated on a legal site and in a legal manner. (If doubt exists concerning its legality after the move, the Outdoor Advertising Manager should again be contacted for a decision.)<br /> <br /> If a junkyard was a legal operation prior to the highway acquisition, and if it is reestablished as a legal operation after the move, and if the owner is otherwise eligible, the department will pay a business moving cost claim in the same manner as any other business.<br /> <br /> Eligible junkyard owners can also be reimbursed for the cost of moving the personal property (scrap) to a disposal site or recycling center where scrap is sold and '''physically destroyed'''. (Under no circumstances, however, can the owner become eligible for a moving cost payment if the personal property is sold and/or delivered to any person, company or firm who will retain or resell it as scrap.)<br /> <br /> Even though a junkyard is illegal, and as a consequence a routine moving cost payment cannot be made, the owner can still normally be paid for moving tools and equipment, other than junked car bodies, such as welding apparatus, hoists, air compressors, lathes, etc. Under this condition, he/she can also normally be paid for moving automotive or machinery parts that have been removed from disabled vehicles or equipment and placed in stock for sale. The portion for which the department will not pay moving costs, when the operation is illegal, normally relates to junked car bodies and parts.<br /> <br /> ===236.8.6.6 Reestablishment Expense===<br /> <br /> In addition to the moving payments previously described, a small business, as defined in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(1)]], farm, or nonprofit organization may be eligible to receive a reestablishment payment not to exceed $25,000. This payment is for expenses actually incurred in relocation and reestablishment at a replacement site and does not apply to part-time businesses in the home that do not contribute materially to the household income as defined in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(o)]]. Utilize [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocation%20Business%20Reestablishment%20Cost%20Agreement%20Form%20236.8.6.6.pdf RA Form 236.8.6.6] (Relocation Business Reestablishment Cost Agreement) when advance payments are a necessity.<br /> <br /> '''(a) Eligible Expenses'''<br /> <br /> Reestablishment expenses must be reasonable and necessary, as determined by the department. They may include, but are not limited to the following:<br /> <br /> :(1) Repairs or improvements to the replacement real property as required by federal, state or local law, code or ordinance.<br /> <br /> :(2) Modifications to the replacement property to accommodate the operation or make the replacement structures suitable for conducting the operation.<br /> <br /> :(3) Construction and installation costs for exterior signing to advertise the operation. If the relocatees were paid for a sign at the displacement site, their eligibility will be limited to the difference between what they were paid for the sign and the amount necessary to replace it with a comparable sign. Relocation agents should obtain the amount paid for the sign from the [[media:Form 236 6.6.6.doc|Form 236.6.6.6]]. Salvage value should be included as part of the replacement cost.<br /> <br /> :(4) Provisions for utilities from the right of way to improvements on the replacement site.<br /> <br /> :(5) Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling or carpeting.<br /> <br /> :(6) Feasibility surveys, soil testing and marketing studies, excluding any fees or commissions directly related to the purchase or lease of such site.<br /> <br /> :(7) Estimated increased costs of operation during the first two years at the replacement site for such items as:<br /> <br /> ::a. lease or rental charges,<br /> <br /> ::b. personal or real property taxes,<br /> <br /> ::c. insurance premiums, and<br /> <br /> ::d. utility charges, excluding impact fees.<br /> <br /> The relocation agent must verify that replacement sites were not available which would allow the operation to relocate without increased operating costs. The unit file must contain documentation of this verification.<br /> <br /> :(8) Impact fees or one-time assessments for anticipated heavy utility usage.<br /> <br /> :(9) Other items that the department considers essential to the reestablishment of the operation.<br /> <br /> In no event can the total reestablishment cost exceed $25,000.<br /> <br /> '''(b) Ineligible Expenses'''<br /> <br /> The following is a nonexclusive listing of reestablishment expenses not considered to be reasonable, necessary or otherwise eligible.<br /> <br /> ::(1) Purchase of capital assets, such as office furniture, filing cabinets, machinery or trade fixtures.<br /> <br /> ::(2) Purchase of manufacturing materials, production supplies, product inventory, or other items used in the normal course of the operation.<br /> <br /> ::(3) Interior or exterior refurbishment at the replacement site which are for aesthetic purposes, except as allowed in paragraph (a)(5) above.<br /> <br /> ::(4) Interest on money borrowed to make the move or purchase the replacement property.<br /> <br /> ::(5) Payment to a part-time business in the home which does not contribute materially to the household income.<br /> <br /> ===236.8.6.7 Ineligible Moving Expenses===<br /> <br /> The following expenses are not eligible for reimbursement and/or payment under the Relocation Program and must not be included in moving cost claims:<br /> <br /> :1. The cost of moving structures, improvements or other real property in which the displaced person reserved ownership.<br /> <br /> :2. Interest on a loan to cover moving expenses.<br /> <br /> :3. Loss of goodwill.<br /> <br /> :4. Loss of profits.<br /> <br /> :5. Loss of trained employees.<br /> <br /> :6. Any additional operating expenses of a business, farm or nonprofit organization incurred because of operating in a new location except as provided for in [[236.8 Relocation Assistance Program#236.8.6.6 Reestablishment Expense|EPG 236.8.6.6(a)(7)]].<br /> <br /> :7. Personal injury.<br /> <br /> :8. The cost of preparing the application for moving and related expenses.<br /> <br /> :9. Any legal fee for representing the relocatee in relocation matters, including appeals.<br /> <br /> :10. Expenses for searching for a replacement dwelling.<br /> <br /> :11. Physical changes to the real property at the replacement location of a business, farm or nonprofit organization except as provided for in [[236.8 Relocation Assistance Program#236.8.6.6 Reestablishment Expense|EPG 236.8.6.6(a)(1)(2)(3)(4) and (5)]].<br /> <br /> :12. Costs for storage of personal property on real property owned or leased by the displaced person except as provided for in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(a)(l)]].<br /> <br /> :13 Costs incurred to comply with OSHA, federal, state or local requirements except as provided for under [[236.8 Relocation Assistance Program#236.8.6.6 Reestablishment Expense|EPG 236.8.6.6(a)(1)]].<br /> <br /> :14. Refundable security and utility deposits.<br /> <br /> ===236.8.6.8 Residential Moving Cost Payments===<br /> <br /> '''(a) Definition of Residential Moving Costs'''<br /> <br /> Residential moving cost payments discussed in this paragraph relate to all personal property generally classified as household goods, furniture, appliances and any other items used in the establishment and maintenance of a home and is not used in the operation of a business, farm or nonprofit organization. Propane gas tanks owned '''by the gas company''' (not treated as structures owned by others in the appraisal) are normally moved under the procedure approved for partial displacement business moves as discussed later in this section.<br /> <br /> '''(b) Residential Moving Cost Payments; General'''<br /> <br /> Relocated individuals or families can be paid the actual, reasonable cost of a residential move accomplished either by a commercial mover of their choice or by themselves as a &quot;self-move,&quot; or they can elect to receive a predetermined amount based on the department's &quot;Fixed-Payment Moving Cost Schedule.&quot; Each of these three options will be discussed in the following paragraphs.<br /> <br /> In order to obtain a moving cost payment, a displaced owner must file a written claim with the district office, on a claim form provided by the department, within eighteen months after the later of the following dates:<br /> <br /> :(1) the date of displacement, which is the date that the move is completed, or<br /> <br /> :(2) the date of final payment for the displacement dwelling, including condemnation awards.<br /> <br /> Tenants must submit their claims within 18 months after the above-defined date of displacement.<br /> <br /> Moving cost payments cannot be made to relocatees until after the move has actually been conducted unless due to severe hardship when an advance payment was authorized.<br /> <br /> It is the district's responsibility to ascertain that amounts claimed as moving costs are reasonable and that receipts, statements and other documentation are both applicable and adequate. Required documentation '''must''' be retained in the district unit file. Claim forms submitted to the Right of Way Section for payrolling need not be accompanied by these supporting documents.<br /> <br /> '''NOTE''': The department will not normally reimburse relocatees for payments to separate movers (a) different mover than the firm which conducts their routine move) for moving works of art, paintings and other specialty items '''unless''' (1) the mover who conducts the routine move is unwilling to move such items, (2) the mover is not considered capable, or (3) the mover is not adequately insured to cover the items involved.<br /> <br /> '''(c) Fixed-Payment Moving Cost Schedule'''<br /> <br /> Individuals and families, who are displaced from their dwelling, or from a seasonal residence, can elect to receive a moving cost payment based on the department's &quot;Fixed-Payment Moving Cost Schedule.&quot; When a partial residential move is involved and the relocatee (occupant or non-occupant) elects to conduct a self-move based on the fixed-rate schedule, a flat rate of $100 per room or equivalent will be used not to exceed $1,000. (See [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Fixed%20Payment%20Moving%20Cost%20Claim%20Form%20236.8.6.8.D.pdf RA Form 236.8.6.8(d)]. Enter the total number of rooms in the first blank of no. 1. The second space will be the number of rooms times $100.)<br /> <br /> Succeeding owners of a deceased relocatee's personal property who did not also occupy the subject dwelling, and who therefore were not themselves displaced by the acquisition, are not eligible for a &quot;fixed-payment&quot; moving cost payment based on $100 per room not to exceed $1,000. <br /> <br /> The fixed-payment schedule is intended to be sufficient to cover a relocatee's entire moving expenses and when a moving cost payment is based on this option, no other incidental moving cost payments will be made.<br /> <br /> The approved fixed-payment schedule is displayed as [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Fixed%20Payment%20Moving%20Cost%20Schedule%20Form%20236.8.6.8.C.pdf Form 236.8.6.8(c)], at the end of this section. The following is an explanation of the schedule, which covers three types of occupants. [[236.8 Relocation Assistance Program#236.8.6.2 General Moving Cost Policies|(EPG 236.8.6.2(d)]], if two families occupy the same single-family dwelling unit.)<br /> <br /> '''Schedule A''': This covers situations in which a relocatee occupies and provides the furnishings for a dwelling unit. The following interpretations of the schedule are applicable.<br /> <br /> :(1) That an attic, basement, enclosed porch, separate shed or other similar-type storage areas can qualify as a compensable room, provided that such area contains furniture, appliances and/or other personal property reasonably equivalent to a routine furnished room. (Bathrooms, hallways and closets do not qualify and must not be counted as separate rooms.) NOTE: If the amount of personal property in a room or space actually contains more than the normal contents, the room count can be increased accordingly.<br /> <br /> :(2) That owner-occupants of mobile homes which are classified as '''real property''' shall be paid under this subschedule for moving their furnishings in the same manner as owner-occupants of conventional dwellings, based on the number of rooms in the subject mobile home.<br /> <br /> '''NOTE''': If an owner retains salvage rights to a mobile home and moves it to a new location, he/she would be entitled to a moving cost payment under the fixed-payment schedule for moving his/her furnishings even though the furnishings were not removed from the unit at the time it was relocated. (If the furnishings were necessarily removed from the unit and moved separately, the relocatee could elect to receive payment based on the actual cost of moving the '''furnishings'''. If the furnishings were not removed, the payment would, of necessity, be based on the fixed schedule.) Under no circumstances could the owner be paid for moving a mobile home that was acquired by the department as part of the real property. (Also see [[236.8 Relocation Assistance Program#236.8.6.2 General Moving Cost Policies|EPG 236.8.6.2(c)]], that provides compatible instructions relating to owners who retain and move their conventional dwellings.)<br /> <br /> :(3) If mobile home tenants own the furnishings within the unit, they shall be paid under this subschedule as any other tenants of conventional units who provides their own furnishings. Be very sure that each room in the mobile home contains enough detached (movable) furnishings to make it eligible to qualify as a compensable furnished room under the schedule. If some rooms are considered to be ineligible to qualify as a furnished room due to being sparsely furnished, it is proper to combine two or more of such rooms to qualify as one compensable furnished room.<br /> <br /> :(4) The number of &quot;eligible rooms&quot; on which the fixed-payment amount is based will be established by the relocation agent who is assigned to the unit at the initiation of negotiations and '''must''' be compatible with the number of rooms reflected in the Relocation Agent's Report, [http://eprojects/Templates/RW/Chapter%208_Relocation/Relocation%20Report%20Form%20236.8.5.4.pdf RA Form 236.8.5.4]. If the number of rooms shown in the applicable Relocation Agent's Report differs from the number shown in the Relocatee Needs Questionnaire, the &quot;difference&quot; must be explained under &quot;Comments&quot; on the Relocation Agent's Report.<br /> <br /> '''NOTE''': If an eligible relocatee who selects the fixed-payment moving cost option is also conducting a business operation '''in the home''', which does not qualify for a fixed-payment non-residential moving payment, it shall be considered to include the cost of moving '''all''' personal property located therein, both residential and business, and no other moving cost payment relating to the expenses of relocating such items will be authorized. (Should a fixed-payment non-residential moving payment be involved, or a separate business move, be very sure that the personal property related to the business is not considered when determining the number of eligible rooms that are to be included in the schedule payment.)<br /> <br /> If a business operation, as discussed in the preceding paragraph, is being conducted on the residential property (&quot;residential property&quot; relates to the land on which the dwelling is located and normal in size for a residential building lot in the area), but is in a '''separate building''' than the residence, the relocatee shall be permitted to select the fixed-payment option for the residential move and a separate business move (actual costs) covering the personal property used in relation to the business. Be sure that there is no duplication of payment involved. (Also see [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8]](g)).<br /> <br /> Personal property that is merely stored in sheds and &quot;outbuildings&quot; located on the residential property (no business operation involved) shall be included in the fixed moving cost payments, if such option is selected by the owner, regardless of the type of items involved and no separate moving cost payment shall be authorized.<br /> <br /> When a right of way acquisition includes an occupied residence located on a parcel larger in size than a normal building lot in the area, including those located on farms, the qualified owner shall be permitted to select the fixed-payment option for the residential move and also claim the actual cost of moving any items of personal property located on such &quot;extra land.&quot;<br /> <br /> '''Schedule B''': This applies to occupants when the furnishings in a dwelling unit are owned by someone other than its occupant, normally by the landlord in &quot;furnished units.&quot; (&quot;Sleeping rooms&quot; would normally fall within this category.)<br /> <br /> The occupants of mobile homes who do not own the unit or its furnishings shall be paid by use of this subschedule as any other occupant of a conventional furnished dwelling unit based on the number of rooms in the subject mobile home. The owner of the furnishings cannot be paid a fixed-schedule payment, but could normally qualify for a moving payment based on actual costs.<br /> <br /> Mobile home owners and tenants who occupy and leave their furnishings in a mobile home during the time it is being moved, and continue to occupy it after it is relocated, are not entitled to a fixed-payment. (The owner will be paid for moving the mobile home on an actual cost basis.)<br /> <br /> '''(d) Claim Form; Fixed-Payment Moving Cost Payment ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Fixed%20Payment%20Moving%20Cost%20Schedule%20Form%20236.8.6.8.C.pdf RA Form 236.8.6.8(c)])'''<br /> <br /> '''NOTE''': Several of the instructions discussed in this subparagraph, as noted, apply to all claim forms used in carrying out the Relocation Program and will not be repeated when other claim forms are discussed later in this manual.<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Fixed%20Payment%20Moving%20Cost%20Claim%20Form%20236.8.6.8.D.pdf RA Claim Form 236.8.6.8(d)], has been developed for the use by relocatees in claiming moving cost payments which are based on the &quot;Fixed-Payment Moving Cost Schedule.&quot; This form must be used in making claims of this type.<br /> <br /> The following general statements apply to '''all''' relocation claim forms.<br /> <br /> :(1) The claim form is to be completed by the relocatee (with the relocation agent's assistance if requested). <br /> <br /> :(2) The original claim form is to be signed. If a married couple is involved, both spouses must sign the claim. If the head of a household is single, or legally separated, his or her signature is adequate. If individuals are involved, no head of household, each person who is entitled to a share of the payment must sign the claim.<br /> <br /> A minor who is entitled to a relocation payment can sign his/her claim form. If a guardian has been appointed for the minor, the guardian should also sign the claim. In cases where infants or young children are involved, a guardian should always sign the claim on the child's behalf and the minor would not, of course, be required to do so.<br /> <br /> Guardians who execute claims should specifically sign as such by signing their name and writing immediately thereafter &quot;guardian for minor(s) '''(minor'(s)' name(s))'''&quot;.<br /> <br /> When cities or political subdivisions are involved, the claim is to be signed by the mayor or other applicable principal executive officer. Business and nonprofit organization claims are to be executed by the president or other principal officer of the firm or organization.<br /> <br /> :(3) When individuals are involved, the persons to whom the check is to be made payable should be the same as those who signed the claim (see [[236.8 Relocation Assistance Program#236.8.12 Relocation Assistance Program - Down Payment Assistance|EPG 236.8.12.4(b)]], concerning payee when down payment escrow agreement is used). In cases where both a minor and his/her guardian sign a claim list '''both''' as &quot;payees,&quot; in the following manner: &quot;('''minor's name''') and ('''guardian's name''') guardian for minor ('''minor's name''').&quot; If only the guardian signs the claim, omit the minor's name and reflect the guardian's name in the same manner as set out above, to wit: &quot;('''guardian's name''') guardian for minor ('''minor's name''').&quot; (If more than one minor is involved, list all of their names in the appropriate spaces.)<br /> <br /> Claims from businesses and organizations are normally signed as &quot;('''name of business''') by ('''individual'''), ('''title of individual''')&quot;, for example, &quot;Jones Construction Co. by John Jones, President.&quot; In this case, the check should be made payable to &quot;Jones Construction Co.&quot; An exception would exist when the operation is being conducted under a fictitious name, in which case, the name of the individual must also be included on the check in the same manner as it appeared in the claim signature. Claims from operations being conducted under a fictitious name will normally be signed in the following manner &quot;John Jones doing business as Jones Construction Company.&quot;<br /> <br /> The amount to be shown on the first line on the back of the form must be the same as the amount claimed and set out in the relocatee's certification on the front of the claim and the amount reflected in the certification on the back of the form.<br /> <br /> As noted, the next section on the back of the form is to be completed by the district and division accounting units. The balance of the reverse side of the form must be completed by the Relocation Section.<br /> <br /> :(4) Claims will not be processed for payment unless the check list &quot;boxes&quot; on the back of the form are checked, or an explanation is provided in &quot;Comments&quot; to justify a negative answer of &quot;unchecked&quot; box. Claims received in the Financial Services Division office that have not been completely filled out will be returned to the district for correction. (All spaces should be filled out or, if applicable, marked &quot;N/A&quot;.)<br /> <br /> :(5) If the claim is approved as submitted by the claimant, the amount so approved should be inserted in the space provided on the first line of the section provided for the district's certification.<br /> <br /> The district's certification, which covers three specific points, must be signed by the person assigned the responsibility of carrying out the Relocation Program in that district. In the absence of the individual authorized to sign such certificates (during vacation and sick leave), they may be executed by the district Right of Way Manager. (If someone else is designated to check the detailed items set out on the back of claim forms, such as &quot;Mathematical Computations Checked and Found Correct,&quot; etc., it is recommended that his/her, initials also appear on the back of the form.)<br /> <br /> :(6) If the claim is not approved, the reasons for its rejection must be set out in the last section of the form or, if necessary, on an attached sheet. This section must be signed by the same person authorized to sign certificates as discussed above, and also by the district Right of Way Manager to show that he or she agrees that claim rejection is necessary under the circumstances involved.<br /> <br /> Should the district Right of Way Manager desire to approve and submit for payment a claim which the person responsible for relocation, does not agree with, he/she must sign in the first signature space provided and the district engineer must co-sign in the space provided for concurrence. <br /> <br /> Detailed instructions concerning this particular claim form are as follows:<br /> <br /> The heading is considered self-explanatory.<br /> <br /> The term &quot;conventional&quot; used in the first line of the first section should be interpreted to mean any dwelling unit other than a mobile home. The space provided to show if &quot;two or more families&quot; are involved relates to situations where two heads of household are occupying the same unit. (If so, see [[236.8 Relocation Assistance Program#236.8.6.2 General Moving Cost Policies|EPG 236.8.6.2(d)]]) The space provided to show &quot;two or more individuals&quot; should be used when two or more individuals, with no identifiable head of household, occupy the same dwelling unit. Normally only one payment will be made and the amount thereof will not be changed or affected if such individuals move to separate replacement units. (See Exception in [[236.8 Relocation Assistance Program#236.8.6.2 General Moving Cost Policies|EPG 236.8.6.2(d)(2)(a)]]. In the second section show the addresses and dates as required. If a new house was constructed on the relocatee's remaining property, or other land he/she owned, check only the space entitled &quot;New House Construction.&quot; If he/she purchased a site and built a new house thereon, check this space and also the space entitled &quot;Purchased.&quot; The last line in this section refers to the subject replacement unit. (Did the department assist the relocatee in finding this particular replacement unit?)<br /> <br /> The third section that shows the payment computation, as well as the balance of the front of the form, is considered to be self-explanatory.<br /> <br /> Claims processed before the relocatee's new address and phone number are known, and before the occupancy date can be established, must be marked in the appropriate spaces on the form, &quot;Move Not Completed To Date.&quot; The district '''must''' obtain this information after the move is completed and document the files accordingly.<br /> <br /> '''(e) Residential Move by Commercial Mover; General'''<br /> <br /> Moves in this category include all situations where eligible relocatees employ and pay someone (normally a moving company or trucking firm) to move their personal property from the unit acquired by the department to replacement unit and claim reimbursement from the department for their actual and reasonable expenses. Normally applicable incidental moving expenses paid by such relocatee, as previously discussed under [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3]], are available for reimbursement under this moving payment option. (Partial displacements are discussed under a separate heading later in this section.)<br /> <br /> '''Step One''': The '''district''' must obtain at least two lump sum moving cost bids (in duplicate) from commercial movers who are qualified to conduct the relocatee's move. Each bid must reflect the total amount that will be charged for conducting the move.<br /> <br /> The relocatee must be given a reasonable opportunity to help select the two moving firms who will be asked to bid on his/her move. This can be accomplished by assembling a list of all certified moving companies in the area which are acceptable to the department. In rural and out-of-state areas, which are not readily served by certified movers, it is permissible to include the names of other local trucking companies who are equipped and capable of conducting the move.<br /> <br /> '''NOTE''': The Department of Economic Development, P. O. Box 1216, Jefferson City, Missouri 65102, maintains an approved list of certified movers.<br /> <br /> The reasonable preference of the relocatee should be honored; however, the district is not permitted to accept unreasonable requests which would not reflect good business practices, or which involve moving firms not acceptable to the department. If it is not reasonably possible to agree with the relocatee, the district has authority to carefully select qualified movers and to proceed without the relocatee's concurrence.<br /> <br /> Bids should not normally be obtained until after the relocatee has selected his/her replacement property so that the actual mileage involved will be considered. (See [[236.8 Relocation Assistance Program#236.8.1.14 Rental of Department-Owned Property|EPG 236.8.1.14(d)(l)]], if the relocatee is permitted to continue in occupancy after the end of the normal 90-Day possession period under an extension of possession agreement.)<br /> <br /> The department will not normally pay for bids in this situation as commercial movers will be bidding on an actual job, and if successful, will normally be employed by the relocatee to conduct the move; however, when unusual conditions warrant, reasonable payments can be made for the bids.<br /> <br /> Both bids must be on the same basis; for example, both bidders should include or exclude utility disconnections and reconnections. When requesting bids, always specify the exact services that are to be performed by the bidder. If bids are received which are not based on the same services to be performed, they must be revised by the bidder until they are based on compatible services. (If the district has reason to believe that the lowest of the two bids are not reasonable, they should obtain an additional bid from another commercial mover.)<br /> <br /> Copies of all bids must be retained in the unit file.<br /> <br /> Arrangements for making the move are the responsibility of the relocatee. The department will not contact or employ the mover on behalf of the relocatee and will not supervise the move except under unusual circumstances and then only after specific approval is granted by the Right of Way Section. Approval will not be granted unless the relocatees are physically or mentally incapable of such actions and when they do not have anyone else who is willing and able to do it for them.<br /> <br /> '''Step Two''': Submit copies of the bids to the relocatee together with one copy of a blank Moving Cost Agreement, [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Commercial%20Actual%20Cost%20Residential%20Form%20236.8.6.11.A.docx RA Form 236.8.6.11(a)]. Moving Cost Agreements prepared to provide a firm record of the pre-move agreement between the owner and the department are discussed in [[236.8 Relocation Assistance Program#236.8.6.11 Moving Cost Agreements|EPG 236.8.6.11]]. The relocatees must be advised to complete their portion of the agreement, reflecting the low bid therein, and return it to the district office for execution by the department. They should also be advised to wait until they receive an executed copy of the agreement from the district before authorizing the moving firm to conduct the move. The relocatees can employ any moving firm they desire to conduct their move; however, their moving cost payment will be for their actual cost '''not to exceed''' the low bid reflected in the Moving Cost Agreement.)<br /> <br /> As will be noted in the agreement form, the department will pay the relocatee '''either''' the actual and reasonable cost of conducting the move (as documented by paid receipts or other proof of expenditure) or an amount equal to the lowest of the two bids, whichever is the lesser. The department will also reimburse the actual cost of eligible (and reasonable) incidental costs as previously discussed.<br /> <br /> '''Step Three''': When the Moving Cost Agreement is received by the district from the relocatee, it should be reviewed, and if found proper, completed and signed.<br /> <br /> '''Step Four''': After the approved &quot;Moving Cost Agreement&quot; is returned to the relocatee by the department, the relocatee should cause the move to be completed, pay all moving and incidental costs and obtain paid receipts for each separate expenditure.<br /> <br /> '''Step Five''': After the move is completed and all applicable costs paid, the relocatee should file a claim for reimbursement using [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Commercial%20Form%20236.8.6.12.A.docx RA Form 236.8.6.12(a)]. No other claim form will be acceptable under this payment option. The claim must be filed within the 18-month period discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(b)]], (RA Form 236.8.6.12(a) is discussed in detail in [[236.8 Relocation Assistance Program#236.8.6.12 Claim Forms - Actual Cost Moving Cost Payments|EPG 236.8.6.12(a)]]).<br /> <br /> '''(1) Mobile Homes'''<br /> <br /> The owners of mobile homes that have been classified as personal property can claim the actual and reasonable cost of moving the unit to any location within 50 miles distance. The following policy is applicable for both mobile home owner-occupants and non-occupant owners.<br /> <br /> The owners of displaced mobile homes must follow the same five steps outlined in the preceding subparagraph to obtain reimbursement for the move. Moving cost bids should be from qualified bidders who are equipped and capable of moving mobile homes. When requesting bids for moving mobile homes, which preferably should be done in writing, always specify whether or not the mover will be expected to replace skirting, steps, underpinning, tie downs, to make utility disconnections and reconnections, and/or to provide any other services necessary to move and reestablish the mobile home. If bids are received which are not based on the same services to be performed by the bidders, they must be revised until they are based on compatible services.<br /> <br /> The department will reimburse the relocatee for incidental expenses related to the move, including disconnection and hookup of utilities and appliances. The cost of disconnecting water, sewer and gas service is also available for reimbursement, as is the cost of reconnection to public or private water, sewer and gas systems that are available at the replacement site. The cost of converting gas heating and/or cooling facilities from natural gas to LP gas, or visa versa, as necessary at the replacement site, can be included as a reimbursable incidental expense. The cost of extending water, sewer, electric or other utility lines to or on the replacement site, which is actually a capital improvement to the site, is not eligible for reimbursement as an incidental moving cost.<br /> <br /> The reasonable cost of removing &quot;skirting&quot; that was in place around the mobile home at the displacement site and the reasonable cost of reinstalling it at the replacement site can be included as a compensable moving cost expenditure. Should the skirting that was removed at the displacement site not be reusable at the replacement site, for a justifiable reason not caused by carelessness or negligence on the part of the relocatee, the reasonable cost of new skirting, together with its installation cost, can be included in the moving cost payment '''provided that''' the relocatee was not otherwise reimbursed for the loss of such existing skirting.<br /> <br /> If there was no skirting around the unit at the displacement site, the department will not participate in the cost of skirting at the replacement site '''unless''' skirting is specifically required to make the subject mobile home acceptable in the '''only''' comparable replacement mobile home site available to the relocatee.<br /> <br /> The reasonable &quot;tie-down&quot; costs at the replacement site can be a compensable incidental moving cost '''if''' the unit was tied down at the displacement site or is necessary to meet decent, safe and sanitary requirements.<br /> <br /> The reasonable cost of moving, or if more economical, the cost of replacing steps, porches, air conditioner platforms and other mobile home appurtenances of this nature (excluding hard surface &quot;pads&quot;), which are owned by the relocatee and which were not considered to be a part of the real property, can be considered as compensable incidental moving costs.<br /> <br /> Professional mobile home movers normally provide temporary replacements for missing and unserviceable wheels and/or tires as necessary to conduct a specific mobile home move as a part of their routine moving cost charge. Therefore, the department will not reimburse a mobile home owner for the replacement cost of missing and unserviceable wheels and/or tires, unless the district specifically confirms that the replacement of such items was necessary to conduct the move '''and''' that a mover was not available who would provide these items, or that the cost of replacing missing wheels and/or tires was less expensive than employing a mover who would provide these items as a part of his/her moving costs.<br /> <br /> The cost of providing a foundation for the mobile home on the replacement site is not a reimbursable moving expense '''except''' in instances where the mobile home was located, prior to the acquisition, on land owned by another party and the subject relocatees had provided their own unmovable foundation thereon, in which case, the actual and reasonable cost of providing a comparable foundation on the new site will be considered a reimbursable cost. (The value of such foundations, located on land owned by the same relocatee that owns the mobile home, will have been included in the routine right of way payment to the owner and a &quot;second&quot; payment under the Relocation Program would be considered duplication. The fact that such value was erroneously omitted from the right of way payment will not make the cost of a foundation reimbursable under this program.) The term &quot;foundation,&quot; as used in this paragraph, does not relate to or include concrete or other hard surface &quot;pads,&quot; even though such pads were built by the relocatee. Pads, due to their relationship to the property, will be considered a part of the real property and the replacement cost thereof cannot be included in moving cost payments.<br /> <br /> Those who purchased mobile homes from previous owners (other than mobile home dealers) prior to December 19, 1983, were not required to pay sales tax on the purchase price '''so long as''' the unit remained on the site it occupied at the time of purchase. If and when the unit is moved to a different site, the owner must then license the unit and pay sales tax on the amount he/she originally paid for it. Therefore, when a mobile home in this category is displaced by the department, and if the owner is required to pay sales tax as a result of the displacement, it is proper to consider sales tax and license as compensable incidental moving costs. <br /> <br /> After December 19, 1983, sales tax on pre-owned mobile homes is due and payable within 30 days after the date of purchase. Failure to comply by the buyer is a violation of law. Therefore, &quot;delinquent&quot; sales tax paid at the time of displacement, but which should have been paid at the time of the owner's purchase, will '''not''' be reimbursable under the Relocation Program.<br /> <br /> '''(f) Residential Self-Move'''<br /> <br /> '''Self moves based solely on the lower of two bids are not eligible for reimbursement'''.<br /> <br /> Individuals and families may conduct a self-move if they so desire, to include both occupant and non-occupant owners of mobile homes which have been designated as personal property based on the '''ACTUAL AND REASONABLE COST INCURRED''' to accomplish the move. All costs claimed under this option must be documented using [http://eprojects/Templates/RW/Chapter%208_Relocation/Actual%20Cost%20Self%20Moves%20Form%20236.8.6.8F.docx RA Form 236.8.6.8(f)].<br /> <br /> The relocatees and/or other individuals time required to accomplish the move such as packing, loading, transporting, unloading and unpacking of personal property may be considered as a cost incurred. The hourly rate charged for time shall not exceed the rate per hour paid to employees of local moving companies for the same unskilled tasks. The hourly rate shall be established periodically by district right of way personnel and relocatees advised of the approved rate at the time the moving option is explained.<br /> <br /> The names of all individuals involved in the moving of personal property, activity performed, starting and ending time each day, plus total hours worked will be part of the documentation the relocatee is required to submit to the district office. The cost of renting equipment to accomplish the move may be claimed provided paid receipts are furnished.<br /> <br /> Mileage reimbursement for personal vehicles used in moving may be claimed at the rate allowed by the Internal Revenue Service. The allowable rate for a given year may be obtained from the District Financial Services Department.<br /> <br /> '''NOTE''': Make sure that the rate given is the actual IRS allowable rate rather than the allowable rate for reimbursement to MoDOT employees for use of their personal vehicles in conducting department business. The odometer reading on personal vehicles must be recorded at the beginning and end of the move.<br /> <br /> Reimbursement for all incidental costs discussed in this chapter is also available under this moving option. It should be specifically pointed out to relocatees, however, that losses in moving and damages incurred in moving will not be paid if insurance covering such losses was available (though not purchased) and also when such losses are due to the fault, negligence or inexperience on the part of the relocatee or because proper moving equipment was not available to them. All incidental expenses claimed by the relocatee must be documented by paid receipts or other proof of expenditures.<br /> <br /> All costs submitted to the department for payment under this moving option shall be reviewed by the relocation agent assigned to the parcel to determine the reasonableness of such costs. If the cost exceeds $1,000, an estimate should be prepared by a right of way employee or commercial mover to determine the reasonableness of the cost. If the estimate is prepared by an employee, previously obtained bids from commercial movers (or previous estimates prepared by employees) to conduct a move on other properties would be a source of information to use in making the estimate. [http://eprojects/Templates/RW/Chapter%208_Relocation/Actual%20Cost%20Self%20Moves%20Form%20236.8.6.8F.docx Form 236.8.6.8(f)], should be provided to the relocatee to record cost to be submitted to the district.<br /> <br /> The 50-mile radius distance rule from displacement property applies to this moving option just as it does to all others; however, the mileage for all '''necessary trips''' between the displacement and replacement site are eligible cost even when total miles traveled exceeds 50 miles.<br /> <br /> A moving cost agreement is not necessary with the self-move option.<br /> <br /> '''(g) Combined Residential and Business or Farm Moves'''<br /> <br /> If a right of way acquisition from the '''same''' property necessitates the relocation of both residential personal property and personal property used in relation to a business or farm operation, and the relocatee selects the &quot;actual cost&quot; payment option (either by commercial mover or self-move), the district has authority to authorize them to include all items involved in one move (the same moving cost estimates, bids, moving cost agreement and claim), or to require the residential and business or farm move to be separated.<br /> <br /> The decision as to whether one overall move, or two separate moves, is involved should be based on the amount and type of personal property involved and on its compatibility in relation to being moved by the same mover and with the same moving equipment. (If it is practical to do so, one &quot;combined&quot; move should be conducted. If this is not practical, however, there should be no hesitancy in authorizing two separate moves as the overall cost should not be substantially different.)<br /> <br /> If the overall personal property relocation is processed as two separate moves, each should be handled as if the other did not exist so far as bids, estimates, moving agreements and claims are concerned.<br /> <br /> If all items involved, residential and business or farm, are handled as one move, it should be considered as a residential move for statistical and reporting purposes.<br /> <br /> Should the relocatee claim, and be paid, a fixed moving payment, the district must be very sure that the cost of moving personal property related to the business or farm operation is not included in the department's moving cost payment.<br /> <br /> See the second unlettered &quot;NOTE&quot; in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(c)]], Schedule A(2), if a relocatee, under a &quot;combined&quot; situation of this type, selects the fixed-payment moving cost option for his/her residential move.<br /> <br /> ===236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments===<br /> <br /> '''(a) Business, Farm and Nonprofit Organization Moving Cost Payments; General'''<br /> <br /> Moving cost payments discussed in this paragraph include all moves except those classified &quot;residential&quot; as defined in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(a)]]. (Moves involving partial displacements are discussed in [[236.8 Relocation Assistance Program#236.8.6.10 Partial Displacements; Residential, Business, Farm and Nonprofit Organization|EPG 236.8.6.10]].<br /> <br /> Owners of businesses, displaced farm operations and nonprofit organizations can either employ commercial movers to relocate their personal property, conduct a self-move, or have a combined commercial and self-move.<br /> <br /> Moves which involve large and/or complicated moving cost payments must be monitored, at both the displacement and replacement sites, by district personnel to the extent necessary to ensure that the personal property involved was actually moved (at the relocatee's expense) to their remaining or replacement property and that the moving cost claim is reasonable and accurate. The unit file should be documented to show that such action was taken. (Also see [[236.8 Relocation Assistance Program#236.8.6.2 General Moving Cost Policies|EPG 236.8.6.2(f)]], Overtime Charges).<br /> <br /> To ensure that the district will have an opportunity to monitor each move, the owners of displaced businesses; farm operations and nonprofit organizations must provide advance written notice of the date the move will begin. Failure to provide the written notice, or to permit district monitoring at both the displacement and replacement sites, can cause forfeiture of moving payment eligibility.<br /> <br /> The district has authority to waive this requirement for non-complicated moves, which do not warrant on-premise monitoring. When the requirement is waived, a justification statement must be placed in the unit file. <br /> <br /> Applicable Moving Cost Agreements discussed later in this section relate to a 5-day advance written notice of the moving date; however, this period is flexible and can be extended or reduced by the district as necessary to fit a particular situation.<br /> <br /> :'''(1) Multi-Family and Single-Family Furnished Rental Units'''<br /> <br /> :The owners of furnished multi-family dwellings or furnished single-family dwellings, which they do not occupy, can be reimbursed for the cost of moving such furnishings as a routine business move under the policies and procedures outlined herein.<br /> <br /> :'''(2) Entire Displacement; Partial Acquisitions'''<br /> <br /> :If the majority of a business property or farm operation is being acquired as right of way, and/or if the right of way acquisition is so severe that the business or farm operation cannot be continued, the owner can be paid for moving all personal property used in connection with the business or farm operation including items located outside of the right of way acquisition, provided that such items are moved within a reasonable time after acquisition normally by the end of the relocatee's authorized possession of the acquired area unless an extended time period is agreed upon in writing between the district and relocatee. The file must be documented to show why the entire business or farm operation must be relocated when a partial acquisition is involved.<br /> <br /> :'''(3) Two or More Owners of Personal Property Involved'''<br /> <br /> :In instances where several different persons or firms own personal property located on business or farm real property being acquired by the department, each owner is entitled to the cost of moving his/her items of personal property. The claim of each personal property owner would be handled separately.<br /> <br /> :'''(4) Buildings Moved With Personal Property Intact'''<br /> <br /> :If business buildings are retained by the owner and moved to a new location without the necessity of removing the personal property therefrom, the owner of such personal property would be entitled to a moving cost payment equal to the additional charge, if any, by the &quot;house mover,&quot; due to the personal property being left in the building during the time it is being moved. Claims involving situations of this type must be supported by bids showing the cost of moving the building with and without the personal property remaining therein.<br /> <br /> '''(b) Business, Farm and Nonprofit Organization; Commercial Mover'''<br /> <br /> Moves in this category include all situations where the qualified owners of displaced businesses, farm operations and nonprofit organizations employ someone to move their personal property from real estate acquired to a replacement site and claim reimbursement for their actual and reasonable moving expenses. Normally applicable incidental moving expenses paid by the relocatee are available for reimbursement under this moving cost payment option.<br /> <br /> If the relocatee moves more than 50 miles distance, the payment will normally be based on the prorated portion of the moving costs that would have been applicable for a 50-mile move. (See [[236.8 Relocation Assistance Program#236.8.6.2 General Moving Cost Policies|EPG 236.8.6.2(b)]], if the move exceeds 50-mile distance.)<br /> <br /> It is permissible for a business, farm or nonprofit organization owner to employ two or more separate commercial movers when necessary, due to the need for specialized moving equipment and/or expertise.<br /> <br /> It is also permissible for such owners to conduct a move by employing a commercial mover to move part of their personal property and move the balance as a self-move.<br /> <br /> Instructions covering the situations discussed in the two preceding paragraphs are provided in the following paragraphs ([[236.8 Relocation Assistance Program#236.8.6.11 Moving Cost Agreements|EPG 236.8.6.11]], Moving Cost Agreements, and [[236.8 Relocation Assistance Program#236.8.6.12 Claim Forms - Actual Cost Moving Cost Payments|236.8.6.12]], Claim Form).<br /> <br /> [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(1)]], if removal and reinstallation costs are expected to exceed $1,000.<br /> <br /> :'''(1) Moving Cost Bids are Available'''<br /> <br /> :The following procedure is applicable when eligible owners of businesses, farm operations and nonprofit organizations elect this moving cost payment option and it is practical (reasonably possible) to obtain prior moving cost bids from qualified moving firms.<br /> <br /> :'''Step One''': Obtain an inventory from the relocatee showing the items of personal property that are to be moved. (The relocation agent can assist the relocatee in the preparation of the inventory if it is in the department's best interest to do so.) It is permissible for small items to be grouped into &quot;lots&quot; or to be &quot;lumped&quot; together in some other type of identifiable unit such as a specific number of bins, boxes, barrels, etc. The relocation agent must make an on-site inspection of the items involved and ensure that the inventory is reasonably accurate. He/she must also ensure that none of the items of personal property listed in the inventory are included in the real estate appraisal as real property. (The &quot;Relocation Agent's Report&quot; must show that the on-site inspection was made and that he/she also determined that none of the items involved were included in the appraisal as real property.) Inventories should normally be prepared either (1) at or near the time of the actual move, or (2) at or near the time that the department acquires the subject parcel, '''whichever occurs first'''. This will ensure, if the move occurs prior to the date of acquisition, that the inventory will reflect all of the items, and only the items, that will actually be relocated and, if it occurs after that date, that only the items that were on hand at the time the property was actually acquired by the department will be included therein.<br /> <br /> :If for any reason the relocatee fails to provide the required inventory, so advise the Right of Way Section before proceeding to the next step.<br /> <br /> :'''Step Two''': The district must obtain at least two moving cost bids, based on the cost of moving the items set out in the above-mentioned personal property inventory, from commercial movers who are qualified to conduct the move. It is highly desirable that the relocatee be given an opportunity to concur in the selection of moving firms who will prepare the bids. (The '''reasonable''' desires of the relocatee should be given serious consideration in making the selection.) Bids should not normally be obtained before the relocatee has selected a replacement site so that the bidders will be aware of the actual mileage involved. (See NOTE A at the end of this subsection if an extension of possession agreement is involved.) If the lowest bid appears unreasonable, the district must obtain an additional bid to ensure that the moving cost agreement will be based on an acceptable amount. It is expected that bids will be provided by the selected moving firms without cost as the movers will be bidding on an actual job; however, for good reason and with prior approval from the Right of Way Section, movers can be paid reasonable fees for preparing bids covering a specific move.<br /> <br /> :Be sure that the bids are prepared on the same basis, same services to be performed by the movers. If bids are received which are not based on the same services, cause the bids to be revised by the bidder(s) until they are compatible.<br /> <br /> :Copies of all bids must be retained for the unit file.<br /> <br /> :'''Step Three''': Submit copies of the bids to the relocatee together with a copy of a blank moving cost agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Commercial%20Mover%20Bids%20Form%20236.8.6.11.B.pdf RA Form 236.8.6.11(b)]. The relocatee must be advised to complete his/her portion of the agreement (reflecting the low bid therein) and return both copies to the district office for execution by the department. The relocatee should also be advised to wait until he/she receives an executed copy of the agreement from the district before authorizing the moving firm to conduct the move. (The relocatees can employ any moving firm they desire to conduct their move; however, their moving cost payment will be for their actual cost '''not to exceed''' the low bid reflect in the moving cost agreement.)<br /> <br /> :'''Step Four''': The Moving Cost Agreement, when received by the district from the relocatee, should be carefully reviewed, and if found proper, completed and signed. A copy is to be returned to the relocatee and the original retained for the unit file.<br /> <br /> :'''Step Five''': After the approved Moving Cost Agreement is returned to the relocatee, he/she should provide the 5-day written moving date notice (unless waived by the district) and cause the move to be completed. The relocatee should be sure that he/she retains all receipts and cost documentation necessary to support the claim. (Normally a paid receipt from the mover plus paid receipts covering eligible incidental moving costs will suffice.)<br /> <br /> :'''Step Six''': After the move is completed, the relocatee must provide the district an inventory of the items of personal property that were actually moved to his/her remaining or replacement property. If all of the items that were included in the original pre-move inventory were moved, the relocatee can use a copy of the same inventory by changing the certification to state that all of the items listed therein were actually moved to the remaining or replacement property. If the items actually moved differ from those listed in the pre-move inventory, he/she can either adjust a copy of the pre-move inventory by &quot;lining off&quot; items that were not moved or prepare a new post-move inventory. (The relocatee can also add eligible items which were omitted from the pre-move inventory, if such items were actually moved, to offset all or a portion of the items that were lined off or removed from the post-move inventory; '''however''', items added cannot cause the payment to exceed the original low bid that was used in the Moving Cost Agreement without specific approval from the Right of Way Section.) In every instance the post-move inventory must contain a statement that all of the items listed therein were actually moved to the relocatee's remaining or replacement property.<br /> <br /> :'''Step Seven''': The district must conduct an on-site review of the post-move inventory to ensure that it is reasonably accurate and that it does not contain any items of real property that were retained and moved by the relocatee. The &quot;Relocation Agent's Report&quot; must show that this action was taken and that both determinations were made. (If the relocatee moves to another state, making it impractical to conduct a post-move on-site inspection, so advise the Right of Way Section and request instructions.)<br /> <br /> :If the post-move inventory is substantially the same as the pre-move inventory, or if it reflects an increase in the number of items and/or quantities, the relocatee can be paid the actual moving costs, not to exceed the approved amount in his/her Moving Cost Agreement. He/she can also be paid eligible documented incidental expenses. (If due to extenuating circumstances the district feels that a moving cost payment should be approved which exceeds the low bid reflected in the Moving Cost Agreement, a well-explained and justified recommendation to this effect should be submitted to the Right of Way Section.)<br /> <br /> :If there is a significant reduction in the number of items and/or quantities listed in the post-move inventory, as compared to the pre-move inventory, take whichever of the two following actions that is applicable.<br /> <br /> ::1. If the mover who submitted the approved low bid that was used in the Moving Cost Agreement actually conducted the move, determine that the charge to the relocatee was appropriately reduced in relation to the original bid that included the cost of moving all items and quantities that were listed in the pre-move inventory. (If it was not appropriately reduced, the district must adjust, or cause to be adjusted, the original low bid amount to eliminate the cost of moving items which were not actually moved. Such adjusted bid amount will be the maximum that the relocatee can be paid, exclusive of documented incidental moving costs.) OR<br /> <br /> ::2. If the actual move was conducted by someone other than the mover who submitted the low bid that was used in the Moving Cost Agreement, it will be necessary for the original bidder to revise his/her bid to eliminate the cost of moving the items and/or quantities which were not actually moved. The revised bid will establish the maximum moving cost payment that the relocatee can receive, exclusive of properly documented incidental moving costs.<br /> <br /> :If it is impractical to obtain a revised bid from the original bidder, document the unit file and obtain a revised bid or estimate from some other source. (Under this circumstance, commercial movers can be paid reasonable fees for revising their original moving cost bids.)<br /> <br /> :'''Step Eight''': The relocatee must file his/her claim for reimbursement within the 18-month period discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(b)]].<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Commercial%20Form%20236.8.6.12.A.docx RA Claim Form 236.8.6.12(a)], must be used in claiming the payment. The claim should include the actual documented cost of the basic move, not to exceed the amount set out in the Moving Cost Agreement or, if applicable, an adjusted amount as discussed in preceding Step Seven, plus allowable and documented incidental expenditures.<br /> <br /> :Note that there is no provision for reimbursement for the cost of time spent by the relocatee or his/her employees in moving as the accepted bid from a qualified mover will normally cover the cost of conducting the move in its entirety with minimum assistance or supervision on the part of the relocatee. (An exception can be made, with prior approval from the Right of Way Section, when substantial additional supervision is required of the relocatee due to the unusual complexity of the move. When such exception is made, it will be necessary to modify the Moving Cost Agreement to cover reimbursement of the actual and reasonable cost of such supervision and to specify the documentation that will be required to support this item of cost on the claim, which will be the same documentation required in following [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(c)(2)]], covering time spent by the relocatee in conducting a move when moving cost estimates are not available. When this cost item is authorized, it is highly desirable that a predetermined maximum supervisory payment amount be established and agreed upon.)<br /> <br /> '''NOTE A''': Extension of Possession Involved<br /> <br /> If a business, farm or nonprofit organization is permitted to continue in occupancy of the subject property under an Extension of Possession Agreement, take the following actions:<br /> <br /> '''One''': Obtain a pre-move inventory of the personal property on hand at the time the department acquires the displacement property, which is normal procedure when the move has not been conducted prior to that time.<br /> <br /> '''Two''': Include clauses in the Extension of Possession Agreement to establish that the relocatee understands and agrees:<br /> <br /> :(1) that his/her moving cost payment will not be made until after he/she actually accomplishes the move and vacates the subject real property,<br /> <br /> :(2) that his/her payment will cover only the reasonable cost of moving the items of personal property that are included in the pre-move inventory that was prepared at the time the department acquired the real property involved and that the cost of moving items of personal property obtained after such inventory was completed will be borne solely by the relocatee. (It will be permissible to modify this clause to allow the reasonable cost of moving additional specifically named items that were on order, though not delivered, at the time the pre-move inventory was made or, with prior approval from the Right of Way Section, to modify it in some other manner as necessary to ensure that the relocatee will be treated fairly and equitably),<br /> <br /> :(3) that the amount of the payment (exclusive of approved incidental costs) will be based on the lowest of two bids obtained from qualified movers just prior to his/her future move, covering '''only''' the cost of moving the items of personal property included in the above referenced pre-move inventory, plus, if applicable, any other specific item as discussed in (2) above, and<br /> <br /> :(4) that the relocatee agrees to notify the district, in writing, of his/her intent to move from the subject real property at least five days in advance of the planned moving date, but after a replacement site has been selected, to enable moving cost bids to be obtained and a Moving Cost Agreement to be prepared and executed.<br /> <br /> '''Three''': Upon receiving notice that the relocatee plans to vacate the subject real property, obtain at least two moving cost bids under the procedure set out in &quot;Step Two&quot; in preceding subparagraph (b). For benefit of the relocatee, the moving cost bids can be based on the total amount of personal property to be moved, even though additional &quot;noncompensable&quot; personal property was placed on the subject real property after it was acquired by the department; '''however''', such bids '''must show separately''' the cost of moving only the items that were included in the pre-move inventory, plus any other specifically approved items. (The approved low bid price for moving the items included in the pre-move inventory, plus the cost of moving any additional items as discussed in preceding subparagraph &quot;two,&quot; will be reflected in the Moving Cost Agreement.)<br /> <br /> '''Four''': Complete the transaction by following the appropriate procedure set out in Steps Three through Eight in preceding subparagraph (b).<br /> <br /> The probability that moving costs will increase during the extended possession period due to inflationary trends, should be considered when determining whether or not to permit a relocatee to continue in occupancy and, if permitted, in determining the amount of the monthly rental fee.<br /> <br /> :'''(2) Moving Cost Bids Are Not Available'''<br /> <br /> :If it is not practical to obtain advance moving cost bids due to the complexity of a move, the relocatee can be authorized by the district (with prior approval from the Right of Way Section) to conduct the move without them.<br /> <br /> :When the requirement for obtaining moving cost bids is waived due to the complexity of the move, follow the procedure set out in following [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(c)(2)]]. Due to the anticipated complexity of a move of this type, the relocatee will be authorized to claim reasonable reimbursement for time spent in supervising the move and for the actual time spent by his/her employees in conducting the move, as well as the reasonable operating cost of company-owned equipment used in conducting the move even though the move may be conducted primarily by a commercial mover. (Documentation requirements discussed in EPG 236.8.6.9(c)(2), are applicable.)<br /> <br /> :If the relocatee intends to employ a commercial mover to conduct the principal portion of the move, the district and relocatee should agree in advance upon a specific moving firm (or firms) to conduct the move. This can best be accomplished by permitting the relocatee to select a moving firm from a listing of certified moving companies that are acceptable to the department. (If the relocatee will not agree to employ a moving firm which is acceptable to the district, so document the file and inform the relocatee that it may be necessary to fully audit all records relating to the move, including the moving firm's records, before his/her moving cost claim will be paid by the department.)<br /> <br /> '''(c) Business, Farm and Nonprofit Organization; Self-Moves'''<br /> <br /> The qualified owners of any displaced businesses, farms or nonprofit organizations have the option of conducting a self-move. Under this option the relocatees will move the personal property and will not employ a commercial moving company to conduct the move.<br /> <br /> :(1) '''Moving Cost Estimates are Available'''<br /> <br /> :The following procedure is applicable if estimates can be obtained of the amount that would have been charged by a commercial mover for conducting the move. (If the accuracy of the only estimates available is questionable, request advice from the Right of Way Section before proceeding, as it may be desirable to work out an &quot;actual cost&quot; agreement.)<br /> <br /> :'''Step One''': The relocatee must prepare an inventory of the items of personal property that must be moved as a result of the right of way acquisition. The inventory must identify the items and quantities involved. (Step One in preceding section (b) provides a more detailed discussion of pre-move inventories, which is generally applicable when a self-move is involved.)<br /> <br /> :Inventories should normally be prepared either (1) at or near the time of the actual move or, at or near the time that the department acquires the subject parcel, '''whichever occurs first'''. This will ensure, if the move occurs prior to the date of acquisition, that the inventory will reflect all of the items, and only the items, that will actually be relocated and if it occurs after that date, that only the items that were on hand at the time the property was actually acquired by the department will be included therein.<br /> <br /> :If for any reason the relocatee fails to provide the required inventory, advise the Right of Way Section before proceeding to the next step.<br /> <br /> :'''Step Two''': The relocatee must advise the district, in writing, of his/her intent to conduct a self-move and request that the district obtain the necessary moving cost estimates. The inventory must be provided to the district by the relocatee at the time the estimate request is made.<br /> <br /> :'''Step Three''': Upon receipt of the relocatee's request, a district representative must make an on-site inspection of the items that will be involved in the move and ensure that the inventory is reasonably accurate. He/she must also ensure that none of the items listed in the inventory are included in the real estate appraisal as real property. (The unit file must be documented to show that both actions were taken.)<br /> <br /> :'''Step Four''': The district must obtain at least two moving cost estimates from commercial movers who are qualified to conduct the move if the moving cost is expected to exceed $2,500. Both moving firms must be presented a copy of the inventory and the estimates are to be based on the items listed therein. The district can pay movers reasonable amounts to prepare such estimates. (Payments for this service would be processed in the same manner as any other routine incidental expenditure chargeable to relocation.) See [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(1)]] if removal and reinstallation costs are expected to exceed $1,000. (If one estimate can be obtained, but '''not''' two, advise the Right of Way Section and ask for concurrence to proceed with the procedure discussed in this subparagraph on the basis of one estimate, or, for using the procedure discussed in following subparagraph (2) that is applicable when no estimates are available, whichever the district feels is most applicable under the circumstances involved.) Moving cost estimates can be obtained from qualified specialists instead of commercial moves when conditions warrant. If the cost of the move is expected to be $2,500 or less, one estimate covering the cost of moving the items listed in the inventory can be prepared by a qualified member of the Right of Way staff.<br /> <br /> :Estimates should not normally be obtained before the relocatee has selected a replacement site so that the actual mileage can be used. (Limit the estimate to the cost of a 50-mile move if the replacement property is more than 50 miles distance from the subject property.)<br /> <br /> :Be sure that the estimates are prepared on the same basis as services to be performed by the mover. If estimates are received which are not based on the same services, obtain revised estimates from the mover(s).<br /> <br /> :Copies of all estimates must be retained for the unit file.<br /> <br /> :Copies of each estimate are to be furnished to the relocatee with instructions that should he/she desire to proceed with a self-move, he/she should submit two signed copies of a &quot;Moving Cost Agreement&quot; ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.11.C.docx RA Form 236.8.6.11(c)], to the district.)<br /> <br /> :If the relocatees object to the estimate being prepared by a department employee, or if they reject or seriously question a moving cost estimate prepared by a department employee, the unit file should be documented accordingly and estimates covering the move should be obtained from commercial movers. (The district is authorized to accept only one bid from a commercial mover under this circumstance, in lieu of two, if the file is documented to show that two bids were not justified due to the limited scope of the move.)<br /> <br /> :'''NOTE''': If an estimate cannot be obtained which is considered reasonable, or if it is obvious that the relocatee can conduct a self-move for a lesser cost than would be charged by a commercial mover, the district should attempt to negotiate a predetermined self-move amount that is lesser than the low estimate. The negotiated amount should be fair to both the relocatee and to the department.<br /> <br /> :One possible procedure for arriving at an acceptable negotiated amount would be for the relocatee to make an estimate of the cost he/she will experience in conducting the self-move. (The relocatee's estimate must be prepared without knowledge of the amount of the estimates obtained from commercial movers.) Keep in mind that predetermined negotiated self-move moving cost amounts must be less than the lowest estimate obtained from commercial movers. (See NOTE at the end of [[236.8 Relocation Assistance Program#236.8.6.11 Moving Cost Agreements|EPG 236.8.6.11(c)]], which discusses moving cost agreement modifications when a negotiated predetermined self-moving cost payment of this type is involved.)<br /> <br /> :If it is not possible to negotiate an amount that is less than the lowest commercial movers estimate provide the facts involved to the Right of Way Section together with a recommended solution.<br /> <br /> :In either event the unit file must be documented to clearly show the actions that were taken.<br /> <br /> :'''Step Five''': When the signed &quot;Moving Cost Agreement&quot; is forwarded to the district by the relocatee, it should be reviewed, and if found proper, completed, executed on behalf of the department and returned to the relocatee. A copy must be retained for the unit file.<br /> <br /> :'''Step Six''': After the approved &quot;Moving Cost Agreement&quot; is returned to the relocatee, he/she should provide the 5-day written moving date notice (unless waived by the district) and complete the move.<br /> <br /> :'''Step Seven''': After the move is completed the relocatee must present the district an inventory of the items of personal property actually moved to their remaining or replacement property. If they move all of the items that were included in their original pre-move inventory, they can use a copy of the same inventory by changing the certification to state that all of the items listed therein were actually moved to the remaining or replacement real property. If the items actually moved differ from those listed in the pre-move inventory, they can either adjust a copy of the pre-move inventory by &quot;lining off&quot; items that were not moved or prepare a new certified post-move inventory. (The relocatee can also add eligible items which were omitted from the pre-move inventory, if such items were actually moved, to offset all or a portion of the items that were lined off or removed from the post-move inventory; '''however''', items added '''cannot''' cause the payment to exceed the original low bid that was used in the Moving Cost Agreement without specific approval from the Right of Way Section.) In every instance the post-move inventory must contain a statement that all of the items listed therein were actually moved to the relocatee's remaining or replacement property.<br /> <br /> :'''Step Eight''': The district must conduct an on-site review of the post-move inventory to ensure that it is reasonably accurate and that it does not contain any items of real property that were retained and moved by the relocatee. The &quot;Relocation Agent's Report&quot; must show that this action was taken and that both determinations were made. (If the relocatee moved to another state, making it impractical to conduct a post-move on-site inspection, so advise the Right of Way office and request instructions.)<br /> <br /> :If the post-move inventory is substantially the same as the pre-move inventory on which the approved moving cost estimate was based, the relocatees can be paid the amount of the low moving cost estimate, as reflected in their Moving Cost Agreement, without presenting any additional documentation. They can also be paid eligible '''documented''' incidental expenses.<br /> <br /> :If there is a significant reduction in the number of items and/or quantities listed in the post-move inventory as compared to the pre-move inventory, it will be necessary to request the original estimator who prepared the moving cost estimate used in the Moving Cost Agreement, to revise his/her original estimate (or make a new estimate) to reflect only the cost of moving the items listed in the post-move inventory. (Commercial movers can be paid reasonable fees for revising their original moving cost estimates.) Under this circumstance the district and relocatees can negotiate the amount of the moving cost payment; '''however''', the amount paid (exclusive of incidental costs) '''cannot''' exceed the revised moving cost estimate.<br /> <br /> :If it is impractical to obtain a revised estimate from the original estimator, document the unit file and present a recommendation to the Right of Way Section for obtaining the revised estimate.<br /> <br /> :'''Step Nine''': The relocatees must file their claim for reimbursement, within the 18-month period discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(b)]].<br /> <br /> :The claim must be submitted on previously mentioned [http://eprojects/Templates/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.12.D.pdf RA Form 236.8.6.12(d)].<br /> <br /> :There is no provision for reimbursement for time spent by the relocatees or their employees in moving as the accepted estimate from a commercial mover will normally cover the cost of conducting the move in its entirety with minimum assistance or supervision on the part of the relocatees. (An exception can be made, with prior approval from the Right of Way Section, when substantial additional supervision is required by the relocatee due to the unusual complexity of the move. When such exception is made it will be necessary to modify the Moving Cost Agreement to cover reimbursement of the actual and reasonable cost of the supervision and to specify the documentation that will be required to support this item of cost on the claim, which will be the same documentation required in following subparagraph (2) covering time spent by the relocatees in conducting a move when moving cost estimates are not available. When this cost item is authorized, it is '''desirable''' that a predetermined maximum supervisory payment amount be established and agreed upon.)<br /> <br /> :'''NOTE''': If an Extension of Possession Agreement is involved, follow the principles discussed in NOTE A at the end of preceding subparagraph (b).<br /> <br /> :'''(2) Moving Cost Bids or Estimates Are Not Available'''<br /> <br /> :If due to the complexity of the move it is not practical to obtain moving cost bids or estimates the relocatee can be authorized by the district (with prior approval from the Right of Way Section) to conduct the move without them. Under this circumstance, the relocatee will be reimbursed for his/her actual, reasonable and documented moving cost expenditure, not to exceed the cost of a 50-mile move. When a move is conducted under this condition, an [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Bids%20Not%20Avail%20From%20236.8.6.11.D.pdf RA Form 236.8.6.11(d)], &quot;Moving Cost Agreement&quot; will be used. (See [[236.8 Relocation Assistance Program#236.8.6.11 Moving Cost Agreements|EPG 236.8.6.11(d)]]).<br /> <br /> :The time the owner and employees of the firm being moved, which is actually spent in conducting the move, can be considered a compensable part of the moving cost claim. If the business owner uses his/her regular foreman and/or other supervisory personnel to provide supervisory services in conducting the move, the time spent by such personnel in actual supervision of the move may also be considered a compensable moving cost expenditure. Also appropriate time charges for the use of equipment owned or hired by relocatee can be included in the claim.<br /> <br /> :Time charged by the owner shall be based on his/her average earnings. (If a corporation is involved, base the owner's &quot;average earnings&quot; on the salary paid to him/her by the corporation. If the business has not been incorporated, average earnings will be based on his/her share of the business earnings.) The actual wages (based on currently effective salaries or wages paid by the business) paid to employees of the business who are supervisors can be included in the moving cost payment for the time spent in actual supervision of the move. All other charges for labor must be based on either (1) the wage rate being paid such employees by the relocatee, or (2) the hourly rate normally paid by commercial movers to their employees for the same or similar types of labor, whichever is the lesser. Equipment charges must be based on the equipment charge rate used by the relocatee in the conduct of his/her routine business, not to exceed the normal rate applicable for the use of such equipment. (The equipment rate will normally be on an hourly basis and should include a reasonable amount to cover gas, oil, insurance and depreciation.)<br /> <br /> :Employee wage rates, as referred to above, can include both basic salaries and the prorated cost of social security, workers' compensation insurance and other &quot;fringe benefits&quot; paid by the employer '''if''' such costs are properly supported. Administrative and/or overhead costs are not to be included as reimbursable moving cost expenses.<br /> <br /> :Both labor and equipment charges included in a moving cost claim, when a self-move of this type is involved, must be supported by a certified statement from the owner showing (1) his/her time (hours) spent in the actual conduct of the move: the hourly rate being claimed therefore and how such rate was established, (2) the firm's employees who assisted in conducting the move: by name and job title, the number of hours being claimed for each employee listed, the hourly rate being claimed for each employee and the salary, or hourly wage rate, currently being paid to each employee by the firm, and (3) the specifically named company-owned equipment that was used in conducting the move: the number of hours each item of equipment was used, the hourly charge being claimed for each item, and the routine hourly equipment charge applicable to each item as charged by the firm in its cost records and/or bookkeeping procedure. Care must be taken to ensure that (a) the hourly wage rate charged for employee's services in conducting the move does not exceed the wage rate normally paid by commercial movers to their employees for similar services, (b) that the hourly rate charged for company-owned equipment does not exceed the normal rate that is applicable in the area for the rental of such equipment, and (c) that equipment operator's time is not included in both the hourly rate charged for the equipment involved and also as a separate item of employee labor.<br /> <br /> :It is permissible for the relocatee to employ commercial movers and/or specialists to conduct portions of the move. If so, the actual, reasonable and documented payments to such movers and specialists can be included in the moving cost payment from the department.<br /> <br /> :If it is practical to do so, the relocatee must provide a pre-move inventory of the items of personal property to be moved. The inventory should be prepared and reviewed in the manner discussed in Step One in preceding subparagraph (b).<br /> <br /> :If it is impractical to obtain a pre-move inventory due to the complexity of the operation being displaced, possibly due to large fluctuations in stocks, material or other personal property, obtain concurrence from the Right of Way Section to waive the pre-move inventory requirement and proceed without it. The unit file must be documented to provide justification for waiving the pre-move inventory requirement.) Even though the pre-inventory requirement is waived, it is still important that the assigned relocation agent make an on-site inspection to become familiar with the overall operation and to obtain a general knowledge of the personal property involved.<br /> <br /> :After the move is completed, the relocatee must submit an inventory of the items of personal property actually moved. (The inventory must include a statement that all of the items listed thereon were actually moved to the relocatee's remaining or replacement property.) It is permissible for small items to be grouped together such as a specific number of bins, boxes, barrels, etc., containing the small items involved. The relocation agent must make an on-site inspection of the items involved and ensure that the inventory is reasonably accurate. He/she must also ensure that none of the items listed were a part of the real property that was retained and moved by the relocatee. (The &quot;Relocation Agent's Report&quot; must show that the latter two actions were taken.) Also see documentation requirements set out on Moving Cost Agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Bids%20Not%20Avail%20From%20236.8.6.11.D.pdf Form 236.8.6.11(d)].<br /> <br /> :The district must monitor the move, while it is being conducted, to the extent necessary to enable them to ensure that the moving cost payment will be reasonable. District surveillance practices must be commensurate with the anticipated monetary amount involved. In some cases it may be necessary to monitor the entire move, noting the number of company employees involved in the move, equipment used, hours worked, etc. (The 5-day written moving date notice should not be waived when the procedures in this subparagraph are used.)<br /> <br /> :'''NOTE A''': Extension of Possession Involved<br /> <br /> :If a pre-move inventory is available, follow the principles and applicable instructions set out in NOTE A at the end of preceding section (b).<br /> <br /> :If the pre-move inventory requirement has been waived, it will be necessary to work out an agreement to cover the specific case involved. (Submit recommended clauses relating to the latter situation to the Right of Way Section for concurrence before inserting them in the Extension of Possession Agreement.)<br /> <br /> ===236.8.6.10 Partial Displacements; Residential, Business, Farm and Nonprofit Organization===<br /> <br /> '''(a) Partial Displacement Moving Cost Payments--General'''<br /> <br /> Moving costs discussed in this subparagraph relate to situations when the occupant of a subject parcel is not displaced, but items of personal property located within a partial acquisition must be moved.<br /> <br /> Instructions herein also relate to situations when unoccupied parcels are acquired which contain miscellaneous items of personal property that must be moved.<br /> <br /> Owners of such personal property can be reimbursed for their actual and reasonable expenses of moving such items, based either on the cost of a commercial mover or of a self-move.<br /> <br /> The relocation of items used in the establishment and maintenance of a home and/or used in relation to a residential property should be considered as a residential partial displacement. All other items should be identified with their appropriate category, business, farm or nonprofit organization.<br /> <br /> '''NOTE''': Also see [[236.8 Relocation Assistance Program#236.8.7.2 Fixed Payments - Farm Operations|EPG 236.8.7.2(a)]], if a farm operation is displaced due to a partial acquisition.<br /> <br /> '''(b) Partial Displacement Moving Cost Payments; Commercial Mover'''<br /> <br /> If personal property classified as &quot;residential&quot; is involved in a partial displacement and the owner employs a commercial mover to move the items involved, the procedure outlined in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(e)]], is applicable.<br /> <br /> If the personal property belongs to, or is used in connection with, a business, farm or nonprofit organization, the instructions in [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(b)]], are applicable.<br /> <br /> '''(c) Partial Displacement Moving Cost Payments; Self-Move'''<br /> <br /> When personal property classified as &quot;residential&quot; is involved in a partial displacement and the owner, occupant or non-occupant, elects the self-move option, the procedure outlined in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(f)]], is applicable or the owner may elect to be paid on the basis of the fixed-payment moving cost schedule with the following conditions.<br /> <br /> :1. Relocation agent must determine the number of normal furnished rooms or fraction of room the personal property to be moved represents.<br /> <br /> :2. A rate of $100 per room or fraction of a room will be used to determine moving cost.<br /> <br /> :3. The total cost of moving the personal property cannot exceed $1,000. If cost is in excess of $1,000, the move must be conducted as outlined in EPG 236.8.7.8(f).<br /> <br /> If businesses, farms or nonprofit organizations are involved, [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(a) and (c)]] apply.<br /> <br /> ===236.8.6.11 Moving Cost Agreements===<br /> <br /> '''(a) Moving Cost Agreement--Actual Cost Option; Move Conducted By Commercial Mover; Residential Bids Available''' ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Commercial%20Actual%20Cost%20Residential%20Form%20236.8.6.11.A.docx RA Form 8.6.11(a)])<br /> <br /> Moving Cost Agreement RA Form 236.8.6.11(a) is applicable when residential moves are involved, either total or partial displacements, and the relocatee elects to employ a commercial mover and claim reimbursement for the applicable costs involved.<br /> <br /> The relocatee must fill out the first portion (front) of the agreement, preferably with instructions and/or assistance from a relocation agent, and submit it to the district office.<br /> <br /> If two families occupy the same single-family dwelling unit who intend to move to separate replacement housing, each must submit a &quot;Moving Cost Agreement.&quot;<br /> <br /> In completing the form, [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(e) and (f)]] should be reviewed if any problem is encountered in determining whether a partial or total displacement is involved.<br /> <br /> A space has been provided in the heading of the agreement to show whether a conventional dwelling unit or a mobile home is involved. The space headed &quot;Mobile Home&quot; relates only to mobile homes that have been classified as personal property. Mobile homes that have been classified as real property are to be included as conventional dwelling units.<br /> <br /> Agreements submitted to the district offices for approval and execution must be reviewed. If it is in proper order, and the relocatee is eligible for moving cost payments under the option chosen, the back of the form will be completed and executed on behalf of the department. The original must be retained by the district (for the unit file) and a copy is to be returned to the relocatee.<br /> <br /> Should relocatees claim a moving cost payment that, due to circumstances beyond their control, exceeds the amount reflected in their moving cost agreement, present a written recommendation concerning payment of the claim, together with a resume' of the facts involved, to the Right of Way Section for approval or rejection.<br /> <br /> '''NOTE''': The option to use two or more movers, or a combined use of a commercial mover and a self-move, is not available for residential moves except in unusual circumstance, which will require prior approval from the Right of Way Section.<br /> <br /> See [[236.8 Relocation Assistance Program#236.8.6.1 Payment Eligibility|EPG 236.8.6.1(c)]], if the relocatee is being displaced from the remainder of a partial acquisition not located within a right of way acquisition.<br /> <br /> This agreement is applicable for use between the department and the owners of displaced mobile homes that have been classified as personal property, both owner-occupants and non-occupant owners, if the unit is being moved by a commercial mover. (Change &quot;personal property&quot; to &quot;mobile home&quot; in the second line in the body of the agreement.)<br /> <br /> The agreement is also applicable for use between the department and displaced tenant-occupants of a mobile home, relocatee occupies but does not own the mobile home, if the tenant's personal property is to be moved by a commercial mover. (Separate agreements must be executed by the mobile home tenant and the mobile home owner.)<br /> <br /> '''(b) Moving Cost Agreement; Actual Cost Option; Move Conducted By Commercial Mover; Business, Farm and Nonprofit Organization; Bids Available''' (RA Form 236.8.6.11(b))<br /> <br /> Moving Cost Agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Commercial%20Mover%20Bids%20Form%20236.8.6.11.B.pdf RA Form 236.8.6.11(b)], is applicable when business, farm and nonprofit organization moves are involved, either total or partial displacements, and the relocatee elects to employ a commercial mover (moving cost bids are available) to conduct the move. [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(b)(2)]] is applicable if moving cost bids could not be obtained due to the complexity of the move involved.)<br /> <br /> Instructions for completing agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Commercial%20Actual%20Cost%20Residential%20Form%20236.8.6.11.A.docx Form 236.8.6.11(a)], as provided in preceding [[236.8 Relocation Assistance Program#236.8.6.11 Moving Cost Agreements|EPG 236.8.6.11(a)]], also apply to this Moving Cost Agreement.<br /> <br /> It is quite possible that the owner of a business, farm operation or nonprofit organization may employ two or more commercial moving firms to conduct their move, due to the need for different types of moving specialists. When this occurs two or more bids must be obtained for each &quot;type&quot; of move involved, and separate moving cost agreements must be submitted for each portion of the move that will be conducted by different moving firms.<br /> <br /> If a portion of the move is to be conducted by a commercial mover and a portion as a self-move, it will normally be proper to submit [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Commercial%20Mover%20Bids%20Form%20236.8.6.11.B.pdf Form 236.8.6.11(b)], agreement covering the commercial move and [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.11.C.docx Form 236.8.6.11(c)], agreement covering the self-move.<br /> <br /> If more than one moving firm is involved, list the items each firm will move either on the back of their specific agreement or a separate sheet attached thereto. If one firm is to conduct the major move and another only a few specialized items, the entry on the back of the first could be &quot;all personal property except (list items excepted).&quot; The other agreement would list those items excepted from the first. The listing must be adequate to enable others inspecting the file to determine a duplication is not involved.<br /> <br /> It is also possible that the owners may elect the self-move option to move their routine personal property and employ a commercial mover to relocate items which their own forces are not capable of moving. When this occurs, two separate agreements must be provided, one covering the self-move (normally RA Form 236.8.6.11(c), and the other the commercial move (normally RA Form 236.8.6.11(b)). The items covered by each agreement must be listed either on the back of the agreement or on a separate sheet attached thereto.<br /> <br /> '''(c) Moving Cost Agreement--Actual Cost Option; Self-Move; Business, Farm and Nonprofit Organizations; Moving Cost Estimates Are Available''' [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.11.C.docx (RA Form 236.8.6.11(c))]<br /> <br /> This agreement is to be used when the eligible owner of a business, farm or nonprofit organization elects to conduct a self-move and the district '''is''' able to obtain moving cost estimates.<br /> <br /> Instructions for completing agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Commercial%20Actual%20Cost%20Residential%20Form%20236.8.6.11.A.docx Form 236.8.6.11(a)], as provided in [[236.8 Relocation Assistance Program#236.8.6.11 Moving Cost Agreements|EPG 236.8.6.11(a)]], also apply to this Moving Cost Agreement.<br /> <br /> The owner of a business, farm operation or nonprofit organization may elect the self-move option to move their &quot;routine&quot; personal property and employ a commercial mover to relocate items which his/her own forces are not capable of moving. When this occurs, two separate agreements must be provided, one covering the self-move (normally RA Form 236.8.6.11(c)), and the other the commercial move [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Commercial%20Mover%20Bids%20Form%20236.8.6.11.B.pdf (RA Form 236.8.6.11(b))]. The items covered by each agreement must be listed either on the back of the agreement or on a separate sheet attached thereto.<br /> <br /> If the entire move is to be conducted as a self-move, only one Moving Cost Agreement (RA Form 236.8.6.11(c)), will be used even though it is necessary to obtain separate estimates for moving different portions of the personal property involved. Reflect the combined total of the separate estimates in the agreement.<br /> <br /> See [[236.8 Relocation Assistance Program#236.8.6.4 Tangible Property Losses|EPG 236.8.6.4]], if &quot;Tangible Property Losses&quot; are involved.<br /> <br /> '''NOTE''': When a negotiated self-move moving payment is involved, as discussed under &quot;Step Four&quot; in [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(c)(1)]], it will be necessary to modify Moving Cost Agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.11.C.docx RA Form 236.8.6.11(c)], in the following manner:<br /> <br /> :1. Change the first paragraph of the first section of the agreement to read as follows: &quot;We are willing to move our personal property, as necessitated by the acquisition of right of way by your department for the above highway project, from (present location) to (new address) for $ .&quot;<br /> <br /> :2. Omit the first sentence in the third paragraph that relates to the lowest estimate amount. (This paragraph will then begin with the sentence that reads &quot;Please advise us etc.&quot;)<br /> <br /> :3. The fourth paragraph should be changed to read as follows: &quot;If there is a significant reduction in the personal property listed in our post-move inventory, as compared to our pre-move inventory, we understand that this agreement will be voided and that our payment will be for a lesser amount that is based on the cost of conducting our actual move.&quot;<br /> <br /> :4. The second paragraph of the second section of the agreement should be modified to read, &quot;We also agree that in the event there is a significant reduction in the personal property listed in your post-move inventory, as compared to your pre-move inventory, this agreement will be null and void and that your payment will be for a lesser amount that is based on the cost of conducting your actual move.&quot;<br /> <br /> All other portions of the agreement form can be used without modification.<br /> <br /> '''(d) Moving Cost Agreement; Actual Cost Option; Commercial or Self-Move; Business, Farm and Nonprofit Organization; Moving Cost Bids and/or Estimates Are Not Available''' [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Bids%20Not%20Avail%20From%20236.8.6.11.D.pdf (RA Form 236.8.6.11(d))]<br /> <br /> Moving Cost Agreement Form 236.8.6.11(d), is applicable when moving cost bids or estimates (whichever is required for the type of move involved) are not available due to the complexity of the move, either a partial or total displacement.<br /> <br /> Instructions for completing agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Commercial%20Actual%20Cost%20Residential%20Form%20236.8.6.11.A.docx Form 236.8.6.11(a)], as provided in [[236.8 Relocation Assistance Program#236.8.6.11 Moving Cost Agreements|EPG 236.8.6.11(a)]], also apply to this moving cost agreement.<br /> <br /> If required bids or estimates can be obtained for moving a portion of the items of personal property involved, but not for all of the items to be moved, use two separate agreements (Agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Commercial%20Mover%20Bids%20Form%20236.8.6.11.B.pdf RA Form 236.8.6.11(b)], or [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.11.C.docx Form 236.8.6.11(c)], whichever is applicable, covering items included in moving cost bids or estimates and [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Bids%20Not%20Avail%20From%20236.8.6.11.D.pdf RA Form 236.8.6.11(d)], covering items not included in the bids or estimates.) A combination commercial and self-move, with or without cost bids or estimates, can also be approved by using separate appropriate agreement forms covering the different types of moves and/or situations involved.<br /> <br /> When this agreement form is used (RA Form 236.8.6.11(d)), relocation agents must ensure that relocatees fully understand the necessity for maintaining cost records and documentation as set out in the Moving Cost Agreement.<br /> <br /> '''NOTE''': If tangible property losses are involved, as discussed in [[236.8 Relocation Assistance Program#236.8.6.4 Tangible Property Losses|EPG 236.8.6.4]], provide the facts involved to the Right of Way Section and ask for assistance in writing a Moving Cost Agreement to cover the specific situation.<br /> <br /> If the pre-move inventory requirement has been waived, as could occur under the conditions discussed in [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(c)(1)]], omit Item No. 1 under required documentation in the agreement.<br /> <br /> ===236.8.6.12 Claim Forms - Actual Cost Moving Cost Payments===<br /> <br /> '''(a) Claim Form; Actual Cost; Commercial Mover''' [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Commercial%20Form%20236.8.6.12.A.docx (RA Form 236.8.6.12(a))]<br /> <br /> RA Claim Form 236.8.6.12(a) is applicable for use by all relocatees who employ a moving firm to move their personal property and claim reimbursement for the actual costs involved. The form is applicable for residential, business, farm and nonprofit organization moves.<br /> <br /> The cost of moving two or more types of personal property (for example - residential and business) can be included in the same claim '''provided that''' all such personal property was included in the same moving cost bids and in the same moving cost agreement. Such residential and business moving costs could not be combined in the same claim if separate bids were obtained for each type move and/or if separate moving cost agreements were used.<br /> <br /> General information concerning claim forms previously discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8]](d), also applies to this form.<br /> <br /> The following detailed information concerning RA Claim Form 236.8.6.12(a) covers only those points that are most likely to be misunderstood. If any unforeseen problem arises in completing those portions not discussed herein, the Right of Way Section should be contacted for guidance.<br /> <br /> In the first section following the heading, include mobile homes that are classified as '''real''' property in the space provided for &quot;Residential&quot; and mobile homes classified as '''personal''' in the space labeled &quot;Mobile Home.&quot;<br /> <br /> The second line in this section of the form concerning department assistance in locating replacement property relates to the actual replacement property that the subject relocatee occupied after being displaced.<br /> <br /> If a new building was constructed, show whether it was a residential or commercial building in the spaces provided. (This relates only to the major building(s) involved, which actually housed the relocatee and does not include sheds, storage buildings, etc.)<br /> <br /> If two or more moving firms are involved and their names and addresses will not fit in the space provided, insert the words &quot;see attached sheet&quot; in the appropriate space. <br /> <br /> In the second section of the form show the correct amounts in the proper spaces as required to complete the form.<br /> <br /> When only one &quot;Moving Cost Agreement&quot; is involved, the amount on the first line must be the same figure approved in the &quot;Moving Cost Agreement.&quot; If two or more agreements are involved, show the combined total of all agreements in this space. (If it is necessary to adjust the original low bid due to a reduction in the post-move inventory as compared to the pre-move inventory, as discussed in Step 7, [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(b)(1)]], the revised amount should be shown on line one instead of the bid that was included in the moving cost agreement which will have been voided under the circumstances.)<br /> <br /> The second line relates to the actual moving cost paid to the moving firm(s), unless the move was over 50 miles distance, in which case, the prorated amount would be shown. If more than one moving firm was involved, show the combined total cost of the basic move. (The &quot;basic move&quot; relates to the cost of services performed by the moving firm and does not include any separate incidental moving cost expenses.)<br /> <br /> On the third line show either the amount set out on line 1 '''or''' line 2, whichever is the lesser. The amount on line 3 must match the amount shown on either line 1 or line 2.<br /> <br /> Storage costs, when claimed on line 4, must be supported as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(a)(1)]]. If storage costs were not involved, mark this line &quot;N/A.&quot; (The same applies to any other line that is not applicable to a subject claim.)<br /> <br /> If a relocatee's personal property is moved into storage, he/she can submit a claim for the cost of moving it from the property acquired as right of way to the storage area as soon as the move is completed, and later submit a separate claim for the storage bill and, if applicable, the cost of moving from storage to the replacement property. (The storage cost and the cost of moving the personal property from storage to the replacement property must be included in the same claim.) Review the NOTE at the end of EPG 236.8.6.3(a)(1), if the cost of moving personal property from storage to a replacement property is involved.<br /> <br /> When a separate claim is submitted at a later date for storage and/or a second move, it is not necessary to repeat the factual data '''included''' on the original claim; however, the heading of the second claim must be completely filled out. Under &quot;Comments&quot; make a statement as follows: &quot;This is a second moving cost claim covering storage (and, if applicable, movement from storage). Factual data not included on this claim was provided on the original.&quot;<br /> <br /> When two claims are to be filed under the above circumstances, use the &quot;Exception&quot; space in the relocatee's certificate, on the original (first) claim, to show that the subject claim does not include storage and/or movement from storage. This is the only situation when it is permissible to submit a moving cost claim that does not include full, final and complete payment of moving costs.<br /> <br /> The total cost of insurance premiums, if any, as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(a)(2)]], is to be shown on line 5.<br /> <br /> [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(a)(3)]], should be carefully reviewed if losses in moving and/or damages are claimed.<br /> <br /> It is possible that different companies are paid removal and installation costs. If so, include the accumulated total of all such billing in the space provided in the claim (Line No. 7) and support the figure with receipts from the companies involved. The various receipts would have to add up to the exact amount being claimed.<br /> <br /> If the costs which were incurred in advertising for packing and crating are applicable for reimbursement, as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(a)(4)]], the costs, and any other compensable incidental costs which do not fit into one of the other categories, can be shown on the line designated &quot;Other Incidental Expenses Identified As.&quot; These costs must be identified on the same line in the space provided.<br /> <br /> As noted, the costs of transportation, meals and temporary lodging are applicable only when residential moves are involved. [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(b)(2)]], should be reviewed when this type claim is involved to be sure that all required receipts are provided and that the amounts claimed are compatible with the department's policy concerning such payments.<br /> <br /> Expenses related to the search for replacement property, to be shown on line 10, are applicable only when businesses, farm operations or nonprofit organizations are being relocated. Review [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(5)]], when this type claim is involved and remember that the relocatee must provide a certified statement of the time spent in search and of the hourly wage rate that is applicable.<br /> <br /> '''Line 11''' has been provided for owners of businesses, farm operations and nonprofit organizations to claim tangible property losses as discussed in [[236.8 Relocation Assistance Program#236.8.6.4 Tangible Property Losses|EPG 236.8.6.4]]. Be sure, before approving a claim that includes this type payment, that the eligibility requirements outlined in the referenced subparagraph are complied with and that the required documentation is in the unit file.<br /> <br /> '''Line 12''' is for business, farm operations and nonprofit organizations to claim eligible reestablishment cost. Required documentation must be in the unit file to support the payments.<br /> <br /> The totals of the amounts shown on lines 3 through 12 must be shown in the space labeled &quot;Total Amount Claimed.&quot;<br /> <br /> When claims cover partial displacements, so note in the heading and use the form in the same manner as when any other moving costs are being claimed. Spaces that are not applicable for partial displacement should be marked &quot;N/A.&quot;<br /> <br /> If the claim includes full, complete and final moving cost expenses, make an entry of &quot;no exception&quot; in the appropriate space at the end of the first paragraph in the relocatee's certificate.<br /> <br /> The form is to be executed in the same manner as a Fixed-Schedule Moving Cost Claim, which is discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(d)]].<br /> <br /> The back of the form, considering previous explanations in EPG 236.8.7.8(d), is self-explanatory.<br /> <br /> '''NOTE''': In situations when business, farm or nonprofit organization moving cost bids could not be obtained, as discussed in [[236.8 Relocation Assistance Program#236.8.6.9 Business, Farm and Nonprofit Organization Moving Cost Payments|EPG 236.8.6.9(b)(2)]], mark both lines 1 and 2 on the claim form &quot;N/A&quot; and show the relocatees actual and documented basic moving costs on line 3. Strike the existing wording in line 3 and insert in lieu thereof &quot;actual costs.&quot; Explain why this action was taken under &quot;Comments&quot; on the back of the form.<br /> <br /> If the claim involves both the cost of moving some items which were included in moving cost bids and the actual cost of moving other items for which moving cost bids could not be obtained, mark lines 1 and 2 &quot;N/A&quot; and change the wording on line 3 to read &quot;basic moving cost payment due.&quot; Obviously line 3 should then reflect the amount due for conducting the basic move, exclusive of incidentals. (The amount on line 3 would include the actual, reasonable and documented cost of moving the items not included in a moving cost bid '''plus''' the low approved bid(s) covering the balance of the items moved.) Explain what was done and why under &quot;Comments&quot; or, if additional space is required, on an attached sheet.<br /> <br /> '''(b) Claim Computations When Some Items of Substitute Personal Property Involved''' [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Commercial%20Form%20236.8.6.12.A.docx (RA Claim Form 236.8.6.12(a))].<br /> <br /> The cost of substitute items, as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(7)]], must be added to the actual fee paid to the moving firm for moving the '''balance''' of the personal property involved and the total thereof is to be reflected on line 2 in the computation section of the claim form. (If the move exceeded 50-mile distance, the actual fees paid for moving the balance of the personal property would be limited to the cost of a 50-mile move, unless the distance limitation had been waived by the Right of Way Section.)<br /> <br /> Do not include any incidental costs on lines 4 through 8 that relate directly to substitute items.<br /> <br /> '''(c) Claim Computations When Entire Claim Based on Cost of Substitute Items''' (RA Claim Form 236.8.6.12(a)).<br /> <br /> Normally only lines 2 and 3 need be completed in the computations section of the claim form when the moving cost payment for '''all''' of the items involved in the subject claim was limited to the cost of substitute items. Reflect the total of such replacement costs on line 2 and the same amount on line 3. This amount will normally be the &quot;total amount claimed&quot; by the relocatee as his/her moving cost payment. (No incidental costs will be included in the payment under this circumstance; however, it is possible that a &quot;search cost&quot; as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(5)]], could be applicable.)<br /> <br /> Make an entry under &quot;Comments&quot; on the back of the claim form to explain that the payment was based on the cost of substitute items as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(7)]].<br /> <br /> All other portions of the claim form should be completed in the routine manner or marked &quot;N/A&quot; if applicable under the circumstance. <br /> <br /> '''(d) Claim Form; Actual Cost; Self-Move''' [http://eprojects/Templates/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.12.D.pdf (RA Form 236.8.6.12(d))]<br /> <br /> RA Claim Form 236.8.6.12(d) is to be used in all cases when a residential, business, farm operation or nonprofit organization self-move is involved.<br /> <br /> The cost of moving two or more types of personal property, for example, residential and business, can be included in the same claim '''provided that''' all such personal property was included in the same moving cost estimates and in the same moving cost agreement.<br /> <br /> General information concerning claim forms previously discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(d)]], also apply to this form.<br /> <br /> The following detailed information concerning RA Claim Form 236.8.7.12(d) covers only those points that are most likely to be misunderstood. If any unforeseen problem arises in completing those portions not discussed herein, the Right of Way Section should be contacted for guidance.<br /> <br /> In the first section following the heading include mobile homes that are classified as '''real''' property in the space provided for &quot;Residential&quot; and mobile homes classified as '''personal''' in the space labeled &quot;Mobile Home.&quot;<br /> <br /> The second line in this section of the form, concerning department assistance in locating replacement property, relates to the actual replacement property that the subject relocatee occupied after being displaced.<br /> <br /> If a new building was constructed, show whether it was a residential or commercial building in the spaces provided. (This relates only to the major building(s) involved, which actually housed the relocatee and does not include sheds, storage buildings, etc.)<br /> <br /> In the second section of the form show the correct amounts in the proper spaces as required to complete the form.<br /> <br /> If moving cost estimates were obtained, and only one &quot;Moving Cost Agreement&quot; is involved, the amount on the first line must be the same figure approved in the &quot;Moving Cost Agreement.&quot; If two or more agreements are involved, show the combined total of all agreement in this space.<br /> <br /> If the original Moving Cost Agreement was voided, due to the fact that the relocatee did not move all of the personal property included in the cost estimates, show the estimated charge that would have been made by a commercial mover for conducting the actual move on line 1 in lieu of the original approved low bid(s). Show the &quot;negotiated&quot; (agreed) moving cost payment on line 2. (Normally lines 1 and 2 will reflect the same amount.) Complete line 3 in the normal manner.<br /> <br /> In situations when moving cost estimates could not be obtained for a business, farm or nonprofit organization move, in which case Moving Cost Agreement [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Agreement%20Actual%20Bids%20Not%20Avail%20From%20236.8.6.11.D.pdf Form 236.8.6.11(d)], would have been used, mark both lines 1 and 2 &quot;N/A&quot; and show the relocatees actual and documented basic moving cost on line 3. Under this circumstance, &quot;strike out&quot; the existing wording on line 3 and insert in lieu thereof &quot;actual costs.&quot; Explain why this action was taken under &quot;Comments&quot; on the back of the claim form.<br /> <br /> If the claim involves both the cost of moving some items which were included in moving cost estimates and the actual cost of moving other items for which moving cost estimates could not be obtained, mark lines 1 and 2 &quot;N/A&quot; and change the wording on line 3 to read &quot;basic moving cost payment due.&quot; Obviously line 3 should then reflect the amount due for conducting the basic move, exclusive of incidentals. (The amount on line 3 would include the actual, reasonable and documented cost of moving the items not included in a moving cost estimate '''plus''' the low approved estimate(s) covering the balance of the items moved.) Explain what was done and why under &quot;Comments&quot; or, if additional space is required, on an attached sheet.<br /> <br /> Instructions in preceding [[236.8 Relocation Assistance Program#236.8.6.12 Claim Forms - Actual Cost Moving Cost Payments|EPG 236.8.6.12(a)]], relating to lines 4 through 12 on [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Commercial%20Form%20236.8.6.12.A.docx RA Claim Form 236.8.6.12(a)], also apply to the subject claim.<br /> <br /> When claims cover partial displacements, so note in the heading and use the form in the same manner as when any other moving costs are being claimed. Spaces that are not applicable for partial displacement should be marked &quot;N/A.&quot;<br /> <br /> If the claim includes full, complete and final moving cost expenses, make an entry of &quot;no exception&quot; in the appropriate space at the end of the first paragraph in the relocatee's certificate.<br /> <br /> The form is to be executed in the same manner as a fixed-schedule moving cost claim, which is discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(d)]].<br /> <br /> The back of the form, considering previous explanations in EPG 236.8.6.8(d) is self-explanatory.<br /> <br /> '''(e) Claim Computations When Substitute Personal Property Involved Claim''' [http://eprojects/Templates/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.12.D.pdf (Form 236.8.6.12(d)]).<br /> <br /> The cost of substitute items, as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(7)]], must be included in the amount shown on lines 1 and 2 (if line 2 is used) in the computations section of the claim form. Be very sure that there is no duplication of payments, which would exist if the cost of moving such items were also erroneously included in the low estimate and/or in the negotiated moving cost payment. Add the words &quot;plus the cost of substitute items&quot; to the heading on line 1. Do not include any incidental costs on lines 4 through 8 that relate directly to substitute items.<br /> <br /> When the moving cost payment for all of the personal property involved is based on the cost of substitute items, show the total amount on line 3. (Mark lines 1 and 2 &quot;N/A&quot;.) This will normally be the &quot;total amount claimed&quot; by the relocatee as his/her moving cost payment. (No incidental costs can be included under this circumstance; however, it is possible that a &quot;search cost&quot; as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(5)]], could be applicable.)<br /> <br /> In either case, make an entry under &quot;comments&quot; on the back of the claim form to explain that either a portion of the payment, or, if applicable, the entire payment, is based on the cost of substitute items as discussed in [[236.8 Relocation Assistance Program#236.8.6.3 Incidental Moving Costs|EPG 236.8.6.3(c)(7)]].<br /> <br /> All other portions of the claim form should be completed in the routine manner or marked &quot;N/A&quot; if applicable under the circumstance involved.<br /> <br /> '''(f) Moving Cost Claim; Combined Moves Including Both Commercial Moves and Self-Moves'''<br /> <br /> When relocatees employ a commercial mover to conduct part of their move and conducts the balance as a self-move, they should use [http://eprojects/Templates/RW/Chapter%208_Relocation/Moving%20Cost%20Claim%20Actual%20Cost%20Self%20Move%20Form%20236.8.6.12.D.pdf RA Claim Form 236.8.6.12(d)], in claiming their moving cost payment. The following additions and changes should be made in the claim form under this circumstance.<br /> <br /> :1. Add the words &quot;Combined Commercial Self-Move&quot; at the top of the form.<br /> <br /> :2. Insert the words &quot;see attached sheet&quot; in the blank spaces on lines 1 and 2 in the computations section of the form.<br /> <br /> :3. Change line 3 to read &quot;Basic Moving Cost Payment Due.&quot; (Show the amount in the blank space on this line that the relocatee is entitled to receive as his/her basic moving cost payment, exclusive of incidentals, including both the commercial move and the self-move.)<br /> <br /> :4. Attach a sheet explaining how the amount on line 3 was computed. Follow normal procedures in making the determination using applicable policy that applies to each type of move. The amount will normally be a total of the actual cost (or low approved bid) of the commercial move plus the approved moving cost estimate relating to the self-move.<br /> <br /> Complete the balance of the claim form in the routine manner.<br /> <br /> '''NOTE''':Tenant-Owned LP (Liquified Petroleum) Tanks<br /> <br /> The Relocation Agent should estimate the reasonable and customary charge to move the LP tank and use that figure, if acceptable, on the actual cost - self-move claim form. No moving cost agreement is necessary. Liquified petroleum suppliers should be contacted to establish what is reasonable and customary for moving their tanks. Costs could vary depending upon distances traveled, size and accessibility for tank removal.<br /> <br /> ==236.8.7 Relocation Assistance Program - Fixed Payment Moving Payments - Businesses, Farm Operations and Nonprofit Organizations==<br /> <br /> ===236.8.7.1 Fixed Payments - Businesses===<br /> <br /> '''(a) Payment Eligibility Requirements'''<br /> <br /> The owner of any business that qualifies for a moving cost payment can elect to claim a fixed payment for moving '''instead''' of a moving cost payment based on actual cost plus related expenses, '''provided''' that the additional eligibility requirements outlined in the following four subparagraphs are satisfied.<br /> <br /> '''NOTE''': The terms &quot;fixed payment,&quot; &quot;in-lieu payment&quot; &quot;displaced business,&quot; &quot;displaced farm operation&quot; &quot;and displaced nonprofit organization payment,&quot; and &quot;fixed payment for moving expenses, non-residential moves&quot; are synonymous.<br /> &lt;div id=&quot;(1) Business must&quot;&gt;&lt;/div&gt;<br /> :'''(1) Business must Contribute Materially to its Owner's Income'''<br /> <br /> :Only displaced lawful businesses that contribute materially to their (owner's) income can qualify for a fixed moving payment.<br /> <br /> :The following procedure is a three-point test to determine material contribution. The business must meet '''one''' of these tests:<br /> <br /> ::'''Test 1''': Combine the business' average annual '''gross''' receipts for the two taxable years prior to the year in which it is displaced and divide the total by two. If the conclusion is $5,000 or more, the business will be considered to contribute materially to its owner's income.<br /> <br /> ::'''Test 2''': Combine the business' average annual '''net''' earnings for the same two taxable years discussed in test (1) and divide the total by two. If the conclusion is $1,000 or more, the business will be considered to contribute materially to its owner's income.<br /> <br /> ::'''Test 3''': Step (a): Combine the owner's annual '''gross''' income from all sources for the same two taxable years period discussed in test (1) and divide the total by two.<br /> <br /> ::Step (b): Combine the annual '''gross''' income produced by the business during the same two taxable years and divide the total by two.<br /> ::Step (c): Divide the annual gross income produced by the business by the owner’s annual gross income. If the result equals or exceeds 33 1/3% of the owner's annual gross income, the business will be considered to contribute materially to its owner's income.<br /> <br /> :If the business has not been in operation, or has not been operated by the current owner (relocatee), for the entire two taxable years period, base the above &quot;tests&quot; on the actual period of the owner's operation projected to an annual rate. (Determine the total gross receipts, net earnings or gross income, whichever is applicable for the &quot;test&quot; involved, during the actual period of the current owner's operation. Divide the conclusion by the number of months of operation by the current owner. Multiply that conclusion by 12 to determine the annual average.)<br /> <br /> :It is permissible, with concurrence from the Right of Way Section, to use a different period, if more equitable and/or different criteria, if the above criteria create an inequity or hardship.<br /> <br /> :The term &quot;lawful business&quot; relates to any business not prohibited by law. (Businesses operating in violation of zoning ordinances and/or laws, except those legally operating under a &quot;grandfather clause,&quot; will be considered unlawful.) It is possible for a lawful business to be operating illegally due to the improper licensing. Lawful businesses operating with license deficiencies will, if otherwise qualified, normally be eligible for fixed moving payments. Relocation personnel are responsible for determining whether or not a business is lawful, but are not required to determine that all licensing requirements have been complied with.<br /> <br /> :Relocatees who claim fixed payments must provide copies of their federal income tax returns for the two applicable tax years to prove (1) that the business operation meets the &quot;material contribution&quot; test, and (2) for use in computing the amount of their fixed payment. (Only the portion of the tax returns necessary to prove material contribution and average annual net earnings is required.)<br /> <br /> :Income information provided by the relocatees may be verified with the U. S. Internal Revenue Service if for any reason the amount of net income appears questionable. The owner or officer of any displaced business who claims a fixed moving payment must sign on IRS Form 4506 designating the Missouri Department of Transportation to receive copies of the tax forms necessary to verify income. The district may if there is reason to question income, send this form to the IRS when the relocate submits a signed claim for the fixed payment. The claim may be sent to the division for payrolling; however, the check for the fixed payment should not be delivered to the relocatee until income information provided by them is verified with the copies received from the IRS. The district should obtain copies of the 4506 form from the IRS.<br /> <br /> :In every instance, copies of federal income tax returns used to support and/or document relocation claims must contain, or have attached, the following '''signed''' statement:<br /> <br /> ::&quot;This copy of my 20XX income tax return contains exact and identical information to that contained in my original return submitted to the Federal Internal Revenue Service.&quot;<br /> <br /> ::&quot;I/we am/are currently receiving the following nontaxable income..&quot;<br /> <br /> :The portion of the certification relating to nontaxable income is required '''only''' in cases when the &quot;material contribution&quot; eligibility requirement is based on Test (3) discussed on page 1. It is '''not''' required when the determination is based on either Test (1) or (2). (As explained in EPG 236.8.8.1(f), nontaxable income is of no consequence in determining &quot;average annual net earnings&quot; for use in payment computations.)<br /> <br /> :(The relocatee must itemize any tax exempt income '''currently''' being received, such as social security payments, welfare payments, etc., that are not included in federal income tax returns.)<br /> <br /> :Date ____________________________ Signed ____________________________<br /> <br /> <br /> :Should a relocatee's income be so small that he/she is not required to file a federal income tax return, a signed and notarized statement of his/her total annual income and expenses can be accepted in lieu of a tax return.<br /> <br /> :'''(2) Requirement Concerning Inability to Relocate Businesses Without Substantial Loss of Existing Patronage'''<br /> <br /> :To qualify for a fixed payment, it must be determined that the business cannot be relocated, or in case of a partial acquisition, that it can neither continue to operate on the remaining property or be relocated, without a substantial loss of its &quot;existing patronage.&quot;<br /> <br /> :The word &quot;patronage&quot; as used in the term &quot;substantial loss of existing patronage&quot; relates to either &quot;clientele&quot; '''or''' &quot;net earnings.&quot; A business that cannot be relocated or continued in its present location without suffering a substantial loss of '''either''' its clientele '''or''' net earnings meets this eligibility requirement. (When nonprofit organizations are involved, &quot;patronage&quot; relates to membership or clientele.)<br /> <br /> :When making a determination concerning the ability to satisfactorily relocate the business, keep in mind that a business is assumed to suffer a substantial loss of its existing patronage '''unless''' the department proves otherwise. (The business owner should be given the benefit of reasonable doubt concerning his/her ability to relocate.)<br /> <br /> :When the owner of a business that is being displaced takes the position that the business cannot be relocated (or continue to operate on the remainder property) without a substantial loss of its existing patronage, the district must agree, '''or'''<br /> <br /> ::'''(A) if the business owner is a tenant''', locate an available replacement property (which will enable the business to retain its existing patronage) within the same general area that can be rented for an amount that is considered reasonable for the business involved, or, show the business owner how he/she can obtain financing to purchase an available and suitable replacement business property which requires monthly or annual payments that do not substantially exceed the rental fee being paid for the building acquired as right of way by the department,<br /> <br /> ::'''(B) if the business owner also owns the business property on which it is located''', the district must (1) locate an available replacement business property, (which will enable the business to retain its existing patronage) within the general area, that can be purchased for an amount not substantially higher than the amount offered and/or paid for the acquired business property by the department, (2) show the owner a suitable replacement, within the general area, which can be rented or leased for an amount reasonably applicable to the type business involved, or (3) reasonably prove that the owner can build a replacement within the general area for an amount that does not substantially exceed the amount offered and/or paid to him/her by the department for the acquired property. (If the right of way acquisition includes property other than the subject business property, it will be necessary to prorate the department's right of way offer and/or payment to determine the amount applicable to the business property when making the above determination.)<br /> <br /> :A replacement business location that is available for rent, which meets the needs of the business involved, '''can''' be considered a suitable replacement business property if the rental fee for such replacement does not substantially exceed an amount equal to the &quot;cost of owning the subject property.&quot; (The &quot;cost of owning the subject property&quot; can be determined by considering the subject's taxes, insurance, upkeep, etc., as well as a reasonable return on the money invested in such property.) The &quot;cost of owning&quot; and &quot;cost of renting&quot; can be computed either on a prorated monthly cost basis or on an annual cost basis.<br /> <br /> :Displaced business owners who intend to reestablish their businesses after displacement can, if otherwise eligible, qualify for and be paid a fixed payment if they contend that the business will lose a substantial portion of its existing patronage after being reestablished, unless the district disagrees and documents the unit file to provide sound reasons in support of a decision that such loss will not occur.<br /> <br /> :Additional noncompensable expenses which the owner would experience in moving to and operating at a potential replacement site should be considered when determining whether or not he/she will lose a substantial portion of the existing patronage, for example, the need to borrow additional capital, inability to secure additional financing and other related problems of this nature.<br /> <br /> :The fact that the owners of a displaced business intend to purchase or establish a different '''type''' of business after displacement has no effect on their eligibility for a fixed payment.<br /> <br /> :The fact that the owners of a displaced business intend to discontinue their business after displacement is not a factor in determining eligibility for a fixed payment. The owners will be eligible for the payment if they meet all eligibility requirements. They will not be eligible for such payment if a replacement business site is available which would enable them to continue their operation without a substantial loss of existing patronage. (This point must be explained to relocatees who advise that they plan to discontinue their operation after displacement and the Relocation Agent's Report must be documented to show that the explanation was so provided.)<br /> <br /> '''NOTE''': There is no circumstance that will permit a business owner to be paid a fixed payment and also receive reimbursement for the cost of moving the subject business.<br /> <br /> :'''(3) Requirement Eliminating Chain - Store and Multi - Location Businesses (this requirement does not apply to farms and nonprofit organizations)'''.<br /> <br /> :To qualify for this type payment the business must not be part of a commercial enterprise having more than three other entities which are not being acquired by the department and which are engaged in the same or similar business. (A business which does not contribute materially to the owner's income, using the three-point test discussed in the preceding subparagraph, is not considered &quot;another entity&quot; and does not normally disqualify the owner for receiving a fixed payment.)<br /> <br /> :To be declared ineligible for a fixed payment under this requirement both the business being displaced and the similar businesses not being acquired must have a common ownership. Businesses and corporations are both considered to have common ownership, even though they are known by different business or corporation names, if their owners are the same individuals.<br /> <br /> :If family-owned businesses are involved which do not reflect identical ownerships, provide the pertinent facts to the Right of Way Section and request a determination concerning payment eligibility.<br /> <br /> :Displaced business owners who own other similar businesses not being acquired at the initiation of negotiations for the subject parcel may become eligible for a fixed payment if they dispose of such other businesses prior to actual displacement of the subject business, (provide all facts to the Right of Way Section and request a payment eligibility determination). Relocatees who acquire another similar business after the initiation of negotiations (which is not a replacement for the displaced business) may lose their eligibility for an fixed payment; again provide the facts to the Right of Way Section and request an eligibility determination.<br /> <br /> :The private '''owners''' of a displaced business who are merely operating under a chain store name are qualified for a fixed payment, provided that they meet the other eligibility requirements.<br /> <br /> :The owner of a displaced business who also owns a corporation which holds title to the property on which the business is located, and, the owner of a displaced business which has been incorporated who also owns the property on which the business is located '''cannot''' be paid separate payments for the business and for the corporation. The incomes from both the business and the corporation, which would normally be the average annual net earnings of the business and the average annual rentals paid by such business for the site on which it is located, can be combined, however, in computing the owner's total average annual net earnings on which the one fixed payment will be based. (If some of the business owners and corporation owners, but not all of such owners, are the same persons, contact the Right of Way Section for a determination concerning eligibility for two separate fixed payments.)<br /> <br /> :If a situation is encountered where the degree of similarity between a displaced business and another business owned by the same person or firm is marginal, the district can, if it so desires, submit its recommended decision to the Right of Way Section for concurrence. (The same is true if the degree of ownership in the &quot;similar business&quot; is so small that the question of payment eligibility cannot be firmly established.)<br /> <br /> :'''(4) Requirement Concerning Time and Location'''<br /> <br /> :To qualify under this requirement the subject business must be operated by the current owner on the property being acquired at the initiation of negotiations for the subject property '''OR''' at the time such property was actually acquired by the department.<br /> <br /> :&quot;Notices of Intent to Acquire-Relocation&quot; are not normally provided to owners of businesses, farm operations and nonprofit organizations; however, should a notice of this type be provided, the date of the notice will be used, in lieu of the initiation of negotiations date in determining whether or not applicable eligibility requirements have been met.<br /> <br /> :'''(5) Businesses Owned by Estates'''<br /> <br /> :An estate is eligible for a fixed payment, '''if''' otherwise qualified, when the business is owned by the estate is displaced.<br /> <br /> :'''(6) Business Sells After Initiation of Negotiations'''<br /> <br /> :If the owner of a business scheduled for acquisition sells the business to another party after right of way negotiations are initiated for the subject property, or after receipt of a &quot;Notice of Intent to Acquire-Relocation,&quot; they will not normally be eligible for a fixed payment. The new owner of the business, '''if otherwise eligible''', could normally qualify for the payment '''if''' they continue the business operation '''on the subject property''' until it is acquired.<br /> <br /> :'''(7) Displacement Must be the Direct Result of Acquisition'''<br /> <br /> :Business owners cannot qualify for a fixed payment unless they are displaced as a direct result of the acquisition of real property; therefore, owners who relocate or discontinue their operation because of a change in the highway such as being placed on an outer roadway, because of changes in the flow or direction of traffic, or because of the removal of crossover connections, or other changes which can be accomplished through police powers and without compensation to the property owners, are not eligible for this type payment. This is true even though the owners may lose a substantial portion of their existing patronage due to the noncompensable changes in the highway.<br /> <br /> :This policy also applies when a portion of the real property or a compensable right was acquired by the department that did not '''in itself''' justify the displacement, even though a noncompensable change in the highway did cause the operation to lose a substantial portion of its existing patronage.<br /> <br /> '''(b) Two or More Business Operations, Same Site and Same Owner'''<br /> <br /> It is often difficult to determine whether different types of business activities conducted on the same property by the same individual or firm actually constitute more than one business operation. If so, the owner of the businesses would be entitled to separate fixed payments for each business that qualified for this type payment. If it is determined that the business activities complement each other and are so closely related that only one actual business is involved, only one fixed payment can be made.<br /> <br /> The following are broad guidelines that can be used in making a determination as to the number of actual businesses involved.<br /> &lt;div id=&quot;When several business activities&quot;&gt;&lt;/div&gt;<br /> :'''(1)''' When several business activities, located on the same property and operated by the same party, which are closely related and complement each other, are all located within acquisition, they will normally be considered as one business. This is especially true if it is necessary to combine the income from all of the activities to produce a reasonable business profit.<br /> <br /> :This type situation would probably exist; for example, when one party operates a small &quot;Mom and Pop&quot; store, filling station and small motel all on the same parcel. If, in this type situation, a partial acquisition removes one or more of the separate activities (and leaves at least one), contact the Right of Way Section for instructions as each case of this kind must be judged on its own merit.<br /> <br /> :'''(2)''' If the different activities are not related and if they do not compliment each other, they will normally be considered as separate businesses and the owner will be entitled to separate fixed payments, provided that each business qualifies on its own merits. (It is not necessary that the different business activities be relocated to the same site.)<br /> <br /> :It is possible that one business, in this type situation, could be relocated without a substantial loss of either its average annual net earnings or clientele and another could not. In this case, the owner could be paid a moving cost claim covering the cost of relocating the one business and a fixed payment on the other.<br /> <br /> Other factors to be considered in making a multi-business determination is the extent to which:<br /> <br /> ::'''(1)''' the same premises and equipment are shared,<br /> <br /> ::'''(2)''' substantially identical or interrelated business functions are carried out and business and financial affairs are commingled,<br /> <br /> ::'''(3)''' the entities are held out to the public, and to those customarily dealing with them, as one business,<br /> <br /> ::'''(4)''' the same person, or closely related persons own, control or manage the affairs of the entities.<br /> <br /> If any doubt exists concerning the number of separate businesses that exist on a parcel, submit all facts to the Right of Way Section for final determination. (Always advise whether the relocatee files separate income tax schedules on the different activities involved or combines and reports the overall income as having been produced by one business operation.)<br /> <br /> '''(c) Businesses Affected by Partial Acquisitions'''<br /> <br /> The owner of businesses located on parcels which are partially acquired for right of way purposes (including partial access acquisition) are not eligible for a fixed payment if they do not qualify as being displaced and are physically and legally able to continue their operation on their remaining property, or if they are able to relocate the business, without a substantial loss of existing patronage.<br /> <br /> Business owners who also own the property on which the business is located cannot normally qualify for a fixed payment when the right of way payment is adequate to pay for rearranging their remaining facilities to enable them to continue the operation.<br /> <br /> Business tenants of properties owned by persons who receive a right of way settlement adequate to reasonably &quot;cure&quot; the inadequacies caused by the acquisition, or who receive a part of the right of way consideration themselves, which is adequate to provide the &quot;cure,&quot; will not normally become eligible for this type of payment. If, however, the real estate owner did not receive a right of way payment that is sufficient to &quot;cure&quot; the deficiencies that prohibit continuation of the tenant's business operation and as a consequence does not intend to correct the deficiencies, the tenant (subject relocatee) will normally be eligible for the payment.<br /> <br /> Should a landlord who receives an adequate right of way settlement to enable him/her to &quot;cure&quot; the inadequacies caused by the acquisition elect not to correct such inadequacies, so advise the Right of Way Division office and request specific instructions covering the business tenant's eligibility for a fixed payment.<br /> <br /> The future effect of a partial acquisition on an existing business could be highly controversial and decisions made by the district concerning eligibility for fixed payments would have to be well thought out, documented and explained in the unit file. The Right of Way Section will assist in making these decisions when requested to do so. Statements provided in the appraisals concerning costs to cure and the effect of the subject acquisition on future business operations can be very beneficial in making eligibility decisions and can also provide good documentation for the relocation file to support final conclusions.<br /> <br /> '''NOTE''': The owner of a business cannot qualify for a fixed payment if he/she elects to continue operating on the property remaining after the acquisition, even though it is mutually agreed that the business will suffer a substantial loss of its average annual net earnings if continued on such remainder, '''if''' a suitable replacement business site is available which would enable him/her to relocate and continue the business without a &quot;substantial loss.&quot;<br /> <br /> '''(d) Rental Property'''<br /> <br /> If the business is operated at the displaced site solely for the purpose of renting to others, it is '''not''' qualified for this payment. This includes building or land rentals.<br /> <br /> '''(e) Junkyards'''<br /> <br /> Owners of legally located and legally operated junkyards can be paid fixed payments if their business operations meet all eligibility requirements.<br /> <br /> Legal junkyards displaced under the Highway Beautification Act, which meet routine eligibility requirements, are eligible for assistance and payments under the Relocation Program. Application of the Relocation Program under this circumstance will normally involve unusual and complicated conditions. As a result, the districts should in every case submit proposed relocation payment offers to the Right of Way Section for concurrence prior to making commitments to the relocatees involved.<br /> <br /> Fixed payments cannot be made to the owners of illegal junkyards. When an illegal junkyard is displaced, contact the Right of Way Section for special instructions.<br /> <br /> '''(f) Payment Determinations'''<br /> <br /> The owners of a displaced business who qualify for a fixed payment are entitled to an amount equal to the average annual net earnings of their business, not to exceed a maximum payment of $40,000 or less than $1,000.<br /> <br /> The term &quot;average annual net earnings&quot; means one-half of any net earnings of the business, before federal, state, or local income taxes have been deducted, during the two taxable years immediately preceding the taxable year in which the business is displaced. (The business will be considered &quot;displaced&quot; on the date that it completely ceased its operation at the subject location.) Any compensation paid to the owners, their spouses and/or dependents shall be included in the computations of the &quot;average annual net earnings.&quot; All earnings and compensation should be established by federal income tax returns covering the two-year period. (See information relating to income tax returns in [[#(1) Business must|EPG 236.8.7.1(a)(1))]].<br /> <br /> If the two taxable years immediately preceding displacement are not representative, the district can, with prior approval from the Right of Way Section, base the &quot;average annual net earnings&quot; on a more representative period.<br /> <br /> Interest payments made by a business to the owners of the business (interest on money loaned to the business by its owner) '''cannot''' be included as a part of the average annual net earnings of the business.<br /> <br /> '''NOTE''': When a partial acquisition is involved, the owner of a business who is eligible for a fixed payment, due to being unable to either continue the operation on the remainder of the subject property or to relocate to a replacement site, may elect to continue operating on the remainder regardless of substantial loss of patronage. If so, the business will not actually cease to operate. Under this condition, the business will be &quot;displaced,&quot; as the term is used in this section, at the time the use of the area included within the right of way acquisition (or the use of other rights acquired by the department) are denied to the business owner.<br /> <br /> '''(g) Payment Computations'''<br /> <br /> :'''(1) Business Operated Two Full Taxable Years or More'''<br /> <br /> :If an eligible business was in operation under the same ownership for two full taxable years immediately preceding the taxable year in which it was displaced, add the net earning from each of the two preceding taxable years together and divide the total by two. The resulting figure represents the average annual net earnings. This amount will be paid to the owner if it exceeds $1,000, and does not exceed $40,000. (As previously stated, if the computed figure is less than $1,000, the minimum $1,000 payment will apply and if it exceeds $40,000, the payment will be limited to the $40,000 maximum.)<br /> <br /> :Should a loss occur in one year and a gain in the other, the year in which the loss was incurred should be considered as zero income when determining the average net income for the two-year period.<br /> <br /> :'''(2) Business Operated Less Than Two Full Taxable Years'''<br /> <br /> :If the current relocatee did not own the displaced business during the full two taxable year period, or if it was not located at the displacement site for the full period, the fixed payment will be computed by projecting its net earnings to an annual rate. Procedures for computing payments based on projected earnings are as follows. (Should any of the following procedures produce a fixed payment that is not representative of the business' average annual net earnings, so advise the Right of Way Section and request an alternate computation procedure.)<br /> <br /> ::'''A - Business Produced Net Earnings During the Two Taxable Years Prior to Displacement'''.<br /> <br /> ::Divide the total accumulated net earnings for all of the months the business operated prior to the taxable year of displacement by the number of months it operated during the same period and multiply the resulting figure by 12; for example, a business that had been originally established by its owner on August 1, 1984, was located on a parcel acquired by the department in November 1985. The business was required to vacate the parcel in February 1986, (income tax filed on calendar year basis).<br /> <br /> ::::Net earnings 1984 = $3,000 (5 months)<br /> <br /> ::::Net earnings 1985 = $7,000 (12 months)<br /> <br /> ::::$3,000 + $7,000 = $10,000 divided by 17 months = $588.24<br /> <br /> ::::$588.24 x 12 months = $7,058.88<br /> <br /> ::::Computed fixed payment = $7,058.88<br /> <br /> ::'''B - Business Produced No Net Income Prior to Taxable Year of Displacement'''.<br /> <br /> ::If the current owner's business did not produce net income at the subject site prior to the year of displacement, compute the payment in the same manner discussed in &quot;A&quot; above using the total net earnings and total months of operation during the year of displacement. (It is quite possible that the computed payment will not be representative when a brief period of operation is involved. If so, do not hesitate to request an alternate computation procedure.)<br /> <br /> ::When the net earnings produced by the business during the displacement year is used in the payment computations, it will normally be necessary to accept a certified financial statement from the relocatee, instead of a tax return, to document the claim.<br /> <br /> ::'''C - Seasonal Businesses'''.<br /> <br /> ::When a seasonal business is involved, one that is &quot;open for business&quot; for a limited period during a normal taxable year, divide the '''total''' accumulated net earnings produced during the entire period that the business was in existence (on the subject site and owned by the relocatee) by the total number of months the business operated during its open season, then multiply the resulting figure times the total months of annual open season; for example, a seasonal business was established on July 1, 1984. It has a 3 month open season per year (open to the public June, July and August). The department purchased the parcel in November 1985. Possession passed to department, February 1986.<br /> <br /> ::::Net earnings 1984 (operated July &amp; August = 2 months) = $2,000<br /> <br /> ::::Net earnings 1985 (operated all 3 months of season) = $3,000<br /> <br /> ::::$2,000 + $3,000 = $5,000 divided by 5 (business operated during 5 months of open season) = $1,000 average per month of open season x 3-month normal annual open season = $3,000 average annual net earnings. (Computed fixed payment is $3,000)<br /> <br /> '''NOTE''': An alternate procedure should be developed when a seasonal business was purchased by the current relocatee and displaced by the department prior to its &quot;open season.&quot; (In this case, there would be no income to project, which would create a nonrepresentative annual net earnings.)<br /> <br /> ::Special computation procedures will also be required when a substantial portion of a displaced business' annual net earnings are produced during a season and a small portion during the balance of the year. Regardless as to when the business is displaced, an unrealistic annual net earning would be developed by merely &quot;projecting&quot; the earnings during the limited period of operation. (A projection of the high earnings during the &quot;busy&quot; season would result in an unrealistic high annual earnings and a projection of the &quot;off-season&quot; earnings would be unfair to the relocatee.)<br /> <br /> ::When these, or other, unusual conditions are experienced, request alternate computation procedures from the Right of Way Section.<br /> <br /> ::'''D - Other Situations Which May Require Special Consideration in Determining Representative Annual Net Earnings'''.<br /> <br /> ::When unusual circumstances prevail which indicate that a different period of time (other than the two taxable years prior to displacement) should be used in determining a business' annual net earnings, so advise the Right of Way Section. Conditions which may justify an alternate period could exist when:<br /> <br /> :::1. The relocatee owned the same business while located at a different location during the two taxable years period.<br /> <br /> :::2. The relocatee purchased an existing established business during the two taxable years period.<br /> <br /> '''NOTE''': Changes in economic conditions not directly related to or caused by the acquisition will not normally be justification for using an alternate two-year period.<br /> <br /> ===236.8.7.2 Fixed Payments - Farm Operations===<br /> <br /> '''(a) Payment Eligibility Requirements'''<br /> <br /> For the owner of a displaced farm operation to be entitled to a fixed payment the department must determine:<br /> <br /> :(1) That the farm operation contributes materially to its owner's income.<br /> <br /> :Review [[236.8 Relocation Assistance Program#236.8.7.1 Fixed Payments - Businesses|EPG 236.8.7.1(a)(1)]], which is fully applicable when a farm operation is involved.<br /> <br /> :(2) That the farm operation was owned by the relocatee and existed on the property being acquired by the department at the initiation of negotiations for the subject property, '''or''' at the time such property was actually acquired by the department.<br /> <br /> :(3) That the farm operator has completely discontinued his/her existing farm operation at the present location.<br /> <br /> In the case of a partial acquisition, the farm operation will be considered to have been displaced if the property remaining after the right of way acquisition is no longer an economic unit for the '''same type''' of farm operation that was being conducted prior to the acquisition. (As a consequence, the farm operation will be considered as being displaced if the acquisition necessitates a substantial change in the principal operation or in the nature of the existing farm operation.) This determination will normally be made during the appraisal process. If the appraisals are not clear concerning this point, the appraisers should be requested to provide addenda expressing and justifying their positions. If there is a difference of opinion, the district Right of Way Manager will make the determination. The unit file must be documented accordingly. (Should the owners of a farm operation who are eligible for a fixed payment due to a partial acquisition move the operation to another location, they could claim a moving cost payment instead of the fixed payment if they so desire.)<br /> <br /> '''NOTE''': Before approving a farm fixed payment when a partial acquisition is involved, the district '''must''' determine, and comment in the unit file, that (1) all farming operations have completely ceased on the remaining property, (2) that any farm operation being conducted on such remainder is '''substantially different''' in nature from the operation that existed prior to the acquisition, '''or''' (3) if the same, or not substantially different, type of farm operation is being conducted on the remainder as existed prior to the acquisition, that such operation has of necessity been so '''substantially reduced''' in size as compared to the prior operation that the change is equal to a displacement. (Concurrence must be obtained from the Right of Way Section before a payment can be approved when the last situation exists.<br /> <br /> If the acquisition causes a farming operation to be displaced, the owner is entitled to this payment, if otherwise eligible, even though other replacement farms are available for purchase or rent in the area. The relocatee can relocate and continue the farm operation at a new location without affecting his/her eligibility for this type payment.<br /> <br /> If farm operators are using two separate farms in their overall farming operation, they are not normally entitled to a fixed payment even though one of the units is reduced to an uneconomic unit by a right of way acquisition if they can continue to operate on the remaining unit without a substantial reduction or change in the overall operation. If the operators have two distinctly different farm operations at two different and disconnected locations (neither operation related to or dependent on the other), they can be paid a fixed payment, if otherwise eligible, if one of the operations is displaced by a right of way acquisition. The fact that farm operators have other farming operations that are not affected by the highway improvement does not affect their eligibility for this type payment.<br /> <br /> '''(b) Actual Owner of Farm Operation Receives Payment'''<br /> <br /> If a sharecropper or tenant is actually conducting the farming operation that is being displaced (and is not merely an employee of the landlord) he/she is entitled to a fixed payment, if otherwise eligible, even though the landowner may share in the profits. (The landowners might be able to justify a claim that their farm rental constitutes a business; however, it is highly unlikely that they could meet the requirements to receive a fixed payment.)<br /> <br /> '''(c) Mineral Production and Quarry Operations'''<br /> <br /> When minerals are being produced on a farm on a commercial basis and/or when quarrying operations are so conducted, they are to be considered as '''separate businesses''' and not taken into consideration as a part of the farm operation. (The farm operation relates to agricultural activities only.)<br /> <br /> '''(d) Farm Operations Owned by Estates'''<br /> <br /> The information provided in [[236.8 Relocation Assistance Program#236.8.7.1 Fixed Payments - Businesses|EPG 236.8.7.1(a)(5)]], relating to businesses owned by estates, also applies to farm operations owned by estates.<br /> <br /> '''(e) Farm Operation Sold After Initiation of Negotiations'''<br /> <br /> The information provided in [[236.8 Relocation Assistance Program#236.8.7.1 Fixed Payments - Businesses|EPG 236.8.7.1(a)(6)]], relating to businesses which sell after initiation of negotiations, also applies to farm operation which are sold after initiation of negotiations.<br /> <br /> '''(f) Payment Determinations'''<br /> <br /> The owners of a displaced farm operation who qualify for a fixed moving payment are entitled to receive an amount equal to the average annual net earnings of the subject farm operation not to exceed a maximum payment of $40,000 or be less than a minimum payment of $1,000.<br /> <br /> The term &quot;average annual net earnings&quot; means one-half of any net earnings of the farm operation, before federal, state, or local income taxes have been deducted, during the two taxable years immediately preceding the taxable year in which the farm operation is displaced. Such &quot;average annual net earnings&quot; include any compensation paid by the farm operation to the owner, his/her spouse, or his/her dependents during the two-year period.<br /> <br /> All earnings and compensation should be established by federal income tax returns filed by the farm operation and its owner, his/her spouse, and his/her dependents during the two-year period. (Review the instructions in [[236.8 Relocation Assistance Program#236.8.7.1 Fixed Payments - Businesses|EPG 236.8.7.1(a)(1)]], concerning income tax returns that are fully applicable when farm fixed payments are involved.)<br /> <br /> If the two taxable years immediately preceding displacement are not representative, the district can, with prior approval from the Right of Way Section, base the &quot;average annual net earnings&quot; on a more representative two-year period. (This exception will not be granted as routine procedure or without substantial justification. A change in economic conditions not directly related to the acquisition will not normally be an acceptable reason for using a different two-year period.) The three-point &quot;material contribution&quot; test discussed in section 236.8.8.1(a), is applicable.<br /> <br /> Interest payments made to the owner of the displaced farm operation by the &quot;operation&quot; (interest on money loaned to the operation by such owner) '''cannot''' be included as a part of the average annual net earnings of the subject operation.<br /> <br /> '''NOTE''': If a total acquisition is involved, the farm operation will be considered &quot;displaced&quot; when it completely ceases to operate at the subject location. If the displacement is caused by a partial acquisition, the existing farm operation will be &quot;displaced&quot; at the time it completely ceases to operate at the subject location or at the time the use of the property and/or rights acquired by the department are denied to the farm operator, whichever occurs first.<br /> <br /> '''(g) Payment Computations'''<br /> <br /> :'''(1) Farm Operation Existed Two Full Taxable Years or More'''<br /> <br /> :If a qualified farm operation was in existence for two full taxable years immediately preceding the taxable year in which it was displaced, add the net earning from each of the two preceding taxable years together and divide the total by two. The resulting figure represents the average annual net earnings. This amount will be paid to the owner if it exceeds $1,000, and does not exceed $40,000. (As previously stated, if the computed figure is less than $1,000, the minimum $1,000 payment will apply and if it exceeds $40,000, the payment will be limited to the $40,000 maximum.)<br /> <br /> :Should a loss occur in one year and a gain in the other, the year in which the loss was incurred should be considered as zero income when determining the average net income for the two-year period.<br /> <br /> :'''(2) Farm Operation Existed Less Than Two Full Taxable Years'''<br /> <br /> :If the current relocatee did not own the displaced farm operation during the full two taxable year period, or it was not located at the displacement site for the full period, the fixed payment will be computed by projecting its net earnings to an annual rate.<br /> <br /> :The projection of a farm operation's partial net earnings to an annual rate is '''not''' a simple mechanical procedure and the procedure used in projecting a business' partial earnings to an annual rate will '''not''' normally be applicable.<br /> <br /> :For example, a farm's net earnings for one or two months during harvest season may be its annual net earnings. If a wheat farm is involved and the crop is harvested in June, the net income for June would be nearly equal to the net earnings for the entire year. A simple projection of this one-month income to an annual rate, by multiplying times 12, would produce an unrealistic high annual net earnings. If the displacement occurred prior to harvest, there would be no net income to project, this time reflecting an inappropriately low net income.<br /> <br /> :If the need to project a farm operation's partial net earnings to an annual rate is encountered, the Right of Way Section will assist in developing a procedure which specifically considers the type operation involved and the various factors which must be considered in projecting a representative annual net earnings.<br /> <br /> ===236.8.7.3 Claim Form - Business or Farm Operation Fixed Payment (See RA Form 236.8.7.3)===<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Business%20or%20Farm%20Operation%20Fixed-Payment%20Claim%20Form%20236.8.7.3.docx RA Claim Form 236.8.7.3] must be used when business or farm operations claim a fixed moving payment. Claims must be submitted to the department within the 18-month period discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(b]]).<br /> <br /> General information concerning claim forms previously discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(d)]], also applies to this form.<br /> <br /> The following detailed information concerning the subject claim form covers only those points that are most likely to be misunderstood. The portions not specifically mentioned are considered to be self-explanatory.<br /> <br /> In the first section following the heading, on the second line, give a street address when possible. If rural property is involved, describe its location in relation to known landmarks; for example, &quot;on Route E, two miles south of Route J Intersection.&quot;<br /> <br /> The next section of the form must be used to determine the &quot;average annual net earnings&quot; when the subject operation has been in existence for two full taxable years prior to the year it was displaced.<br /> <br /> The third section of the form is to be used if the relocatee's operation was in existence less than the two full taxable years referred to above. (None of the spaces within this section of the claim form are to include either the number of months, or the earnings from months, within the taxable year in which the displacement occurred.)<br /> <br /> In either case, the amount claimed should be equal to the average annual net income '''unless''' it exceeds the maximum authorized payment, in which case $40,000 will be claimed, or is less than the minimum authorized payment, in which case $1,000 will be claimed.<br /> <br /> In every case (with the exceptions noted in [[236.8 Relocation Assistance Program#236.8.7.1 Fixed Payments - Businesses|EPG 236.8.7.1(a)(1)]], copies of the owner's federal income tax reports covering the applicable periods must be attached to the claim form when submitted to the district office by the relocatee. (Copies of income tax returns should not be attached to copies of the claim form submitted to the Right of Way Section for payrolling purposes.) Review the portion of EPG 236.8.7.1(a)(1) that relates to the verification of copies of federal income tax returns used to support relocation claims. (If copies of the owner's federal income tax reports are not obtained, under the &quot;exceptions&quot; noted in section 236.8.7.1(a)(1), the required substitute documentation must be provided by the owner.)<br /> <br /> The balance of the form, both front and back, is considered self-explanatory with the two following notations: (1) In spaces provided in both &quot;Computation Sections&quot; to show whether a calendar year or fiscal year was involved, reflect the '''actual year''' in the applicable space, for example, &quot;Calendar Year 1972&quot; (do not complete these spaces by placing an &quot;X&quot; in one of the blanks), and (2) the unit file must contain an explanation as to why the business cannot be relocated without a substantial loss in its average annual net earnings. (These statements and explanations '''should not be taken lightly''' and '''must''' be adequate to justify the position taken and/or approved by the department.)<br /> <br /> ===236.8.7.4 Displaced Nonprofit Organization===<br /> <br /> '''(a) Payment Eligibility Requirements'''<br /> <br /> A displaced nonprofit organization may choose a fixed payment of $1,000 to $40,000 in lieu of the payments for actual moving and related expenses and actual reasonable reestablishment expenses, if the department determines that it cannot be relocated without a substantial loss of existing patronage (membership or clientele). A nonprofit organization is assumed to meet this test unless the department demonstrates otherwise. Any payment in excess of $1,000 must be supported with financial statements for the two 12 month periods prior to the acquisition. The amount to be used for the payment is the average of two years annual gross revenues less administrative expenses. Gross revenues may include membership fees, class fees, cash donations, tithes, receipts from sales or other forms of fund collection that enables the nonprofit organization to operate. Administrative expenses are those for administrative support such as rent, utilities, salaries, advertising and other like items as well as fund raising expenses. Operating expenses for carrying out the purposes of the nonprofit organization are not included in administrative expenses. The monetary receipts and expense amounts may be verified with certified financial statements or financial documents required by public agencies.<br /> <br /> '''(b) Claim Form - &quot;Fixed Payment&quot; Claim for Nonprofit Organizations (See [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Nonprofit%20Organization%20Fixed%20Payment%20Claim%20Form236.8.7.4.pdf RA Form 236.8.7.4])'''<br /> <br /> RA Claim Form 236.8.7.4 must be used when a nonprofit organization claims a fixed payment. Claims must be submitted to the department for payment within the 18-month period discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(b)]].<br /> <br /> General information relating to claim forms previously discussed in EPG 236.8.6.8(d) also applies to this form.<br /> <br /> The form is considered to be self-explanatory.<br /> <br /> '''NOTE''': The blank spaces that relate to a nonprofit organization which continues to function after displacement will seldom be used as it is very improbable that an organization that continues to function can qualify for this type payment.<br /> <br /> ===236.8.7.5 Time for Filing “Fixed Payment” Claims===<br /> <br /> '''(a) Operation Displaced From Acquisition Site'''<br /> <br /> The eligible owners of a displaced business, farm operation or nonprofit organization which is displaced from the acquisition site can claim their fixed payment anytime after (1) negotiations are initiated for the real property involved (or a Notice of Intent to Acquire-Relocation is issued), and (2) the operation has been completely discontinued on the displacement property, but no later than the end of the 18-month period discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(b)]].<br /> <br /> '''(b) Business Operation Continued on Remainder of Acquisition Site'''. (Review '''NOTE''' at end of [[236.8 Relocation Assistance Program#236.8.7.1 Fixed Payments - Businesses|EPG 236.8.7.1(f)]].)<br /> <br /> Business owners eligible for fixed payments who elect to continue operating on the remainder of the acquisition site regardless of their substantial loss of patronage can claim their payment anytime after (1) negotiations are initiated for the real property involved (or a Notice of Intent to Acquire-Relocation is issued), and (2) the area included within the right of way acquisition (or the use of other acquired rights necessary to the operation) is denied to the business owner, but no later than the end of the 18-month period discussed in [[236.8 Relocation Assistance Program#236.8.6.7 Ineligible Moving Expenses|EPG 236.8.6.7(b)]].<br /> <br /> '''(c) Nonprofit Operation Continued on Remainder of Acquisition Site'''<br /> <br /> It is not anticipated that nonprofit organizations which continue to operate on remainder parcels will qualify for fixed payments; however, should such a situation occur, the instructions in preceding subparagraph (b) will apply.<br /> <br /> '''(d) Substantially Reduced or Different Type Farm Operation Continued on Remainder of Acquisition Site'''. (Review [[236.8 Relocation Assistance Program#236.8.7.2 Fixed Payments - Farm Operations|EPG 236.8.7.2(a)(3)]], and '''NOTE''' at end of [[236.8 Relocation Assistance Program#236.8.7.2 Fixed Payments - Farm Operations|EPG 236.8.7.2(f)]]).<br /> <br /> Farm operators eligible for fixed payments who elect to continue a substantially reduced farm operation, or a different type farm operation, on the remainder of the acquisition parcel can claim their fixed payment anytime after (1) negotiations are initiated for the real property involved (or a Notice of Intent to Acquire-Relocation is issued), and (2) the area included within the right of way acquisition (or the use of other acquired rights necessary to the operation) is denied to the farm operator.<br /> <br /> '''(e) Owner of Displaced Operation is &quot;Subsequent Occupant&quot;'''<br /> <br /> Applicable instructions in preceding subparagraphs (a) thru (d) apply when subsequent occupants are eligible for fixed payments; however, claims from subsequent occupants cannot be paid until after the real property involved has been acquired by the department. (Keep in mind that operations owned by subsequent occupants must be in operation on the site at the time it is acquired by the department. If not, the owner is not an eligible relocatee.)<br /> <br /> ==236.8.8 Relocation Assistance Program - Replacement Housing Payments (RHP)==<br /> <br /> ===236.8.8.1 General Policy===<br /> <br /> Individuals and families displaced from dwellings including condominium and cooperative apartments they owned and occupied for at least 90 consecutive days prior to the initiation of negotiations for the property are entitled to a RHP to enable them to purchase replacement housing. They must meet the payment eligibility requirements outlined in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2]]. The payment, '''including''' reimbursement for incidental expenses incurred in the purchase of replacement housing as discussed in EPG 236.8.9 and compensation for loss of favorable financing as discussed in [[236.8 Relocation Assistance Program#236.8.10 Relocation Assistance Program - Increased Interest Payments|EPG 236.8.10]], cannot normally exceed $31,000.<br /> <br /> '''NOTE A: Exceptions to $31,000 Maximum Payment Limitation'''<br /> <br /> In some instances the addition of incidental closing or increased interest costs to the basic RHP will cause the total to exceed $31,000. Situations will also be encountered in which the department will not be able to make the required comparable DS&amp;S replacement housing available to a relocatee within the maximum payment limitations.<br /> <br /> The '''total''' RHP including incidentals and increased interest will be charged to the applicable Relocation Payment-Last Resort Housing Plan activity, object and <br /> sub-object codes.<br /> <br /> '''NOTE B: 90-Day Owner-Occupants Rent Replacement Dwelling Unit'''<br /> <br /> Eligible 90-Day owner-occupants who rent instead of purchasing DS&amp;S replacement housing are entitled to a rent supplement payment computed in the manner discussed in [[236.8 Relocation Assistance Program#236.8.11.2 Payment Eligibility Requirements|EPG 236.8.11.2(c)]]. The rent supplement payment cannot exceed the calculated RHP.<br /> <br /> '''(a) Advance RHPs'''<br /> <br /> If eligible relocatees request it, they may receive their RHP at the closing on the replacement home, provided that:<br /> <br /> :1. The relocatees' request in writing that their payment be handled in this manner.<br /> <br /> :2. The relocatees have entered into a sales contract, or some other written agreement to purchase, for a specific and available DS&amp;S replacement dwelling.<br /> <br /> :3. The relocatees have a loan commitment from a qualified lender that will enable them to purchase the replacement.<br /> <br /> :4. If owner-occupied and the department has acquired the existing dwelling.<br /> <br /> Advance RHPs will not be processed in district offices unless and until all four of the preceding requirements have been satisfied and the unit file documented accordingly.<br /> <br /> Advance payments must be made under the Escrow Payment Procedure discussed in section (b), or under the advanced occupancy (Relocation Housing Possession Agreement) procedure explained in section (c), whichever is most desirable under the circumstances involved.<br /> <br /> '''NOTE''': The advance payment procedures discussed in this subparagraph, and the two that follow, are normally applicable for both RHPs and down payments as discussed in [[236.8 Relocation Assistance Program#236.8.12.4 Advance Down Payment Assistance|EPG 236.8.12.4]].<br /> <br /> '''(b) Replacement Housing Escrow Agreements''' [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Escrow%20Agreement%20Form%20236.8.8.1.B.pdf (RA Form 236.8.8.1(b))]<br /> <br /> The escrow payment procedure is normally desirable in making an advance payment if the seller of the replacement dwelling is agreeable to closing the transaction and permitting the relocatees to occupy the dwelling prior to receipt of the entire purchase price, with the provision that the relocation payment will be placed in escrow for immediate delivery after the relocatees' purchase and occupancy eligibility requirements are fulfilled.<br /> <br /> The following actions should be taken when the escrow payment procedure is used:<br /> <br /> :'''Step 1''': Obtain a written request from the relocatees that their RHP be placed in escrow for delivery under the terms and conditions set out in Escrow Agreement RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Escrow%20Agreement%20Form%20236.8.8.1.B.pdf Form 236.8.8.1(b)].<br /> <br /> :'''Step 2''': The Relocation Agent and relocatees should mutually agree on a qualified Escrow Agent, other than the real estate firm that is handling the sale of the replacement property to the relocatees. (Reasonable escrow fees, which should always be predetermined, can be paid by the department as routine relocation incidental expenses.)<br /> <br /> :'''Step 3''': District relocation personnel should fill out three copies of a &quot;Relocation Housing Escrow Agreement&quot; (RA Form 236.8.8.1(b)) in the following manner:<br /> <br /> :List the names of all relocatees who are eligible to receive the advance RHP in the first blank space as &quot;Relocatees.&quot; Insert the name of the Escrow Agent in the second space.<br /> <br /> :The amount to be shown in the third paragraph of the agreement is the RHP that the relocatees will be entitled to receive if they conclude the purchase of their chosen replacement dwelling, the specific replacement dwelling discussed in Requirement No. 2 in preceding subparagraph (9), (The procedure for computing replacement housing offers is discussed in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3]]. Also show this same amount in the space provided in the first numbered paragraph of the agreement. If a down payment is involved, cross through &quot;Replacement Housing&quot; and indicate the amount of the computed rental subsidy amount.<br /> <br /> :The amount to be inserted in the third numbered paragraph is the total arrived at by adding (1) the amount paid to the relocatees by the department for their subject dwelling and supporting land area to (2) the above-referenced RHP. (This total must, in every case, be the same amount as the consideration being paid by the relocatees for the above-referenced replacement dwelling that they are purchasing.) If a down payment is involved, insert the computed rental subsidy amount.<br /> <br /> :'''Step 4''': Have all three copies of the agreement signed by all persons whose names appear in the first paragraph of the agreement as &quot;Relocatees,&quot; the escrow agent and the district engineer.<br /> <br /> :The Escrow Agent will check with the district prior to releasing the payment so that a final determination can be made to ensure that all payment eligibility requirements have been fulfilled. This point should be explained and clarified at the time the escrow agent executes the agreement.<br /> <br /> :'''Step 5''': Give one copy of the agreement to the relocatees, one copy to the escrow agent, and retain one copy for the unit file.<br /> <br /> :'''Step 6''': Assist the relocatees in completing and filing their advance RHP claim according to instructions provided in [[236.8 Relocation Assistance Program#236.8.8.4 RHP Claims|EPG 236.8.8.4(b) NOTE B]].<br /> <br /> '''NOTE''': Should a relocatee purchase a replacement under a binding purchase agreement, or under any other arrangement which would cause the wording in the second numbered paragraph to be inaccurate, advise the Right of Way Section in writing and wait for further instructions.<br /> <br /> Should a relocatee who intends to build a replacement dwelling (or otherwise obtain a replacement, other than through outright purchase of a DS&amp;S replacement dwelling) request an &quot;advance&quot; down payment, again advise the Right of Way Section in writing and wait for further instructions.<br /> <br /> '''NOTE''': Escrow fees should not be paid until the escrow agent has provided a signed receipt as required in the third numbered paragraph of the Escrow Agreement.<br /> <br /> '''(c) Advance Payment Using &quot;Relocation Housing Possession Agreement&quot;''' (RA [http://eprojects/Templates/RW/Chapter%208_Relocation/Relocation%20Housing%20Possession%20Agreement%20Form%20236.8.8.1C.1.pdf Form 236.8.8.1(c)])<br /> <br /> When the seller of the replacement dwelling will not convey title and permit the relocatees to occupy the replacement dwelling until he/she receives a substantial portion of the purchase price, the procedure in this subparagraph will normally be used in providing an advance RHP.<br /> <br /> Under this procedure relocatees can sign a RA Form 236.8.9.1(c), Relocation Housing Possession Agreement and receive their RHP prior to occupying the replacement dwelling.<br /> <br /> When this procedure is used the following actions are applicable:<br /> <br /> :'''Step 1''': The relocatees must request an advance RHP in writing. (The request to be made after the four &quot;pre-advance payment requirements&quot; in preceding section (a), have been satisfied.)<br /> <br /> :'''Step 2''': The relocatees must complete and file an appropriate claim, which should be processed for payment in the normal manner.<br /> <br /> :'''Step 3''': Advise the relocatees when the relocation payment check is received in the district office so they can arrange for the closing. The check is to be held in the district office until the following actions are accomplished.<br /> <br /> :'''Step 4''': The relocatees must sign two copies of the Relocation Housing Possession Agreement, one copy for the department and one for them. This can be accomplished at any time prior to delivery of the check; however, it is preferable that the agreement be completed and executed at or near the date of closing so that a firm possession deadline date can be established.<br /> <br /> :'''Step 5''': Department representative should hand carry the check to the scheduled closing. Immediately after title to the replacement dwelling is conveyed to the relocatee, the RHP check can be handed to them or their written designee, '''provided''' the department representative confirms that the actual consideration paid for the replacement dwelling is not less than the replacement housing cost used in computing the relocation payment. (If a down payment is involved, it must also be determined that the relocatees are actually making a down payment in the purchase of the replacement that is not less than the computed rental subsidy payment.) If either determination is negative, the relocation check must not be released; contact the Right of Way Section for additional instructions. The department representative should obtain a copy of the deed to the replacement dwelling (or other applicable conveyance instrument) and a copy of the closing statement at the time the RHP check is delivered.<br /> <br /> :'''Step 6''': A physical inspection must be made to determine whether or not the relocatees occupied the designated replacement dwelling by the date specified in the Possession Agreement. If so, the file must be documented accordingly. If not, the Right of Way Section must be notified at once.<br /> <br /> '''NOTE''': The advance payment procedure will not normally be permitted if the replacement dwelling is located in another state. <br /> <br /> Relocation Housing Possession Agreement RA Form 236.8.8.1(c) is applicable for advance RHPs. Advance down payments should utilize RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Relocation%20Housing%20Possession%20Agreement%20Form%20236.8.8.1C.1.pdf Form 236.8.8.1(c)(1)]. When a RHP is involved, complete the agreement in the following manner:<br /> <br /> :'''Space 1''': List the names of all relocatees who are entitled to receive the advance RHP.<br /> <br /> :'''Space 2''': Show the amount of the RHP that the relocatees will be entitled to receive if they conclude the purchase of their chosen replacement dwelling.<br /> <br /> :If the payment is to be made to the relocatees, insert the word &quot;them.&quot; (If only one relocatee is involved, insert &quot;him&quot; or &quot;her&quot; as appropriate.) If they request in writing that their payment be made to another party, normally the grantors of the replacement dwelling, set out the names of the designees.<br /> <br /> :'''Space 3''': Insert the address of the replacement dwelling. (If it is located in a rural area, describe its location in reference to known landmarks so that it can be readily identified.)<br /> <br /> :'''Space 4''': Reflect the shortest time period (number of days) in which the relocatees can reasonably expect to occupy the replacement dwelling after they receive their RHP. Occupancy should normally be accomplished within 30 days after closing. (Right of Way Section concurrence must be obtained if a longer occupancy period is shown in this space.)<br /> <br /> :'''Space 5''': When a RHP is involved, the amount to be shown in this space is the total arrived at by adding (a) the amount paid to the relocatees for their existing dwelling and supporting land area to (b) the advance RHP shown in space (2) of this agreement.<br /> <br /> :If a down payment is involved, space 5 must reflect the computed rental subsidy amount.<br /> <br /> :The agreements are to be executed by each relocatee whose name appears in space (1).<br /> <br /> :If the replacement is a mobile home site, change all references from replacement dwelling to replacement mobile home site. Also change the wording in the second paragraph of the agreement following &quot;actually occupy&quot; to read &quot;a replacement mobile home site in a decent, safe and sanitary manner as defined in the commission's Relocation Brochure prior to receipt of their RHP.&quot;<br /> <br /> :It is not likely that an advance RHP will be made when the replacement is a mobile home. If such request is made by an eligible relocatee, the Right of Way Section will provide additional instructions.<br /> <br /> ===236.8.8.2 Payment Eligibility Requirements===<br /> <br /> '''(a) Ownership and Occupancy Requirements - Subject Property'''<br /> <br /> The individual or family being displaced must have owned and occupied their dwelling unit for at least 90 consecutive days immediately prior to the initiation of negotiations for the subject property or, if they are provided a &quot;Notice of Intent to Acquire-Relocation&quot; by the department, they must have owned and occupied it for at least 90 consecutive days prior to the date they actually vacated the property '''if''' it was vacated prior to the actual initiation of negotiations. When a &quot;Notice of Intent to Acquire-Relocation&quot; is used, the 90-day period is measured from the date that negotiations are initiated for the subject, or from the date that it is vacated by the owner-occupant, whichever is earlier.<br /> <br /> '''(b) Ownership and Occupancy Requirements at Initiation of Negotiations'''<br /> <br /> To qualify for this type payment, the relocatees must have owned and occupied the property from which they are being displaced at the initiation of negotiations for that particular parcel or, if they are provided a &quot;Notice of Intent to Acquire-Relocation,&quot; at the time they receive the notice.<br /> <br /> See [[236.8 Relocation Assistance Program#236.8.1.25 Relocation Program on Projects Affected by a Major Disaster|EPG 236.8.1.25]], and [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(15)]], if individuals and families whose homes were damaged or destroyed by a major disaster were not able to reoccupy their dwellings by the time negotiations were initiated for the property.<br /> <br /> '''(c) Property Must Be Acquired By Department From Qualified Owners'''<br /> <br /> Displaced owner-occupants will not be eligible for a RHP if they sell the subject dwelling to any party other than the department after the initiation of negotiations for the parcel. The &quot;other party&quot; who purchases the dwelling will not be eligible for the payment.<br /> <br /> '''(d) Displacement Must Be Necessitated By Right of Way Acquisition'''<br /> <br /> The displacement must be necessary due to the actual acquisition of the subject dwelling by the department, or, due to its being rendered legally or physically landlocked and uninhabitable by the right of way acquisition.<br /> <br /> '''(e) Subject Must Be Owner's Principal Residence'''<br /> <br /> A RHP cannot be made unless the dwelling acquired as right of way by the department (or landlocked) is the owner's principal or legal place of residence. If doubt exists concerning this point, and the district is unable to make a determination, provide pertinent facts in writing to the Right of Way Section for final decision.<br /> <br /> Problems concerning this point are sometimes created when a member of the armed forces is on duty at another location. The following general rules apply in cases of this kind.<br /> <br /> :(1) If the owners have actually moved out of the dwelling, vacated it and taken up residence at another location, they are not eligible for a RHP.<br /> <br /> :(2) If the owners have not moved their furniture out of the house and have not actually surrendered possession to others, they would normally meet the &quot;principal residence&quot; requirement.<br /> <br /> '''NOTE''': Section 472.010(10) RSMo defines &quot;domicile,&quot; which the dictionary interprets as &quot;the place of residence of an individual or a family,&quot; as &quot;the place in which a person has voluntarily fixed his/her abode, not for a mere special or temporary purpose, but with a present intention of remaining there permanently or for an indefinite time.&quot;<br /> <br /> Section 1.020(9) RSMo states that &quot;place of residence means the place where the family of any person permanently resides in this State, and the place where any person having no family generally lodges.&quot;<br /> &lt;div id=&quot;(f) Decent, Safe&quot;&gt;&lt;/div&gt;<br /> '''(f) Decent, Safe and Sanitary Replacement Must Be Purchased and Occupied Within One Year'''<br /> <br /> The relocatees must purchase and occupy a replacement dwelling that meets DS&amp;S standards within a one-year period beginning on the later of:<br /> <br /> :(1) the date the relocatees or their Escrow Agent receives payment from the department for the acquired dwelling; or, in case of condemnation, the date the '''final''' judgment (commissioner's award, stipulated settlement, or jury award) is paid into court; or<br /> <br /> :(2) the date the relocatees move from the displacement dwelling.<br /> <br /> Related information covering the purchase of replacement housing is provided in following subparagraphs (g), (h) and (i) and in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a) 10,14 and 15]].<br /> <br /> '''NOTE A: Clarification of Purchase Requirement'''<br /> <br /> Eligible relocatees who entered into a legally binding contract to purchase a DS&amp;S replacement dwelling, or for the construction of a new replacement dwelling (or for the rehabilitation of a replacement dwelling which they purchased within the applicable one-year time period) will not normally lose their payment eligibility if they are unable to occupy such replacement dwelling within the specified time period for reasons that are beyond their reasonable control. (The unit file must be documented to explain the circumstances involved.)<br /> <br /> If eligible relocatees who purchase and occupy a DS&amp;S replacement dwelling within the one-year time period cannot get title thereto for reasons that are beyond their reasonable control until after such time period has expired, they will not normally lose their eligibility for payment and can file a claim after they do obtain title. (Again document the unit file to explain the circumstances involved.)<br /> <br /> When situations are encountered which reveal other reasons beyond the control of the relocatee, present the facts involved to the Right of Way Section and request an eligibility determination.<br /> <br /> Relocatees who qualify as owners due to having a life estate in the subject, or by holding a long-term lease thereon, can meet this eligibility requirement if they acquire at least the same interest in the replacement as they held in the subject property. (For computations in this situation see [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(11)]].)<br /> <br /> The purchase of a life estate in a retirement home normally enables a relocatee to qualify under this particular requirement. When determining the amount spent by the relocatee in purchasing his/her replacement, include the entrance fee plus any other monetary commitments to the home '''except''' periodic service charges.<br /> <br /> '''NOTE B: Replacement is Mobile Home'''<br /> <br /> A mobile home that meets DS&amp;S standards can be considered a qualifying replacement dwelling even though the relocatees were displaced from a conventional dwelling unit. The mobile home does not need to be located on the relocatees' land or made a part of the real estates to qualify as a replacement dwelling. The cost of the mobile home and site, if applicable, must be at least equal to the right of way payment made for the relocatees' residential property acquired by the department plus the computed RHP.<br /> <br /> '''(g) Displaced Owner Occupies Previously Owned Dwelling Unit as Replacement'''<br /> <br /> Displaced owner-occupants of a residential dwelling unit who move to and occupy a DS&amp;S replacement dwelling that they had previously owned may be entitled to a RHP. See NOTE B in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3]], for computation.)<br /> <br /> If relocatee previously owned a part interest in another residential property that is used as their DS&amp;S replacement, they would be eligible for a RHP '''provided that''' the current value of '''their interest''' in the replacement dwelling unit is equal to the entire amount paid for the subject property by the department plus their computed RHP offer.<br /> <br /> Determine the current value of the relocatees' prior interest in the replacement dwelling in the following manner:<br /> <br /> :'''Step 1''': Request that the replacement residential property be appraised. (The appraisal can be reviewed and approved in the district.<br /> <br /> :'''Step 2''': Determine the relocatees' degree of prior ownership in the replacement residential property by percentage.<br /> <br /> :'''Step 3''': Apply the percentage from Step 2 to the appraised value of the replacement residential property. The resulting figure will be the current value of the relocatees' prior interest in the property.<br /> <br /> '''(h) Relocatee Purchased Replacement in Partnership With Other Parties'''<br /> <br /> If qualified relocatees purchase their replacement dwelling in partnership with other parties who did not also own an interest in and occupy the subject dwelling, they must invest an amount equal to the entire amount paid for the subject property by the department plus the computed RHP in the purchase of their interest in the replacement. <br /> <br /> When this situation is encountered the relocatees' replacement housing claim form must be completed in the manner explained in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(14)]], which will ensure that the above requirement is complied with. (Also see [[236.8 Relocation Assistance Program#236.8.1.5 Ownership Qualifications|EPG 236.8.1.5(f)]].)<br /> <br /> If the relocatee also owned the subject dwelling in partnership with non-occupants, apply the instructions provided in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(13)]].<br /> <br /> '''(i) Deadline For Filing Claims'''<br /> <br /> Replacement housing claims must be filed with the department within six months after the expiration of the one-year period discussed in EPG 236.8.8.2(f), (the time period can be extended, for good cause, with concurrence from the Right of Way Section.)<br /> <br /> ===236.8.8.3 Payment Computations===<br /> <br /> A RHP must be for the lesser of an amount equal to the difference between the final amount received by eligible relocatees in payment for their dwelling ('''prior''' to any deductions covering the value of salvage retained by the owners) and either the actual amount paid for a DS&amp;S replacement dwelling by the relocatees (not including incidental closing costs and increased interest payments), or the amount determined by the department as necessary to purchase the most nearly comparable DS&amp;S replacement dwelling available. The payment, together with authorized incidental closing costs related to the purchase of the replacement and increased interest costs normally must not exceed $31,000.<br /> <br /> If the &quot;replacement&quot; is a mobile home, do not include the cost of the furniture and appliances therein as part of the &quot;consideration paid,&quot; even though they were purchased with the mobile home as part of a &quot;package deal,&quot; unless such furniture and/or appliances are built-in and are considered to be a part of the mobile home. Tie-down expenses, underpinning, transportation and/or delivery costs, installation costs (including &quot;blocking&quot; and/or foundation), the cost of steps, air conditioning and &quot;built-in&quot; furniture can all be included as part of the replacement housing cost.<br /> <br /> '''NOTE A: Correction of Decent, Safe and Sanitary and/or Functional Similarity Deficiencies'''<br /> <br /> If a relocatee whose RHP offer was based on a comparable DS&amp;S dwelling purchases a different replacement dwelling that has DS&amp;S deficiencies and after purchase corrects those deficiencies, the documented actual expenses, as discussed in EPG 236.8.8.3(a)(l0), can be considered as having been spent in the purchase of the property. The actual cost of correcting the DS&amp;S deficiencies can be added to the purchase price of the replacement.<br /> <br /> Relocatees who acquire a replacement dwelling that is not functionally equivalent to their displacement dwelling can include, as a part of the replacement purchase price, any documented expenditure they make in improving the replacement to a level of functional similarity. ('''IN NO CASE''' can such improvement be the replacement of an exterior attribute the value of which was subtracted from the acquisition cost of the displacement dwelling for purposes of computing their RHP.)<br /> <br /> The cost of improvements to the replacement dwelling other than those required to eliminate DS&amp;S deficiencies or to gain functional similarity with the displacement dwelling cannot be included as a part of the purchase price of the replacement dwelling.<br /> <br /> '''NOTE B: Relocatee Moves to and Occupies Previously Owned Residence'''<br /> <br /> Eligible displaced residential owner-occupants who move to and occupy a previously owned DS&amp;S dwelling as their replacement dwelling will be entitled to a RHP. The payment will be based on the lesser of the difference between their right of way payment for the subject residential property and (1) the price of the selected comparable that was used in computing their RHP offer, or (2) the current value of the previously owned replacement dwelling.<br /> <br /> Apply the following procedure in determining the current value of the pre-owned replacement dwelling.<br /> <br /> Request that the pre-owned replacement to be inspected by a qualified member of the right of way staff (normally an appraiser) to determine whether or not the value of the actual pre-owned replacement is equal to or exceeds the price of the selected comparable. If so, the inspector must prepare a written statement to this effect for the unit file. In this case, the RHP will be equal to the difference between the relocatees' right of way payment for the subject residential property and the price of the selected comparable.<br /> <br /> If, however, the inspector determines that the value of the actual pre-owned replacement is less than the price of the selected comparable, it will be necessary to obtain an appraisal of the actual pre-owned residential property. (The appraisal can be reviewed and approved in the district.) The relocatees' RHP will be equal to the difference between the right of way payment for the subject residential property and the appraised value of the pre-owned replacement.<br /> <br /> The &quot;current value&quot; of the pre-owned replacement residential property will be established at or near the time it is occupied by the relocatees. Value added by improvements made after occupancy will be ignored in determining the &quot;current value&quot; for use in RHP computations '''UNLESS''' they are necessary to make the dwelling DS&amp;S and/or to make it functionally equivalent to the displacement dwelling.<br /> <br /> When DS&amp;S corrections are necessary, consider the &quot;current value&quot; '''after''' the corrections are made when computing the RHP. (If the replacement dwelling is not made DS&amp;S within the one-year period discussed in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2(f)]], the relocatee will not normally be entitled to a RHP.)<br /> <br /> If the pre-owned replacement dwelling is not functionally equivalent to the displacement dwelling, the relocatees have the options of either (1) requesting that its &quot;current value&quot; at the time of occupancy (Prior to improvement) be used in the RHP computations to expedite the payment (this will normally be done when the pre-improvement value is expected to equal or exceed the price of the selected comparable on which the RHP offer was based, or (2) of waiting until improvements needed to make it functionally equivalent to the displacement unit are completed so that the &quot;current value&quot; after improvement will be used in the RHP computations. (The improvements must normally be made prior to the end of the one-year period discussed in [[#(f) Decent, Safe|EPG 236.8.8.2(f)]].)<br /> <br /> '''(a) Comparable Methods of Computing RHPs'''<br /> <br /> When an owner-occupied dwelling is acquired, the maximum amount that will be due the owners as a RHP must be determined if they meet all of the payment eligibility requirements for this type of payment.<br /> <br /> Under normal circumstances this determination will be made by analyzing at least three available replacement comparable properties.<br /> <br /> '''(1) Entire Acquisition of Single-Family Dwelling'''<br /> <br /> In this situation the entire offer made by the department to the owner-occupants for their residential property is deducted from the price of the most nearly comparable replacement available to determine the maximum additional amount necessary to enable owners to purchase a replacement property. This amount is the maximum RHP that the owners may be eligible to receive.<br /> <br /> '''(2) Acquisition Includes All Residential Improvements and Supporting Land Plus Other Lands'''<br /> <br /> This situation would exist when; for example,<br /> <br /> :(a) all residential improvements and supporting land area are included in a strip acquisition that also includes farm land, fences, and farm buildings not actually related to the residence. Residential improvements, as referred to above, mean the house, garage, residential storage sheds, well, and all other improvements located on the &quot;supporting land area&quot; and used in maintaining a home. The term &quot;supporting land area&quot; relates to an area comparable in size to typical residential building lots in the area.<br /> <br /> :(b) when an &quot;extra&quot; building lot is acquired with the subject residence and its supporting land area, and<br /> <br /> :(c) when the subject residence is situated on a small acreage plot, all or a portion of which is also acquired.<br /> <br /> In these situations an appraiser must &quot;carve out&quot; from the approved negotiating offer the portion that is chargeable to the residential improvements and supporting land area. '''Only''' this portion of the department's offer will be used in determining the RHP.<br /> <br /> '''NOTE: Determining Necessity for Prorating Negotiating Offer'''<br /> <br /> Although small acreage home sites (and occasionally farms) may be consistent in size within an area, they are not normally considered typical residential building lots. These units usually contain the equivalent to a typical residential building lot plus other lands which are not a part of the residential &quot;supporting land area.&quot;<br /> <br /> If &quot;other lands&quot; are involved, apply the following procedure in determining the area to be included in the residential &quot;supporting land area.&quot;<br /> <br /> Designate a hypothetical residential site that is equal to the area that encompasses the dwelling, garage, other residential improvements, and a reasonably sized lawn. The site should normally be one acre or less and similar in size to typical urban area residential lots. The designated lot should not normally be smaller than the lot on which the selected comparable dwelling is situated. (Family sized garden plots would normally be included within the designated site.)<br /> <br /> If the parcel has been subdivided into typically sized urban area building lots, it would normally be proper to consider the lot on which the dwelling is located as the supporting residential land and the additional lots as other lands.<br /> <br /> These principles are also applicable when computing rental subsidy payments.<br /> <br /> '''(3) Partial Acquisition of Residential Properties - Dwelling Located On Normal Size Residential Building Lot - No Other Land Involved'''<br /> <br /> The department must offer to acquire remainders that are, during the appraisal review, determined to be uneconomic remnants.<br /> <br /> The value offered for the uneconomic remnant will be added to the approved negotiating figure and included in the computations of a RHP. <br /> <br /> If the owner does not elect to sell the remnant, the RHP will be recomputed excluding the value of the remnant.<br /> <br /> '''NOTE''': When there is an offer to purchase an uneconomic remnant, the department is not obligated to condemn and will not acquire it through condemnation proceedings.<br /> <br /> '''(4) Partial Acquisition of Residential Property Plus Other Lands (Owner-Occupant is Totally Displaced)'''<br /> <br /> When this situation is experienced, acquisition includes only a part of the residential improvements and/or supporting land area plus other lands, it is necessary to have an appraiser break down the approved negotiating figure to show the portion thereof that is chargeable to the residential improvements and supporting land area. (Damages to any remaining residential improvements and/or to the remainder of the residential land area, including temporary easements, are to be included in the portion of the offer that is chargeable to the residential improvements and supporting land area.) <br /> <br /> To arrive at the maximum RHP, deduct the portion of the approved right of way offer that is chargeable to the residential improvements and supporting land area from the price of the most nearly comparable DS&amp;S replacement property available. (The term &quot;supporting land area&quot; is defined in preceding paragraph (2) NOTE.)<br /> <br /> If an uneconomic remnant or excess land is purchased by the department which contains portions of both the residential land area and other remaining lands, it will be necessary to determine the portion of the payment for such remnants or excess that is chargeable to the remainder of the residential land area and reduce the relocatees' RHP accordingly.<br /> <br /> '''(5) Dwelling on Land With Higher and Better Use'''<br /> <br /> The fact that a dwelling is located on land with a higher and better use, and that the right of way offer is based on higher than residential land value, has '''no''' effect on the RHP computation procedure. Use the same procedure that would be applicable if the dwelling was located on land with a normal residential value.<br /> <br /> RHP computations are not affected if the residential improvements do not contribute any value to the &quot;higher and better use&quot; property. Use the approved right of way negotiating offer for the property, or, if applicable, for the portion with a hypothetical residential land area, in the computations regardless as to whether or not it includes an improvement value.<br /> <br /> '''NOTE''': If application of this policy creates an excessive RHP which could occur if a limited strip acquisition removes an occupied dwelling which contributes no value to the property, request additional computation instructions from the Right of Way Section.<br /> <br /> '''(6) Joint Residential and Business Use'''<br /> <br /> When an owner-occupied commercial property is acquired which contains both a residential unit and a business area, it will be necessary for an appraiser to prorate the department's right of way offer to show the portion chargeable to the residential unit and if applicable to its supporting land area. (The appraiser must use his/her best judgment in determining whether or not any part of the land area should be charged to the residential portion of the property.) <br /> <br /> The portion of the offer chargeable to the residential unit and supporting land will be deducted from the price of a DS&amp;S replacement dwelling unit functionally equivalent to the portion of the subject property that was used for '''residential''' purposes.<br /> <br /> When a part-time or hobby-type business, which does not contribute substantially to the relocatees' total income, is located on the displacement residential property or in the residential dwelling unit, it '''is not necessary''' to prorate the department's offer.<br /> <br /> Should a business that is located on the relocatees' residential property or within their dwelling unit contribute materially to their total income and meet the basic eligibility requirements for a fixed moving payment, proration is necessary. (In this case, the major portion of the land area should normally be charged to the residential property.)<br /> <br /> '''NOTE A: Principles for Determining Portion of Land Value Chargeable to Residential Area'''<br /> <br /> The following principles can be applied in determining what part of the land value is chargeable to the residential portion of the property.<br /> <br /> The conclusion should be influenced to a large extent by the primary design and use of the property. For example, if the structure was designed and is primarily used as a residential dwelling with a small area set aside for business purposes, and if the entire land area is maintained as a lawn, it would be reasonable to charge all of the land value to the residential property.<br /> <br /> Conversely, if the main structure is primarily a business building with the residential living quarters being a minor area of space and design and the land area entirely paved for customer parking, it should be acceptable to charge all of the land value to the business.<br /> <br /> Should the acquisition include &quot;other lands&quot; not directly related to or used in support of the joint use structure, it will first be necessary to designate a hypothetical area which supports the structure and then prorate the value of that specifically designated land area as discussed in this NOTE.<br /> <br /> '''(7) Multiple Occupancy of Same Single-Family Dwelling Unit'''<br /> <br /> The principles discussed herein are applicable in computing payment offers for the eligible occupants even though some of the families or separate individuals involved do not meet occupancy time requirements or for some other reason are not eligible for a RHP.<br /> <br /> If two or more eligible individuals and/or families that occupy the same single-family dwelling maintain separate households, they will be entitled to separate RHPs. (The term &quot;individuals&quot; as used herein relates to single occupants who are not members of one of the subject displaced families.)<br /> <br /> If the individuals and/or families do not maintain separate households, they will be entitled to only one joint RHP '''if''' a comparable (or better) DS&amp;S replacement dwelling is available to them. (The one payment can be prorated between eligible individuals and/or families which relocate by choice into separate DS&amp;S replacement dwellings.) If a comparable DS&amp;S dwelling is not available which will enable the individuals and/or families to relocate together and as a consequence they are forced to occupy separate replacement dwellings, they will be entitled to separate RHPs. (Should joint-occupancy individuals and/or families which are eligible for separate payments, due to forced separation, actually purchase and occupy the same DS&amp;S replacement dwelling, they will be entitled to one joint RHP which cannot exceed the combined total of their separate RHP offers, nor can it normally exceed the $31,000 maximum payment limitation for this type payment.)<br /> <br /> Individuals and/or families will not normally maintain separate households if they commingle and share space and rooms throughout the dwelling, with the exception of private bedrooms. (The Right of Way Section will assist in determining whether or not separate households are being maintained by the relocatees.)<br /> <br /> '''All''' owner-occupants who do not maintain separate households within the single-family dwelling will be entitled to '''one''' joint RHP '''if''' a comparable or better DS&amp;S replacement dwelling is available to them.<br /> <br /> When early relocation contacts indicate that &quot;multiple occupancy&quot; may be involved, it is necessary to make the following two determinations before computing relocation payments or making commitments to the relocatees.<br /> <br /> '''First''': Determine the occupancy status of the occupants. Are they all owners, all tenants, or are both owners and tenants occupying the single-family dwelling unit?<br /> <br /> When &quot;families&quot; are involved, for example, father, mother, and adult children or other relatives occupy a dwelling owned by the parents and no separate households maintained, it may be difficult to determine whether or not some of the parties, normally adult children, are bona fide tenants. A mere statement that some are paying rent to others will not suffice.<br /> <br /> Even though &quot;rental receipts&quot; can be produced, it is normally impossible to determine whether the payments were actually made and, if so, whether they were for basic rent (room exclusive of board, or merely a contribution toward the cost of food, utilities, and other household costs).<br /> <br /> Before any occupants in questionable situations can be considered bona fide tenants, owners must produce a copy of their most recent federal income tax return showing the rental payments as taxable income. If they do not provide these tax returns, it will normally be determined that no eligible tenants are involved. If the relocatees claim that the owner-tenant relationship has been established since the last Federal income tax return was filed, request guidance from the Right of Way Section.<br /> <br /> If it is determined that no bona fide tenants are involved, it will be assumed that only one &quot;family&quot; is being displaced, in which case, policies and procedures relating to &quot;Multiple Occupancy of Same Single-Family Dwelling Unit&quot; '''will not apply'''. The owners will be paid a RHP to enable them to purchase a comparable DS&amp;S replacement dwelling that will house the &quot;family.&quot;<br /> <br /> If it is determined that both eligible owners and tenants are involved, follow the procedure in EPG 236.8.8.3(a)(7)C.<br /> <br /> '''Second''': Determine whether those in each occupancy status, owners and/or tenants, maintain separate households. '''All''' owners who do not maintain separate households will receive '''one''' RHP. Those who maintain separate households will be entitled to separate RHPs based on their owner or tenant occupancy status.<br /> <br /> After both of the preceding &quot;determinations&quot; have been made, the applicable instructions in this subparagraph (EPG 236.8.8.3(a)(7)A thru D) can be applied in computing and disbursing RHPs.<br /> <br /> '''A - Eligible Individuals and/or Families Maintain Separate Households'''<br /> <br /> Each eligible individual and/or family (90-Day owner-occupants) that maintains a '''separate household''' within the acquisition dwelling is entitled to a separate RHP offer.<br /> <br /> Individuals and/or families will be referred to as &quot;parties&quot; in the following discussion, each separate individual and/or family is a separate &quot;party.&quot;<br /> <br /> The procedure for computing the separate RHP offers is as follows:<br /> <br /> :1. The portion of the department's right of way offer to be used in computing the RHP for each separate eligible party is determined by dividing the total right of way offer for the subject residential property by the number of parties involved, in the same percentage ration that the property is owned by each party.<br /> <br /> :2. Determine the size and utility of the replacement dwelling to which each separate party is entitled by considering the space and utility each party used in the subject dwelling. This can be accomplished by determining (1) the space each family privately occupied in the subject, and (2) other areas (rooms) to which each had free and unlimited sharing privileges. (The same shared space in the subject can be &quot;credited&quot; to each party who had unlimited access to it.)<br /> <br /> :3. Determine the price of a DS&amp;S dwelling unit for each family that is as functionally equivalent to the '''prorated space''' &quot;assigned&quot; to that family in the subject dwelling.<br /> <br /> :4. Subtract the appropriate '''prorated right of way offer''' from the price of a suitable replacement for each separate party to determine the maximum RHP that particular party is entitled to receive. An example of the computations involved is as follows.<br /> <br /> The department acquires a single-family dwelling unit owned and occupied by two separate families for $60,000. One family owned 80% interest in the subject and the other 20% interest.<br /> <br /> The house contains 2,000 square feet and 10 rooms.<br /> <br /> Divide the right of way offer, in the manner discussed in Step 1 above, and determine that the majority owner's portion is $48,000 and the minority owner's portion is $12,000 (80% of $60,000 = $48,000 and 20% of $60,000 = $12,000).<br /> <br /> The majority owner privately occupied three bedrooms, a living and dining room, and had free and unlimited sharing privileges in a kitchen and a room used as an office, a total of 1,700 square feet. The minority owner had private use of two bedrooms and a family room and also had free and unlimited sharing privileges in the kitchen and office room, a total of 1,550 square feet. These facts reflect that the majority owner is entitled to a replacement comparable to a 7-room unit containing approximately 1,700 square feet. The minority owner would be entitled to a replacement comparable to a 5-room unit containing approximately 1,550 square feet.<br /> <br /> The majority owner's RHP offer would be computed in the following manner.<br /> <br /> Determine the price of an available DS&amp;S 7-room unit containing approximately 1,700 square feet, that is functionally equivalent. (In this example use $52,000 as the price of the available comparable.) Deduct $48,000 (the prorated offer) from $52,000 and find that this owner is entitled to a $4,000 RHP offer.<br /> <br /> Compute the minority owner's payment in the same manner.<br /> <br /> Each family will also be eligible for reimbursement of their actual incidental closing costs and increased interest payments.<br /> <br /> All computations and prorations must be documented in the unit file.<br /> <br /> If one of the families elects to purchase a replacement dwelling and other elects to rent in lieu of purchasing, each can qualify for their applicable payment if otherwise eligible - one for a RHP computed in the manner discussed in this subparagraph and the other for a rental subsidy payment computed in the manner discussed in [[#236.8.11.4 Computations - Actual Rental Subsidy Payment Due Relocatee|EPG 236.8.11.4(a)(1)]]. (The economic rental fee for the subject, which will be used in computing the rental subsidy payment, must be the economic fee that would be charged for a unit that is comparable in space and utility to the prorated space, as determined in preceding Step No. 2. The family which purchased its replacement dwelling will be entitled to reimbursement of its eligible incidental closing costs and, if otherwise eligible, an increased interest payment.<br /> <br /> Each party's payment cannot normally exceed $31,000 for owner-occupants or $7,200 if the replacement is a rental unit.<br /> <br /> Should some or all of the parties involved purchase and occupy the same DS&amp;S replacement dwelling, regardless as to whether or not they reestablish separate households, they will still be entitled to their separate RHPs based on the difference between their (each party's) pro rata share of the actual right of way payment and either (1) the price of the selected comparable used in computing their RHP offer, or (2) the portion of the purchase price of the actual replacement '''paid by that specific party''', whichever is the lesser. In this case, however, the combined RHPs cannot exceed the difference between the total right of way payment for the acquired dwelling and the total purchase price of the DS&amp;S replacement dwelling actually purchased and occupied or the $31,000 maximum payment limitation, unless paid under the Last Resort Housing Program.<br /> <br /> If a reduction is necessary in the amount of each payment, it is desirable that they be combined into one payment naming all parties involved. This will eliminate potential problems with the various parties in determining the extent that each separate payment must be reduced. A combined claim will also simplify the payment of incidental and increased interest payments. (If for any reason a combined payment is not workable, request instructions for determining the amount of each separate payment from the Right of Way Section.)<br /> <br /> '''B - Eligible Individuals and/or Families Do Not Maintain Separate Households'''<br /> <br /> '''(1) Comparable DS&amp;S Replacement Dwelling is Available'''<br /> <br /> If a comparable or better DS&amp;S replacement dwelling is available within the maximum $31,000 RHP limitation when two or more eligible individuals and/or families are displaced from the same single-family dwellingthat they jointly own and occupy, only one RHP will be made. The payment will be computed as if only one family was involved.<br /> <br /> If all of the parties involved purchase and occupy the same DS&amp;S replacement dwelling, and meet all payment eligibility requirements, they will be entitled to the full amount of the applicable RHP. The RHP claim must be signed by '''all''' of the eligible parties involved and the payment check must include the names of all who signed the claim.)<br /> <br /> Should the parties purchase and occupy different replacement dwellings even though a comparable replacement is available which would have enabled them to stay together, the one RHP will be prorated and each eligible party will be paid its pro rata share thereof provided they spend an amount equal to their prorated share of the consideration paid for the subject dwelling '''plus''' their prorated share of the RHP offer in the purchase of their replacement dwelling.<br /> <br /> When determining each party's pro rata share of the total computed RHP offer, and their applicable share of the right of way consideration paid by the department for the subject, consider each party's separate ownership interest in the subject. If all of the parties involved owned an equal interest in the subject, merely divide the total computed RHP offer by the total number of individuals who owned and occupied the subject.<br /> <br /> If some owned greater interests than others, the specific degree of ownership applicable to each will be shown in the instrument by which they acquired the subject. Under this circumstance, the proration will be accomplished by dividing the total computed RHP offer in the same percentage ratio that the property is owned by the separate parties. The RHP offer would be prorated in the same manner when applying the above instructions, one-half to the first party and one-fourth to each of the other two. (The same procedure is applicable when computing each party's pro rata share of the right of way consideration which is necessary to determine how much in addition to its pro rata share of the RHP offer, it must spend, or obligate to spend, in the purchase of its replacement.)<br /> <br /> If some of the parties involved purchased and occupied DS&amp;S replacement housing and others failed to do so, those who did purchase and occupy DS&amp;S replacements shall be paid their pro rata share thereof, '''provided''' that they spent an amount equal to their prorated share of the consideration paid for the subject dwelling '''plus''' their prorated share of the RHP offer in the purchase of such replacement. If two or more of the parties involved jointly purchase a DS&amp;S replacement dwelling, they must, to be eligible for payment, jointly spend an amount equal to their combined prorated shares of the right of way payment for the subject '''plus''' their combined prorated share of the RHP offer in the purchase of the replacement.<br /> <br /> If all of the parties involved rent separate replacement dwellings in lieu of purchasing, they will be entitled to their share of the one computed rental subsidy payment as discussed in detail in [[#236.8.11.4 Computations - Actual Rental Subsidy Payment Due Relocatee|EPG 236.8.11.4(a)(4)]]. Should they all rent the same replacement unit, they will be eligible for one rental subsidy payment.<br /> <br /> It is also permissible for some of the parties involved to purchase DS&amp;S replacement housing and be paid their pro rata share of a computed RHP and others to rent replacements, in lieu of purchasing, and be paid a pro rata share of a computed rental subsidy payment. In this situation, it is necessary to compute both a routine RHP and a routine rental subsidy payment. Compute both payments as if a conventional family were involved and as if the other payment computation did not exist, comparing the &quot;entire&quot; subject dwelling unit to the comparable DS&amp;S replacement dwelling unit.<br /> <br /> The parties that purchase their replacements are entitled to a pro rata share of the computed RHP offer. The various pro rata shares will be determined as if all of the parties involved ('''all''' those who owned and occupied the subject) were receiving a portion of the RHP. The same principle applies if some of the parties owned greater interests in the subject than others. To be eligible for the payment each party which purchases a replacement must spend, or obligate to spend, an amount equal to its pro rata share of the RHP offer plus its pro rata share of the right of way consideration.<br /> <br /> Those who rent DS&amp;S replacement units will be entitled to their pro rata share of the computed rental subsidy payment offer. When prorating the computed rental subsidy payment offer, use the '''total''' number of parties which owned and occupied the subject when &quot;dividing&quot; the payment.<br /> <br /> Should the parties which purchase replacement housing spend an amount that exceeds their prorated portion of the right of way consideration paid for the subject but less than the combined total arrived at by adding their prorated right of way payment to their prorated portion of the computed RHP offer, their RHP must be reduced to an amount equal to the difference between their prorated right of way payment and the amount they actually spent in the purchase of their replacement.<br /> <br /> '''NOTE''': The department is '''not''' obligated to locate or provide separate DS&amp;S replacement housing that can be purchased or rented. The department's obligation is to provide a comparable DS&amp;S replacement dwelling that would house all of the relocatees involved.<br /> <br /> When completing a Replacement Housing Claim Form for a prorated RHP, make a specific reference to this fact under &quot;Comments&quot; and explain the circumstance that justifies this type payment.<br /> <br /> The claim form will be completed in the routine manner '''except''' for the changes outlined in the following paragraphs.<br /> <br /> Complete the first four lines in the &quot;Computations&quot; section of the claim form in the following manner.<br /> <br /> The first space on both the first and second lines should be marked &quot;N/A.&quot;<br /> <br /> In the second space on the first line show the actual amount paid for the replacement dwelling, as is the normal practice.<br /> <br /> In the second space on the second line show the pro rata portion of the right of way consideration that the subject individual(s) was/were entitled to receive.<br /> <br /> In the first space on the third line (the line entitled &quot;Difference&quot;) insert the subject individual(s) '''pro rata''' share(s) of the '''computed''' RHP offer.<br /> <br /> In the second space on the third line reflect the difference between the entries in the second spaces on the first two lines.<br /> <br /> Complete the fourth line in the routine manner.<br /> <br /> '''(2) Comparable Decent, Safe and Sanitary Replacement Dwelling is NOT Available'''<br /> <br /> If a comparable or better DS&amp;S replacement dwelling is not made available when two or more eligible individuals and/or families are displaced from the same single-family dwelling which they jointly own and occupy, and as a consequence the individuals and/or families are forced to occupy separate dwellings after displacement, each party (individual and/or family) involved will be entitled to a separate RHP if they actually purchase and occupy separate replacement dwellings. If all of the parties involved purchase and occupy the same replacement dwelling, only one RHP will be made. The one payment will be based on the difference between the amount paid for the subject property and the price of the replacement they purchased and occupied, '''not to exceed''' the combined total of their separate RHP offers nor the maximum $31,000 payment limitation for this type of payment.<br /> <br /> '''NOTE''': Should the only existing comparable or better DS&amp;S replacement dwellings available to the joint occupancy families require a RHP in excess of $31,000, or if no existing comparable or better replacement is available, determine whether it is more practical to provide separate replacement dwellings as discussed in preceding subparagraph 2 or to make an existing higher priced replacement available, or possibly to build a comparable replacement dwelling, under the Last Resort Housing Program. Submit your findings and recommendations to the Right of Way Section for concurrence prior to making a commitment to the relocatees.<br /> <br /> When the individuals and/or families involved are entitled to separate RHPs, apply the computation procedures discussed in preceding subparagraph A, that are applicable when individuals and/or families maintain separate households within the displacement dwelling.<br /> <br /> The department's obligation to provide adequate replacement housing will be met if a separate DS&amp;S dwelling is made available to each party which provides comparable space and utility to that which they enjoyed in the subject dwelling. When comparing space between the subject and comparables, consider the space that the separate party privately occupied in the subject dwelling plus community rooms which it shared with the other parties.<br /> <br /> '''C - Two or More lndividuals and/or Families Occupy Same Single-Family Dwelling - One Party Owns Dwelling, Others are Tenants'''<br /> <br /> In this case, the owner-occupants will be entitled to a RHP. When the space privately occupied by the tenants is not a substantial portion of the dwelling, it is proper to select a replacement dwelling that is comparable to the acquired dwelling and base the RHP offer on the difference between the entire right of way offer for the subject residential property and the price of the comparable.<br /> <br /> If, however, the space privately occupied by the tenants is a substantial portion of the dwelling, or if a replacement is not available that is comparable to the subject dwelling in its entirety, it is permissible to base the RHP offer on a replacement that is comparable to only that space and utility the owner-occupant enjoyed in the subject unit. Under this procedure, when computing the RHP offer, it will be necessary to carve out the portion of the right of way offer that is chargeable to the space occupied by the owner. Deduct the carved out portion of the right of way offer from the price of the smaller comparable.<br /> <br /> The parties which are tenants, and who do not maintain separate households, will be entitled to '''one''' rental subsidy payment. In selecting a comparable replacement dwelling unit, consider the total space and utility enjoyed by the separate tenants. Should two or more tenants occupy separate households, each will be entitled to a separate rental subsidy payment.<br /> <br /> Should some or all of the tenant families elect to purchase in lieu of renting replacement dwellings, apply the principles discussed.<br /> <br /> If all of the parties move to the same single-family replacement dwelling and continue living together under the same occupancy status, the tenants would not be entitled to a rental subsidy payment unless they can prove that their rent has been increased for justifiable reason.<br /> <br /> '''D - Married Couples Separated and/or Divorced Prior to Filing Claim'''<br /> <br /> If both spouses jointly owned and occupied a dwelling unit that was acquired by the department are divorced after acquisition but prior to obtaining replacement housing and as a consequence do not purchase and/or occupy the same replacement dwelling unit, it will be necessary to determine whether or not the court approved property settlement between the two relocatees, specified which party is entitled to receive the relocation payments involved. If so, the payments will be made accordingly. If the court-approved property settlement does not specify which party is to receive the relocation payments, the two relocatees involved will be placed in the same category as individuals which do not maintain separate households and the policy discussed in preceding EPG 236.8.8.3(7)(B)1, will apply.<br /> <br /> Couples that are separated at or after the initiation of negotiations for the subject, but not legally divorced, will be considered as a &quot;family&quot; and only one type of payment will be made '''unless''' both spouses request in writing that the &quot;one payment&quot; be a rental subsidy payment in lieu of a RHP. If a replacement dwelling is purchased in the names of both parties, both must sign the claim and both will be named on the RHP check, regardless as to whether or not they continue to live separately. If only one of the parties purchase the replacement dwelling, or if they purchase and occupy different replacement dwellings, see the following paragraph. (Contact the Right of Way Section if the party which does not purchase a replacement dwelling desires to assign his/her share of the RHP to the party which does.)<br /> <br /> Should one of the parties qualify for the payment and the other fail to do so, the eligible relocatee can claim and be paid his or her pro rata share of the applicable payment. To qualify for a pro rata share of a RHP, under this circumstance, the eligible party would have to purchase and occupy a DS&amp;S replacement dwelling and spend an amount equal to that party's share of the right of way consideration paid for the subject '''plus''' that party's pro rata share of the computed RHP offer. If the subject relocatee spent less than the required amount, his/her prorated RHP must be reduced accordingly. Apply the same principle if the two parties purchased different DS&amp;S replacement dwellings. Each could be paid their pro rata share of the one RHP offer if they spend the required amount in purchasing their replacements. The same principles would apply if the two parties rent and occupy different replacement rental units.<br /> <br /> It is possible that the terms of a '''legal separation''' could create a situation where one of the relocatees involved would be eligible for a rental subsidy payment and the other for a RHP. If a couple becomes '''legally separated''' prior to obtaining replacement housing, provide all facts to the Right of Way Section and wait for further instructions.<br /> <br /> '''NOTE''': If both spouses jointly owned and occupied a dwelling unit at the initiation of negotiations for the subject dwelling are divorced prior to the time the dwelling is acquired by the department, present all facts involved, specifically information relating to the property settlement agreement, to the Right of Way Section.<br /> <br /> '''(8) Multi-Unit Dwelling Complexes'''<br /> <br /> If the owner of a multi-unit dwelling occupies one of the units therein being acquired, their maximum RHP will be computed in the following manner.<br /> <br /> '''Step 1''': An appraiser must prorate the department's total offer for the property to determine the portion that is chargeable to the specific unit occupied by the owners. <br /> <br /> '''Step 2''': Locate the most nearly comparable replacement dwelling of the same type that is available on the market.<br /> <br /> If the same type complex is not available, locate the most nearly comparable complex of the next lowest density that is available.<br /> <br /> '''Step 3''': This step is applicable only if the selected comparable is, of necessity, a single-family residential dwelling.<br /> <br /> Deduct the prorated portion of the offer that is chargeable to the unit occupied by the owner-occupant as determined in preceding Step l, from the price of the selected comparable. The resulting figure will be the maximum RHP available.<br /> <br /> '''Step 4''': Steps 4 and 5 are applicable if the selected comparable is a multi-family complex.<br /> <br /> Prorate the price of the comparable multi-family complex to determine the portion that is chargeable to the specific unit that is most comparable to the unit occupied by the subject relocatees in the acquisition dwelling complex. <br /> <br /> '''Step 5''': Deduct the prorated portion of the department's right of way offer that is chargeable to the unit occupied by the relocatees in the acquisition complex, as determined in preceding Step 1, from the prorated portion of the price of the comparable, as determined in preceding Step 4, to determine the maximum RHP available to the relocatee.<br /> <br /> To qualify for the computed RHP, the relocatees must spend an amount equal to the prorated value assigned to the unit they occupy in the subject plus the total RHP offer.<br /> <br /> If a comparable of lower density is used in computing a RHP, it is recommended that a memo be placed in the unit file clarifying the fact that no comparable of the same density was available.<br /> <br /> Should the owner-occupants own the complex in partnership with others, their maximum RHP offer will be computed in the same manner as discussed in the preceding steps; '''however''', the amount they must spend in the purchase of a replacement under this circumstance is determined in the following manner.<br /> <br /> '''Step A''': Determine the portion of the total right of way offer for the subject property that the owners will be entitled to receive.<br /> <br /> '''Step B''': Apply this same percentage figure to the prorated portion of the right of way offer that is chargeable to the individual unit that the relocatees occupy in the subject complex to determine the portion of the prorated figure they will be entitled to receive.<br /> <br /> '''Step C''': The relocatees are entitled to the total computed RHP if they spend an amount equal to the total RHP offer '''plus''' their share of the prorated portion of the right of way offer that is chargeable to the unit they occupy in the subject.<br /> <br /> '''(9) Replacement Property Includes Lands in Addition to Residential Improvements and Supporting Land Area'''<br /> <br /> If the replacement property acquired and occupied by qualified relocatees include lands and/or property in addition to the residential improvements and supporting land area, a carve out is not required. The total amount paid for the entire property and a decent, safe and sanitary determination on the dwelling are all that is required.<br /> <br /> Should a replacement property be located in another state, advise the Right of Way Section.<br /> <br /> '''(10) Owner Retains and Moves the Acquisition Dwelling'''<br /> <br /> The maximum RHP offer would be computed in the normal manner. <br /> <br /> To qualify for payment, owners who retain, move and reoccupy their house after it has been reestablished as a DS&amp;S dwelling unit must spend the entire amount paid to them for their dwelling and supporting land area '''plus''' an amount equal to their total RHP offer in the moving and reestablishment of the subject dwelling. The costs that could be included in determining if the relocatees actually spent this amount would be (1) the amount &quot;paid&quot; for the house by the relocatees, (2) the cost of a replacement building lot, (3) the cost of moving the house and reestablishing it in a comparable condition as existed prior to the move, and (4) any expenditures necessary to upgrade the dwelling to DS&amp;S standards.<br /> <br /> If the owners relocated their dwelling on the remainder of their residential building lot or on other land they owned prior to the current displacement, they can include the current value of such land as having been spent in the moving and reestablishment of their dwelling. (Review the principles in NOTE B in EPG 236.8.8.3.)<br /> <br /> If the owners relocated their dwelling on the remainder of their residential building lot, use the &quot;after value&quot; of the lot, as shown in the right of way appraisal, in lieu of &quot;the cost of a replacement building lot.&quot; If they relocate the dwelling on other land they owned prior to the current displacement, they can include the current value of an area equal in size to a standard residential building lot in the area. It will normally be necessary to staff appraise the pre-owned replacement site to establish its current value. These appraisals can be reviewed and approved in the district office.<br /> <br /> If the relocatees acquired replacement land on which they reestablished their dwelling that was larger in size than a typical residential building lot in the area, the instructions provided in preceding subparagraph (9), will apply.<br /> <br /> Expenses and costs will be considered in determining the relocatees' overall expenditure in moving and reestablishing their dwelling unit. The value of other labor that was &quot;contributed&quot; can only be included in determining the total expenditure if written approval is obtained from the Right of Way Section.<br /> <br /> To compute a RHP under this circumstance deduct the amount of the relocatees' right of way payment for their dwelling and supporting land from the total &quot;applicable&quot; costs they experienced in moving and reestablishing the dwelling. The relocatee will be entitled to the resulting figure or the amount of the computed rental subsidy, not to exceed $7,200, or the amount they would be entitled to if they were 90-Day owners, whichever is the lesser.<br /> <br /> '''(11) Computations Involving Life Estates and Lessees Qualified as Owners'''<br /> <br /> RHPs for the holders of life estates and long-term lessees who qualify as owners under the Relocation Program (see [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(p)]]), will be for the '''lesser''' of the two following amounts:<br /> <br /> '''A'''. the difference between the '''total''' amount paid by the department for the subject residential property and the confirmed price of the most nearly comparable DS&amp;S replacement dwelling that is for sale in the area, or<br /> <br /> '''B'''. the difference between the portion of the department's payment for the subject property that the relocatee receives and the actual amount paid by such relocatees for a DS&amp;S replacement dwelling. If the relocatees purchase a life estate in the replacement dwelling or a lease with not less than 50 years duration, consider the amount paid for such interest as the purchase price of the replacement dwelling.)<br /> <br /> When completing the RHP Claim Form show preceding Computations A in the first spaces on the first and second lines under the Computations Section and Computation B in the second spaces on the same two lines.<br /> <br /> Relocatees in this category who rent rather than purchase DS&amp;S replacement dwellings are entitled to rental subsidy payments.<br /> <br /> '''(12) Mobile Homes'''<br /> <br /> If the displaced owner of a mobile home qualifies for a RHP covering both the mobile home and supporting land area, compute the maximum payment in the normal manner. If a comparable DS&amp;S mobile home and/or site is not available, it will be necessary to calculate the payment on the basis of the next highest type of dwelling that is available and meets applicable DS&amp;S standards. The unit file must be documented to explain the situation.<br /> <br /> A replacement may not be available for purchase as a unit and it may be necessary to compute the RHP in two parts (1) mobile home, and (2) site, and combine them into one payment, which normally cannot exceed $31,000. When this action becomes necessary, prepare separate Comparison Records for each computation using the appropriate prorated portion of the department's right of way offer in the applicable computation.<br /> <br /> When the mobile home and site are considered separately, the cost of the comparable replacement mobile home may include &quot;tie-down&quot; expense, underpinning, transportation and/or delivery costs, installation costs a comparable hard surface pad if the subject mobile home was sitting on a hard surface pad, utility connections, steps, air conditioning, if the subject mobile home also had an air conditioning unit that was considered to be a part of the real estate and any other &quot;built-in&quot; furniture and/or appliances which were also considered in the subject unit as a part of the real property. Do not include the cost of insurance or sales tax. Sales tax is considered to be a reimbursable incidental closing cost and therefore cannot be considered in determining the cost of the replacement mobile home.<br /> <br /> It is desirable that a replacement site be selected that has utilities available to enable the relocatees to establish their mobile home in a DS&amp;S manner. If sites with utilities are not available, however, it is permissible to select suitable &quot;unimproved&quot; sites and add the cost of providing whichever of the necessary and/or reasonable site preparation costs to the price of the unimproved lot.<br /> <br /> If the RHP covers land only, base the payment offer on the difference between that portion of the department's right of way offer that is chargeable to the mobile home site and the confirmed price of the most nearly comparable replacement site available.<br /> <br /> It is permissible to include money spent in providing necessary utilities to the replacement site as necessary to enable the relocatees to reestablish their mobile home in a DS&amp;S manner, as well as necessary and/or reasonable site preparation costs, when determining the total amount spent by the relocatee in obtaining their replacement mobile home site.<br /> <br /> If a partial acquisition is involved and the most nearly comparable replacement site available is the remainder of the subject parcel or other land in the area owned by relocatee, it is permissible to base the payment offer on the difference between that portion of the department's right of way offer that is chargeable to the subject mobile home site and the current value of the remainder or, if applicable, a portion of the remainder that is comparable in size to the subject site '''plus''' reasonable site preparation and other costs necessary to enable the mobile home to be reestablished in a DS&amp;S manner. <br /> <br /> '''(1) Payment Covers Both Mobile Home and Land'''<br /> <br /> The displaced owner-occupant of a mobile home can be paid a RHP, not to exceed $31,000, covering both the mobile home and the land upon which it is located when:<br /> <br /> :(a) the mobile home has been properly classified as real property and is acquired as such by the department, together with the land upon which it is located,<br /> <br /> :(b) both the mobile home and land upon which it is located have been owned and occupied by the subject relocatee for at least 90 consecutive days prior to the initiation of negotiations for such property, and<br /> <br /> :(c) all other eligibility requirements as outlined in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2]], have been met. The RHP will be computed in the same manner as if a conventional dwelling was involved.<br /> <br /> '''(2) Payment Covers Mobile Home Only'''<br /> <br /> The displaced owner-occupant of a mobile home which is located on land belonging to another party can be paid a RHP covering the mobile home, but not the land upon which it is located when:<br /> <br /> :(a) the mobile home has been determined to be real property and is acquired by the department as such,<br /> <br /> :(b) the owner has owned and occupied the mobile home while located '''on the site''' from which it is being displaced for the required 90-Day period, and<br /> <br /> :(c) all other eligibility requirements as outlined in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2]], have been met.<br /> <br /> '''NOTE''': The owner of the mobile home could also be paid the equivalent to a rental subsidy payment covering the site as discussed in [[236.8 Relocation Assistance Program#236.8.11.2 Payment Eligibility Requirements|EPG 236.8.11.2(g)(1)]], if they meet the eligibility requirements for the separate payments involved. (The total RHP, including the portions relating to both the mobile home and site, cannot normally exceed $31,000.)<br /> <br /> '''(3) Payment Covers Land Only (Mobile Home Site)'''<br /> <br /> The displaced owner-occupant of a mobile home can be paid a RHP covering the land upon which the mobile home is located when:<br /> <br /> :(a) the mobile home was not considered to be a part of the real property and was not acquired as such by the department,<br /> <br /> :(b) the mobile home was occupied by the relocatee on land he/she also owned (subject site) for at least 90 consecutive days prior to the initiation of negotiations for such land, and<br /> <br /> :(c) all other eligibility requirements as outlined in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2]], have been met.<br /> <br /> '''(4) Mobile Home is Personal Property and Does Not Meet Decent, Safe and Sanitary Standards'''<br /> <br /> The procedures discussed in this subparagraph are applicable when, and only when, the subject mobile home is (1) owner-occupied, and (2) does not meet decent, safe and sanitary standards under the conditions discussed in the following paragraph.<br /> <br /> The subject mobile home will be non-decent, safe and sanitary if it does not meet the standards set out in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions |EPG 236.8.1.3(j)]], that relate to mobile homes '''and''' could not reasonably be expected to do so after being moved to a suitable replacement site. The policies discussed herein do not apply when a mobile home fails to meet decent, safe and sanitary standards for the sole reason that it is not properly tied down.<br /> <br /> All relocation payments discussed in this subparagraph are subject to the maximum amounts authorized for the type of payment involved. If a decent, safe and sanitary replacement dwelling cannot be made available to the displaced owner-occupant under the procedures provided herein, it will be necessary to work out a solution under the Last Resort Housing Program.<br /> <br /> The policies discussed herein are applicable when the non-decent, safe and sanitary unit is a travel trailer or a motorized unit. If the owner-occupant is entitled to a payment based on the cost of a replacement unit, the replacement unit used in computing the applicable RHP should normally be a mobile home, not a replacement travel trailer or motorized unit, which provides comparable or better living space as that contained in the subject unit. The trade-in value used in computing the payment will be the '''total''' trade-in value of the subject unit.<br /> <br /> The phrase &quot;90-Day occupants&quot; as used in this subparagraph (and in following subparagraphs 5 and 6) relates to relocatees who own non-decent, safe and sanitary mobile homes, as personal property which they occupied on the site from which they are being displaced for at least 90 consecutive days prior to the initiation of negotiations for the subject site. <br /> <br /> The procedure to use in computing RHPs relating to non-decent, safe and sanitary mobile homes depends on whether or not it is reasonable and practical to rehabilitate the mobile home by correcting the decent, safe and sanitary deficiencies involved.<br /> <br /> Relocatees who receive RHPs relating to non-decent, safe and sanitary mobile homes are also entitled to the routine replacement housing or a rental subsidy payment due to being displaced from the site upon which the subject mobile home is located. The combined payments cannot exceed either (1) the maximum relocation payment available for the type occupancy involved (long-term owner $31,000 or short-term owner $7,200).<br /> <br /> In cases where the RHP is based on rehabilitation costs, the relocatee is entitled to a moving cost payment.<br /> <br /> The Eligibility Notices discussed in [[236.8 Relocation Assistance Program#236.8.3.3 Eligibility Notice at Initiation of Negotiations|EPG 236.8.3.3]], will not normally be applicable under the procedure discussed in this subparagraph. It will be necessary to compose a carefully written eligibility notice to fit the circumstance involved.<br /> <br /> The following paragraphs provide procedures for computing payments under the various combinations of circumstances that will be encountered. <br /> <br /> '''A. 90-Day Owner-Occupants - Also Own Subject Site'''<br /> <br /> '''Procedure 1: Rehabilitation of Mobile Home is Practical'''<br /> <br /> If it is less expensive to rehabilitate the subject mobile home, apply the following procedure when computing the relocatees' RHP offer and in computing the actual amount they are entitled to be paid.<br /> <br /> '''Step One''': Obtain two bids from qualified bidders for correcting the DS&amp;S deficiencies that exist in the subject mobile home.<br /> <br /> '''Step Two''': Compute a RHP offer as if the mobile home was not involved.<br /> <br /> '''Step Three''': Determine the relocatees' total RHP offer by adding the lowest bid from Step One to the amount arrived at in Step Two. The resulting total, which will not normally exceed $31,000, will be the relocatees' RHP offer and is the maximum amount they can be paid under this procedure.<br /> <br /> When determining the actual RHP that the relocatee is entitled to receive, take the following additional steps:<br /> <br /> '''Step Four''': Establish the difference between the department's actual payment to the relocatees for the subject site and the actual amount the relocatee paid for a replacement site.<br /> <br /> '''Step Five''': Determine the actual (documented) amount that the relocatee spent in correcting the DS&amp;S deficiencies that existed in the subject mobile home.<br /> <br /> '''Step Six''': Add the '''lesser''' of the amounts established in Steps Two and Four to either (1) the amount established in Step Five, '''or''' (2) to the lowest bid price obtained in Step One, '''whichever is the lesser'''. The resulting total (not to exceed $31,000) is the actual amount that the relocatee can be paid as a RHP.<br /> <br /> The relocatees would also be entitled to reimbursement for their incidental closing and increased interest costs relating to the purchase of the replacement site. (Should the addition of these costs to the payment determination in Step Six cause the total to exceed $31,000, proceed under the provisions for last resort housing payments.)<br /> <br /> If the relocatees rent a DS&amp;S replacement mobile home and site or a conventional dwelling instead of correcting the deficiencies in the subject mobile home, they can be paid a rental subsidy payment equal to the '''lesser''' of the following amounts:<br /> <br /> :1. $7,200 maximum rental subsidy payment, or<br /> <br /> :2. 42 times the difference between the monthly economic rental fee that is applicable to the subject mobile home and site and the monthly fee charged for the most nearly comparable replacement that is available for rent, or<br /> <br /> :3. 42 times the difference between the monthly economic rental fee that is applicable to the subject mobile home and site and the actual monthly rental fee they pay for their replacement mobile home and site, or conventional dwelling unit, or<br /> <br /> :4. 42 times the difference between the monthly economic rental fee applicable to the subject site only and the monthly rental fee charged for the most nearly comparable replacement site available '''plus''' an amount equal to the lowest bid received for correcting the decent, safe and sanitary deficiencies in the subject mobile home, or<br /> <br /> :5. 42 times the monthly economic rental fee that is applicable to the subject site and the actual rental fee being paid for the replacement mobile home site actually occupied by the relocatees '''plus''' an amount equal to the lowest bid received for correcting the decent, safe and sanitary deficiencies in the subject mobile home.<br /> <br /> In each of the preceding situations the subject mobile home remains the property of the relocatees and they can keep or dispose of it as they see fit. They will be entitled to an actual moving cost payment for moving their mobile home up to 50 miles.<br /> <br /> '''Procedure 2: Rehabilitation of Mobile Home Not Practical'''<br /> <br /> When it is more costly to rehabilitate the mobile home by correcting its decent, safe and sanitary deficiencies than to apply the following payment procedure, compute the relocatees' RHP offer by deducting the trade-in value of the mobile home '''and''' the right of way offer for the site from the amount necessary to purchase the most nearly comparable DS&amp;S mobile home and site available, or, in the absence of an available mobile home and site, from the amount necessary to purchase a DS&amp;S conventional replacement dwelling. When searching for an available DS&amp;S mobile home and site, it is not necessary that the replacement mobile home be situated on the replacement site at the time they are selected for use in computing the payment offer, as long as it is practical for the relocatees to locate the selected mobile home on the selected site in a DS&amp;S manner.<br /> <br /> To be eligible for the entire computed offer, the relocatees must purchase both a DS&amp;S dwelling unit and site within the applicable one-year period, at a cost equal to or exceeding the price of the selected comparable. Should the combined costs of their replacement dwelling and site be less than the required amount, their RHP must be reduced accordingly.<br /> <br /> If the relocatees locate their DS&amp;S mobile home on other land they owned prior to the current displacement, consider the current fair market value of such land, not to exceed an area equal in size to a standard residential building lot in the area, as having been spent in obtaining a replacement site. EPG 236.8.8.3(a)(l0) provides additional information relating to the procedure for valuing the portion of the relocatees' previously owned land that is used as a replacement site.<br /> <br /> The &quot;trade-in value&quot; to be used in the computations is the documented amount determined by the District as the '''in-place''' trade-in value of the subject mobile home in the purchase of a comparable DS&amp;S replacement mobile home '''delivered to''' and '''&quot;set up&quot;''' on a replacement site in the area. <br /> <br /> The relocatees would not be required to actually trade-in the subject mobile home if they prefer to keep it; however, their decision to retain it does not change the requirement that they must spend an amount equal to or exceeding the confirmed price of the selected comparable on the purchase of the DS&amp;S replacement dwelling that they occupy after displacement.<br /> <br /> If the relocatees desire to purchase a DS&amp;S replacement mobile home and rent a replacement site, compute a RHP offer based on the mobile home only and a rental subsidy payment offer covering the site. The combined totals of the two payments cannot exceed $31,000. The RHP offer would be the difference between the cost of a comparable DS&amp;S replacement mobile home and the trade-in value of the subject mobile home. In this case the right of way offer for the subject site would not be a factor in computing the RHP offer. To be eligible for the entire computed RHP offer (not to exceed $31,000), the relocatees must spend an amount, in the purchase of their replacement mobile home, that is equal to or exceeds the confirmed price of the selected comparable mobile home. To be eligible for the entire rental subsidy payment offer they must pay a monthly rental fee for the replacement site that is equal to or exceeds the amount necessary to rent a comparable site.<br /> <br /> The relocatees will be entitled to a routine incidental closing cost and/or increased interest payment relating to the replacement mobile home. In addition, they could receive a moving cost payment covering the reasonable cost of relocating any personal property '''other than''' the cost of relocating the subject mobile home. If they select the fixed-payment option, their payment will be based on Subschedule A that is discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(c)]].<br /> <br /> The mobile home remains the property of the relocatee; however, reoccupying by them at a new location after displacement will normally eliminate payment eligibility under the policy outlined in this subparagraph.<br /> <br /> Should the relocatees elect to rent a replacement in lieu of purchasing, compute a rental subsidy payment based on a comparable DS&amp;S dwelling unit. In this case the relocatees would be entitled to a moving cost payment for the actual cost of moving their mobile home.<br /> <br /> '''B. 90-Day Owner-Occupant of Mobile Home Located on Rented Site'''<br /> <br /> The general principles discussed in the preceding paragraphs also apply when the subject mobile home is located on a rented site.<br /> <br /> '''Procedure 1: Rehabilitation of Mobile Home is Practical'''<br /> <br /> Under this circumstance the relocatees are entitled to a RHP based on either (1) the lowest of at least two bids from qualified bidders for correcting the decent, safe and sanitary deficiencies in the subject mobile home, or (2) the actual amount spent by the relocatees in correcting such deficiencies, whichever is the lesser. They are also entitled to a routine rental subsidy payment covering the rented site. The combined total of the two payments cannot exceed $31,000.<br /> <br /> Should the relocatees purchase and occupy a DS&amp;S replacement mobile home in lieu of correcting the deficiencies in the subject mobile home, they can be paid a RHP based on (1) the difference between the trade-in value of the subject mobile home and the confirmed price of a comparable DS&amp;S replacement mobile home, '''or''' (2) the difference between the trade-in value and the amount they paid for the replacement unit actually purchased, whichever is the lesser; '''however''', such payment '''cannot''' exceed the lowest bid for correcting the DS&amp;S deficiencies in the subject unit. They would also be entitled to their rental subsidy payment covering a replacement site.<br /> <br /> If they purchase a replacement mobile home and site or conventional dwelling in lieu of correcting the DS&amp;S deficiencies in the subject unit, they would be eligible for a RHP not to exceed $31,000. They could be paid an amount equal to the lesser of the following two amounts: (1) the computed rental subsidy plus incidental cost plus the computed RHP, or (2) the amount they actually pay including incidentals on their replacement dwelling.<br /> <br /> If the relocatees rent a dwelling (in lieu of correcting the deficiencies in the subject unit), they can be paid a rental subsidy payment, based on both the mobile home and site, not to exceed $7,200.<br /> <br /> '''Procedure 2: Rehabilitation of Mobile Home Not Practical'''<br /> <br /> Compute a RHP offer by deducting the trade-in value of the mobile home from the amount necessary to purchase a comparable DS&amp;S mobile home and a rental subsidy or payment covering the site. The combined total of the two payments cannot exceed $31,000.<br /> <br /> Should the relocatees purchase both a replacement mobile home and site, they can claim a RHP relating to the mobile home and the site. Under this circumstance they must spend an amount equal to or exceeding the computed amount necessary to purchase a comparable DS&amp;S replacement mobile home and make a down payment on the site equal to the computed rental subsidy. Should they purchase a conventional dwelling as a replacement, instead of a replacement mobile home, they must spend an amount equal to or exceeding the amount determined necessary to purchase a comparable DS&amp;S replacement mobile home and make a down payment on it equal to or exceeding the computed rental subsidy amount.<br /> <br /> The relocatees would be entitled to a routine incidental closing cost payment covering the purchase of their replacement dwelling. They would also be eligible for an increased interest payment '''if''' the subject mobile home was encumbered with an eligible mortgage. '''NOTE''': The combined RHP in the latter two situations cannot exceed the lesser of (1) $31,000, or (2) the difference between the trade-in price for the displacement mobile home and the total purchase prices of the replacement mobile home '''and''' site, or the purchase price of the conventional replacement dwelling.<br /> <br /> If the relocatees rent a DS&amp;S replacement dwelling unit in lieu of purchasing, they are entitled to one rental subsidy payment (not to exceed $7,200) based on a DS&amp;S replacement mobile home and site, or if more nearly comparable, on a conventional dwelling unit.<br /> <br /> If the relocatees purchase a replacement mobile home or conventional dwelling, they can be paid a moving cost payment covering the reasonable cost of relocating any personal property involved '''other than''' the cost of relocating the subject mobile home. If they elect the fixed-payment option, their payment will normally be based on Subsection A that is discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(c)]]. (If the relocatees rent a replacement in lieu of purchasing, they will be entitled to an actual moving cost payment for moving their mobile home. <br /> <br /> In each case the mobile home remains the property of the relocatee.<br /> <br /> '''Procedure 3: Rehabilitation of Mobile Home is Practical'''<br /> <br /> Compute a rental subsidy payment offer covering the '''site'''. (The mobile home itself is not involved in the computations relating to the site.) (If they purchase their replacement site, their eligible incidental closing costs will be in addition to the computed amount applied as a down payment.)<br /> <br /> '''In addition''' to the payment discussed in the preceding paragraph, the relocatees are also entitled to a payment based on the cost of rehabilitating the subject mobile home, either (1) the lowest of at least two bids received from qualified bidders for correcting the decent, safe and sanitary deficiencies in the mobile home, or (2) the documented amount that they actually spend in correcting the deficiencies, whichever is the lesser. The combined payment rental subsidy plus rehabilitation costs, cannot exceed $7,200.<br /> <br /> Should the relocatees purchase a replacement mobile home instead of rehabilitating the subject unit, they would be eligible for their rental subsidy payment covering the site plus an amount equal to '''the lesser of''': (1) the lowest bid received from at least two qualified bidders for correcting the DS&amp;S deficiencies in the subject unit, or (2) a rental payment. The total combined RHP cannot exceed $7,200.<br /> <br /> If the relocatees purchase a conventional dwelling in lieu of rehabilitating the subject unit, they will be entitled to a payment not to exceed the rental subsidy, not to exceed $7,200. They would also be entitled to a moving cost payment for moving the subject mobile home.<br /> <br /> If the relocatees rent a DS&amp;S replacement mobile home and site or a conventional dwelling instead of correcting the deficiencies in the subject mobile home, they can be paid a rental subsidy payment computed in the same manner discussed in Procedure 1 under the previous heading &quot;90-Day Owner-Occupants, Also Owns Subject Site&quot; that applies when 90-Day occupants rent their replacement in lieu of rehabilitating their subject mobile home. <br /> <br /> '''Procedure 4: Rehabilitation of Mobile Home Not Practical'''<br /> <br /> Relocatees are entitled to (1) a down payment not to exceed the computed rental subsidy based on the purchase of a DS&amp;S replacement mobile home and site (or conventional dwelling), or (2) if they prefer, a routine rental subsidy payment based on the monthly rental fee of a DS&amp;S replacement mobile home and site, or (3) a rental subsidy payment based on the mobile home and a rental subsidy payment based on the site; HOWEVER, no payment or combination of payments can exceed $7,200.<br /> <br /> '''C. Occupants With Less Than 90-Day Occupancy'''<br /> <br /> Mobile home owners who occupied the subject site for less than 90 consecutive days prior to the initiation of negotiations are not normally eligible for RHP; however, if they are in occupancy at the initiation of negotiations for the site or at the time the department acquires the subject site, they will be eligible for moving costs and it is necessary that comparable DS&amp;S replacement housing be made available to them that is within their financial means before they can be forced to move from the subject property. Any RHP necessary to enable relocatees in this category to occupy comparable DS&amp;S replacement housing must be paid under the last resort housing provisions.<br /> <br /> Decent, safe and sanitary replacement housing will be considered as being available to such relocatees if:<br /> <br /> :(1) a DS&amp;S mobile home is available which they can trade for (or buy outright) without placing them in financial difficulty considering the trade-in value of the subject mobile home, value of the subject site - if they own the site and the cost of a DS&amp;S replacement mobile home.<br /> <br /> :(2) a DS&amp;S rental unit, either a mobile home and site or a conventional dwelling unit, is available for a monthly rental fee that does not exceed 30% of the combined gross monthly income of the relocatees' family, or<br /> <br /> :(3) a DS&amp;S conventional dwelling is available for purchase with a down payment (conventional or otherwise) that does not exceed their equity in their existing mobile home and site.<br /> <br /> If it is determined that DS&amp;S replacement housing is available, so advise the relocatees and document the unit file accordingly. (If it is not available, it will be necessary to work out a solution under the Last Resort Housing Program.)<br /> <br /> '''(5) Mobile Home is Personal Property - Cannot be Moved Without Substantial Damage'''<br /> <br /> The general principles and specific policies outlined in preceding Section 236.8.8.3(a)(12)(4), which relate to situations in which it is not practical to rehabilitate the subject mobile home also apply when a mobile home is declared personal property and cannot be relocated without substantial damage or unreasonable cost '''except''', when a RHP is involved, the &quot;salvage value&quot; of the subject mobile home will be used in computing the payment instead of &quot;trade-in value.&quot; (The &quot;salvage value&quot; of the subject mobile home is the highest bid or purchase commitment that can be obtained for it if sold in place with full knowledge that it must be removed from the site at the buyer's cost.)<br /> <br /> When the policy in this subparagraph is applied, the unit file must be documented that the subject mobile home could not be moved without substantial damage.<br /> <br /> '''(6) Mobile Home is Personal Property - Does Not Meet Replacement Mobile Home Park Entrance Requirements'''<br /> <br /> The procedures discussed in this subparagraph are applicable when (1) a DS&amp;S displaced mobile home that has been classified as personal property is owner-occupied, and (2) the '''only''' comparable replacement mobile home sites available are in mobile home parks that will not accept the subject mobile home because it does not meet those parks entrance requirements.<br /> <br /> Should the relocatees move their mobile home to a replacement site of their choosing without the necessity for rehabilitating it, they will not be eligible for the mobile home RHP discussed in this subparagraph.<br /> <br /> '''NOTE''': Review preceding EPG 236.8.8.3(a)(12)(4) in its entirety as the general principles and definitions provided therein are applicable under the conditions discussed in this subparagraph.<br /> <br /> Relocatees who are entitled to a RHP based on the cost of a replacement mobile home ('''not''' on rehabilitation costs) are also normally entitled to reimbursement of their eligible incidental closing costs if they purchase a DS&amp;S replacement unit and, if they are an otherwise eligible 90-Day occupant, they can be paid an increased interest payment based on the mobile home mortgages.<br /> <br /> '''A. 90-Day Owner - Occupant of Mobile Home Located on Rented Site'''<br /> <br /> An eligible 90-Day mobile home owner-occupant in this category can be paid a RHP consisting of a RHP based on the mobile home and a rental subsidy covering the site on which the unit is located, the combined totals of which cannot exceed $31,000.<br /> <br /> If it is less expensive to rehabilitate the subject mobile home to make it admissible in a comparable replacement mobile home park, the relocatees' RHP will be equal to either (1) the lesser of two bids received from qualified bidders to accomplish the rehabilitation, or (2) the documented amount the relocatee actually spends in accomplishing the rehabilitation, whichever is the lesser.<br /> <br /> If rehabilitation is not practical, compute the relocatees' RHP offer by deducting the trade-in value of the subject mobile home from the amount necessary to purchase a comparable DS&amp;S mobile home that is acceptable in the replacement mobile home park. The relocatees' actual payment relating to the mobile home will be for the amount of the offer, or for an amount equal to the difference between the trade-in value and the amount actually spent by the relocatee in purchasing a DS&amp;S replacement mobile home that is acceptable in the available park or a conventional dwelling, whichever amount is the lesser.<br /> <br /> If relocatees who are eligible for a payment based on rehabilitation costs purchase a DS&amp;S replacement in lieu of rehabilitating the subject unit, their RHP will be for either (1) the lowest rehabilitation cost bid, or (2) the difference between the trade-in value of their existing unit and the actual price they pay for the replacement, whichever amount is the lesser. (In this case they would not be entitled to closing costs or an increased interest payment covering the replacement mobile home purchase.) If the relocatees purchase both a replacement mobile home and site, their total RHP cannot exceed the lesser of (1) $31,000, or (2) the difference between the acquisition price paid by the department for the Displacement mobile home and the total (combined) purchase prices of the replacement mobile home '''and''' site, or if applicable, the purchase price of a conventional replacement dwelling.<br /> <br /> If relocatees, whose RHP relating to their mobile home was based on rehabilitation costs, elect to rent a replacement rather than rehabilitate their existing unit, they can do so and be paid a rental subsidy payment based on the rental fee of a DS&amp;S replacement mobile home, that would meet the mobile home park entrance requirements and a site comparable to the subject site, or if necessary, on the rental fee of a conventional replacement dwelling.<br /> <br /> Their total rental subsidy payment would be the '''lesser''' of the following amounts: <br /> <br /> (1) 42 times the difference between the monthly economic rental fee that is applicable to the subject mobile home and site and the monthly rental fee charged for the most nearly comparable replacement mobile home and site, or conventional dwelling, that is available for rent, <br /> <br /> (2) 42 times the difference between the monthly economic rental fee that is applicable to the subject mobile home and site and the monthly rental fee of the replacement that they actually rent, <br /> <br /> (3) 42 times the difference between the monthly rental fee being paid for the subject '''site''' and the monthly rental fee of the most nearly comparable replacement site that is available for rent '''plus''' the lowest of the rehabilitation cost bids, or <br /> <br /> (4) $7,200.<br /> <br /> If the relocatees' RHP relating to the mobile home was based on the cost of a replacement mobile home, they can be paid a rental subsidy payment covering both the mobile home and site. The one rental subsidy payment not to exceed $7,200 would be computed in the routine manner using the monthly economical rental fee that is applicable to the subject mobile home and site. (In determining the economic rent applicable to the subject mobile home and site it is normally desirable to combine the actual existing site rental and the economic fee applicable to the mobile home.)<br /> <br /> Relocatees who rent rather than rehabilitate or purchase a replacement are entitled to a routine moving cost payment.<br /> <br /> '''NOTE''': Should the relocatees elect to use their rental subsidy as a down payment to replace the subject rented site, they will not normally be eligible for a RHP under the provisions of this subparagraph as they would not normally be required to meet any entrance requirements to relocate their mobile home on a replacement site that they own. (An exception could exist if (1) no replacement sites are available for rent, (2) the only replacement site available for purchase is in a mobile home park that sells sites, and (3) the subject mobile home does not meet the entrance requirements of the park that sells sites.)<br /> <br /> '''B. 90-Day Owner-Occupant - Also Owns Subject Site'''<br /> <br /> If the relocatees in this category own both the mobile home (personal property) and the site upon which it is located, they would not normally be eligible for the RHP discussed in this subparagraph.<br /> <br /> Two exceptions under which the relocatees could qualify for the type of mobile home RHP discussed in this subparagraph are:<br /> <br /> '''Exception One''': The only comparable DS&amp;S replacement mobile home sites available for purchase are located in mobile home parks that '''sell''' sites and the subject mobile home does not meet those park's entrance requirements.<br /> <br /> '''Exception Two''': All three of the following conditions exist: (a) a comparable replacement site is not available for purchase, (b) the relocatees are agreeable to renting a replacement site, and (c) the only comparable replacement rental site available is in a mobile home park that will not accept the relocatees' mobile home because it does not meet the park's entrance requirements. Under the first exception the relocatees could be paid two separate RHPs: one payment covering the site and the other covering the mobile home, under the specific policies, procedures and limitations set out in this subparagraph. (The combined total of the two payments cannot exceed $31,000.) Under the second exception the relocatees could be paid a routine rental subsidy payment covering the site and a RHP under the provisions of this subparagraph not to exceed a combined total of $31,000.<br /> <br /> '''C. Owner-Occupants With Less Than 90-Day Occupancy'''<br /> <br /> Mobile home owners who occupied the subject site for less than 90 consecutive days prior to the initiation of negotiations for such site are not eligible for payment under the policies discussed in this subparagraph; however, if they are in occupancy at the initiation of negotiations for the site or at the time the department acquires the subject site, they will be eligible for moving costs and it is necessary that comparable DS&amp;S replacement housing be made available to them that is within their financial means before they can be forced to move from the subject property. (Any RHP necessary to enable relocatees in this category to occupy comparable DS&amp;S replacement housing must be paid under the last resort housing provision).<br /> <br /> Decent, safe and sanitary replacement housing will be considered as being available to the relocatees if (1) a replacement mobile home site is available that will enable the relocatees to reestablish their mobile home in a comparable decent, safe and sanitary manner '''provided''' that such site can be rented for a monthly rental fee that does not exceed 30% of the combined gross monthly income (if they are considered “low income”) of the relocatees' family, (2) an adequate replacement mobile home site is available for purchase that is within the relocatees' financial means, (3) a conventional DS&amp;S rental dwelling unit, or an established mobile home, is available for a monthly fee that does not exceed 30% of the relocatees' gross monthly income (if they are considered “low income”), (4) the relocatees are financially able to trade for (or buy outright) a mobile home that is acceptable in the replacement mobile home park which will not accept the subject unit, and (5) a DS&amp;S conventional dwelling is available for purchase that is within the relocatees' financial means and which they can buy with a down payment that does not exceed their equity in the existing mobile home. (If it is determined that DS&amp;S replacement housing is available to the relocatees, a memo must be placed in the unit file to explain the decision.)<br /> <br /> If it is determined that DS&amp;S replacement housing is available, advise the relocatee and document the unit file accordingly. If it is not available, it will be necessary to work out a solution under the Last Resort Housing Program.<br /> <br /> '''(13) Subject Dwelling Owned in Partnership Between Occupants and Non-occupants'''<br /> <br /> Eligible occupants who own the subject dwelling in partnership with other parties who are not occupants will be entitled to a RHP equal to the '''lesser''' of the following amounts:<br /> <br /> '''Computation A''': The difference between the '''total''' amount paid for the subject residential property and the price of the most nearly comparable DS&amp;S replacement dwelling.<br /> <br /> '''Computation B''': The difference between the portion of the payment for the subject residential property that the relocatees receive and the actual amount paid '''by such relocatees''' for a DS&amp;S replacement dwelling. If the relocatees purchase the replacement in partnership with other parties who were not in occupancy of the subject do '''not''' consider any portion of the replacement purchase price that was paid by the other parties.<br /> <br /> When completing the RHP Claim Form show preceding Computations A in the first spaces on the first and second lines under the Computations Section of the form and Computations B in the second spaces on the same two lines.<br /> <br /> Should two or more eligible individuals and/or families occupy the subject single-family dwelling, combine the applicable instructions in this subparagraph with those provided in EPG 236.8.8.3(a)(7).<br /> <br /> '''NOTE''': Partial owner-occupants who cannot secure financing or who cannot afford to purchase comparable replacement housing can be treated as tenants and receive a rental subsidy payment instead of a RHP.<br /> <br /> '''(14) Relocatee Purchases Replacement in Partnership With Other Parties'''<br /> <br /> When eligible displaced owner-occupants purchase their replacement dwelling in partnership with other parties, as discussed in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2(h)]], compute their payment by using a Replacement Housing Claim Form in the following manner:<br /> <br /> '''Step 1''': Complete the form as discussed in [[236.8 Relocation Assistance Program#236.8.8.4 RHP Claims|EPG 236.8.8.4]], down to the &quot;Computations&quot; section.<br /> <br /> '''Step 2''': Ascertain the percent of ownership that the relocatees acquired in the replacement property.<br /> <br /> '''Step 3''': Apply the percentage figure arrived at in Step 2 above to the total amount paid for the replacement property to determine the portion of such payment that was the relocatees' obligation to pay.<br /> <br /> '''Step 4''': Insert the amount arrived at in Step 3 in the second space on the first line under the &quot;Computations&quot; section on the form. (This action will reflect the subject relocatees' &quot;actual cost&quot; as being the amount arrived at in Step 3.)<br /> <br /> '''Step 5''': Complete the balance of the form in the routine manner '''unless''' an increased interest payment or incidental closing costs are involved. If incidental closing costs are involved, adjust the total incidental cost figure (tenth line under &quot;Computations&quot;) to include only the portion of such costs, which would have been the subject relocatees' obligation to pay. (Apply the same percentage figure arrived at in Step 2 above to the total incidental closing cost figure to determine the relocatees' portion of such closing costs.) If the relocatee is also entitled to an increased interest payment, see [[236.8 Relocation Assistance Program#236.8.10.3 Payment Computations|EPG 236.8.10.3(e)(15)]], for instructions concerning the amount to include in the claim form as the applicable increased interest payment amount.<br /> <br /> Make any notations on the back of the claim form that are necessary to clarify the amounts included therein.<br /> <br /> The unit file must be documented to reflect and support the above computations. (Also see [[236.8 Relocation Assistance Program#236.8.1.5 Ownership Qualifications|EPG 236.8.1.5(f)]].)<br /> <br /> '''(15) Insurance Proceeds From Catastrophic Occurrence'''<br /> <br /> The amount of any insurance proceeds received by a relocatee in connection with a loss to the displacement dwelling such as a fire, flood or wind storm shall be added to the department's right of way offer and to the right of way payment for the dwelling when computing the RHP offer and payment. Insurance proceeds from the loss of contents within the dwelling are '''not''' to be included in the RHP computations.<br /> <br /> '''(a) Replacement Housing Comparison Record (RA Form 236.8.8.3(b).)'''<br /> <br /> '''(1) When Prepared'''<br /> <br /> The district must make eligible owner-occupants a written RHP offer at the initiation of negotiations. A Replacement Housing Comparison Record (RA Form 236.8.8.3(b) will be used in establishing this offer).<br /> <br /> The Replacement Housing Comparison Record should be completed during the period that the appraisals of a parcel are being reviewed so that negotiations can be initiated immediately after an approved negotiating figure is received. The normal procedure is to complete all of the Replacement Housing Comparison Record for a property during the appraisal review period '''except''' the line designated &quot;Department's Offer Before Value For Subject Residential Property&quot; which can be quickly completed upon receipt of the approved negotiating figure.<br /> <br /> If the Comparison Record is completed prior to the time an approved negotiating figure is received, as discussed in the preceding paragraph, it will be necessary to use the negotiating figure recommended by the district in computing the RHP offer. When this procedure is used, it is essential that the recommended negotiating figure used in the computations be compared with the approved negotiating figure. If they differ, the Replacement Housing Comparison Record '''must''' be revised using the approved negotiating figure.<br /> &lt;div id=&quot;(2) Selection of&quot;&gt;&lt;/div&gt;<br /> '''(2) Selection of &quot;Comparables&quot;'''<br /> <br /> In every case, the comparables used in the Replacement Housing Comparison Record must:<br /> <br /> :A. Be currently available for purchase on the market.<br /> <br /> :B. Meet decent, safe and sanitary requirements.<br /> <br /> :C. Meet the definition of &quot;Comparable Replacement Dwelling&quot; as set out in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(i)]].<br /> <br /> :D. Be the three dwellings that are most '''nearly''' &quot;comparable&quot; to the subject than any other available properties that meet the above requirements. The relocatees' choice of replacement housing and/or areas in which they desire to relocate are '''not''' factors in selecting the comparables to be used in the Replacement Housing Comparison Record.<br /> <br /> Comparables must be &quot;functionally equivalent&quot; to the displacement dwelling with particular attention to the number of rooms and gross living space. The comparable selected for use in computing the relocatees' RHP offer should be the available DS&amp;S dwelling that is most comparable in all ways to the displacement dwelling. Gross living space is based on outside measurements excluding garages and unfinished areas.<br /> <br /> To be functionally equivalent, the comparable must perform the same primary functions as the displacement dwelling and enable the relocatees to maintain the same lifestyle as before displacement. For example, if the relocatees had sleeping accommodations for themselves and two separate house guests in the displacement dwelling, they must have the same capabilities in the comparable replacement dwelling.<br /> <br /> It is desirable that the comparable replacement be physically similar to the subject in regard to age, type construction, room arrangement, specialized furnishings or minor attributes, so long as it '''is''' functionally equivalent. For example, if a displacement dwelling contains a garage which is used as a laundry room, a comparable replacement dwelling with sufficient space to perform the same function meets the comparability requirement.<br /> <br /> A reduction in the number of rooms or living area in a selected comparable as compared to the displacement dwelling is not normally authorized. An exception may exist, with concurrence from the Right of Way Section, if a relocatee specifically requests a smaller unit. Only in unusual circumstances may a comparable replacement dwelling contain fewer rooms or living area than the displacement dwelling. Such may be authorized when a DS&amp;S comparable replacement dwelling, which is adequate to meet the needs of the relocatees, is found to be &quot;functionally equivalent&quot; to a larger but very run-down substandard displacement dwelling.<br /> <br /> When mobile homes are involved use outside dimensions when computing square footages, both in the subject and comparables.<br /> <br /> To the extent feasible, comparable replacement dwellings must be selected from the neighborhood in which the displacement dwelling was located or, if that is not possible, in nearby or similar neighborhoods where housing costs are generally the same or higher.<br /> <br /> A comparable replacement site should include normal site improvements, including customary landscaping but need not include major exterior attributes such as outbuildings, swimming pools and greenhouses. Should a selected comparable lack customary landscaping, it is permissible to add the reasonable cost of providing it to the price of the comparable. Landscaping costs should be based on the price of normal-sized balled nursery stock, not on the price of large and/or mature-sized plantings. The cost of providing grassed lawns should be based on seeding the area.<br /> <br /> The most nearly comparable DS&amp;S replacement available will be used in computing the RHP '''unless''' it is not adequate to accommodate the relocatees, in which case, the most nearly comparable DS&amp;S replacement available that is adequate to meet their needs will be selected and used in computing the payment.<br /> <br /> The most common reasons for disqualifying a comparable replacement due to its inability to accommodate the relocatees will be (1) an inadequate number of bedrooms to enable family members (other than infants and small children) to be separated according to sex, (2) an inadequate number of bedrooms to avoid &quot;overcrowding&quot; and (3) an inability to meet the specific needs of aged and/or permanently disabled relocatees.<br /> <br /> Any qualified member of the right of way staff can select comparable replacement housing. There is a space on the Replacement Housing Comparison Record for the district Right of Way Manager to concur in the selection of the comparable replacement dwelling. At least two people must agree on the selection. Should the district Right of Way Manager complete and execute the Comparison Record, the district engineer will sign the concurrence space.<br /> <br /> The staff member who selects the &quot;comparables&quot; and completes the Replacement Housing Comparison Record must have access to listings of available replacement housing in the area and '''must''' not be influenced in the selection of such comparables. The district Right of Way Manager can reject the individual's selection of comparables and select others, with justification in writing, but cannot direct the staff member to select comparables of the district Right of Way Manager’s choosing.<br /> <br /> The individual who selects the &quot;comparables&quot; must also be provided a copy of the relocatees' &quot;Relocatee Needs Questionnaire,&quot; so he/she will be aware of the relocatees' needs and therefore be in position to select comparables that are &quot;adequate to accommodate the relocatee.&quot;<br /> <br /> It is also necessary that the individual who selects the comparables always conduct an outside inspection of the dwelling that is being acquired by the department. An interior inspection will not be required '''if''' the right of way appraisal includes both a plat and a description of the interior of the dwelling. The exterior of comparable replacement housing used in computing RHPs and the neighborhood in which they are located, must always be visually inspected by the individual who selects the comparables. An interior inspection is not required when reliable information is available regarding the interior.<br /> <br /> Although the price of potential replacement housing is not a factor in selecting comparables, overpriced dwellings should be ignored.<br /> <br /> Housing that is scheduled for future demolition should never be used as comparables on a Replacement Housing Comparison Record.<br /> <br /> A Replacement Housing Comparison Record, once completed for a subject property, should not be revised or replaced unless:<br /> <br /> :A. An actual error was made in completing the original comparison record.<br /> <br /> :B. The situation discussed in EPG 236.8.8.3(c)(4), exists.<br /> <br /> :C. A new study is necessary as the result of an administrative review as discussed in [[236.8 Relocation Assistance Program#236.8.15.1 Appeals of Offers and/or Ineligibility Decisions|EPG 236.8.15.1]].<br /> <br /> :D. A condemnation agreement is being used and the conditions in EPG 236.8.8.3(d), requiring a &quot;new&quot; comparable replacement selection are in existence.<br /> <br /> :E. It is necessary to recompute a RHP offer which was based on the confirmed price of a replacement dwelling that '''exceeds''' the comparability requirement when the replacement was selected on the basis of &quot;adequacy to meet the relocatees' needs&quot; if the department learns that the need for the additional space, room or special requirement has been eliminated before the displacement occurs and that the relocatees have not already committed themselves in the purchase of a replacement dwelling to the extent that they would suffer financial loss if they do not complete the transaction. <br /> <br /> See EPG 236.8.8.3(c)(8), REGARDING REDUCTIONS IN RHP OFFERS.<br /> <br /> If an original comparison record is changed or if a new one is prepared to supersede the original, the unit file '''must''' be documented to clearly reflect the '''necessity''' for such action.<br /> <br /> '''NOTE A: Capital Improvements Involved'''<br /> <br /> If the most comparable DS&amp;S replacement dwelling available is acceptable '''except''' for a specific feature which can '''reasonably''' be &quot;cured,&quot; for example, by adding a carport, garage or other '''rather easily accomplished''' capital improvements, it is permissible, with prior concurrence from the Right of Way Section to add the estimated cost of the &quot;cure&quot; to the price of the comparable and use the total figure as the amount necessary to purchase the comparable DS&amp;S dwelling available. It '''is not''' intended that this procedure be applied as routine practice.<br /> <br /> If authorized &quot;costs-to-cure&quot; are involved and the comparable is purchased by the relocatee, the work must be accomplished within the one-year period allowed for purchasing and occupying a replacement property; however, the replacement housing claim must not be filed until after the &quot;cures&quot; are completed so receipted bills can be provided with the claim to prove the amount of the expenditures involved.<br /> <br /> '''NOTE B: Comparable Replacement Housing for Disabled Persons'''<br /> <br /> To meet DS&amp;S requirements when a disabled person is displaced, a comparable replacement dwelling must be free of any barriers that would preclude reasonable ingress, egress or use of the unit by the relocatee.<br /> <br /> If a comparable replacement dwelling cannot be located which meets this specific requirement, the estimated cost of modifying an otherwise comparable replacement dwelling to cure the DS&amp;S deficiencies should be added to the price of the comparable. The instructions in preceding NOTE A are generally applicable.<br /> <br /> '''NOTE C: Comparable Replacement Dwelling Located in Floodplain'''<br /> <br /> A comparable replacement dwelling cannot be located in a floodplain '''unless''' (1) the displacement dwelling is located in a floodplain '''and''' (2) similar or better flood insurance available at the displacement site is also available at the comparable replacement site without a substantial increase in cost.<br /> <br /> Relocatees who select, purchase and occupy DS&amp;S replacement housing in floodplains will be eligible for any RHP they are otherwise eligible to receive.<br /> <br /> '''NOTE D: Major Exterior Improvements'''<br /> <br /> A comparable replacement site should include normal site improvements, including customary landscaping, but need not include special improvements such as outbuildings, swimming pools and greenhouses.<br /> <br /> If the comparable replacement site '''does''' include the special improvements, the full approved right of way acquisition offer and payment for the displacement residential property (including the value of such special improvements) should be used in computing the replacement housing offer and payment. If the replacement site does '''not''' include such improvements, their value must be subtracted from the right of way acquisition offer and payment when computing the RHP offer and payment. (The procedures in EPG 236.8.8.3(a)(2), are applicable when &quot;carving out&quot; the portion of the acquisition offer that is chargeable to the special improvements.)<br /> <br /> Occasionally the replacement property actually purchased and occupied by a relocatee will lack a major exterior improvement that was present in '''both''' the subject property and the selected comparable used in computing the RHP offer. In this case, the entire approved right of way acquisition offer for the subject residential property, including the value of the referenced exterior improvement, will have been used in the offer computations.<br /> <br /> If the relocatee adds '''this specific improvement''' to the replacement property, include its actual, reasonable and documented cost to the purchase price of the replacement when determining the &quot;actual cost&quot; of the replacement residential property for use in computing the RHP.<br /> <br /> '''(3) Instructions for Preparation of Replacement Housing Comparison Record'''<br /> <br /> For &quot;Type Property Involved&quot; use descriptive terms such as &quot;single-family, 6-room, brick ranch-type dwelling with 3 bedrooms.<br /> <br /> The next space on the form is provided to show the total square feet of gross living area in the subject dwelling unit.<br /> <br /> Check whichever blank space is applicable on the next line to reflect a total or partial right of way acquisition.<br /> <br /> The next space is provided to show the approved right of way offer for the subject '''residential''' property '''including''' any offer for an uneconomic remainder of the residential parcel. If the acquisition involves a single-family residential property located on a normal residential building lot, the total approved negotiating figure will be shown in the blank space. If the acquisition includes the residential property '''plus''' other lands, show '''only''' the prorated portion of the approved negotiating figure that is chargeable to the residential improvements and supporting land area.<br /> <br /> Show by check mark whether the amount to be used in computing the RHP offer is the total right of way offer or a prorated portion of the right of way offer or before value.<br /> <br /> The three sections provided to describe the available replacement properties, on which the computations are based, are to be completed as follows.<br /> <br /> On the first line use a street address if possible, if not, refer to distances and directions from known landmarks in describing the location, such as by intersections, named stream crossings.<br /> <br /> The name of the owner of the replacement must be provided on the second line, as well as the name of the Realtor or real estate firm handling the sale. The Realtor's address is to be shown on the third line. If the owner is handling the sale, without the assistance of a Realtor, insert the word &quot;none&quot; in the space provided to show the Realtor's name and provide the owner's address in the next space in lieu of a Realtor's address.<br /> <br /> The individual preparing the Replacement Housing Comparison Record must personally contact the Realtor, or if no Realtor is involved, the owner of the property, and confirm the asking price of the property. Insert this amount as the &quot;asking price&quot; in the first space on the fourth line and the name of the person who confirmed that price in the second space.<br /> <br /> Dwellings that are obviously overpriced must not be used as comparables on the comparison record.<br /> <br /> A space has been provided on the back of the form for a narrative comparison of each comparable to the subject. The narrative '''must''' provide a word picture of the important similarities and differences between the two properties with particular emphasis on functional similarities and differences. Specific spaces have been provided at the beginning of each narrative to show the square feet of gross living space contained in the comparable, how the square footage determination was made, total number of rooms and number of bedrooms.<br /> <br /> '''NOTE A: Less Than Three Replacements Available'''<br /> <br /> If three replacement properties cannot be located, document the file. The documentation should discuss the effort that was made to locate three replacements. If no replacements are available, the form cannot be used. The procedure to follow when no acceptable replacements are available is discussed later in this section of the Manual.<br /> <br /> The section of the form headed &quot;Final Determination&quot; must be completed as follows.<br /> <br /> On each of the first three lines in this section simply insert the confirmed asking/listing price of the correspondingly numbered replacement property. <br /> <br /> Next choose the replacement that is most nearly '''comparable''' to the subject and insert its number in the space provided on the fourth line. The price of that replacement will be shown on the next line.<br /> <br /> Complete the &quot;Final Determination&quot; section by subtracting the department's right of way offer or pro rated offer for the subject residential improvements and supporting land, or, if applicable, the before value of the right of way parcel, from the price of the selected comparable and arrive at the RHP offer.<br /> <br /> The Comparison Record is to be completed and signed by the person who selected the comparables. The form is also to be signed by the Right of Way Manager.<br /> <br /> When no suitable replacement properties are available for purchase or when a new house that meets comparability requirements can be built for less than the most nearly comparable replacement available, the maximum RHP will be computed on the basis of new house construction. The computed payment will be the difference between the amount paid to the relocatees for their residential improvements and supporting land area and the estimated cost of acquiring a building lot and constructing a comparable DS&amp;S replacement dwelling thereon.<br /> <br /> When considering comparability, rely on functional similarity. If the subject is, for example, a large two-story house of old style design that includes large hallways and other &quot;extra space,&quot; do not duplicate it. Instead, consider a replacement of modern design which would provide the same utility. Normally, the replacement cost should be based on a house of similar construction - brick to brick, frame to frame, etc., and overall no less desirable than the subject.<br /> <br /> The estimated cost of the new house and building lot must be prepared in writing, supported and signed by a qualified member of the right of way staff, normally an appraiser. A district certified appraiser or district Right of Way Manager must also sign it. If the reviewer cannot agree with the cost estimate, he/she must make the necessary revisions and support them in writing. In such instances, the revised figure provided by the reviewer will be used in computing the payment.<br /> <br /> The house plan used in computing the estimated cost can be the actual plan the relocatees intend to use '''if''' reasonably comparable to the subject. If it is not reasonably comparable, the estimator would select a plan for a dwelling that he/she feels is more nearly comparable.<br /> <br /> The actual RHP will be the difference between the amount paid to the relocatees for their residential improvements and supporting land area and the amount they actually spend in purchasing a replacement building lot and constructing the new house not to exceed the computed RHP offer. If they rebuild on previously owned land, the current fair market value of land, equal in size to a residential building lot, can be added to their actual construction costs to determine their overall expenditure. The relocatees must be advised to retain receipts to prove their expenditures and costs. The instructions in EPG 236.8.8.3(a)(l0), relating to the value of any labor performed by the relocatees and to the cost of previously owned land used as a building lot are also applicable in determining their overall expenditure when new house construction is involved.<br /> <br /> A summary sheet should be prepared for the unit file showing how the maximum RHP offer was computed. The summary should show the portion of the right of way offer that was chargeable to the subject residential improvements and supporting land area and the estimated construction cost figures as discussed above.<br /> <br /> A second summary should be prepared after the final right of way payment is made to show the amount actually paid for the subject residential property by the department and the relocatees' actual construction costs to prove the accuracy of the replacement housing payment being made to the relocatees.<br /> <br /> '''NOTE B: When Applicable to Replacement Farm Homes'''<br /> <br /> When an owner-occupied dwelling is acquired by the department, which is located on a farm unit of adequate size to support a self-sustaining farm operation after the acquisition and when the owners are actually conducting farming operation thereon which contributes at least one-third of their total net income, assume that a replacement dwelling at some other location would not be &quot;reasonably accessible to the relocatees' place of farm employment.&quot; It would be proper to compute the owners' RHP on the basis of constructing a replacement DS&amp;S dwelling on their remaining land.<br /> <br /> If the relocatees have two distinctly different farm operations at two different and disconnected locations, neither operation related to or dependent on the other, they will not normally qualify for a RHP based on new house construction if the subject dwelling that was acquired by the department was located on one farm and the replacement was constructed on the other unless no other existing DS&amp;S replacement housing was available.<br /> <br /> If the owners acquire or build a replacement house at any other location, their payment will be computed in the routine manner.<br /> <br /> When the payment is based on new house construction, due to the subject dwelling being located on a farm that is adequate in size after the acquisition to contain a self-sustaining farm operation, the file must be documented to show that the remaining farm is in fact adequate to contain this type operation.<br /> <br /> If the relocatees have income not directly related to the farming operation, it will be necessary for them to provide a copy of their most recent federal income tax return to prove that the farm operation produces at least one-third of their total net income. If there are extenuating circumstances involved which cause the District to feel that relocatees are entitled to remain on their farm unit, even though their farm operation does not produce one-third of their total income, submit all facts to the Right of Way Section for final determination.<br /> <br /> '''(b) Payment Computation Adjustments'''<br /> <br /> '''(1) Changes in Right of Way Offers Due to Value Adjustments'''<br /> <br /> If the right of way offer for an owner-occupied residential dwelling which is being acquired in its entirety is changed due to a value adjustment, the maximum RHP offer can be recomputed by inserting the revised right of way offer in the applicable spaces on the Replacement Housing Comparison Record Form and deducting it from the price of the previously determined most nearly comparable replacement property available.<br /> <br /> If right of way offers are changed which include payment for &quot;other lands,&quot; or which involve any other situation where prorations are required as discussed in this section, it will be necessary to revise those prorations prior to recomputing the payment. The same appraiser who prepared the original proration should also prepare the revision. A district certified appraiser or right of way manager must approve the revised proration.<br /> <br /> After the revised prorated value of the residential improvements and supporting land area is determined, the RHP can be recomputed.<br /> <br /> An explanation will be required for the unit file to support a determination that it was not necessary to change the prorated amount assigned to the residential improvements and supporting land area when the total right of way offer was later increased or decreased.<br /> <br /> If the right of way offer for the partial acquisition of a normal-sized residential property is adjusted, the adjusted before value of the property will be used in computing the RHP offer.<br /> <br /> '''(2) Changes in Right of Way Offers Due to Administrative Settlement'''<br /> <br /> In these cases the portion of the original offer that was chargeable to the residential improvements and supporting land area '''must''' be increased in the same percentage ratio that the overall offer was increased.<br /> <br /> '''(3) Changes Necessary Due to Updating of Appraisals'''<br /> <br /> When right of way negotiations are delayed for a substantial period of time after the appraisals for a parcel are completed, the appraisals will normally be updated to reflect value changes that have occurred since the appraisals were completed. If the approved negotiating figure for an owner-occupied dwelling is changed, it will be necessary to revise the RHP offer. When this occurs the following procedure is applicable:<br /> <br /> Determine if the selected comparable that was used in computing the relocatees' RHP offer is still available, or, if not, whether a different DS&amp;S comparable is currently available for a price that does not exceed the price of the original comparable. If so, the revised RHP offer will be based on the difference between the price of the original comparable and the new approved negotiating figure for the residential property. If not, the revised RHP offer will be based on the difference between the price of a newly selected comparable that is currently available to the relocatee and the portion of the new approved negotiating figure that is chargeable to the residential improvements and supporting land area.<br /> <br /> In instances when the right of way acquisition includes lands or property in addition to the residential property, a proration (carve out) will have been accomplished to determine the portion of the original approved negotiating figure that was chargeable to the residential improvements and supporting land area. If the new approved negotiating figure for the parcel is based on actual documented value adjustments that are specifically applicable to the subject property involved, it will be necessary to revise the original proration in the manner discussed in preceding subparagraph (2), before recomputing the new RHP offer. If, however, the overall appraised value of the parcel is simply being updated due to a general increase in property values during the period of time since the appraisals were made normally shown as a percentage of increase experienced by similar properties in the area, the instructions in preceding subparagraph (3), are applicable.<br /> <br /> '''(4) Changes Necessary When Selected Comparable Replacement Dwellings Are No Longer Available'''<br /> <br /> If the relocatees request assistance in finding replacement housing, they must be shown housing which is available for purchase for an amount which does not exceed the combined total of the department's right of way offer for their residential improvements and supporting land area and their computed RHP offer.<br /> <br /> This can be accomplished easily if the replacement dwelling that was selected as being most nearly comparable to subject on the Replacement Housing Comparison Record is still available for purchase. Merely re-advise them of the availability of the comparable replacement dwelling that was used in computing their maximum replacement housing offer.<br /> <br /> If the selected replacement dwelling listed on the comparison record is no longer available or later found to be not comparable or DS&amp;S, it will be necessary to determine if a different DS&amp;S comparable is currently available for a price that does not exceed the price of the original comparable. If so, advise the relocatees of the newly located comparable.<br /> <br /> If a &quot;different&quot; comparable cannot be located, it will be necessary to compute a new offer based on the most nearly comparable DS&amp;S replacement dwelling that is currently available to the relocatees. This will be accomplished by completing a new Replacement Housing Comparison Record.<br /> <br /> Always retain all comparison records in the unit file '''including''' those that have been voided and/or superseded.<br /> <br /> If no new comparables can be located, it will probably be necessary to recompute the offer on the basis of new house construction. Should the payment based on new house construction exceed $31,000, the feasibility of providing a suitable DS&amp;S replacement dwelling unit under the Last Resort Housing Program must be determined.<br /> <br /> It will normally be necessary to recompute a RHP offer if (1) the relocatee requests that the department point out a specific DS&amp;S replacement that can be purchased for an amount that does not exceed their combined right of way and replacement housing offer and the department cannot do so, (2) the relocatee did not have sufficient time to enter into a purchase agreement for the selected comparable, or (3) it is not possible to locate a currently available DS&amp;S comparable that can be purchased for a price that does not exceed the price of the comparable that was used in computing the relocatees' original RHP offer.<br /> <br /> Recomputed RHP offers that are '''less''' than the original offer can be presented to the relocatees only when the reduced offer would not cause them to suffer financial loss, embarrassment or other problems of consequence due to their inability to fulfill previous good faith commitments made in anticipation of receiving the original offer.<br /> <br /> The reduction of RHP offers is not to be considered routine procedure. The action must be carefully considered on a case-by-case basis.<br /> <br /> When a reduced RHP offer is involved, the unit file must be documented to show that none of the above prohibitions existed.<br /> <br /> '''(5) Changes Necessitated by Condemnation Awards and/or Final Legal Settlements'''<br /> <br /> See following sections (d) and (f).<br /> <br /> '''(6) Changes When Owners Retain Salvage Rights For a Reduced (or Nil) Charge'''<br /> <br /> When property owners are permitted to retain salvage rights in their right of way settlement without cost or for a reduced salvage value and with little or no deduction from their right of way payment, the full value of the salvage items involved, as reflected on the approved right of way [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Form 6.3.3], must be added to the &quot;cash&quot; consideration paid by the department for their residential property when computing the amount of their actual RHP. Include the salvage values as a part of the owners' &quot;Right of Way Payment&quot; when completing the second line under &quot;Computations&quot; on their Replacement Housing Claim Form, [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Claim%20Form%20236.8.8.4.B.pdf RA Form 236.8.8.4(b)]. This instruction is not applicable if the value of the salvageable items was reduced for the reason that they had been &quot;overpriced&quot; as salvage in the original appraisal process. In this case, the adjusted salvage values, instead of the original salvage values, would be added to the &quot;cash&quot; consideration paid for the residential property when computing the RHP.<br /> <br /> '''(7) Other Changes in RHP Offers'''<br /> <br /> Approval for the recomputation of RHP offers may also be obtained from the Right of Way Section on a case-by-case basis when the original offer was of necessity based on a substantially better than comparable replacement dwelling when:<br /> <br /> :(1) a more nearly comparable replacement dwelling becomes available which would produce a more realistic RHP offer, and<br /> <br /> :(2) a reduction in the RHP offer would not cause the relocatee to suffer financial loss, embarrassment or other problems of consequence due to his/her inability to fulfill previous good faith commitments made in anticipation of receiving the original offer.<br /> <br /> A corrected &quot;Eligibility Notice&quot; must be provided to relocatees who’s RHP offers are revised.<br /> <br /> '''(c) Advanced RHPs in Condemnation Cases'''<br /> <br /> The same procedure is applicable in carrying out the various phases of the Relocation Program when condemnation is involved except when the owner of a residential property being acquired through condemnation is entitled to a RHP.<br /> <br /> Relocatees who are entitled to RHPs and whose properties are being acquired through condemnation can elect either of the two following options in claiming such payment.<br /> <br /> :(1) The qualified owner-occupants can enter into a Condemnation Agreement, RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20Residential%20Property%20Form%20236.8.8.3.E.1.pdf Form 236.8.8.3(e)(1)]), or [http://eprojects/Templates/RW/Chapter%208_Relocation/Condemnation%20Agreement%20other%20than%20Residential%20Property%20236.8.8.3.E.2.pdf Form 236.8.8.3(e)(2)], whichever is applicable, as discussed in the following paragraphs and receive their RHP prior to final settlement of their condemnation case, OR<br /> <br /> :(2) They can wait until final settlement of their condemnation case and then file a replacement housing claim.<br /> <br /> Condemnation agreements are not applicable when a 90-Day owner elects to rent rather than purchase replacement housing.<br /> <br /> '''If the first option is chosen, the following procedure is applicable'''.<br /> <br /> If the acquisition involves a residential property only, with no other lands, property or rights involved, the RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20Residential%20Property%20Form%20236.8.8.3.E.1.pdf Form 236.8.8.3(e)(1)] is applicable. If, however, the acquisition includes land, property, or rights in addition to the residential improvements and supporting land area, the RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20other%20than%20Residential%20Property%20236.8.8.3.E.2.pdf Form 236.8.8.3(e)(2)] must be used. The latter agreement is applicable when residential quarters and a business operation are both located in the same building.<br /> <br /> The agreement can be signed:<br /> <br /> :1. '''after''' the condemnation commissioners' award is paid into court,<br /> <br /> :2. '''after''' the relocatees have purchased and occupied a DS&amp;S replacement dwelling and are otherwise eligible for the payment, and<br /> <br /> :3. '''prior''' to final settlement of their condemnation case.<br /> <br /> When a condemnation agreement is used, the RHP '''must''' be recomputed after the condemnation commissioners' award has been filed and prior to execution of the agreement, and shall be the difference between the portion of the condemnation commissioners' award that is chargeable to the subject residential property and the actual amount paid for a DS&amp;S replacement dwelling by the relocatees or the difference between such condemnation commissioners' award and the price of the most nearly comparable DS&amp;S replacement dwelling available, '''whichever is the lesser'''. Instructions in following subsection (2) explain how to determine the portion of the condemnation commissioners' award that is chargeable to the subject residential property.<br /> <br /> The price of the selected comparable replacement dwelling reflected in the original Replacement Housing Comparison Record will be used in the above recomputations '''unless''' all of the following conditions exist:<br /> <br /> :1. The relocatees contend that there was no comparable DS&amp;S replacement dwelling available between the time they received their first vacancy notice and the required vacancy date quoted in their final &quot;Notice to Vacate&quot; that could have been purchased for the price of the comparable replacement used in computing their original RHP offer. The date that the relocatees actually moved is not a factor in the recomputations.<br /> <br /> :2. The confirmed price of the most nearly comparable replacement dwelling unit that was available between the time the relocatees received their first vacancy notice and the required vacancy date quoted in their final &quot;Notice to Vacate&quot; '''was higher than''' the price of the comparable that was used in computing their original RHP offer. To make this determination, the newly selected comparable does not have to be currently available but must have been available for a reasonable period between the issuance of the relocatees' first and final vacancy notices. A new Replacement Housing Comparison Record, RA Form 236.8.9.3(b), must be used in the selection of the new comparable replacement dwelling and the unit file must be fully documented to reflect and support the District's decisions and actions. The new comparable should not normally be selected prior to the expiration date set out in the relocatees' final &quot;Notice to Vacate.&quot;<br /> <br /> IF THE RECOMPUTED BASIC RHP EXCEEDS $31,000, '''DO NOT''' USE CONDEMNATION AGREEMENTS Form 236.8.8.3(e)(1) OR Form 236.8.8.3(e)(2). When this situation is experienced, provide all facts involved to the Right of Way Section and request that a separate condemnation agreement be prepared that is workable under the specific circumstances involved. The Last Resort Housing Program would normally be involved under this circumstance.<br /> <br /> '''NOTE A: Incidental Closing Cost and/or Increased Interest Payment'''.<br /> <br /> Owner-occupants whose residence is acquired by condemnation can be reimbursed for their eligible incidental closing costs and paid any increased interest payment without the need for a condemnation agreement.<br /> <br /> If an incidental closing cost and/or increased interest payment is paid in advance of final settlement of a condemnation case, the unit file must be &quot;flagged&quot; to ensure that these payments will not be duplicated should the relocatee become eligible for a RHP at the time the case is finally settled. (See NOTE B at the end of [[236.8 Relocation Assistance Program#236.8.8.4 RHP Claims|EPG 236.8.8.4(b)]], for instructions for completing Claim RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Claim%20Form%20236.8.8.4.B.pdf Form 236.8.8.4(b)], when incidental closing costs and/or increased interest payments are made under the conditions discussed in this NOTE.)<br /> <br /> '''(1) Condemnation Agreement, Residential Property Only, No Other Property Included in Acquisition''' (RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20Residential%20Property%20Form%20236.8.8.3.E.1.pdf Form 236.8.8.3(e)(1)])<br /> <br /> This form is applicable regardless as to whether a partial or total acquisition of residential property is involved.<br /> <br /> Instructions for completing RA Form 236.8.8.3(e)(1) are as follows:<br /> <br /> In the first paragraph include the names of the owners of the residential property to whom the RHP will be made.<br /> <br /> The second paragraph of the agreement refers to &quot;property as described in Exhibit No. 1. A copy of the legal description, describing the right of way taking, must be attached to each copy of the agreement.<br /> <br /> In subsection number 1, under &quot;Owners Agree,&quot; show the condemnation commissioners' award for the subject property.<br /> <br /> The amount to be shown in the second-numbered paragraph (No. 2) is the previously discussed recomputed RHP. This same amount will also be shown in the blank space on the third line of subparagraph (1) under &quot;Commission Agrees.&quot;<br /> <br /> The agreement is to be executed, on behalf of the commission.<br /> <br /> All owners whose names are included in the first paragraph of the agreement must sign in the spaces provided at the end of the agreement. <br /> <br /> A minor who is an owner-occupant can sign a condemnation agreement. If a guardian has been appointed for the minor, the guardian should also sign the agreement. In cases where infants and young children are involved, the child's guardian would sign the agreement and the minor would not be required to.<br /> <br /> '''(2) Condemnation Agreement, Land Other Than Residential Property Involved'''(RA [http://eprojects/Templates/RW/Chapter%208_Relocation/Condemnation%20Agreement%20other%20than%20Residential%20Property%20236.8.8.3.E.2.pdf Form 236.8.8.3(e)(2)])<br /> <br /> Instructions for completing RA Form 236.8.8.3(e)(2) are as follows.<br /> <br /> The instructions outlined for RA [http://eprojects/Templates/RW/Chapter%208_Relocation/Condemnation%20Agreement%20other%20than%20Residential%20Property%20236.8.8.3.E.2.pdf Form 236.8.8.3(e)(2)] above, covering the first two paragraphs of that form, are also applicable to this form. The legal description to be attached to this agreement should cover the entire acquisition and not just the portion on which the residential improvements are located.<br /> <br /> The amount to be shown in paragraph (1) under &quot;owners&quot; is the highest negotiating offer that has been made by the department to the owner for the '''entire right of way acquisition''' involved.<br /> <br /> The amount to be inserted in paragraph no. 2 is the '''total''' condemnation commissioners' award covering the '''entire right of way taking''', including both residential property and other lands.<br /> <br /> The amount to be shown in the first blank space in paragraph no. (4) is the prorated portion of the department's total right of way negotiating offer that is chargeable to the residential improvements and supporting land area.<br /> <br /> In the second blank space in paragraph no. (4) show the percent of the total offer chargeable to the residential area.<br /> <br /> The amount to be shown on the first line in paragraph no. (5) is the actual recomputed RHP.<br /> <br /> The amount to be shown in the second space in paragraph no. (5) is the portion of the condemnation commissioners' award that is applicable to the residential property '''only'''. Determine this amount by applying the same percentage figure arrived at in paragraph no. (4) to the total condemnation commissioners' award. These computations will be reflected in the three spaces contained in the parenthesis at the end of subsection (5) by showing the percentage figure in the first space, the total commissioners' award in the second and the resulting computed amount in the third.<br /> <br /> The blank space in paragraph no. (6) shall reflect the same amount shown in the second space in paragraph no. (5).<br /> <br /> Instructions provided in the preceding subparagraph for execution of the RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Condemnation%20Agreement%20Residential%20Property%20Form%20236.8.8.3.E.1.pdf Form 236.8.8.3(e)(1)], agreement also apply to this agreement.<br /> <br /> '''(3) Instructions Applicable to Both Agreements'''<br /> <br /> If the landowners desire to enter into a condemnation agreement after their condemnation award has been paid into court and they have purchased and occupied a DS&amp;S replacement, three copies of the applicable agreement form are to be delivered to the owners or their attorney. The blanks on the form will be filled out prior to delivery by the district. The agreement need not be executed on behalf of the department at that time.<br /> <br /> The owners must then sign and return all copies to the district office. Regional counsel will keep one copy of the fully executed agreement, one copy will be forwarded to the owner or, if applicable, their attorney and the original will be retained by the district. <br /> <br /> Increases in offers made after condemnation agreements have been executed, in attempting to settle condemnation cases, have no effect on such agreements and are not factors in computing or paying RHPs unless they are accepted by the owner and become final judgments.<br /> <br /> It will be the duty of the department's regional counsel to take whatever action is necessary to collect any refund due to the State under the terms of a condemnation agreement. District personnel should work closely with the regional counsel in providing any information needed by him/her to ensure that the department receives refunds it is due under condemnation agreements, and periodic checks made to determine if the subject condemnation case has been settled and, if so, if a refund is due. <br /> <br /> '''NOTE A: Final Legal Settlement Less Than Condemnation Commissioners' Award'''<br /> <br /> If the final legal settlement is less than the condemnation commissioners' award on which the relocation payment was based, the owner would be entitled to an additional RHP in most cases.<br /> <br /> '''(d) Condemnation - No Condemnation Agreement Signed'''<br /> <br /> If the owners chose to wait until final settlement of their condemnation case before filing a claim for their RHP, compute their payment by applying the following procedure.<br /> <br /> Deduct the portion of the final legal settlement that is chargeable to the residential property from the price of the most nearly comparable DS&amp;S replacement available as determined on the original &quot;Replacement Housing Comparison Record,&quot; '''and''', in a separate computation, deduct the same portion of the final legal settlement from the amount actually paid for the DS&amp;S replacement property purchased and occupied by the subject owners. The relocatees are entitled to a RHP equal to the lesser of these two computed figures.<br /> <br /> If the acquisition did not involve lands or property in addition to the residential improvements and supporting land area, the total final legal settlement used in the computations as the entire amount would be chargeable to the residential property. If other lands were involved in the acquisition, determine the portion of the final legal settlement that is to be charged to the residential property by increasing or decreasing the prorated portion of the right of way offer that was charged thereto when the original RHP offer was computed in the same percentage ratio that the overall final legal settlement was increased or decreased in relation to the total right of way offer.<br /> <br /> If the relocatees paid '''more''' for their replacement dwelling than the amount determined by the department as being the price of the most nearly comparable DS&amp;S replacement dwelling available and contends that there was no comparable DS&amp;S replacement housing available between the time they received their first vacancy notice from the department and the required vacancy date quoted in his/her final &quot;Notice to Vacate&quot; that could have been purchased for the above-mentioned price, it will be necessary to prove their contention correct or erroneous '''if''' no more than 12 months have expired between the date that they were required to vacate the subject dwelling and the date of their final right of way condemnation settlement. If more than 12 months have expired, the department will not attempt to reconstruct the availability of specific housing during the subject period and will take the firm position that the price of the original comparable replacement was correct, fair and adequate.<br /> <br /> The following instructions apply when (1) the final condemnation settlement occurs within 12 months from the date that the relocatees were required to vacate the subject property, and (2) the relocatees' actual replacement housing cost exceeded the confirmed price of the replacement dwelling used in computing their original RHP offer.<br /> <br /> Locate the most nearly comparable DS&amp;S replacement that was available during the designated period and use its actual, or selling price, whichever is applicable, to determine the maximum RHP that could be made to the relocatees. A new Replacement Housing Comparison Record, RA Form 236.8.8.3(b), must be completed using the &quot;new&quot; comparable replacement dwelling.<br /> <br /> If one of the other methods of computing RHPs, as discussed in EPG 236.8.8.3(c), is applicable, compute the final payment accordingly (applying the same general principle outlined in the preceding paragraphs).<br /> <br /> ===236.8.8.4 RHP Claims===<br /> <br /> '''(a) Time for Filing Claims'''<br /> <br /> RHP claims must be filed within the time period discussed in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2(i)]], but not before the relocatees have actually purchased and occupied a DS&amp;S replacement dwelling, '''unless''' an advance RHP is being made under the specific terms and instructions outlined in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2(f) and (g)]], and not before the department has acquired the subject right of way parcel through negotiated settlement or condemnation. It is desirable that the claim be filed as soon as practical after the subject property has been acquired and the relocatees have met all payment eligibility requirements.<br /> <br /> '''(b) Claim RA Form--RHP''' (RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Claim%20Form%20236.8.8.4.B.pdf Form 236.8.8.4(b)])<br /> <br /> RA Claim Form 236.8.8.4(b) must be used in filing a replacement housing claim.<br /> <br /> General information concerning claim forms previously discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(d)]], also apply to this form.<br /> <br /> Documentation to support the claim, such as closing statements and paid receipts are to be attached to the claim submitted to the district by the relocatee. The documentation must be retained in the subject's unit file in the district office and should not be attached to claim forms submitted to the Right of Way Section for payrolling.<br /> <br /> If the closing statement does not clearly show the purchase price of the replacement property or if a closing statement was not prepared, the relocatees must provide a notarized statement signed by both the buyer and seller certifying the purchase price paid for the replacement. Under this circumstance, the district should be sure prior to making the RHP that the instrument by which the relocatees acquired the replacement property is recorded in the office of the County Recorder of Deeds.<br /> <br /> The claim form must be completed in the following manner.<br /> <br /> '''Section Headed &quot;Subject Property&quot;'''<br /> <br /> In the spaces provided to show &quot;Date Purchased&quot; and &quot;Date Occupied&quot; by relocatee - show day, month and year.<br /> <br /> '''Section Headed &quot;Replacement Property&quot;'''<br /> <br /> Show actual date (day, month and year) that replacement was purchased and date occupied. If a new house was constructed on the owner's remainder, the date purchased would relate to the land and would be the same date shown for the subject parcel. If a new house was constructed on a replacement site, show the date that the site was acquired. The last two sentences would apply in principle if the owners retained and moved their subject dwelling. In every instance, show the actual date that the replacement was occupied regardless of whether it was purchased built or moved.<br /> <br /> On the last line in this section, write the new telephone number of the relocatees, provide the name of the person from whom the relocatee acquired the replacement and the name of the real estate firm or broker, if any, who handled the sale.<br /> <br /> In the first space in the section headed &quot;Computations on Line No. 1&quot; show the asking/listing price of the most nearly comparable replacement property available as computed on the Replacement Housing Comparison Record, RA Form 236.8.8.3(b), or, when applicable, as based on the estimated cost of building a new house. This space will always contain the replacement housing cost on which the department's RHP offer was based.<br /> <br /> In the second space of line no. 1 show the relocatees' actual cost in obtaining their replacement property.<br /> <br /> If the total acquisition of a normal-sized residential property is involved or if only a portion of a carved out residential land area was acquired as right of way, both spaces of line no. 2 must reflect the right of way payment for the relocatees' residential property. If the claim involves an unsettled condemnation case, show the portion of the condemnation commissioners' award that is chargeable to the '''residential property''' as discussed in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(d)]], Consider the following points when determining the amount to be shown in the subject two spaces:<br /> <br /> :(1) Do not include any portion of the right of way payment that is chargeable to other lands or improvements included in the acquisition, include only the portion of the payment that is chargeable to the residential property.<br /> <br /> :(2) If the relocatee retains salvage rights to any item that was considered to be a part of the residential real property, add the approved salvage value of such items as determined in the appraisal review process to the cash consideration shown in the right of way deed and show the resulting total in the subject spaces as the &quot;right of way payment made by the department for the residential improvements and supporting land.&quot;<br /> <br /> If the partial acquisition of a '''normal-sized''' residential property is involved, the amount paid for the parcel including damages and remnants will be shown in both spaces on the second line.<br /> <br /> Subtract the amounts shown on the second line from the amounts shown on the first and enter the results (differences) in the appropriate spaces on the third line.<br /> <br /> Lines 3 thru 13, with the following explanation, are considered to be self-explanatory.<br /> <br /> After receiving a rental subsidy payment, owners can purchase and occupy a DS&amp;S replacement within the one-year period authorized for such action and claim a RHP. When this happens, the rental subsidy payment must be deducted from the RHP. The space entitled &quot;Less Previous Rental Subsidy Payment&quot; is provided for this deduction.<br /> <br /> Be sure that all required documents are attached to the original claim. These documents must be checked to see that they adequately support the claim.<br /> <br /> Each box in the &quot;checklist&quot; on the back of the form must be checked, indicating an affirmative answer, or, when applicable, marked &quot;N/A.&quot; The item entitled &quot;Farm Home Replacement Built On Subject Farm As Required&quot; relates to those cases where a RHP is being based on new house construction to enable the owners to continue living on their farm unit.<br /> <br /> '''NOTE A: Advance RHP Claims'''<br /> <br /> Complete the claim form in the routine manner, as if the replacement dwelling had been purchased and occupied, with the following exceptions.<br /> <br /> :1. Under the section of the claim headed &quot;Replacement Property,&quot; insert the words &quot;See Comments&quot; in the spaces provided to show &quot;Date Purchased&quot; and &quot;Date Occupied.&quot;<br /> <br /> :2. In the second space of line no. 1 under the &quot;Computations&quot; section, show the agreed purchase price that is being paid for the replacement dwelling.<br /> <br /> :3. On the lines relating to increased interest payments and incidental closing costs, insert either the words &quot;to be claimed later,&quot; &quot;N/A,&quot; or the actual amount being claimed.<br /> <br /> :4. Check all applicable &quot;boxes&quot; on the back of the claim form. The &quot;check points&quot; which have not been complied with to date must be marked &quot;See Comments.&quot;<br /> <br /> :5. Under &quot;Comments&quot; explain &quot;This claim covers an advance RHP. All additional required documentation will be obtained and all remaining payment eligibility requirements will be complied with before the payment is released by the Escrow Agent.&quot; The district '''must''' be very sure that these commitments are fulfilled before the Escrow Agent is authorized to release the payment to the relocatee.<br /> <br /> When an Escrow Agreement is used, list the payee on the back of the claim form in the following manner:<br /> <br /> &quot;('''Escrow Agent's name''') Escrow Agent for ('''list all relocatees who signed claim''')&quot;. The claim payment check should reflect the payees in the same manner.<br /> <br /> After the replacement property has been purchased and occupied by the relocatees and the RHP delivered to them by the Escrow Agent, a signed receipt will be available for the file as required in the Escrow Agreement.<br /> <br /> Advance claims submitted under the escrow provision must be accompanied by a copy of the executed &quot;Replacement Housing Escrow Agreement&quot; when forwarded to the Right of Way Section for payment.<br /> <br /> '''NOTE B: Advance Incidental Closing and/or Increased Interest Payment Claims--Nil RHP'''<br /> <br /> Replacement Housing RA Claim [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Claim%20Form%20236.8.8.4.B.pdf Form 236.8.8.4(b)], must be used in the following manner when claiming incidental closing costs and/or increased interest payments made in advance of final settlement of condemnation. Both payments must be included on the same claim form.<br /> <br /> :1. Under the section headed &quot;Computations&quot; complete only spaces relating to the type of payments involved and to total amounts due. Mark the other spaces in this section &quot;N/A.&quot;<br /> <br /> :2. Under &quot;Comments&quot; explain that &quot;RHP&quot; based on condemnation commissioners' award is &quot;zero,&quot; this claim therefore covers only incidental closing costs increased interest payments or both.<br /> <br /> '''NOTE C: Direct Payment to Grantor (Seller) of Replacement Dwelling'''<br /> <br /> The basic RHP, which excludes incidental closing costs and increased interest payments, will be made directly to the seller of the replacement dwelling '''if''' the relocatee (buyer) specifically requests such action in writing.<br /> <br /> The relocatees' written request for direct payment to the seller must (1) clearly state their desire, (2) name the specific persons to whom they want the check made payable, (3) include a statement that the parties named are the sellers of the dwelling they are acquiring to replace the dwelling from which they are being displaced by the department, (4) that the payment is being applied to the purchase price of their replacement dwelling, and (5) that they take full responsibility for the completeness and accuracy of the seller's names and that they fully understand and agree that the department will not be responsible for the omission of any person from the payment who has an interest in the replacement property.<br /> <br /> When direct payment to the seller is involved, the relocatees must file two RA Claim Form 236.8.8.4(b) - one for the basic RHP and the other for incidental closing costs and their increased interest payment.<br /> <br /> The front of the replacement housing claim in which the basic RHP is being claimed should be completed and executed by the relocatees in the routine manner except it will not include incidental closing or increased interest payments. Insert &quot;See Comments&quot; in the spaces relating to incidental and increased interest payments. The district must show the persons to whom the check is to be made payable in the appropriate space at the top of the back side of the form. Under comments, explain that the payment is being made to the seller of the replacement dwelling as requested by the relocatees and that any applicable incidental closing costs and increased interest payment will be claimed on a separate claim form. Attach a copy of the relocatees' written request for direct payment to each copy of the claim form - those submitted with the payroll and the copy retained in the unit file.<br /> <br /> The relocatees must execute the claim for incidental closing costs and the increased interest payment in the routine manner. It will not be necessary to complete the portions of the form which provide information relating to the subject and replacement properties as this information will be provided on the claim for the RHP. Only the spaces relating to Incidental Closing Costs, Increased Interest Payment and Total Payment Due should be completed in the Computations Section. Insert &quot;See Comments&quot; in the second space on the first line under this section; all other nonapplicable spaces can be marked N/A. Under comments on the back of the form explain (1) that the RHP was made directly to the grantor of the replacement dwelling in response to a separate claim, as requested by the relocatees, and (2) that the required information relating to the subject and replacement dwellings was provided on the claim for the RHP.<br /> <br /> ==236.8.9 Relocation Assistance Program - Incidental Closing Costs==<br /> <br /> The incidental closing cost payment is the amount necessary to reimburse qualified relocatees for the actual and reasonable costs incurred by them incident to the purchase of their '''replacement dwelling'''.<br /> <br /> '''(a) Reimbursable incidental closing costs may include the following items if the amounts involved are reasonable and if such costs are normally paid by the buyer'''.<br /> <br /> :1. legal, closing and related costs including title search, preparing conveyance contracts, notary fees, surveys, preparing drawings or plats, and charges incident to recordation,<br /> <br /> :2. lender, FHA or VA appraisal fees,<br /> <br /> :3. lender, FHA or VA application fees,<br /> <br /> :4. certificate of structural soundness and termite inspection when required (the cost of termite extermination and/or treatment is not reimbursable).<br /> <br /> :5. credit report,<br /> <br /> :6. title insurance or abstract of title, not to exceed the costs that would have been involved in the purchase of the selected comparable on which the RHP offer was based,<br /> <br /> :7. Escrow Agent's fee,<br /> <br /> :8. sales or transfer tax (not to exceed the costs for a comparable replacement dwelling),<br /> <br /> :9. loan origination or assumption fees that do not represent prepaid interest. (Limited to subject property mortgage(s) balance(s)) other costs that the district and Right of Way Section agree are incidental to the purchase including a Professional Home Inspection.<br /> <br /> '''(b) Incidental closing costs must not include any prepaid expenses; for example, prepaid taxes, prepaid insurance, or prepaid interest'''.<br /> <br /> When 90-Day owner-occupants are displaced, the costs incurred in securing mortgage financing in cases where there is no mortgage on the property acquired and any additional costs in securing a larger mortgage on the replacement dwelling than existed on the acquired property are '''not''' reimbursable. Appraisal fees and survey fees may, however, be reimbursable. In determining which closing costs are reimbursable to a relocatee, under the above instructions, make the following assumptions:<br /> <br /> :1. That the reasonable cost of transferring a mortgage when an existing mortgage on a replacement property is assumed by a relocatee in the purchase of such property is eligible for reimbursement as incidental closing costs.<br /> <br /> :2. Reasonable refinancing expenses paid by relocatees who retain and move their existing dwellings to their remaining land, or who build replacement dwellings on their remaining properties, which would otherwise qualify as reimbursable incidental closing costs, can be included in the relocatees' claim.<br /> <br /> :3. That relocatees who move to and occupy a DS&amp;S replacement dwelling they owned prior to the initiation of negotiations on the project can claim reimbursement for routine eligible closing costs they experienced at the time they purchased the replacement.<br /> <br /> :4. That any closing cost which is made a part of the indebtedness and therefore not paid at the time of closing '''cannot''' be included as an eligible incidental closing cost.<br /> <br /> :5. One-time lump-sum mortgage default insurance premiums paid by the relocatee are reimbursable closing costs. For 90-Day owners reimbursement must be limited to the actual amount of the insurance payment or to the insurance payment that would have been required to cover a loan equal to the remaining balance of the relocatees' existing mortgage, whichever is the lesser. Mortgage insurance designed to pay off the outstanding balance of a mortgage upon death of the borrower is '''not''' reimbursable.<br /> <br /> If the closing statement provided by a real estate firm handling a transaction in which a relocatee acquires a replacement dwelling reflects a lump sum charge made by the lending agency; or if the Truth in Lending Statement includes closing costs as a lump sum, it will be necessary to also obtain a &quot;loan closing statement,&quot; or in some other manner, identify and itemize the separate charges involved.<br /> <br /> '''NOTE A: Loan Service Fees and Points'''<br /> <br /> Finance charges such as loan origination fees, loan service fees and points can be included in increased interest and down payment assistance. Procedures for paying such fees and costs are discussed in [[236.8 Relocation Assistance Program#236.8.10.3 Payment Computations|EPG 236.8.10.3(e)(1)]], and [[236.8 Relocation Assistance Program#236.8.12.3 Payment Computations|236.8.12.3]], that relate to increased interest and down payment assistance.<br /> <br /> If relocatees are eligible for '''a RHP based on &quot;new house construction''',&quot; they can claim reimbursement for expenditures they experience in obtaining a temporary construction loan as a part of their closing costs. The interest and/or incidental closing cost paid on temporary construction loans '''is not''' reimbursable when a DS&amp;S comparable replacement was available to relocatees who built their replacement by choice.<br /> <br /> The costs of obtaining a short-term loan obtained to cover the period while a relocation payment is being processed is not reimbursable.<br /> <br /> ===236.8.9.1 Payment Eligibility Requirements===<br /> <br /> Any relocatee who meets the eligibility requirements for either a RHP as discussed in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2]], or down payment assistance as discussed in [[236.8 Relocation Assistance Program#236.8.12.2 Payment Eligibility Requirements|EPG 236.8.12.2]], is also entitled to an incidental closing cost payment.<br /> <br /> ===236.8.9.2 Claim Forms===<br /> <br /> If the relocatees' eligibility for an incidental closing cost payment is based on their eligibility for a RHP, incidental closing costs must be included in their Replacement Housing Claim. If their eligibility for the closing cost payment is based on their eligibility for down payment assistance, the incidental closing costs must be included in their Down Payment Assistance Claim.<br /> <br /> '''(a) Instructions When Incidental Closing Costs Included With Replacement Housing Claim'''<br /> <br /> Space is included under the &quot;Computations&quot; section of Replacement Housing Claim [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Claim%20Form%20236.8.8.4.B.pdf Form 236.8.8.4(b)], on the sixth through tenth lines to include incidental closing costs.<br /> <br /> The ninth line is provided to include any other reimbursable incidental costs that do not fit into a category named on one of the preceding lines. Identify the incidental expenditures included on this line and show the total cost thereof in the blank space.<br /> <br /> The tenth line should include the totals of the previous four lines which is the total amount being claimed as incidental closing costs.<br /> <br /> All incidental closing costs claimed must be documented, either specifically set out on a closing statement attached to the original claim or by attached paid receipts.<br /> <br /> :'''(1) &quot;Nil&quot; RHP Due'''<br /> <br /> :If a &quot;nil&quot; RHP is involved, complete the heading of the claim form and the first two sections in the routine manner. Also complete the first two lines in the &quot;Computations&quot; section of the claim form in the routine manner and write &quot;nil&quot; in the two spaces on the third line and in the space on the fourth line. If an increased interest payment is applicable, show it in the space on the fifth line and complete the form accordingly. If an increased interest payment is not involved, write &quot;nil&quot; in this space and complete the form. Previously paid rental subsidy payments are always deducted from any payment computed on a Replacement Housing Claim Form. Incidental closing costs will not normally be paid separately from RHPs; both should be included on the same claim form. See NOTE A at the end of [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(d)]], if the subject was acquired by condemnation.<br /> <br /> :'''(2) Multiple Occupancy of Same Single - Family Dwelling Unit'''<br /> <br /> :Review [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(7)]] If a pro rata RHP is involved. Review [[236.8 Relocation Assistance Program#236.8.12.3 Payment Computations|EPG 236.8.12.3(1)]] if a pro rata down payment assistance is involved.<br /> <br /> :When two or more individuals and/or families occupy the same single-family dwelling unit are '''forced''' to separate after displacement because a replacement unit is not available which will house all parties involved, '''each''' eligible individual and/or family that purchases a DS&amp;S replacement dwelling will be entitled to a separate incidental closing cost payment based on the actual and reasonable closing costs the separate party experiences in purchasing its replacement dwelling.<br /> <br /> :Individuals and/or families who purchase and occupy separate replacement dwellings '''by choice''' are entitled to a pro rata incidental closing cost payment. Apply the following steps when determining the pro rata amount each separate party is entitled to receive as an incidental closing cost payment:<br /> <br /> :'''Step 1''': Determine the total applicable and reasonable incidental closing cost expenditure made on the purchase of a DS&amp;S replacement dwelling by the particular family (or individual) whose payment is being computed.<br /> <br /> :'''Step 2''': Determine the subject family's or individual's interest in the dwelling being acquired by the department in relation to the interests of the other families or individuals who jointly occupied the subject unit.<br /> <br /> :'''Step 3''': If the interests of all families or individuals involved are equal, determine the pro rata payment amount by dividing the total incidental closing cost expenditure of the individual and/or family whose payment is being computed by the total number of families or individuals who occupied the subject unit. If the various individuals and/or families had different degrees of interest in the subject dwelling, arrive at the pro rata payment by dividing the applicable incidental closing cost expenditure of the individual and/or family whose payment is being computed by the fractional interest that particular individual and/or family had in the subject property.<br /> <br /> :'''(3) Advance RHP Involved'''<br /> <br /> :Incidental closing costs cannot normally be included on advance replacement housing claims. Incidental costs must be submitted on a separate Replacement Housing Claim Form after the closing has occurred and after all applicable expenditures have been made.<br /> <br /> :The &quot;second&quot; replacement housing claim submitted for the purpose of claiming available incidental closing costs must be completed as if it was an original claim that includes the RHP, incidental closing costs and increased interest payment, from the beginning of the form to, but not including, the line under the &quot;Computations&quot; section headed &quot;TOTAL PAYMENT DUE.&quot; The fact that an advance RHP has been made will not affect either the computations or the manner in which the form is filled out to this point.<br /> <br /> :Change &quot;less previous rental subsidy payment&quot; to read &quot;less advance payments&quot; immediately preceding the above-mentioned line headed &quot;TOTAL PAYMENT DUE.&quot; Show the balance '''due''' on the existing line headed &quot;TOTAL PAYMENT DUE.&quot;<br /> <br /> :If the total balance due on the second claim, when added to the previously paid advance RHP, exceeds $31,000, see NOTE A in [[236.8 Relocation Assistance Program#236.8.8.1 General Policy|EPG 236.8.8.1]].<br /> <br /> :The &quot;second claim&quot; '''must''' include the total incidental closing costs the relocatee is qualified to receive. Additional claims will not be submitted for incidental closing costs.<br /> <br /> '''(b) Instructions When Incidental Closing Costs Included With Down Payment Claim'''<br /> <br /> Space is also included in Down Payment RA Claim [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Down%20Payment%20Claim%20Form%20236.8.12.5.pdf Form 236.8.12.5], under the &quot;Computations&quot; section, to enable a relocatee to include applicable incidental closing costs thereon.<br /> <br /> The information contained in the second, third, fourth and fifth paragraphs of preceding subparagraph (a) also apply when completing this form.<br /> <br /> There will be instances when down payments are processed and paid into escrow prior to the actual purchase of the replacement and prior to the time all applicable incidental expenditures have been made. When this occurs, '''do not''' include any incidental costs in the &quot;advance&quot; down payment claim. Submit a separate claim for incidentals on a down payment claim form after the closing has occurred and all expenditures completed. Place a note on the back of the claim form under &quot;Comments&quot; advising that the down payment had been previously claimed in advance of the closing.<br /> <br /> Be sure that the total of the &quot;advance&quot; down payment plus the incidental closing costs being claimed in the subject claim does not exceed the maximum payment that the relocatee is entitled to receive. If the total of the two payments does exceed the amount the relocatee is entitled to receive, adjust the incidental closing cost payment downward as necessary.<br /> <br /> If the incidental closing cost claim amount is adjusted, provide an explanation on the back of the claim form giving both the reason why and how the adjusted amount was established.<br /> <br /> In every instance when incidental closing costs are being claimed, after an &quot;advance&quot; down payment has been made, complete the claim form from its beginning through the line headed &quot;less previous rental subsidy payment&quot; as if an original claim including both a down payment and incidental closing costs were being prepared. Strike the existing wording on the above-referenced line relating to a previous rental subsidy payment and insert &quot;Less Previously Paid Advance Down Payment.&quot; If a previously paid rental subsidy payment is also involved, it will be necessary to add a line on the claim form for the purpose of deducting the previous down payment in lieu of changing the referenced line. The revised line will reflect the previously paid advance down payment and the next line will reflect the additional payment due on the subject claim, which will be the difference between the amounts on the previous two lines.<br /> <br /> '''(c) Relocatee Purchases Replacement in Partnership With Other Parties'''<br /> <br /> If qualified relocatees purchase their replacement dwelling in partnership with other parties who did not also own an interest in, and/or occupy the subject, their incidental closing cost payment will be limited to the portion of such costs which were their normal obligation to pay; in all probability the loan origination fee will be the only cost that will need to be prorated.<br /> <br /> '''(d) RHP Direct to Seller of Replacement Dwelling'''<br /> <br /> If the basic RHP was made directly to the seller of the replacement dwelling, see NOTE C, at the end of [[236.8 Relocation Assistance Program#236.8.8.4 RHP Claims|EPG 236.8.8.4(b)]]. If down payments made directly to sellers include incidental closing costs, no separate claim is necessary.<br /> <br /> ==236.8.10 Relocation Assistance Program - Increased Interest Payments==<br /> <br /> ===236.8.10.1 General===<br /> <br /> Increased interest payments are available to eligible displaced 90-Day owner-occupants of residential property. These payments are intended to compensate owners for the additional expense that may be encountered due to a higher interest rate for a new mortgage on a replacement residential property.<br /> <br /> The payment will be the amount that will reduce the balance on a new mortgage to an amount that could be amortized with the same monthly payment for principal and interest as that for the mortgage(s) on the displacement dwelling.<br /> <br /> ===236.8.10.2 Payment Eligibility Requirements===<br /> <br /> To be eligible all of the following conditions must exist.<br /> <br /> :'''(1)''' The relocatee must have been an owner-occupant for more than 90 days prior to the date of the initiation of negotiation or the date of the Notice of Intent to Acquire-Relocation.<br /> <br /> :'''(2)''' The relocatee must have purchased and occupied a suitable replacement dwelling within the prescribed time limits.<br /> <br /> :'''(3)''' The mortgage or contract of sale must be bona fide and have been a valid lien for not less than 90 days prior to the date of negotiations or the date of the Notice of Intent to Acquire-Relocation. All mortgages shall be used to compute the payment.<br /> <br /> :'''(4)''' There must be a mortgage or contract of sale on the replacement dwelling.<br /> <br /> :'''(5)''' Mortgages or similar notes used to purchase mobile homes are mortgages for the purpose of this procedure.<br /> <br /> :'''(6)''' Temporary construction loans and short-term notes covering the period relocation payments are being processed will not be considered on any increased interest computation.<br /> <br /> When a 90-Day owner-occupied residential dwelling is included in a partial acquisition from a larger property and the mortgage holder requires the owners to pay off any part of their existing mortgage they may be eligible for an increased interest payment. Instructions concerning this situation are included later in this section.<br /> <br /> '''NOTE''': If the mortgages on the subject property and/or replacement property are not in the relocatees' name, present all facts to the Right of Way Section in writing and request a decision concerning their eligibility for an increased interest payment. In every case the relocatees must be legally obligated to pay both mortgages involved to be eligible for this type payment.<br /> <br /> ===236.8.10.3 Payment Computations===<br /> <br /> '''(a) When to Compute Payments'''<br /> <br /> Displaced owners must be advised of the estimated amount of this payment and the conditions that must be met to receive it. This must be done as soon as owners provide the necessary information on their existing mortgage to their relocation agent. Displaced owners will receive an eligibility notice which advises them to contact the department immediately after they have signed a contract to purchase their replacement residence to obtain an estimate. The actual payment may be provided at the closing on the replacement residence if requested by the owners. The RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/New%20Mortgage%20Toolbox%20Form%20236.8.10.3.E.1.pdf Form 236.8.10.3(e)(1)], input sheet and the [[media:RW Mortgage Analyzer1.xls|&quot;New Mortgage Tool Box&quot;]] computer program should be used to calculate this estimate and the actual payment. In order for the &quot;New Mortgage Tool Box&quot; to function, the user must perform the following steps to enable the macros to run:<br /> <br /> ::1) Go to the &quot;Options&quot; box of the files Main Menu page;<br /> <br /> ::2) a Security Alert box will open. Click &quot;Enable this content&quot;<br /> <br /> ::3) Then hit &quot;OK&quot; at the bottom of the Security Alert box. <br /> <br /> '''(b) Payments Computed By Whom'''<br /> <br /> Any qualified member of the district right of way staff is authorized to compute increased interest payments. The payment should be computed by one staff member and checked for accuracy by another.<br /> <br /> '''(c) General Explanation of Payment Amounts'''<br /> <br /> Relocatees are entitled to an increased interest payment if the interest rate applicable to the mortgage on their replacement property has been increased above the rate charged on the mortgage on their existing residential property. Increased interest payment computations are based on the remaining term of the existing mortgage or on the actual term of the new mortgage, whichever is the lesser, and on the unpaid balance of the existing mortgage or on the actual amount of the new mortgage, whichever is the lesser.<br /> <br /> The relocatees are also entitled to reimbursement for the actual amount '''they''' paid as &quot;points&quot; on the amount refinanced and for any amount '''paid by them''' as an origination or service fee; '''however''', reimbursement for points and origination or service fees cannot exceed the amount normally charged as points and fees in the area where the replacement dwelling is located based on the original mortgage balance on the subject residential property.<br /> <br /> '''NOTE''': Increased interest payments exclusive of points and fees cannot exceed the amount of the new mortgage on the replacement dwelling or the unpaid balance of the existing mortgage on the dwelling acquired as right of way.<br /> <br /> '''(d) Conditions Concerning &quot;New Mortgage&quot;'''<br /> <br /> :'''(1)''' The interest rate applicable to the replacement dwelling, to be used in the increased interest payment computations, shall be the actual rate of the new mortgage or the prevailing interest rate currently being charged by mortgage lending institutions in the area where the replacement is located, whichever is the lesser. In no case, unless both the subject dwelling and replacement dwelling are mobile homes, can the &quot;new mortgage&quot; interest rate used in the payment computations exceed the maximum interest rate allowed by law for real estate loans in the state where the replacement unit is located. If '''both''' the subject and replacement dwellings are mobile homes, and the &quot;new mortgage&quot; interest rate exceeds the maximum rate permitted by state law for real estate loans, provide all pertinent facts to the Right of Way Section.<br /> <br /> :The rate in effect on the existing mortgage when the subject property was acquired will be used in increased interest computations.<br /> <br /> :'''(2)''' The prevailing interest rates currently being charged by mortgage institutions in the project area must be established. The unit file must be documented to show how the prevailing rates were determined.<br /> <br /> '''(e) Payment Computation Procedures''' ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/New%20Mortgage%20Toolbox%20Form%20236.8.10.3.E.1.pdf RA Form 236.8.10.3(e)(1)])<br /> <br /> Increased interest payment computations are based on the remaining term of the existing mortgage on the subject dwelling or on the actual term of the new mortgage on the replacement dwelling, whichever is the lesser, and on the unpaid balance of the existing mortgage or on the actual amount of the new mortgage, whichever is the lesser.<br /> <br /> :'''(1) New Mortgage Tool Box Input Sheet (RA Form 236.8.10.3(e)(1)).'''<br /> <br /> :This form has been designed for use in computing all increased interest estimates and payments. By completing the blanks on the input sheet and following the instructions on the computer screen amounts can be accurately computed.<br /> <br /> :Relocatees must provide district personnel with the following documents:<br /> <br /> ::'''(I)''' for estimates or payments, a copy of all Notes and Deeds of Trust and current payoff amounts on existing mortgages on subject property,<br /> <br /> ::'''(II)''' for payments, a copy of the loan application and commitment,<br /> <br /> ::'''(III)''' for payments, a copy of all Notes and Deeds of Trust on new mortgages, replacement property,<br /> <br /> ::'''(IV)''' for payments, a copy of estimated closing costs, <br /> <br /> ::'''(V)''' for payments, a copy of the closing statement covering the replacement property purchase which clearly reflects any origination or loan service fees and/or any &quot;points&quot; paid by the relocatee.<br /> <br /> :Use Section A of the input form for estimates and Section B for actual payment computations.<br /> <br /> :As soon as the computations are completed, the relocatee should be provided two copies of all &quot;Increased Interest Computations,&quot; one for their file and the other for attachment to their replacement housing claim.<br /> <br /> :'''(2) Acquisition Includes Residential Property Plus Other Lands'''<br /> <br /> :When the subject dwelling is located on a parcel that is larger in size than a normal residential building lot in the area, the unpaid balance of the existing mortgage to be used must be reduced to the percentage ratio that the value of the residential property bears to the total value of the entire parcel. Instructions in the following subparagraphs explain how such percentage ratio is determined.<br /> <br /> :It is assumed that the existing mortgage encumbers the entire parcel including both the designated residential property and the other lands. Should the existing mortgage cover only the residential property, ignore the other lands and compute the payments in the normal manner.<br /> <br /> ::'''Step 1''': Determine the total value of the entire property as established by the appraisal process. The conclusion should be based on the appraisal upon which the final approved negotiating offer was based.<br /> <br /> ::'''Step 2''': Determine what amount of the total property value established in Step 1 is chargeable to the residential property. Apply the principles discussed in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(2)]], in making this determination.<br /> <br /> ::Use the designated value of the residential property as previously established when the relocatees' RHP '''offer''' was computed.<br /> <br /> ::'''Step 3''': Determine the percentage ratio of the assigned value of the residential property to the total value of the entire property. Divide the assigned value of the residential property as determined in Step 2 by the total value of the entire parcel as established in Step 1. Round to the second decimal point.<br /> <br /> ::'''Step 4''': Apply the percentage ratio from Step 3 to the total remaining unpaid balance and principle and interest payment of the existing mortgage on the subject parcel.<br /> <br /> '''NOTE''': If the portion of the unpaid mortgage balance that is chargeable to the residential property exceeds the portion of the total property value that is chargeable to such residential property, the increased interest payment must be computed according to instructions in Situation C in following subparagraph (5).<br /> <br /> ::'''Step 5''': Use the figures arrived at in above Step 4 on Input Sheet and compute the relocatees' increased interest payment by completing the computation sheet in the routine manner.<br /> <br /> :'''(3) Partial Acquisition of Residential Property Plus Other Lands'''<br /> <br /> :If the relocatees are required to pay off their entire existing mortgage balance due to the right of way acquisition, compute the increased interest payment by applying the procedure discussed in preceding subparagraph (2).<br /> <br /> :Should the lender require that only a portion, or none, of the existing mortgage balance be paid off as a result of the acquisition or if the relocatees paid off the entire existing balance by choice, the increased interest payment will be computed in the following manner:<br /> <br /> ::'''Step 1''': Determine the before value of the entire property as established in the appraisal process. This conclusion should be based on the appraisal upon which the final approved negotiating figure was based. Follow the principles discussed in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(2)]], for prorating right of way offers in making this determination as well as the determination required in following Step 2.<br /> <br /> ::'''Step 2''': Request the appraiser to determine the portion of the total right of way offer exclusive of administrative adjustments that is chargeable to the residential property including damages to the remainder of the residential property.<br /> <br /> ::'''Step 3''': Divide the amount from Step 2 by the total value established in Step l.<br /> <br /> ::'''Step 4''': Apply the percentage ratio from Step 3 to the total unpaid balance and the principle and interest payment of the existing mortgage.<br /> <br /> ::'''Step 5''': Use the amounts arrived at in Step 4 in the Input Sheet and compute the relocatees' increased interest payment in the routine manner.<br /> <br /> :'''(4) Dwelling on Land with Higher and Better Use'''<br /> <br /> :If the subject dwelling is located on a parcel where the fair market value is established on a higher and better than residential use, and if the existing mortgage is based on residential value, the increased interest payment will be computed in the routine manner.<br /> <br /> :If the existing mortgage is based on the higher and better use value, and if the remaining unpaid balance of the existing mortgage exceeds an amount that would be a reasonable loan on the property for residential purposes, request assistance from the Right of Way Section.<br /> <br /> :'''(5) Multi-Use Properties (Joint Use - Residential and Business)'''<br /> <br /> :When a property which includes both an owner-occupied residential dwelling and a business is affected by a right of way acquisition, and the entire parcel is encumbered by a mortgage, the relocatees' increased interest payment will be computed by following whichever of the following procedures is applicable.<br /> <br /> :The definition of &quot;residential property&quot; as used in the preceding subparagraphs may not be fully applicable when this type of multi- use property is involved. For example, it is possible that none of the land area should be included in the residential property. This would be the case when a living quarter is located on the second floor of a building which, together with the entire land area in the parcel, is being used in conducting a business operation. It is therefore proper to use the same living quarters in computing the increased interest payment that was used in computing the relocatees' RHP offer. (Review [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(6)]].)<br /> <br /> ::'''Situation A''': Total Acquisition of Entire Property.<br /> <br /> ::Follow the same procedure explained in preceding subparagraph 2.<br /> <br /> ::'''Situation B''': Entire Acquisition of Residential Property Plus Partial Acquisition of Business Property.<br /> <br /> ::Follow the same procedure explained in preceding subparagraph 2.<br /> <br /> ::'''Situation C''': Partial Acquisition of Residential Property Plus Either Partial or Total Acquisition of Business Property.<br /> <br /> ::Follow the same procedure explained in preceding subparagraph 3.<br /> <br /> :'''(6) Multi-Occupancy of Same Single-Family Dwelling'''<br /> <br /> :The procedures in this subparagraph relate to situations in which two or more relocatees that do not maintain separate households are displaced from the same single-family dwelling that they jointly owned and occupied.<br /> <br /> :Several different sets of circumstances can be encountered when a multi-occupancy of this type is involved. Compute the relocatees' increased interest payment by applying the following procedures.<br /> <br /> :The following procedures are written under the assumption that all relocatees involved are named in the existing mortgage:<br /> <br /> :If a comparable replacement dwelling is available and if they purchase and occupy a single-family replacement dwelling and encumber it with a bona fide mortgage, they will be entitled to '''one''' joint increased interest payment computed in the routine manner.<br /> <br /> :Should the relocatees purchase and occupy different replacement dwellings, the joint payment will be prorated based on their percentage of ownership.<br /> <br /> :'''(7) Replacement Property Includes &quot;Residential Property&quot; Plus Other Lands'''.<br /> <br /> :Under this circumstance, only the portion of the new mortgage on the replacement property that is chargeable to the &quot;residential property&quot; is to be used in the payment computations. Compute the payment in the routine manner discussed in preceding subparagraph (2) '''with the following exception''':<br /> <br /> :A determination will already have been made on the portion of the entire purchase price paid for the replacement property that is chargeable to the residential property. Divide the portion of the purchase price charged to the residential property, as discussed in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(9)]], by the total purchase price to determine the percentage ratio that is to be used in this increased interest payment computation. Apply the resulting percentage ratio to the total amount of the new mortgage and principal and interest payment on the replacement property to determine the portion thereof that is chargeable to the residential property and enter the resulting figures on the input sheet.<br /> <br /> :'''(8) Replacement is a Multi-Use Property (Joint Use--Residential and Business)'''<br /> <br /> :The instructions in subparagraph (5) or (7) are also fully applicable when the replacement is used jointly as a residence and business property.<br /> <br /> :'''(9) Owner Retains and Moves Subject Dwelling'''<br /> <br /> :If 90-Day owner-occupants retain and move their dwelling and encumber it with a new mortgage, they will be eligible for a payment computed in the same manner as if they had purchased a replacement dwelling.<br /> <br /> :'''(10) Owner Builds New Replacement Dwelling'''<br /> <br /> :The same principles apply for computing an increased interest payment under this situation as was discussed in preceding subparagraph (9).<br /> <br /> :'''(11) Life Estates and Lessees Qualified as Owners'''<br /> <br /> :Should a situation be encountered where either the owner of a life estate or lessee may be entitled to a payment of this type, submit all facts in writing to the Right of Way Section and request specific instructions.<br /> <br /> :'''(12) Mobile Homes'''<br /> <br /> :Various combinations of financing may be encountered on mobile homes. If a site and mobile home are financed separately, it will be necessary to compute separate increased interest payments for each. Normally the financing terms existing on the displacement dwelling will set the upper limit on the terms to be used in computations. If questions develop concerning how to compute payments, request assistance from the Right of Way Section.<br /> <br /> :'''(13) Remainder of Subject Parcel Refinanced After Right of Way Acquisition - Partial Acquisition Involved'''<br /> <br /> :If relocatees move their existing dwelling to the remainder of their parcel, consider the mortgage that was in effect at the time of the acquisition as the &quot;existing mortgage on the subject dwelling&quot; and the new mortgage, or second mortgage, as the &quot;new mortgage on the replacement dwelling&quot; when computing the payment.<br /> <br /> :'''(14) Relocatees Assume Existing Mortgage on Replacement Property'''<br /> <br /> :If eligible relocatees assume a mortgage that already existed on the property they purchased as a replacement, consider it as the &quot;new mortgage on the replacement dwelling.&quot; The remaining unpaid balance at the time the mortgage is assumed by the relocatee and its remaining term will be used in computing the payment.<br /> <br /> :'''(15) Relocatees Purchase Replacement in Partnership With Other Parties'''<br /> <br /> :If eligible relocatees purchase their replacement dwelling in partnership with other parties who did not also own an interest in, and occupy the subject, their increased interest payment will not be affected '''if''' the new mortgage does '''not''' include such other parties as mortgagors.<br /> <br /> :If the &quot;other parties&quot; are included as mortgagors in the new mortgage and thereby assume a part of the mortgage payment obligation, the subject relocatees' payment will be limited to the portion of the increased interest costs that will be their obligation to pay.<br /> <br /> :When the latter situation exists, compute the amount that the subject relocatees are entitled to receive as an increased interest payment in the following manner.<br /> <br /> ::'''Step 1''': Compute the routine increased interest payment that would have been due had such other parties not been involved in the normal manner.<br /> <br /> ::'''Step 2''': Determine the percent of ownership that the relocatees acquired in the replacement property.<br /> <br /> ::'''Step 3''': Apply the percentage figure arrived at in Step 2 to the computed increased interest payment arrived at in Step 1 to determine the portion of such payment that the subject relocatees are entitled to be paid.<br /> <br /> ::'''Step 4''': Include the amount arrived at in Step 3 on line 5 of the &quot;Computations&quot; section of the relocatees' RHP claim.<br /> <br /> :The unit file must be documented to reflect and support the above computations.<br /> <br /> :'''(16) Subsidized Interest Rates Involved'''<br /> <br /> :In some instances, for example, when an &quot;FHA 235&quot; loan is involved, a part of the relocatees' mortgage interest payment will be subsidized by a governmental agency. If so, request increased interest computations from the Right of Way Section.<br /> <br /> :'''(17) Mortgages Due &quot;On Demand&quot; - No Payment Schedule or Loan Term Shown'''<br /> <br /> :If one of the mortgages involved is due on demand, no payment schedule or loan term will normally be provided. As a consequence, it will not be possible to determine the remaining term of that mortgage.<br /> <br /> :When this situation is encountered, the relocatees' increased interest payment will, WITH THE FOLLOWING EXCEPTIONS, be computed in the routine manner.<br /> <br /> ::'''Exception 1''': If the existing mortgage on the subject property is due on demand, the payment will be computed on the term of the new mortgage on the replacement.<br /> <br /> ::'''Exception 2''': If the new mortgage on the replacement property is due on demand, the payment will be computed on the basis of the remaining term of the existing mortgage.<br /> <br /> :If both the existing mortgage on the subject property and the new mortgage on the replacement are due on demand with no loan term shown, it will not be possible to compute an increased interest payment and it will not be possible for the department to make an increased interest payment to the relocatees involved. The relocatees could be reimbursed for the points and origination or service fees they paid in obtaining their new mortgage, subject to the maximum payment limitation discussed in EPG 236.8.10.3(c), for points and fees.<br /> <br /> :'''(18) Mortgagee (Lender) Has Right to Adjust Mortgage Interest Rate'''<br /> <br /> :Mortgages sometimes give the lender the right to adjust the interest rate at a later date. If the existing mortgage on the subject property contains this provision, use the interest rate and balance that was in effect at the time the property was acquired by the department when computing the increased interest payment. Advise the Right of Way Section, prior to making any commitment to the relocatees, of any interest rate adjustment that is made after the initiation of negotiations for the subject parcel if the adjustment increases the amount of the relocatees' increased interest payment.<br /> <br /> :If the new mortgage on the replacement property contains this provision, use the original interest rate that was in effect at the time the mortgage was made. Do not consider adjustments made between the time the new mortgage was made and the time the increased interest payment is claimed without specific concurrence from the Right of Way Section.<br /> <br /> :'''(19) Displaced Owner Occupies Previously Owned Dwelling Unit as Replacement'''<br /> <br /> :Otherwise eligible relocatees will not be entitled to an increased interest payment if they move to a dwelling they previously owned, as discussed in [[236.8 Relocation Assistance Program#236.8.8.2 Payment Eligibility Requirements|EPG 236.8.8.2(g)]], even though they place a new loan, or refinance an existing loan, on the replacement unless the funds from such loan or refinancing are used to make necessary decent, safe and sanitary improvements to the property. Only the portion of the new or refinanced loan that is used to make the necessary DS&amp;S improvements will be used in the Interest Computation. Reimbursement for points and origination or service fees will be limited accordingly.<br /> <br /> :'''(20) Mortgage Payment Made on Other Than Monthly Basis'''<br /> <br /> :Contact the Right of Way Section for guidance.<br /> <br /> :'''(21) Two or More Mortgages on Same Property'''<br /> <br /> :Same as preceding subparagraph (20).<br /> <br /> :'''(22) Graduated Mortgage Payments'''<br /> <br /> :Same as preceding subparagraph (20).<br /> <br /> ===236.8.10.4 Advanced Increased Interest Payments===<br /> <br /> Do not attempt to compute the increased interest payment until the unpaid balance and remaining term of the existing mortgage on the displacement dwelling can be firmly established.<br /> <br /> :'''(a)''' The relocatees must select a replacement dwelling, sign a contract to purchase it, obtain a loan commitment from agency which will finance the purchase, then notify the relocation agent that these actions have been accomplished.<br /> <br /> :Information provided by the relocatees must be confirmed by the lending agency.<br /> <br /> :The relocation agent should then compute the increased interest payment.<br /> <br /> :'''(b)''' Advance increased interest payments are to be claimed on the RA Claim [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Replacement%20Housing%20Claim%20Form%20236.8.8.4.B.pdf Form 236.8.8.4(b)]. Complete the claim form in the normal manner, as if the replacement dwelling had been purchased, occupied and encumbered with a bona fide mortgage with the following exceptions:<br /> <br /> ::'''(1)''' Under the section of the claim headed &quot;Replacement Property,&quot; insert the words &quot;see comments&quot; in the spaces provided to show &quot;Date Purchased&quot; and &quot;Date Occupied.&quot;<br /> <br /> ::'''(2)''' In the second space on the first line under the &quot;Computations&quot; section, show the agreed purchase price that is being paid for the replacement dwelling.<br /> <br /> ::'''(3)''' On the lines relating to incidental closing costs, insert the words &quot;to be claimed later.&quot;<br /> <br /> ::'''(4)''' Check all applicable boxes on the back of the claim form. Those which cannot be checked, due to the claim being for an advance payment, should be marked &quot;see comments.&quot;<br /> <br /> ::'''(5)''' Under Comments explain that (1) this is an advance claim, (2) the missing documentation will be obtained and made a part of the unit file, and (3) the omitted information will be included in the claim for incidental closing costs which will be filed at a later date. The district must ensure that such information is obtained and made a part of the unit file.<br /> <br /> :'''(c)''' Advise the relocatees when the relocation payment check is received in the district office so they can arrange for the closing if it has not already been scheduled.<br /> <br /> :'''(d)''' The relocatees must sign two copies of the advance payment agreement. This can be accomplished at any time prior to delivery of the check; however, it is preferable that the agreement be completed at or near the date of closing so that firm deadline dates can be established. Use whichever of the following agreements that is applicable.<br /> <br /> ::'''(1)''' If the advance payment includes both a replacement housing and increased interest payment, use the agreement, [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Advance%20Replacement%20Housing%20and%20Increased%20Interest%20Pmt%20Agreement%20Form%20236.8.10.4.D.1.pdf Advance Replacement Housing and Increased Interest Payment Agreement (Form 236.8.10.4(d)(1))], headed &quot;Advance Replacement Housing and Increased Interest Payment Agreement.&quot; Instructions for completing the agreement are provided on the back of Form 236.8.10.4(d)(1).<br /> <br /> ::'''(2)''' If relocatees who are not entitled to a RHP (nil computation), but are entitled to an increased interest payment and request an advance payment, use the agreement identified as [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Advance%20Increased%20Interest%20Payment%20Agreement%20Form%20236.8.10.4.D.2.pdf Advance Increased Interest Payment Agreement (Form 236.8.10.4(d)(2))]. The instructions for completing Form 236.8.10.4(d)(1) provide adequate guidance for completing this agreement.<br /> <br /> :When only an advance RHP is involved, no advance increased interest payment, continue using the Replacement Housing Possession Agreement, and instructions for its use, as provided in [[236.8 Relocation Assistance Program#236.8.8.1 General Policy|EPG 236.8.8.1(c)]].<br /> <br /> :'''(e)''' An informed department representative should hand-carry the check to the closing. The check can be released as soon as title passes to the relocatees, provided the department representative confirms that the information used in computing the payments and that contained in the advance payment agreements are accurate in relation to the actual transaction.<br /> <br /> :'''(f)''' District personnel must follow through to ensure that terms of the agreement are fully complied with. Should the relocatees default, request instructions from the Right of Way Section for recovering the advance payment.<br /> <br /> ===236.8.10.5 Claim Form===<br /> <br /> '''(a) Included on Replacement Housing Claim Form'''<br /> <br /> The increased interest payment is to be inserted on line 5 under the &quot;Computations&quot; section of the subject relocatees' &quot;Replacement Housing Claim Form&quot; and added to and made a part of the RHP.<br /> <br /> Copies of all applicable &quot;Increased Interest Computation Sheets&quot; must be attached to the claim form submitted by the relocatee to the district office together with the supporting documentation.<br /> <br /> Eligible relocatees can be reimbursed for their loan origination or loan service fees and points even though they are not entitled to an increased interest payment based on higher interest rates. Under this circumstance, the &quot;fees and points&quot; payment '''would be''' shown on line 5 under the &quot;Computations&quot; section of the relocatees' replacement housing claim. A statement should be included under &quot;Comments&quot; on the claim form advising that the amount included in the claim as an increased interest payment covers only reimbursement for loan fees and/or points.<br /> <br /> '''(b) Condemnation Involved'''<br /> <br /> The fact that the subject property was acquired through condemnation has no effect on the increased interest payment. The payment will be claimed on the &quot;Replacement Housing Claim,&quot; regardless of whether the claim is filed before or after the case is finally settled. The increased interest payment amount will not be changed or affected even though the final RHP amount may be adjusted due to the amount of the final right of way settlement.<br /> <br /> '''(c) &quot;Nil&quot; RHP Due'''<br /> <br /> If a &quot;nil&quot; RHP is involved, complete the heading of the claim form and the first two sections in the routine manner. Also complete the first two lines in the &quot;Computations&quot; section of the claim in the routine manner and write &quot;nil&quot; in the two spaces on the third line. Also insert &quot;nil&quot; on line 4.<br /> <br /> Insert the increased interest payment due the relocatees on line 5.<br /> <br /> If incidental closing costs are involved, complete the portion of the claim applicable thereto.<br /> <br /> Add the increased interest payment and the incidental closing costs and reflect the total on the line headed &quot;Total of Above Three Payments.&quot; This amount would be the &quot;Total Amount Due&quot; '''unless''' a previous rental subsidy payment had been made, in which case, that payment would be deducted from the subject payment on line 12. If the balance is &quot;zero&quot; after making the deduction, no additional payment will be made to the relocatee in response to the subject claim.<br /> <br /> ==236.8.11 Relocation Assistance Program-Rental Subsidy Payments==<br /> <br /> ===236.8.11.1 General Policy===<br /> <br /> Individuals and families displaced from dwelling units they have rented and occupied for not less than 90 consecutive days prior to the initiation of negotiations for the parcel, and displaced 90-Day owners who rent rather than purchase replacement housing, are entitled to a rental subsidy payment if they meet the payment eligibility requirements outlined in the following paragraphs.<br /> <br /> When displaced tenants are involved, payments of this type are based either on the increased monthly rental costs above the rental they were paying for the unit acquired that they would have to pay over 42 months for an available comparable DS&amp;S replacement dwelling unit, or the increased rental for 42 months that the tenants actually pay for their replacement dwelling unit, whichever is the lesser.<br /> <br /> For owners who rent rather than purchase replacement dwelling units, the same principle is applied. The payment will be based on either the difference between the economic rental fee of the subject dwelling and the actual rental fee charged for the most nearly comparable DS&amp;S replacement dwelling available, or the difference between the economic rental fee and the actual rental fee paid for the replacement unit, whichever is the lesser.<br /> <br /> Rental subsidy payments cannot normally exceed a maximum of $7,200. The total amount due will be paid in one lump sum '''unless''' the department determines that it should be made in installments.<br /> <br /> ===236.8.11.2 Payment Eligibility Requirements===<br /> <br /> '''(a) Tenants'''<br /> <br /> :'''(1) Prior Occupancy Requirements'''<br /> <br /> :The individual or family being displaced must have rented and legally occupied the subject dwelling unit for at least 90 consecutive days immediately prior to the initiation of negotiations for the property, or if they are provided a &quot;Notice of Intent to Acquire-Relocation&quot; by the department, they must have rented and occupied it for at least 90 consecutive days prior to the date they actually vacated the property '''if''' it was vacated prior to the actual initiation of negotiations.<br /> <br /> :If any doubt exists concerning the actual length of time tenants occupied a subject dwelling, their landlord should confirm the date of occupancy and the file documented accordingly.<br /> <br /> :When an owner-occupied mobile home that is personal property must be removed from a rented site, the '''site occupancy period''' is the controlling factor. The relocatees must have occupied a mobile home on the subject site for the required 90-day period. The relocatees' rental subsidy payment will be based solely on the site rental. If the mobile home is being displaced from a site in a mobile home park, the relocatees' consecutive occupancy of other sites, also within the acquisition during the required 90-day period, can be added to the occupancy period of the subject site when determining if the 90-day occupancy requirement has been met.<br /> <br /> :If both the mobile home and site are rented, the relocatees' rental subsidy payment will be based on the rental fee of a replacement mobile home and site '''if''' they occupied a mobile home on the subject site for the required 90-day period. Consecutive occupancy of other sites that are also being acquired by the department can be considered when determining the relocatees' applicable occupancy period.<br /> <br /> :In determining the applicable occupancy period of a relocatee who is being displaced from a unit in a multi-unit residential complex, it is permissible to consider consecutive occupancy of other units that are also being acquired or demolished by the project.<br /> <br /> :'''(2) Occupancy Required at Initiation of Negotiations'''<br /> <br /> :The tenants must have been in legal occupancy of the subject dwelling unit at the initiation of negotiations for that particular parcel, or if they are provided a &quot;Notice of Intent to Acquire-Relocation,&quot; at the time they receive the notice.<br /> <br /> :Confirmation that tenants actually occupied a subject dwelling unit at the initiation of negotiations should be obtained from their landlord and the file noted unless the relocation agent has firsthand knowledge of this fact through contacts with the tenants.<br /> <br /> :'''(3) Decent, Safe and Sanitary Replacement Must Be Rented and Occupied Within One Year'''<br /> <br /> :The relocatees must rent and occupy a DS&amp;S replacement dwelling within one year after they move from the subject dwelling. Owner-occupants must rent and occupy a DS&amp;S replacement within one year after the later of (1) the date they receive final payment for the displacement dwelling, or (2) the date they move from the displacement dwelling.<br /> <br /> :The preceding one-year time period may, with prior approval from the Right of Way Section, be extended for good cause.<br /> <br /> :'''(4) Replacement Must Meet Decent, Safe and Sanitary Standards'''<br /> <br /> :A relocatee must rent and occupy a replacement dwelling that meets decent, safe and sanitary standards, as defined in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(j)]], to be eligible for a rental subsidy payment.<br /> <br /> '''(b) Long-Term Owners'''<br /> <br /> &quot;Long-term&quot; owner-occupants who are '''eligible''' for a RHP can elect to rent in lieu of purchasing a replacement dwelling unit and qualify for a rental subsidy payment provided that they rent and occupy a DS&amp;S replacement within the required one-year period. <br /> <br /> They are entitled to the full amount of their rental subsidy payment, normally not to exceed the $7,200 maximum allowed for this type payment, except under the provisions of the Last Resort Housing program. Under no circumstances can a rental subsidy payment exceed the amount the relocatees would have received as a RHP. <br /> <br /> If the relocatees later decide to purchase a replacement '''within''' the original one-year period, they can do so and claim a RHP. The amount of any rental subsidy payment previously paid must be deducted from the RHP, incidental closing cost and increased interest payments.<br /> <br /> '''(c) Sleeping Room'''<br /> <br /> Displaced tenants of sleeping rooms who meet the payment eligibility requirements outlined in preceding EPG 236.8.11.2(a), are entitled to a rental subsidy payment.<br /> <br /> '''(d) Deadline For Filing Claims'''<br /> <br /> Rental subsidy payment claims must be filed with the department no later than six months after the expiration of the previously discussed one-year period. This time period can be waived for good cause with concurrence from the Right of Way Section.<br /> <br /> '''(e) Church Parsonages and &quot;Company-Owned&quot; Residential Properties'''<br /> <br /> Relocatees displaced from church-owned parsonages, or from other dwelling units owned by their employers and provided to them without cost, are not entitled to a rental subsidy payment if they are also provided a replacement dwelling unit by their employer, without cost, after the acquisition.<br /> <br /> '''(f) Mobile Homes'''<br /> <br /> :'''(1) Relocatee Owns Subject Mobile Home - Rents Site'''<br /> <br /> :The owner-occupants of a mobile home classified as personal property who rent the site upon which it is located can qualify for a rental subsidy payment covering the '''site only'''.<br /> <br /> :The owner-occupants of a mobile home classified as real estate located on a rented site can be paid a rental subsidy payment based on a replacement rental site if their mobile home was acquired.<br /> <br /> '''NOTE''': A mobile home park entrance fee that '''is not''' refundable to the relocatees can be added to their rental subsidy payment. Reimbursement for these fees '''cannot''' exceed the fee charged by the selected comparable replacement mobile home park that was used in computing the rental subsidy payment offer.<br /> <br /> :Should the owner-occupants sell, rent out or otherwise dispose of the mobile home after the initiation of negotiations or after receipt of a &quot;Notice of Intent to Acquire-Relocation,&quot; they will still be eligible for their computed rental subsidy payment offer.<br /> <br /> :'''(2) Relocatee Rents Subject Mobile Home and Site'''<br /> <br /> :If eligible relocatees rent both the subject mobile home and the site upon which it is located, their rental subsidy payment offer will be based on the rental fee of the most nearly comparable DS&amp;S replacement mobile home and site available, or if more practical, on the rental fee of a conventional DS&amp;S dwelling unit.<br /> <br /> ===236.8.11.3 Computations - Rental Subsidy Payment Offers===<br /> <br /> '''(a) Information Necessary to Compute Rental Subsidy Payment Offers'''<br /> <br /> The following facts must be established prior to the computation of a rental subsidy payment offer.<br /> <br /> :'''(1) Existing Rental Rate'''<br /> <br /> :When a tenant is involved it is necessary to determine the average monthly rental rate that was being paid by the relocatee during the three months immediately prior to the month in which the department initiated negotiations for the subject property or, if a tenant received a Notice of Intent to Acquire-Relocation and vacated the subject unit prior to the initiation of negotiations the average monthly rental rate for the three months immediately prior to the month in which the tenant vacated the subject property, whichever occurred first.<br /> <br /> :The existing rental rate shall include any rent supplements supplied by others (except government subsidies (see EPG 236.8.11.3(9)(b)) when, by law, such supplement is to be discontinued upon vacation of the subject property. If the rental fee was changed during the referenced three-month period, add the rental rates applicable for each month together and divide the total by three to arrive at the average rate. If it appears that the rate was changed without good cause and possibly for the purpose of influencing the amount of the potential rental subsidy payment, advise the Right of Way Section.<br /> <br /> :The relocatees should furnish the department a copy of their lease if available. If not, they should provide copies of current rent receipts to document the amount of the existing rental rate. If neither are available, or if the amount of the existing rental rate is not clearly defined in available documentation, the existing rate should be confirmed by both the tenant and the landlord and the file documented to show that such action was taken. Under the latter circumstance, a signed statement by the department employee who made the determination showing who was contacted, dates of contacts, how made, stated rental fees and other pertinent facts is acceptable.<br /> <br /> :If there are discrepancies in available documentation, use the economic rental fee that is applicable to the subject unit and document the file accordingly.<br /> <br /> '''NOTE''': If the average rental rate in effect during the three-month period discussed in this subparagraph is not truly representative of the actual rental being paid by a relocatee for a subject unit, it will be permissible, with prior written approval from the Right of Way Section, to use another more appropriate time period in determining the proper existing rental rate. If a truly representative existing rental rate cannot be established by using a different time period, obtain authority from the Right of Way Section to use the documented economic rental rate that is applicable to the subject unit.<br /> <br /> :'''(2) Economic Rental Rate'''<br /> <br /> :The term &quot;economic rental&quot; as used herein is the normal monthly rental fee being paid on the open market for similar dwelling units within the area.<br /> <br /> :Determine if the relocatees' existing average monthly rental fee is substantially less than the economic rent applicable to the displacement unit. If so and the displaced tenant pays substantially less than the economic rent applicable to the displacement unit, the economic rent applicable to the unit will be used in the rental supplement payment computations in lieu of the &quot;average monthly rental rate.&quot;<br /> <br /> :Should this policy place an unfair hardship on the relocatee, recommend a different procedure to the Right of Way Section that will produce a more equitable payment. Normally the only exceptions will be (1) when the tenant is enjoying a &quot;favored-tenant&quot; status earned by being an exceptionally good tenant and so recognized by the landlord, and (2) when the existing rent is being subsidized by others who '''by law''' cannot continue the subsidy after relocation.<br /> <br /> :'''(3) Rental Fee Charged For Most Nearly Comparable Replacement Available'''<br /> <br /> :The rental fee for the most nearly comparable DS&amp;S replacement dwelling unit that is available for rent must be established by analyzing comparables in much the same manner as discussed in [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)]], for RHP determinations.<br /> <br /> :The &quot;Rental Subsidy Computation Sheet&quot; ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Rental%20Subsidy%20Offer%20Computation%20Sheet%20Form%20236.8.11.3.B.pdf RA Form 236.8.11.3(b)]), discussed in the next subparagraph, has been designed for use in making this determination.<br /> <br /> :See [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(b)(2)]], concerning &quot;Selection of Comparables,&quot; which is applicable.<br /> <br /> :Relocatees should be offered the same type of replacement unit as that from which they are displaced; however, this is not mandatory if it is not practical to do so if the selected replacement is functionally equivalent to the displacement unit.<br /> <br /> :'''(4) Utility Services Adjustments'''<br /> <br /> :Unless all utilities are provided by the landlord in both the displacement dwelling and in the selected comparable, the estimated average monthly costs of those utilities must be added to the basic monthly cost of the comparable when computing the rental subsidy payment offer. If possible, comparables should be selected which provide the same utilities as the subject dwelling unit.<br /> <br /> :If some or all utilities are furnished in the selected comparable, but were not furnished in the displacement dwelling, the average monthly costs of the utilities must be added to the basic monthly rent of the displacement dwelling when computing the subsidy offer.<br /> <br /> :If the landlord does not provided utilities in either dwelling unit, the rental subsidy offer will be based on monthly rent plus the estimated utility cost on each unit. If the same utilities are provided in both units, use their actual monthly rentals, without utility adjustments, in computing the offer.<br /> <br /> :Utility cost estimates can be determined in one of three ways. Use the procedure that is practical and will produce the most accurate estimate.<br /> <br /> ::'''(a)''' Base the estimate on the actual costs of the utilities of the dwelling units over the past 12-month period. This may be accomplished by reviewing the actual utility bills paid. These costs must be documented in the unit file, preferably by copies of the paid bills. If this is not practical, a written statement by the relocation agent who made the determination, explaining how he/she determined and verified the utility costs can be used.<br /> <br /> ::'''(b)''' In some instances it will not be practical to base the utility estimate on actual costs. In this case, it may be possible to obtain average utility costs from the utility company involved based on unit square footage and number of family members. Some companies make such estimates based on a four-member family occupying a unit with a specified square footage, and then adjust from this &quot;norm&quot; by applying cost factors. This type information is normally provided by the company's customers' sales representatives and/or marketing department.<br /> <br /> ::Utility cost estimates of this type may apply to an entire city or area, and can be used in computing rental subsidy payments therein. These estimates should be reviewed annually, or after rate adjustments, and revised as necessary. A file must be maintained by the district explaining the manner in which the estimate was obtained. Reference can be made to the file when the estimate is used in computing a rental subsidy payment offer.<br /> <br /> ::'''(c)''' If the annual utility costs are known for a unit, it may be practical to estimate the cost of the utility at the other unit by comparing the two units and adjusting the known costs for differences in unit sizes, physical features, appliances, etc.<br /> <br /> :'''(5) Furnishings Provided by Landlord'''<br /> <br /> :The general principles and procedures in preceding subparagraph (4) relating to utilities also apply when furnishings are provided by the landlord in the displacement dwelling, but not in the selected comparable. If reasonably possible, comparables should be selected which provide the same furnishings as the subject dwelling unit. This subparagraph relates to instances when such comparables cannot be located.<br /> <br /> :Furnishings can be provided to the relocatees at the replacement site in whichever of the following two methods that is less costly.<br /> <br /> ::'''(a)''' Rent furnishings comparable in number and quality to those provided by the landlord in the displacement unit from a furniture rental business. Add the monthly rental of the furnishings to the monthly rental of the replacement dwelling unit when computing the rental supplement offer. Refundable deposits on such furniture rentals are not compensable under the Relocation Program.<br /> <br /> ::'''(b)''' If rental furnishings are not available, or if the rental procedure is more expensive over a 42-month period, add the cost of purchasing used furnishings of the type and quality provided in the displacement unit to the rental subsidy offer that will have been computed in the normal manner. Base the cost of furnishings on the actual price quoted by the seller. Document the unit file accordingly. When furnishings are provided in this manner, the entire rental subsidy payment will be charged to appropriate activity, object and subobject codes under the Last Resort Housing program.<br /> <br /> '''(b) Rental Subsidy Computation Sheet (RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Rental%20Subsidy%20Offer%20Computation%20Sheet%20Form%20236.8.11.3.B.pdf Form 236.8.11.3(b)])'''<br /> <br /> A Rental Subsidy Computation Sheet, RA Form 236.8.12.3(b), must be used in computing all rental subsidy payment offers.<br /> <br /> :'''(1) When Prepared'''<br /> <br /> :The computation sheet should be completed during the time appraisals of the subject property are being reviewed or very soon after negotiations are initiated for the property. A written rental subsidy payment offer must be made to eligible relocatees within approximately 40 days after such negotiations are initiated.<br /> <br /> :Once the computation sheet has been completed, and the rental subsidy payment offer established, it is not normally necessary to prepare a second computation sheet, or recompute the original rental subsidy payment offer, unless the relocatee advises, and the district '''agrees''', that no DS&amp;S replacement rental dwelling unit is available for the replacement rental fee that was used in establishing the original offer. This could occur if the unit on which the original offer was based has been rented to someone else and there is no other unit available for the rental fee that was used in computing the original offer.<br /> <br /> :Recomputed rent supplement offers that are less than the original offer can be presented to the relocatees in lieu of the original offer provided that the relocatees would not suffer financial loss, embarrassment or other problems of consequence due to their inability to fulfill previous good faith commitments made in anticipation of receiving the original offer.<br /> <br /> :It is also proper to recompute the rental subsidy payment offer when the most nearly comparable DS&amp;S replacement is more expensive than the subject and later a more nearly comparable DS&amp;S replacement unit has become available, which is less expensive and more comparable to the subject.<br /> <br /> :In every instance, when rental subsidy payment offers are recomputed, the unit file must be documented to explain why such action was taken. Revised offers must be presented to relocatees in writing. Specifically mention that the revised offer cancels the original.<br /> <br /> :'''(2) Preparation--Routine Situations'''<br /> <br /> :The rental subsidy payment offer, not to exceed $7,200, is computed by subtracting the amount arrived at in either (a) or (b) below, from the total amount necessary to rent the most nearly comparable DS&amp;S replacement dwelling unit available for the next 42 months.<br /> <br /> ::'''(a)''' 42 times the average monthly rental paid by the relocatee during the last three months, or<br /> <br /> ::'''(b)''' 42 times the economic monthly rental rate. If the average monthly rental being paid is substantially less than the economic rate, or, if an owner is involved who elects to rent rather than purchase a replacement.<br /> <br /> :The computation sheet, under the routine situation, is to be used as follows.<br /> <br /> :On line 3 of Section 1 check whichever of the three spaces that is applicable.<br /> <br /> :Also, in line 3 show the existing average monthly rental fee for the subject unit.<br /> <br /> :Check the appropriate space(s) on line 4 of Section 1. If '''partial''' utilities are provided, check specific utilities.<br /> <br /> :Line 5 of Section 1 is provided to show whether or not the landlord provides the furnishings. If it is partially furnished by the landlord, describe the items that are provided in the third space, for example, &quot;refrigerator,&quot; &quot;oven,&quot; etc.<br /> <br /> :Mark line 5 &quot;N/A&quot; '''unless''' the economic monthly rental fee for the subject is substantially less than the actual fee shown on line 2; or, an owner-occupant is involved who elected to rent rather than purchase a replacement. If either of these situations exists, show the economic rental rate for the subject unit. See EPG 236.8.11.3(a)(2), for possible exceptions relating to use of the economic rental fee.<br /> <br /> :Lines 6 and 7 of Section 1 relate to the unit occupied by the relocatee prior to displacement. Use the terms &quot;Single-Family Dwelling,&quot; &quot;Duplex,&quot; &quot;Furnished Apartment,&quot; etc. in completing the first space.<br /> <br /> :The three sections provided to describe the most nearly '''comparable''' replacement dwelling units available are to be completed as follows.<br /> <br /> :On the first line in each section use a street address if possible; if not, refer to known landmarks in describing the location, such as distances and directions from highway intersections, named stream crossings, etc. The &quot;distance from subject&quot; can be shown in miles and tenths of miles and can be estimated.<br /> <br /> :The name of the property owner must be shown on the first space of the second line as well as the name of the realtor or real estate firm handling the rental of the replacement, if any, on the second space of the second line.<br /> <br /> :Show the realtor's address in the first space on third line. If a realtor is not involved, show the owner's address. Show the monthly rental fee of the replacement dwelling unit in the second space of the third line.<br /> <br /> :A space has been provided on the back of the form for a narrative comparison of each replacement unit to the subject unit. The narrative must provide a word picture of the important similarities and differences between the two dwelling units.<br /> <br /> :The exterior of replacement rental units used in computing rental subsidy payments and the neighborhood in which they are located must always be visually inspected by the person who computes the payment. An interior inspection is not required when reliable information is available regarding the interior.<br /> <br /> :Comparable replacement dwellings included on the form must be currently available to the relocatee for rent at the time the form is completed. They must also be adequate to meet the needs of the relocatee, DS&amp;S and functionally equivalent or better to the subject unit. A copy of the &quot;Relocatee Needs Questionnaire&quot; must be furnished to the person who will select the comparable replacement dwellings so he/she will be in position to understand the needs of the relocatees and be able to select comparables that are adequate to accommodate them. [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(b)(2)]], provides information that is helpful in determining whether or not a comparable is adequate to accommodate the relocatees.<br /> <br /> :If less than three comparable replacement units are available, document the file and use the number available. If none are available within the area, follow the procedure discussed in following Note A.<br /> <br /> :Before proceeding, it is necessary to select one of the three replacements included on the form as being the most nearly comparable to the subject. Show the number of the selected replacement (1, 2 or 3) in the first space on line 1of the computation section and its monthly rental fee in the second space.<br /> <br /> :Under Computations: Enter the utility services adjustment, as discussed in EPG 236.8.11.3(a)(4), on line 2. This entry must be the total of the estimated average monthly cost of all utilities for the selected comparable.<br /> <br /> :Line 3 is self-explanatory.<br /> <br /> :Check either the first or second space on line 4 to show whether the subjects existing (average) monthly rental from the third space of line 3 of Section 1 or its economic rental from the second space of line 5, same section, is reflected in the second space.<br /> <br /> :On line 5 enter the total of the estimated average monthly cost of all utilities for the subject dwelling unit.<br /> <br /> :Line 6 is self-explanatory.<br /> <br /> :On line 7 enter the average monthly gross family income from all sources excluding food stamps in the first space. In the second space enter 30% of the monthly amount if the amount is classified as “low income” by the U.S. Department of Housing and Urban Development’s Annual Survey of Income Limits for the Public Housing and Section 8 Programs that are updated annually and are available on FHWA’s Web site at [https://www.fhwa.dot.gov/real_estate/policy_guidance/low_income_calculations/ualicex.cfm https://www.fhwa.dot.gov/real_estate/policy_guidance/low_income_calculations/ualicex.cfm]. This income information must be obtained from the needs questionnaire and will normally be based on the previous 12 months. This information must be verified during the ten-day contact with the tenant or at initiation of negotiations for displaced owners. If the displacee is receiving welfare payments designated for shelter and utilities and this amount is less than 30% of gross average monthly household income but pays all of the rent and utilities, the lesser amount should be entered in the second space.<br /> <br /> :If the relocation agent suspects that the income information provided is incorrect, additional information such as tax returns should be requested to verify the income.<br /> <br /> :If the displacee refuses to provide income information after the relocation agent has explained the necessity for it, the agent should inform the displacee that the lack of this information may reduce his or her payment and document the file. Enter N/A in both spaces on line 7.<br /> <br /> :Lines 8 and 9 are self-explanatory.<br /> <br /> :If furnishings as discussed in EPG 236.8.11.3(a)(5), are '''not''' involved, line 10 will be marked &quot;N/A&quot; and the amount on line 9 will be repeated on line 11. The amount on line 11 is the computed rental subsidy payment offer.<br /> <br /> :If the landlord provides '''major''' items of furnishings in the subject dwelling unit, but not in the selected comparable, proceed as follows. Review EPG 236.8.11.3(a)(5).<br /> <br /> :'''If''' the entry on line 9 reflects any amount '''other than''' &quot;zero,&quot; enter the total rental costs or the total cost of purchasing the items, '''whichever is the lesser''' on line 10.<br /> <br /> :'''If''' line 9 reflects a &quot;zero&quot; amount, compute the entry for line 10 on Supplemental Rental Subsidy Computation Sheet, RA [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Supplemental%20Rental%20Subsidy%20Computation%20Form%20236.8.11.3.B.S.pdf Form 236.8.11.3(b)(s)]. (The supplemental computation sheet is considered self-explanatory.) The amount from line 8 on the supplemental computation sheet will be entered on line 10 of the original computation sheet.<br /> <br /> :Add lines 9 and 10 and enter the total on line 11. Line 11 is the rental subsidy payment offer.<br /> <br /> :Should the entry on line 11, computed rental subsidy payment offer, exceed $7,200, see following NOTE A.<br /> <br /> :The form, when properly executed and dated, is then complete.<br /> <br /> '''NOTE A: Computed Payment Exceeds $7,200'''<br /> <br /> If the only comparable DS&amp;S replacement rental unit available requires a rental subsidy payment in excess of $7,200, or if there are no acceptable comparables available in the area, the entire payment must be made under the Last Resort Housing Program. This program will not be applied for 90-Day owner-occupants who desire to rent rather than purchase replacement dwellings if comparable DS&amp;S replacement dwellings are available to them for purchase through routine RHP.<br /> <br /> If 90-Day owners elect to rent rather than purchase replacement housing and a comparable DS&amp;S replacement rental unit is not available within the maximum $7,200 payment range, compute a routine RHP offer to prove that they could be relocated in the same ownership status they enjoyed prior to being displaced. The relocatees must be advised of the availability of such computed payment. If they still elect to rent, they can of course do so. Their rental subsidy payment shall be no more than their calculated RHP. The unit file must be documented to show that these actions were taken. If a comparable DS&amp;S replacement dwelling is not available for either purchase or rent within the maximum payment allowance, a solution must be provided under the Last Resort Housing Program.<br /> <br /> '''NOTE B: Relocatee Owns Pets'''<br /> <br /> If a relocatee owns pets, it is preferable that selected comparable replacement rental units also permit pets; however, it is not mandatory that they do so if the most nearly comparable replacement units available meet all other comparability requirements and otherwise meet the needs of the relocatee involved.<br /> <br /> Select comparable replacement rental units that permit pets, if this can be accomplished without increasing the amount of their rental subsidy payments and/or without the necessity of rejecting otherwise acceptable comparables.<br /> <br /> Seeing Eye dogs owned by blind relocatees are not considered to be pets under this policy. When they are involved, comparables must be selected which will accept the relocatees' Seeing Eye dog. If other special cases involving pets and/or other animals are encountered which deserve special consideration, submit all facts to the Right of Way Section together with a recommended solution.<br /> <br /> '''NOTE C: Relocatee is Disabled'''<br /> <br /> To meet DS&amp;S requirements the selected replacement dwelling unit for a disabled person must be free of any barriers which would preclude reasonable ingress, egress or use of the unit by the relocatee.<br /> <br /> If a suitable replacement cannot be located which will accommodate the relocatee, it is permissible to increase the monthly rental of an otherwise comparable replacement unit to compensate the owner for the cost of rearranging it as necessary to meet the DS&amp;S standards.<br /> <br /> The department must not be placed in the position of guaranteeing or assuring the owner of a potential replacement dwelling that the relocatee will rent the unit if the landlord makes the necessary changes to enable it to accommodate the disabled person.<br /> <br /> The relocation agent should (1) locate the otherwise comparable replacement unit, (2) determine the physical changes that are necessary to enable it to accommodate the relocatee, (3) determine that the landlord is willing to make the changes, (4) agree on an acceptable monthly rental fee to be charged if the changes are made, and (5) compute a rental subsidy payment offer based on the agreed monthly rental fee.<br /> <br /> The relocatee and landlord must agree between themselves whether or not to proceed with the proposed physical changes in the potential replacement unit.<br /> <br /> The computed offer will be available to the relocatee if he/she rents and occupies the selected comparable for the agreed rental fee that was based on remodeling to meet DS&amp;S standards for the disabled if the remodeling was accomplished, or, if he/she rents any other replacement unit that meets DS&amp;S disabled standards for an amount equal to or exceeding the agreed rental for the selected comparable. If the rental fee paid for the replacement unit that the relocatee actually rents and occupies is less than such agreed rental fee, the rental subsidy payment must be reduced accordingly.<br /> <br /> :'''(4) Preparation When 90-Day Owners Involved'''<br /> <br /> :When qualified 90-Day owners elect to rent rather than purchase a replacement, their payment offer will be computed in the same manner as discussed in preceding subparagraph (3) '''except''' that line 2 will be marked &quot;N/A.&quot; The economic monthly rental fee applicable to the owner's subject dwelling will be used in computing their rental subsidy payment offer.<br /> <br /> :The &quot;economic monthly rental fee&quot; referred to above must be based on market data and the unit file must be documented.<br /> <br /> :'''(5) Preparation When Other Lands and/or Property Involved - Subject Property'''<br /> <br /> :If the rental fee being paid by a relocatee prior to being displaced includes other lands, or when a building is involved that houses both the relocatees' dwelling unit and business, a qualified staff person must prorate the total existing monthly rental fee being paid for the entire property to determine the portion that is applicable to the dwelling and supporting residential land area.<br /> <br /> :This determination must be in writing, signed by the prorator and approved by a district certified appraiser or district Right of Way Manager.<br /> <br /> :It will also be necessary to determine if that portion of the existing rental fee is compatible with the proper economic rental rate that is applicable to the dwelling unit. Follow the instructions in EPG 236.8.11.3(a)(2), when making these determinations. After the economic rent determination has been made, the payment offer will be computed in the manner discussed in preceding subparagraph (3).<br /> <br /> :'''(6) &quot;Nil&quot; or Substantially Reduced Rental Fees Involved'''<br /> <br /> :Review EPG 236.8.11.3(a)(2).<br /> <br /> :'''(7) Relocatee is &quot;Working Out&quot; Rental Cost'''<br /> <br /> :Should a relocatee be &quot;working out,&quot; all or a portion of his/her existing rental fee by performing managerial services, custodian duties, etc., the economic value of the portion of the rental fee being &quot;worked out&quot; must be considered in determining his/her existing rental fee (added to the cash rental payment, if any). Enter the adjusted existing rental fee on line 2 of the computation sheet and compute the rental subsidy offer in the routine manner as discussed in EPG 236.8.11.3(b)(3).<br /> <br /> :'''(8) Other Public Agency Rental Subsidies Involved'''<br /> <br /> ::'''(a) Other Public Agency Rental Assistance Involved - Prior to Displacement'''<br /> <br /> ::If a portion of any public assistance payment received by a relocatee, such as a welfare payment, is specifically designated for housing costs, it is necessary to add the supplement to the amount being paid by the relocatee to establish the &quot;average monthly rental being paid for the subject unit&quot; '''unless''' (1) by law such rent supplement will be discontinued upon vacation of the subject, and not renewed after the relocatee has relocated, in which case, the supplement will not be included when establishing the relocatees' existing monthly rental, or (2) the relocatee is being displaced from public housing. If the relocatee is being displaced from public housing, see following subparagraph (b).<br /> <br /> ::If the other agency's rent supplement payment is to be continued, the agency should be advised of the department's rental subsidy payment so they will not duplicate the payment by also increasing their payments to compensate for increased rental costs of the relocatees' replacement dwelling unit. If the other agency's supplement payment is continued, you only consider the out-of-pocket increases that the relocatee experiences, and you disregard the 30% income rule.<br /> <br /> ::After the subject's &quot;average monthly rental&quot; has been properly determined, the rental subsidy payment offer will be computed in the normal manner.<br /> <br /> ::The unit file must be documented when rent supplements from other agencies are involved to show what action was taken and why. If a rent supplement payment from another agency is involved, it will be necessary for the district to contact the agency to determine if such payments will be discontinued '''by law''' after the relocatee has moved to a replacement dwelling.<br /> <br /> ::'''(b) Relocatee Displaced From Public Housing'''<br /> <br /> ::Review [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(i)(6)]].<br /> <br /> ::Compute the rental subsidy payment offer in the manner discussed in EPG 236.8.11.3(b)(3).<br /> <br /> ::When a relocatee is being displaced from public housing, always use replacement public housing, if available, as &quot;comparables&quot; on the computation sheet.<br /> <br /> ::If the relocation rental subsidy payment offer is to be based on the cost of a replacement public housing unit, the relocatees' existing average monthly rental fee, to be used on line 2 of the computation sheet, will be his/her actual rental expenditure which does not include any portion of his/her housing costs that are paid by the Public Housing Agency. The monthly rental fee of the selected comparable, to be used on line 19 of the computation sheet, will be the actual rental payment that will be made by the relocatee, again excluding any portion of the replacement rental fee that will be paid by the housing agency.<br /> <br /> ::If relocatees who are displaced from public housing are forced to rent private rental housing as a replacement, it is likely that they will be eligible for some type of public welfare housing supplement. The same instructions provided in the preceding paragraph are also applicable in this case. It will be necessary to determine if the relocatees will be eligible for public assistance housing payments. If so, deduct the amount of the payment from the rental fee of the replacement unit to determine the relocatees' replacement rental cost. The policy discussed herein will also produce the correct rental subsidy payment offer if the relocatee does not receive public housing assistance after displacement.<br /> <br /> '''NOTE''': Only in unusual circumstances may a comparable replacement dwelling contain fewer rooms or, consequentially,<br /> less living space than the displacement dwelling. An example is when a displaced person accepts an offer of government housing assistance and the applicable requirements of such housing assistance program require that the displaced person occupy a dwelling that has fewer rooms or less living space than the displacement dwelling<br /> <br /> :'''(9) Multiple Occupancy of Same Dwelling Unit'''<br /> <br /> :Review [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(7)]]. The principles in the referenced subparagraph also apply to multiple occupancy of single-family rental units.<br /> <br /> ::'''a. Comparable Decent, Safe and Sanitary Replacement Dwelling Unit IS Available'''<br /> <br /> ::If a comparable or better DS&amp;S replacement dwelling unit is available for rent within the maximum $7,200 rental subsidy payment limitation when two or more eligible individuals and/or families who do not maintain separate households are displaced from the same single-family rental dwelling unit, only one rental subsidy payment will be made. The payment offer will be computed in the routine manner as if only one family was involved.<br /> <br /> ::'''b. Comparable Decent, Safe and Sanitary Replacement Dwelling Unit IS NOT Available'''<br /> <br /> ::If a comparable or better DS&amp;S replacement dwelling unit is not available for rent when two or more eligible individuals and/or families who do not maintain separate households are displaced from the same single-family rental unit and the families are forced to occupy separate rental units after displacement, each eligible individual and/or family involved will be entitled to a separate rental subsidy payment offer. A separate Rental Subsidy Computation Sheet [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Rental%20Subsidy%20Offer%20Computation%20Sheet%20Form%20236.8.11.3.B.pdf (Form 236.8.11.3(b))] must be completed for each individual and/or family in the following manner.<br /> <br /> ::Fill out the heading and line 1 in the usual manner.<br /> <br /> ::Divide the existing average monthly rental fee being paid for the subject unit by the number of separate individuals and/or families that occupy it if the rental fee is being equally divided; if not, divide it accordingly to the percentage ratio being paid by each separate individual and/or family. Obtain a written statement, signed by each head of household, advising how the existing fee is being &quot;split&quot; if it is not being evenly divided. If a statement cannot be obtained, consider the fee as being equally divided. Enter the prorated portion of the existing fee applicable to the subject individual or family whose payment is being computed on line 2.<br /> <br /> ::If one individual or family is principal renter and others are subrenters, the principal renter's pro rata portion of the existing rental fee will be the difference between the total rental fee the principal renter pays for the dwelling unit and the total of the payments he/she collects from the subrenters. The subrenter's pro rata portion will be the amount they pay to the principal renter.<br /> <br /> ::If the subject's economic rental rate is a factor, determine it and prorate in the same manner applied to the actual existing fee. Show the prorated conclusion on line 5.<br /> <br /> ::Prior to completing lines 7 through 18, it is necessary to determine the size and utility of the replacement rental dwelling unit to which each separate individual and/or family is entitled by considering the space and utility each used in the subject dwelling. This can be accomplished by determining the space each individual and/or family privately occupied in the subject. Shared space in the subject can be &quot;credited&quot; to all individuals and/or families involved who had unlimited access to it.<br /> <br /> ::Use available DS&amp;S replacements, lines 7 through 18, that are as nearly comparable as possible to the prorated '''space''' applicable to the subject individual or family.<br /> <br /> ::After the above steps are taken, the balance of the computation sheet can be completed in the routine manner. The entries on lines 2 and 5 and on line 10, under the computation section, will not be a prorated amount; enter the total adjustment amount as if no other relocatees jointly occupied the subject unit. The cost of providing furnishings in the selected comparable relates only to those furnishings provided in the area privately and jointly occupied by the subject relocatee that are not also furnished in the selected comparable. All prorations and computations not included on the computation sheet should be documented in the unit file.<br /> <br /> ::Should one of the individuals and/or families elect to rent a replacement dwelling unit and others elect to purchase in lieu of renting, each can qualify for their applicable payment if otherwise eligible.<br /> <br /> ::Should the only existing comparable or better DS&amp;S replacement dwelling units available require a rental subsidy payment in excess of $7,200, or if no existing comparable or better replacement is available, determine whether it is more practical to provide separate replacement dwelling units as discussed in preceding subparagraph B or to make an existing higher priced replacement available under the Last Resort Housing Payment Program. Submit your findings and recommendations to the Right of Way Section for concurrence prior to making a commitment to the relocatee.<br /> <br /> ::If some of the occupants are owners and others are tenants, see [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(7)C]].<br /> <br /> :'''(10) Utilities Furnished By Landlord'''<br /> <br /> :Review EPG 236.8.11.3(a)(4).<br /> <br /> :'''(11) Tenants With Less Than 90-Day Occupancy and Subsequent Occupants'''<br /> <br /> :Review [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(c)(2) and (3)]], that discuss the department's replacement housing obligation to tenants with less than 90 days occupancy and subsequent tenant occupants.<br /> <br /> :Any comparable DS&amp;S replacement dwelling available to such relocatees that requires a monthly rental fee that does not exceed the higher of (1) the rent being paid for the displacement unit, or (2) 30% of the relocatees' total monthly gross income (if determined to be “low income”as defined at 236.8.12.3(b)(3)) '''is''' affordable to them. If such a replacement is available, the relocatees will not be eligible for a rental subsidy payment or any other RHP. (An exception could exist: relocatees could possibly qualify for payment if the furnishings in the subject unit are provided by the landlord but are not provided in the &quot;affordable&quot; comparable replacement unit. Proper use of a rental subsidy computation sheet will determine whether or not payment is due and, if so, the amount.)<br /> <br /> :If an affordable replacement is not available, it will be necessary to present the relocatees a rental subsidy payment offer equal to 42 times the difference between (1) the relocatees' existing average monthly rental '''or''' 30% of their gross monthly income (if determined to be “low income”), whichever is the larger, and (2) the monthly rental fee of an available higher priced DS&amp;S comparable. This computation procedure ensures that an affordable DS&amp;S replacement is available to the relocatees.<br /> <br /> :Compute the payment on a Rental Subsidy Computation Sheet. The entry on lines 2 of the form and will be the '''greater''' of (1) the subject's existing average monthly rental, '''or''' (2) 30% of the relocatees' gross monthly income (if determined to be “low income”).<br /> <br /> :The relocatees' actual rental subsidy payment will be the '''lesser''' of (1) their rental subsidy payment offer, or (2) 42 times the difference between (a) the higher of the relocatees' existing monthly rental '''or''' 30% of their gross monthly family income (if determined to be “low income”), and (b) the monthly rental fee of the replacement dwelling they actually rent and occupy.<br /> <br /> :Relocatees in these two categories '''who are entitled''' to a rental subsidy payment can elect the down payment assistance option; however, the down payment assistance cannot exceed the amount of their rental subsidy payment offer plus incidental costs.<br /> <br /> :'''(12) Reductions in Rental Subsidy Payment Offers'''<br /> <br /> :Review [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(c)(8)]], relating to reductions in RHP offers. The general principles therein are applicable when rental subsidy payment offers are involved.<br /> <br /> :Recomputed rental subsidy offers that are less than the original offer can be presented to the relocatee provided that the relocatee would not suffer financial loss, embarrassment or other problems due to his/her inability to fulfill previous good faith commitments made in anticipation of receiving the original offer.<br /> <br /> :When a reduced offer is involved, the unit file must be documented.<br /> <br /> :Revised offers should be presented to relocatees in writing. Specifically mention that the revised offer supersedes the original.<br /> <br /> :'''(13) Withdrawal of Rental Subsidy Payment Offers'''<br /> <br /> :See [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(c)(7)]].<br /> <br /> ===236.8.11.4 Computations - Actual Rental Subsidy Payment Due Relocatee===<br /> <br /> The only additional information needed to make an actual payment determination, which will not have been previously obtained for use in computing the rental subsidy payment offer, is the specific monthly rental fee being paid by the relocatees for their DS&amp;S replacement dwelling unit. A final determination of the actual payment amount due a relocatee cannot be made until after he/she has rented a DS&amp;S replacement dwelling unit.<br /> <br /> The relocatees should furnish the department a copy of their lease or copies of applicable rental receipts to document the amount of the replacement rental rate. If neither is available, or if the amount of the replacement rental rate is not clearly defined in available documentation, the rate should be confirmed by both the tenant and the landlord and the file documented to show this action was taken. Under the latter circumstance, a signed statement by the department employee who made the determination, showing who was contacted, dates of contacts, how made, stated rental fees and other pertinent facts, is adequate.<br /> <br /> If there are discrepancies in available documentation or if the relocatees and their landlord report different monthly rental fees for the replacement, the discrepancy must be reconciled before the actual rental subsidy payment amount can be properly determined.<br /> <br /> '''(a) Payment Determination'''<br /> <br /> :'''(1) Routine Situations'''<br /> <br /> :In a routine situation, the actual rental subsidy payment amount will be either (1) the applicable rental subsidy payment offer as discussed in [[236.8 Relocation Assistance Program#236.8.11.3 Computations - Rental Subsidy Payment Offers|EPG 236.8.11.3(b)(3)]], '''or''' (2) an amount determined by multiplying the difference between the average monthly rental cost displacees were paying for the unit from which they were displaced and the monthly rental cost they are paying for the actual DS&amp;S replacement unit times 42, whichever is the lesser, not to exceed $7,200. Use RA Claim [http://eprojects/Templates/RW/Chapter%208_Relocation/Rental%20Subsidy%20Claim%20Form%20236.8.11.5.pdf Form 236.8.11.5(a)], when computing this payment.<br /> <br /> :'''Line 1 under the computation section''': Insert the actual monthly rental fee that the relocatees are paying for their replacement dwelling unit.<br /> <br /> :Should the relocatees move from an unfurnished unit to a furnished replacement, the portion of the replacement rental fee that is chargeable to the furnishings must be deducted from the total fee prior to computing the rental subsidy payment. Deduct the portion chargeable to furnishings from the total rental fee and reflect the resulting figure on line 13 of the claim form. Explain this action under comments on the back of the claim form that is used as a computation work sheet, or on a separate sheet attached to the file copy of the claim.<br /> <br /> :'''Line 2 thru 6''': Self-explanatory.<br /> <br /> :Exception for line 2.<br /> <br /> :When the landlord '''provides''' the utilities in the actual DS&amp;S replacement dwelling that is rented and occupied by the relocatee, insert &quot;N/A&quot; in line 2.<br /> <br /> :When utilities '''are''' provided by the landlord in '''both''' the subject dwelling '''and''' the selected comparable on which the rental subsidy offer was based but are not provided in the actual DS&amp;S replacement dwelling rented and occupied by the relocatee, insert in line 2 the estimated monthly utilities for the replacement dwelling. <br /> <br /> :'''Line 7''': The relocatees' average monthly household income should be reverified when the claim is filed. If the income has changed, the rental subsidy should be recomputed based on the average monthly income for the 12 months preceding the date the relocatee moved from the displacement dwelling. If this recomputation results in a lower payment and the relocatee has already spent or is obligated to spend the original computed rental subsidy as a down payment, the original average income should be used and a recomputation should not be done. If the relocatee is no longer employed, provide the facts to the Right of Way Section and request assistance.<br /> <br /> :'''Lines 8 thru 15''': Self-explanatory.<br /> <br /> :'''(2) Other Lands and/or Property Involved - Replacement Property'''<br /> <br /> :If the replacement rental property includes other lands and/or property, in addition to the single-family residential dwelling unit occupied by the relocatee, it will be necessary for an appraiser to determine, as accurately as possible, the portion of the total rental fee that is chargeable to the dwelling and supporting residential land area.<br /> <br /> :The determination must be supported in writing, signed by the appraiser and approved by the district certified appraiser or district Right of Way Manager.<br /> <br /> :The appraiser should consider the economic rental fee for the replacement dwelling unit and a proration of the total fee being paid for the entire replacement property to arrive at a pro rata amount. Hopefully both approaches will indicate the same conclusion; however, if not, the portion of the total fee charged to the replacement dwelling unit will, of necessity, be based on the proration of the actual rental fee being paid for the entire replacement property.<br /> <br /> :The prorated portion of the total rental fee that is assigned to the replacement dwelling unit will be used on line 1under computations of RA Claim [http://eprojects/Templates/RW/Chapter%208_Relocation/Rental%20Subsidy%20Claim%20Form%20236.8.11.5.pdf Form 236.8.11.5(a)].<br /> <br /> :Should a replacement rental property that includes other lands and/or property be located in another state, advise the Right of Way Section and request assistance in obtaining the necessary proration of the rental fee.<br /> <br /> :'''(3) Other Public Agency Rental Subsidies Involved'''<br /> <br /> ::'''(a) Relocatee Moves to Public Housing'''<br /> <br /> ::If relocatees move into public subsidized rental housing, the actual rental fee being paid '''by the subject relocatees''' for their subsidized housing must be used in determining the amount of the rental subsidy payment they are entitled to receive from the department. This fee should be obtained from the public agency in charge of such rental housing.<br /> <br /> ::If relocatees who elected to be paid in installments originally move into decent, safe and sanitary replacement rental housing that is not subsidized and later, during the four-year installment payment period, move into public subsidized rental housing that requires a lower rental fee than their original replacement, the public housing agency involved must be notified in writing that the relocatees are receiving rental subsidy payments from the department that are based on higher rental fees than they are currently paying for such public housing. The department's rental subsidy payment will not be recomputed or changed and future installment payments will be made as originally scheduled so long as the relocatees occupy DS&amp;S housing.<br /> <br /> ::'''(b) Other Public Agency Rental Assistance Involved - After Displacement'''<br /> <br /> ::If relocatees who did not receive direct rental assistance payments from other agencies prior to being displaced do receive such payments after displacement, use only the actual replacement rental payment they are making, excluding subsidies being paid by other agencies, when computing the actual rental subsidy payment they are entitled to receive from the department.<br /> <br /> ::Should the initiation of rental assistance payments by other agencies not begin until after the first rental subsidy payment is made by the department, but during the installment payment period, notify the public agency making such payments in writing that the department is also making rental subsidy payments to the relocatee. The department's rental subsidy payment will not be recomputed or changed and future installment payments will be made as originally scheduled so long as the relocatees occupy DS&amp;S housing.<br /> <br /> ::It is not the district's responsibility to uncover rental assistance payments from other agencies unless this information is provided on the claim form. If district personnel learn that a claim form is erroneous, and that such payments are being received by a relocatee, the other agency involved must be notified.<br /> <br /> ::'''(c) Other Public Agency Rental Assistance Involved - Before and After Displacement'''<br /> <br /> ::Review [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(i)(6)]].<br /> <br /> ::If the '''same''' portion of a public housing assistance payment received by a relocatee both before and after displacement is specifically designated for housing costs, normally as a rent supplement, his/her rental subsidy payment will be computed based upon out-of-pocket expense increases without regard to income. When computing the relocation rental subsidy payment, consider '''total''' rental fees paid for both the subject and replacement dwelling units, the rent supplement payment paid by the public agency plus the amount paid solely by the relocatee.<br /> <br /> ::If the public assistance payment does not designate a specific amount for housing costs, the relocation rental subsidy payment will be computed in the manner discussed in EPG 236.8.11.4(a)(1). Consider '''total''' rental fees in the actual payment computations.<br /> <br /> ::All of the preceding instructions in this subparagraph also apply, including the applicability of the payment computation procedure discussed in EPG 236.8.11.4(a)(1), if the portion of the public assistance payment designated for housing costs change after displacement '''except that''' only the portion of the rental fees, both subject and replacement paid solely by the relocatee, excluding the public agency rent supplement, will be used when computing the relocation rental subsidy payment. Under this circumstance, the computed payment will not normally exceed the previously computed rental subsidy payment offer. Should it do so, it will be necessary to recompute the payment offer for the purpose of establishing the maximum payment available using the portion of the rental fee paid solely by the relocatee. Determine the portion of the selected comparable's rental fee that would be paid solely by the relocatee by subtracting the revised rent supplement paid by the other agency from the rental fee of the selected comparable.<br /> <br /> ::It will be necessary to obtain information from the public agency involved if it is not known whether or not a portion of such agency's assistance payment to the relocatee, both before and after displacement, is specifically designated for housing costs.<br /> <br /> ::The unit file must be documented when rent supplements from other agencies are involved to show what action was taken and why.<br /> <br /> ::'''(d) Other Public Agency Rental Assistance Discontinued After Displacement'''<br /> <br /> ::If a relocatees' public assistance payment is discontinued '''by law''' after displacement, follow the same instructions included in the preceding subparagraph which are applicable when the portion of the public assistance payment designated for housing costs changes after displacement.<br /> <br /> ::If the public assistance payment is discontinued for any reason other than as required by law, request specific computation instructions from the Right of Way Section.<br /> <br /> '''NOTE''': Relocatees '''will not''' be eligible for a rental subsidy payment if their entire rental fee is being subsidized by a public agency both before and after displacement.<br /> <br /> :'''(4) Multiple Occupancy of Same Dwelling Unit (Relocatees Do Not Maintain Separate Households)'''<br /> <br /> :Review [[236.8 Relocation Assistance Program#236.8.8.3 Payment Computations|EPG 236.8.8.3(a)(7)B]]. The principles therein are also applicable when rental dwellings are involved.<br /> <br /> ::'''(a) Comparable Decent, Safe and Sanitary Replacement Dwelling Unit IS Available'''<br /> <br /> ::If a comparable or better DS&amp;S replacement dwelling unit is available for rent within the maximum $7,200 when two or more eligible individuals and/or families are displaced from the same single-family rental dwelling unit, only one rental subsidy payment will be made. The payment will be computed in the routine manner.<br /> <br /> ::Should the individuals and/or families rent and occupy different replacement dwelling units by choice, or should some rent DS&amp;S replacements but others fail to do so, each '''eligible''' individual and/or family can be paid '''the lesser of''' (1) their pro rata share of the one rental subsidy payment offer, or (2) an amount computed in the manner explained in paragraph II, headed &quot;Actual Payment Computations.&quot;<br /> <br /> ::Should some of the individuals and/or families rent and others purchase replacement dwellings, those which rent can be paid a rental subsidy payment determined in the preceding manner and those which purchase can be paid a pro rata share of the one rental subsidy payment as a down payment plus incidentals.<br /> <br /> '''NOTE''': The following procedure is fully applicable even though one of the relocatees is the principal renter and the others are subrenters. The total rental fee paid by the principal renter will be used in computing the one payment. When determining the principal renter's actual contribution toward payment of the total rental fee, deduct the amount he/she collects from the subrenters from the total rental fee paid for the subject unit.<br /> <br /> ::'''I. Proration of Offer'''<br /> <br /> ::The first step in prorating the rental subsidy payment offer is to obtain a written statement from the parties involved advising of the amount each contributed toward payment of the total rental fee charged for the unit from which they were displaced. The statement must be signed by all of the separate parties which occupied the subject regardless as to whether or not they paid any portion of the rental fee. If for any reason they fail to present the statement, consider them as having shared the rental fee equally. Relocatees who did not pay any portion of the subject unit's rental fee will not be entitled to a separate pro rata rental subsidy payment from the department.<br /> <br /> ::Prorate the one computed payment offer to determine each individual and/or families share by dividing the offer in the same percentage ratio that each contributed in the payment of the subject's rental fee. The pro rata share of the rental subsidy offer thus established will be the maximum rental subsidy payment that any of the separate parties can be paid and will be the amount shown on line 20 of the claim form.<br /> <br /> ::If two or more of the individuals and/or families rent and occupy the same DS&amp;S replacement unit, add their pro rata shares together to determine the maximum payment they are jointly entitled to receive. No problem will be encountered if those who relocate together request installment payments as discussed in [[236.8 Relocation Assistance Program#236.8.11.5 Rental Subsidy Claim Forms|EPG 236.8.11.5(b)]], unless they &quot;split&quot; after receiving their initial payment and some do not reoccupy DS&amp;S housing. Should this occur, divide the amount of the current installment payment by the total number of relocatees who were originally eligible to receive it and pay those who are currently qualified their share of the installment payment.<br /> <br /> ::'''II. Actual Payment Computations'''<br /> <br /> ::The actual payment due each separate party involved, not to exceed their pro rata share of the joint offer as determined in paragraph I above based on the rental fee they actually pay for their replacement dwelling can be determined by completing the &quot;Payment Computations&quot; section of RA Claim [http://eprojects/Templates/RW/Chapter%208_Relocation/Rental%20Subsidy%20Claim%20Form%20236.8.11.5.pdf Form 236.8.11.5(a)], using the pro rata share of rent and utilities they paid on the displacement dwelling.<br /> <br /> ::Contact the Right of Way Section if unusual circumstances are involved which indicate that the procedures in this subparagraph are inappropriate.<br /> <br /> ::'''(b) Comparable Decent, Safe and Sanitary Replacement Dwelling Unit IS NOT Available'''.<br /> <br /> ::If a comparable or better DS&amp;S replacement rental dwelling unit is not available for rent when two or more individuals and/or families are displaced from the same single-family rental unit, each will be entitled to a separate rental subsidy payment '''if''' they actually rent and occupy separate replacement dwelling units and otherwise qualify for the payment. Should the individuals and/or families involved actually rent and occupy the same single-family replacement dwelling unit, they will be entitled to only one rental subsidy payment. The amount of the one payment will be arrived at by multiplying the difference between the '''total''' monthly rental fee they, all relocatees jointly, paid for the subject and the '''total''' monthly rental fee being paid for the replacement, times 42, '''not to exceed''' the combined total of their separate rental subsidy payment offers.<br /> <br /> ::When the relocatees involved are entitled to separate payments, each individual and/or family must submit a separate claim. The computations section of the claim form will be completed in the routine manner. Amounts will '''not''' be prorated. Use the total adjustment figure as if no other relocatees jointly occupied the subject unit.<br /> <br /> ::'''(c) Married Couples Separated and/or Divorced After Initiation of Negotiations But Prior to Filing Claim'''<br /> <br /> ::Consider that the former spouses were paying equal portions of the rental fee for the unit from which they were displaced unless they specifically claim otherwise and agree in writing to a different proration.<br /> <br /> :'''(5) Tenant Makes Subsequent Moves Within First Year After Original Displacement'''<br /> <br /> :Should relocatees who qualified for and received their maximum rental subsidy payment offer, or who have received at least one installment on such payment, moves from their initial replacement dwelling unit to a different DS&amp;S unit, their payment amount will not be recomputed or changed even though they pay a different monthly rental fee, either higher or lower, for the subsequent replacement unit. This policy applies regardless as to whether the subsequent move occurs within, or after, the one-year period.<br /> <br /> :If relocatees who have been paid a lump sum rental subsidy payment which was less than their maximum rental subsidy payment offer moves to a subsequent DS&amp;S replacement dwelling unit, within the one-year period which requires a higher rental fee than their original replacement, they can be paid the difference between their original payment and the amount that would be due as a rental subsidy payment based on the subsequent replacement unit. Claims for &quot;second&quot; payments must be clearly identified and the file must be documented to show why the payment is being made. If the subsequent move occurs after the above-referenced one-year period, no additional payment will be made under any circumstances.<br /> <br /> :'''(6) Rental Fee For Replacement Rental Unit Increased By Landlord'''<br /> <br /> :If the monthly rental fee for an occupied replacement rental unit is increased after the relocatees receive their rental subsidy payment, no additional payment will be made by the department to cover the increased monthly rental expenditure.<br /> <br /> :If the relocatees received their payment in installments, the amount of installment payments will not be recomputed, changed or increased if the monthly rental fee of their replacement rental unit is increased after they receive their initial installment payment.<br /> <br /> :This policy applies regardless as to whether the rental fee was increased within the first year after the original displacement or in subsequent years.<br /> <br /> :'''(7) Relocatee Displaced From Conventional Dwelling or Mobile Home Becomes Occupant of Rest Home'''<br /> <br /> :The rental subsidy payment for a relocatee who moves to and becomes a permanent rest home occupant after being displaced from a conventional dwelling unit, or from a mobile home, is computed in the routine manner using the portion of the monthly rest home fee that is chargeable to basic &quot;room rent&quot; and utilities as the replacement rental fee.<br /> <br /> :If the relocatee becomes a temporary rest home patron after displacement, provide the facts involved to the Right of Way Section and request instructions before making a commitment to the relocatee.<br /> <br /> :'''(8) Conversion of Payment'''<br /> <br /> :Displaced tenants who rent their original replacement dwellings can '''within''' the one-year time period purchase and occupy a replacement dwelling and claim a down payment assistance; however, the amount of any previously paid rental subsidy must be deducted from the down payment assistance.<br /> <br /> :90-Day owners, who originally rent their replacement dwelling can, '''within''' the one-year period, purchase and occupy a replacement dwelling and claim a RHP. Any previously paid rental subsidy payment will be deducted from the RHP.<br /> <br /> :In either case, the second payment will be computed as if the current replacement dwelling had been originally purchased and as if the interim rental status had not occurred. If it is not possible to determine which replacement housing was available for purchase by a 90-Day owner at the time original displacement, the maximum RHP would be based on the most nearly comparable DS&amp;S replacement dwelling available at the time the relocatee purchased the second replacement.<br /> <br /> :Neither down payment assistance or RHPs will be available to relocatees who change their ownership-occupancy status after the above-referenced one-year period.<br /> <br /> ===236.8.11.5 Rental Subsidy Claim Forms===<br /> <br /> Relocatees must use RA Claim [http://eprojects/Templates/RW/Chapter%208_Relocation/Rental%20Subsidy%20Claim%20Form%20236.8.11.5.pdf Form 236.8.11.5(a)], and no other, in claiming their payment in one lump sum.<br /> <br /> General information concerning claim forms previously discussed in [[236.8 Relocation Assistance Program#236.8.6.8 Residential Moving Cost Payments|EPG 236.8.6.8(d)]], also apply to the rental subsidy claim form.<br /> <br /> '''(a) Rental Subsidy Claim Form--Lump Sum Payments (RA Form 236.8.11.5(a))'''<br /> <br /> :'''(1) Time For Filing Claims'''<br /> <br /> :The claim must be filed within 18 months after the date the relocatees move from the subject dwelling unit but not before they have rented and occupied a DS&amp;S replacement dwelling unit. Rental subsidy claims can be paid as soon as the relocatees meet all eligibility requirements. It is '''not''' necessary to wait until the dwelling from which they were displaced has been acquired by the department.<br /> <br /> '''NOTE A: Direct Payment to Lessor'''<br /> <br /> Upon specific written request from eligible relocatees, their rental subsidy payment can be made directly to a lessor as rental for a DS&amp;S replacement dwelling unit. The relocatees' request for a direct payment must (1) state their desires, (2) name the persons to whom they want the check made payable, (3) advise that those named are lessors of the dwelling unit they are renting to replace the unit from which they are being displaced by the department, (4) that the payment is being applied to the rental charge for the replacement dwelling unit, and (5) that they take full responsibility for the completeness and accuracy of the lessors' names and that they fully understand that the department will not be responsible for the omission of any person from the payment who has an interest in the replacement property. The rental subsidy payment will not be divided, the entire amount due must be paid in one check to the same party or parties.<br /> <br /> :The front of the claim form should be completed and executed in the routine manner. The district must show the persons to whom the check is to be made payable in the appropriate space at the top of the backside of the form. Under comments, explain that the payment is being made to the lessor of the replacement dwelling unit as requested by the relocatee. Attach a copy of the relocatees' written request for direct payment to each copy of the claim, those submitted with the payroll and the copy retained for the unit file.<br /> <br /> '''(b) Manner of Disbursing Rental Subsidy Payment'''<br /> <br /> :Rental subsidy payments will be disbursed in a lump sum, unless the district, with concurrence from the Right of Way Section, determines that the payment should be made in installments.<br /> <br /> ==236.8.12 Relocation Assistance Program - Down Payment Assistance==<br /> <br /> ===236.8.12.1 General Policy===<br /> <br /> Displaced tenants who elect to purchase in lieu of renting a DS&amp;S replacement dwelling, and who actually do so, are entitled to a down payment assistance if they meet the eligibility requirements discussed in following [[236.8 Relocation Assistance Program#236.8.12.2 Payment Eligibility Requirements|EPG 236.8.12.2]].<br /> <br /> The payment amount is equal to their computed rental subsidy payment plus reimbursable incidental closing costs, the combined total of which normally cannot exceed $7,200.<br /> <br /> '''(a) Displaced Tenants - Computed Down Payment Assistance is $7,200 or Less'''<br /> <br /> The payment will be based on the '''lesser of''' (1) the amount of the computed rental subsidy plus incidental closing costs, or (2) the amount the relocatees actually paid down in the purchase of their replacement dwelling plus eligible incidental closing costs.<br /> <br /> '''(b) Down Payment Assistance in Excess of $7,200'''<br /> <br /> The right of way manager must specifically authorize any down payment assistance in excess of $7,200 as a last resort housing payment.<br /> <br /> :'''(1) Last Resort Down Payment Assistance'''<br /> <br /> ::'''a. Tenants'''<br /> <br /> ::Last resort down payment assistance is available to displaced tenants only when either of the following conditions exist:<br /> <br /> ::(1) there are no comparable DS&amp;S replacement rental dwelling units available on the market, <br /> <br /> ::(2) the only comparable DS&amp;S replacement rental dwelling units available would require a rental subsidy payment that exceeds $7,200.<br /> <br /> ::Last resort down payment assistance available to tenants cannot exceed the amount the relocatee would be entitled to as a rental subsidy payment based on the monthly rental of the most nearly comparable DS&amp;S replacement dwelling unit available on the market including incidental closing costs.<br /> <br /> ::Should the original last resort rental subsidy offer be reduced to $7,200, it must be withdrawn and an offer of $7,200 or less made.<br /> <br /> ===236.8.12.2 Payment Eligibility Requirements===<br /> <br /> Eligibility requirements include all those requirements previously stated for rental subsidy payments.<br /> <br /> '''(a) Down Payment Assistance Must Be Applied to Purchase Price of Replacement'''<br /> <br /> The relocatees must make a payment on their replacement residential property equal to or exceeding the amount paid to them as a down payment assistance.<br /> <br /> It is '''not''' required that the relocatees obtain a loan for the purchase of their replacement. They can pay any part of the purchase price from their own resources without the necessity of borrowing money on the property without affecting their payment eligibility.<br /> <br /> '''NOTE''': Money spent by a relocatee in correcting DS&amp;S deficiencies in a newly purchased replacement dwelling will, when properly documented to prove the expenditure, be considered as having been included in the actual down payment made by the relocatee. The value of labor contributed in correcting these deficiencies can be included with prior Right of Way Section concurrence.<br /> <br /> '''(b) Replacement Dwelling Must Be Acquired and Occupied Within One Year'''<br /> <br /> Eligible relocatees must acquire and occupy DS&amp;S replacement dwellings within a one-year period determined in the following manner.<br /> <br /> :'''Tenant''': The same one-year period as discussed in [[236.8 Relocation Assistance Program#236.8.11.2 Payment Eligibility Requirements|EPG 236.8.11.2(a)(3)]], which is applicable when rental subsidy payments are involved.<br /> <br /> ===236.8.12.3 Payment Computations===<br /> <br /> Compute a rental subsidy payment offer, using a Rental Subsidy Offer Computation Sheet [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Rental%20Subsidy%20Offer%20Computation%20Sheet%20Form%20236.8.11.3.B.pdf (Form 236.8.11.3(b)]), to determine the maximum rental subsidy payment the relocatees could be paid. If the computed &quot;offer&quot; is $7,200 or less, their down payment assistance will be limited to $7,200 including incidental expenses. The down payment and closing costs combined cannot exceed $7,200. '''No additional steps are necessary'''.<br /> <br /> If the rental subsidy offer exceeds $7,200, payment will be made under the provisions of last resort and will be limited to the computed rental subsidy amount including incidentals.<br /> <br /> In some cases, relocatees will need to know in advance the maximum payment they could receive before committing to the purchase of a replacement dwelling. If so, the information should be made available to them.<br /> <br /> The &quot;Computation Section&quot; of a Down Payment Claim Form can be used as a work sheet when computing down payment assistance. (Future reference to the &quot;Computation Work Sheet&quot; relates to the use of a Down Payment Claim Form in this manner.)<br /> <br /> :'''Line 1''': Insert the computed rental subsidy amount that was offered to the relocatee.<br /> <br /> :'''Line 2''': This line must reflect the documented amount that the relocatees actually paid down in the purchase of their replacement residential property. The closing statement, a copy of which is to be placed in the unit file, will normally show the amount of the down payment. If a closing statement was not prepared, obtain certified statements from both the relocatee and the lending agency verifying the amount of the down payment.<br /> <br /> :If the down payment assistance is being paid into escrow, the amount to be shown on this line is the down payment that the relocatees have committed to make in the purchase of their replacement residential property.<br /> <br /> :Documented construction and/or DS&amp;S improvement costs can be considered as having been &quot;paid down&quot; in the purchase of the replacement property.<br /> <br /> :'''Lines 3 thru 9''': Self-explanatory. (It is advisable to review [[#236.8.9 Relocation Assistance Program - Incidental Closing Costs|EPG 236.8.9(a) and (b)]], which relate to incidental closing costs before completing lines 5 thru 9.)<br /> <br /> :'''Lines 10 and 11''': Line 10 is provided to include the points paid by the relocatees in financing their replacement dwelling. Line 11 should reflect any loan origination and/or service fees paid by them.<br /> <br /> :'''Line 12''': Self-explanatory.<br /> <br /> :'''Line 13''': This line has been included on the form to ensure that any previously paid rental subsidy payment will be deducted from the relocatees' down payment assistance. A deduction of this type will be necessary if a relocatee who originally rents a replacement dwelling unit and claims a rental supplement payment later, but within the first year after displacement, purchases a DS&amp;S replacement and claims down payment assistance.<br /> <br /> :&quot;Total Amount Claimed&quot; is self-explanatory.<br /> <br /> '''(1) Use of Claim Form Computation Work Sheet in Multi - Occupancy of Same Single - Family Dwelling'''.<br /> <br /> Should eligible individuals and/or families who are displaced from the same single-family dwelling purchase and occupy different DS&amp;S replacement dwellings, each will be entitled to a separate payment.<br /> <br /> Each eligible party's payment can be computed by using the computations section of the [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Down%20Payment%20Claim%20Form%20236.8.12.5.pdf RA Claim Form 236.8.12.5] in the following manner. The procedure must be completed for each eligible party.<br /> <br /> Review EPG 236.8.12.3, which provides instructions for use of the claim form as a payment computation work sheet.<br /> <br /> :'''Lines 1 thru 11''': Complete in the normal manner. Use the total unprorated rental subsidy on line 1.<br /> <br /> :'''Line 12''': Divide the total of lines 9, 10 and 11 by the '''total''' number of separate parties that occupied the subject unit and insert the resulting figure on line 12.<br /> <br /> :'''Line 13''': Self-explanatory.<br /> <br /> '''(2) Use of Claim Form Computation Work Sheet When Computing Last Resort Payment For Tenants'''<br /> <br /> Review [[236.8 Relocation Assistance Program#236.8.12.1 General Policy|EPG 236.8.12.1(b)(1)a]], before proceeding.<br /> <br /> Type &quot;LAST RESORT PAYMENT&quot; in capital letters across the top of the claim form.<br /> <br /> :'''Lines 1 thru 13''': Instructions for completing these lines as provided in EPG 236.8.12.3, are fully applicable.<br /> <br /> ===236.8.12.4 Advance Down Payment Assistance===<br /> <br /> When relocatees do not desire to use their existing resources, to make a down payment on a replacement dwelling prior to receiving the payment, it is permissible to process their claim for advance payment.<br /> <br /> Review [[236.8 Relocation Assistance Program#236.8.8.1 General Policy|EPG 236.8.8.1(a)]], which is generally applicable for down payment assistance and provides the conditions under which advance payments will be made. This Section, is fully applicable to down payment assistance; however, Escrow Agreement Form 236.8.8.1(b), is not applicable. Use the Down Payment Escrow Agreement discussed in following subparagraph (a) when down payment assistance is involved.<br /> <br /> '''(a) Down Payment Escrow Agreement (See [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Down%20Payment%20Escrow%20Agreement%20Form%20236.8.12.4.pdf RA Form 236.8.12.4(a)])'''<br /> <br /> The escrow payment procedure is normally desirable in making an advance payment if the seller of the replacement dwelling is agreeable to closing the transaction and permitting the relocatees to occupy the dwelling prior to receipt of the entire purchase price with the condition that the relocation payment will be placed in escrow for immediate delivery after the relocatees purchase and occupancy eligibility requirements are fulfilled.<br /> <br /> The following actions should be taken when the escrow payment procedure is used:<br /> <br /> :'''Step 1''': The Relocation Agent and relocatees should mutually agree on a qualified Escrow Agent other than the real estate firm that is handling the sale of the replacement property to the relocatees. Reasonable escrow fees, which should always be predetermined, can be paid by the department as routine relocation incidental expenses.<br /> <br /> :'''Step 2''': District personnel should fill out a &quot;Down Payment Escrow Agreement,&quot; RA Form 236.8.12.4(a), in the following manner.<br /> <br /> :List the names of all relocatees who are eligible to receive the payment in the first blank space as &quot;Purchasers.&quot; Insert the name of the Escrow Agent in the second space.<br /> <br /> :Compute the amount to be shown in the third paragraph of the agreement by using a Down Payment Claim Form [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Down%20Payment%20Claim%20Form%20236.8.12.5.pdf (Form 236.8.12.5)] as a work sheet.<br /> <br /> ::(1) Complete lines 1, 2 and 3 in the routine manner. Line 2 will reflect the down payment amount that the relocatees agreed to pay when they obtained their loan commitment from the lending agency which is financing the purchase of their replacement dwelling.<br /> <br /> ::(2) Mark line 9 &quot;N/A.&quot;<br /> <br /> ::(3) Insert the amount shown on line &quot;Total Amount Claimed&quot; of the computation sheet (Claim Form) in the third paragraph of the Escrow Agreement.<br /> <br /> '''NOTE''': The computed amount to be shown in the third paragraph of the agreement does not include any incidental closing costs, fees or points.<br /> <br /> The amount to be shown in the first numbered paragraph of the agreement, which relates to the amount to be deposited with the Escrow Agent, is the same amount that was shown in the preceding paragraph of the agreement.<br /> <br /> The amount to be shown in the fifth numbered paragraph of the agreement is the same amount that was shown on line &quot;Total Amount Claimed&quot; of the above-referenced computation sheet, the computation sheet that was used in computing the amount inserted in the third paragraph of the agreement.<br /> <br /> :'''Step 3''': The agreement must be signed by all relocatees whose names appear in the first paragraph of the agreement as &quot;Purchasers&quot; who executed the agreement, the escrow agent and the department.<br /> <br /> :The wording in the fourth numbered paragraph of the agreement should be interpreted to mean that the escrow agent will check with the district prior to releasing the payment so that the district can ensure that all payment eligibility requirements have been fulfilled. This requirement should be explained at the time the escrow agent's copy of the agreement is signed.<br /> <br /> :'''Step 4''': Give one copy of the agreement to the relocatees, one copy to the escrow agent and retain original for the unit file.<br /> <br /> :'''Step 5''': Assist the relocatees in completing and filing their down payment assistance claim.<br /> <br /> :Should the relocatees purchase a replacement under a binding purchase agreement or under any other arrangement that would cause the wording in the second numbered paragraph to be inaccurate, advise the Right of Way Section.<br /> <br /> :If relocatees, who intend to obtain a replacement other than through outright purchase of a DS&amp;S replacement dwelling, request an &quot;advance&quot; down payment, advise the Right of Way Section.<br /> <br /> :Escrow fees should not be paid until the escrow agent has provided a signed receipt as required in the fourth numbered paragraph of the Escrow Agreement.<br /> <br /> '''NOTE''': As previously explained, escrow deposits do not include incidental closing costs as the amount of these costs will not be known at the time the escrow deposit is made. Paragraph 5 of the Escrow Agreement states that the relocatees must make an actual down payment in the purchase of their replacement that is not less than the specified amount in order for the escrow deposit to be released. In nearly every case, the relocatees will have progressed far enough with the purchase of their replacement by the time the Escrow Agreement is signed to ensure that they will make the specified down payment. It is possible, with district Right of Way Manager’s approval, to authorize the escrow agent to release a lesser amount than the total escrow deposit to the relocatees and refund the balance to the department if the relocatees' actual down payment is less than the amount paid into escrow. The relocatees can claim the applicable portion of their incidental closing costs in a later claim.<br /> <br /> '''(b) Include Escrow Agent as Payee on Check'''<br /> <br /> When a Down Payment Escrow Agreement is used, list the payees on the back of the claim form in the following manner:<br /> <br /> &quot;(Escrow Agent's name), Escrow Agent for (list all relocatees who signed claim).&quot;<br /> <br /> The claim payment check should reflect the payees in the same manner.<br /> <br /> ===236.8.12.5 Down Payment Claims===<br /> <br /> '''(a) When Filed'''<br /> <br /> Down payment claims will not be filed until an eligible relocatee has purchased and occupied a DS&amp;S replacement dwelling '''unless''' the advance payment procedures discussed in the preceding paragraphs are used.<br /> <br /> Down payment assistance claims from tenants must be filed with the department no later than 6 months after the expiration of the one-year period discussed in [[236.8 Relocation Assistance Program#236.8.11.2 Payment Eligibility Requirements|EPG 236.8.11.2(a)(3)]].<br /> <br /> '''(b) Down Payment Claim Form (See [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Down%20Payment%20Claim%20Form%20236.8.12.5.pdf RA Form 236.8.12.5])'''<br /> <br /> Down Payment RA Claim Form 236.8.12.5 must be used in claiming down payment assistance.<br /> <br /> Any member of the district right of way staff is authorized to assist the relocatee in computing the payment and in completing the claim form. The claim and accompanying documentation must be carefully checked after it is received in the district and prior to submission to the Right of Way Section for payment.<br /> <br /> The claim form is designed to enable eligible relocatees to include incidental closing costs. Instructions applicable to incidental closing costs and the manner in which they should be included on this type claim form are provided in [[#236.8.9.2 Claim Forms|EPG 236.8.9.2(b)]].<br /> <br /> The &quot;Computations&quot; section of the claim should be completed as discussed in [[236.8 Relocation Assistance Program#236.8.12.3 Payment Computations|EPG 236.8.12.3]].<br /> <br /> '''(c) Required Documentation'''<br /> <br /> :'''(1) Routine Claims Submitted After Replacement Purchased'''<br /> <br /> :Copies of the &quot;closing statement&quot; showing the amount of the actual down payment made must be attached to the original copy of the claim form when submitted by the relocatee. Also attach a copy of any &quot;sales agreement&quot; that was used in the transaction.<br /> <br /> :If the closing statement does not clearly show the amount of the actual down payment made by the relocatee or if a closing statement was not prepared, the relocatee must provide a notarized statement signed by both the buyer and seller certifying the amount paid down. Under this circumstance, the district should be sure prior to making the payment that the deed or sales contract by which the relocatee acquires the replacement dwelling is recorded in the office of the County Recorder of Deeds. See [[236.8 Relocation Assistance Program#236.8.1.5 Ownership Qualifications|EPG 236.8.1.5(c)]] if a sales contract is involved.<br /> <br /> :In addition, copies of paid receipts must be included to prove all incidental costs claimed if they were not included in a closing statement and any other documentation necessary to support all of the costs and payments included in the claim for reimbursement.<br /> <br /> :If construction costs are considered as having been paid down in the purchase of the replacement property, these costs must be documented by paid receipts or other proof.<br /> <br /> :All documentation is to be retained in the district unit file and is not to accompany claims submitted to the Right of Way Section for payrolling.<br /> <br /> :'''(2) Advance Claims Submitted Under Escrow or Relocation Housing Possession Agreement Provisions'''<br /> <br /> :Advance claims covered by a signed Escrow or Relocation Housing Possession Agreement do not require additional attached documentation. Documentation as required in preceding paragraph (1) must be obtained for the unit file before or at the time the escrow payment is released.<br /> <br /> :The down payment amount set out in an &quot;Escrow Agreement&quot; must be the same amount as reflected in the advance claim unless approval for a different payment amount was approved by the Right of Way Section under the procedure discussed in the NOTE at the end of [[236.8 Relocation Assistance Program#236.8.12.4 Advance Down Payment Assistance|EPG 236.8.12.4(a)]].<br /> <br /> :After the closing has occurred and payment has been delivered to the relocatee by the Escrow Agent, a signed receipt will be available for the file as required in the Escrow Agreement.<br /> <br /> :Advance claims submitted under the escrow provision must be accompanied by a copy of the executed &quot;Down Payment Escrow Agreement&quot; when forwarded to the Right of Way Section for payment.<br /> <br /> :'''(3) Incidental Costs Must Be Documented'''<br /> <br /> :All incidental costs claimed must be shown in the closing statement. If a closing statement was not prepared, expenditures must be supported by paid receipts.<br /> <br /> '''(d) Direct Payment to Seller of Replacement Dwelling'''<br /> <br /> The relocatees' payment will be made directly to the seller of the replacement dwelling '''if''' the relocatees specifically request it in writing.<br /> <br /> The relocatees' written request must (1) clearly state their desires, (2) name the specific persons to whom they want the check made payable, (3) include a statement that the parties named are the grantors of the dwelling they are acquiring to replace the dwelling unit from which they are being displaced by the department, (4) that the payment is being applied to the purchase price of their replacement dwelling, and (5) that they take full responsibility for the completeness and accuracy of the grantors' names and that they fully understand that the department will not be responsible for the omission of any person from the payment who has an interest in the replacement property. The payment will not be divided. The entire amount due must be paid in one check to the same party or parties.<br /> <br /> The front of the down payment claim form should be completed and executed by the relocatees in the routine manner. The district must show the person or persons to whom the check is to be made payable in the appropriate space at the top of the back side of the form. Under &quot;Comments&quot; explain that the payment is being made to the grantor of the replacement dwelling as requested by the relocatees. Attach a copy of the relocatees' written request for direct payment to each copy of the claim form.<br /> <br /> ==236.8.13 Relocation Assistance Program - Last Resort Housing==<br /> <br /> ===236.8.13.1 General Explanation===<br /> <br /> As noted in preceding sections, the Uniform Relocation Regulations establish maximum payment limitations for the various types of RHPs. The regulations also prohibit acquiring agencies from causing residential occupants to move from their dwellings unless comparable DS&amp;S replacement housing has been made available to them.<br /> <br /> Without relief from these limitations and prohibitions, it would not be possible to proceed with a project when the only replacement dwellings available require RHPs in excess of the maximum payment limitations or when there is no existing replacement housing available. Relief is provided in the Uniform Regulations which authorize Last Resort Housing Payments.<br /> <br /> These payments can be made available under the Last Resort Housing Program when there is reasonable likelihood that the project will not be able to proceed in a timely manner because comparable DS&amp;S replacement housing cannot otherwise be made available to the residential relocatees.<br /> <br /> The department is given broad latitude in providing replacement housing under this program, providing that the costs are reasonable and the measures taken to provide last resort housing are cost effective.<br /> <br /> '''(a) Methods of Providing Last Resort Replacement Housing'''<br /> <br /> Practically any reasonable and cost effective procedure can be used in providing last resort replacement housing. The methods of providing last resort housing include, but are not limited to:<br /> <br /> :'''1'''. Rehabilitation of and/or additions to an existing replacement dwelling.<br /> <br /> :'''2'''. The construction of a new replacement dwelling.<br /> <br /> :'''3'''. The relocation of an existing dwelling and, if necessary, its rehabilitation.<br /> <br /> :'''4'''. The purchase of land and/or a replacement dwelling by the department and sale or lease to the relocatee.<br /> <br /> :'''5'''. Changes as necessary in a replacement dwelling to enable it to accommodate a disabled relocatee.<br /> <br /> :'''6'''. The provision of a direct loan that requires a regular amortization or deferred payment. The loan may be unsecured or secured by the real property. It may bear interest or be interest free. This procedure cannot be applied in lieu of a RHP but used only when a relocatee cannot otherwise secure financing. <br /> <br /> :'''7'''. A replacement housing, down payment or rental subsidy payment that exceeds the maximum payment limitations for the type payment involved.<br /> <br /> Procedure 7 will normally be the most cost effective way to provide suitable last resort replacement housing. In this case, a comparable DS&amp;S replacement will be available but the computed RHP based on such replacement will exceed the maximum payment limitation. When justified, approval will be granted to pay the computed amount as a last resort payment.<br /> <br /> Under limited conditions, in areas where replacement housing is in short supply, it may be permissible for the department to rent an available replacement unit and hold it open for tenants that will be displaced by a project. It may also be permissible for the department to rent a dwelling that is being acquired as right of way for a project if it becomes vacant prior to acquisition or prior to the date possession is obtained by the department to ensure that it will not be rented to subsequent occupants. Neither procedure will be considered routine and will be used only in those cases where it is clearly in the department's best interest to do so. <br /> <br /> '''(b) Last Resort Housing Plan'''<br /> <br /> All last resort RHPs must be approved in advance by the district Right of Way Manager.<br /> <br /> '''(c) Additional Information Relating to Last Resort Payments'''<br /> <br /> :'''1'''. All types of last resort housing payments will be properly coded on relocation payrolls to the appropriate activity, object and sub-object codes.<br /> <br /> :'''2'''. If any part of a RHP is last resort, the entire payment will be last resort. There is no instance when only the portion of a payment that exceeds the maximum dollar limitation is &quot;charged&quot; to last resort.<br /> <br /> :'''3'''. Once approved for last resort, the payment will be properly coded for “last resort” payment even though the actual payment does not exceed the maximum payment limitation as originally anticipated.<br /> <br /> :'''4'''. Any RHP to a relocatee with less than 90 days occupancy will be considered a last resort payment.<br /> <br /> :'''5'''. Relocatees cannot be forced to accept the replacement made available under last resort, without their written consent, in lieu of any acquisition '''or''' relocation payment for which they are otherwise eligible.<br /> <br /> :'''6'''. The department's obligation to ensure that a comparable DS&amp;S replacement dwelling is available shall be met when a dwelling, or assistance necessary to provide a dwelling, is offered under the Last Resort Program.<br /> <br /> Do not hesitate to request advice and/or assistance from the Right of Way Section when the necessity for a last resort housing payment is experienced.<br /> <br /> ==236.8.14 Relocation Assistance Program - Possession Policies and Vacancy Notices==<br /> <br /> ===236.8.14.1 General Information===<br /> <br /> '''(a) Owner-Occupants'''<br /> <br /> :'''(1) Acquired Through Negotiated Settlement'''<br /> <br /> :Owner-occupants can retain possession of improved properties acquired from them through negotiated settlement for a 90-day period after the right of way payment is made to them or their Escrow Agent. If the parcel is vacated prior to the end of the 90-day possession period, possession will be taken by the department immediately after vacancy. This policy applies to residential units, businesses and/or farm buildings and those owned by nonprofit organizations.<br /> <br /> :When unimproved and/or vacant property is acquired by negotiated settlement, both title and possession pass to the department at the time the owners or their Escrow Agent is paid for the right of way involved.<br /> <br /> :'''(2) Acquired by Condemnation'''<br /> <br /> :Owner-occupants of improved property acquired by condemnation shall be granted 30 days' possession after they are provided a &quot;Notice to Vacate&quot; by the department. The &quot;Notice to Vacate&quot; will be mailed immediately after the owners' condemnation commissioners' award is paid into court. '''However, any displaced owner-occupant of a principal place of residence shall have one hundred days from the date the commissioners’ report is filed with the court'''.<br /> <br /> :If unimproved and/or vacant property is acquired through condemnation, the department is entitled to possession ten days after the condemnation commissioners' award is paid into court unless the court grants the property owners additional time to deliver possession.<br /> <br /> '''(b) Owner-Non-occupants'''<br /> <br /> The possession periods and the possession policies established in the preceding paragraphs also apply for owners of occupied properties who do not themselves occupy the subject parcel.<br /> <br /> If tenants occupy the subject property, the owners are entitled to any rental fees during the possession period. Rentals are to be paid directly to owners by the tenants and such owners are responsible for any building or utility repairs and/or maintenance that becomes necessary during that period.<br /> <br /> The department will take immediate possession of tenant-occupied property that is vacated prior to the end of the authorized vacancy period '''unless''' there are items of personal property or unharvested garden products remaining on the subject parcel after the tenants have moved. If these items remain on the property, it will be necessary, prior to the district taking possession, for both the property owners and the former tenants to agree in writing that the property has been vacated and that they claim no further interest or occupancy rights in it. The district can prepare a letter, addressed to the department, for the owners and tenants to sign which clarifies this point. (If the owners were granted a salvage removal period, possession cannot be taken by the department until the possession period has expired or until the salvage has been removed, whichever occurs first).<br /> <br /> Owners can, if they so desire, elect to surrender immediate possession of the subject property, in which case, they shall not be entitled to rental fees paid after the possession date and will not be responsible for building maintenance and repairs after that date.<br /> <br /> '''(c) Tenants'''<br /> <br /> Tenants will be responsible to the owners for rental fees due and payable during the owners' authorized possession period and to the department if they continue to occupy the property after the end of the owners' authorized possession period.<br /> <br /> No tenant, or owner-occupant, may be forced by the department to vacate an improved property without being provided at least 90-days written notice of the required vacancy date. '''However, any displaced owner-occupant of a principal place of residence acquired by condemnation shall have one hundred (100) days possession from the date the commissioners’ report is filed with the court'''. If the property owners elect not to retain possession of the property for the 90-day possession period as discussed, the tenants will be advised in writing to submit their rental payments to the district office. Under this circumstance, an Extension of Possession Agreement will not be required to cover the period between the time the owners' possession terminates and the vacancy date set out in the tenants' 90-day vacancy notice '''but''' will be required if the tenants retain possession after the vacancy date specified in their 90-day vacancy notice. Transmit rental payments collected under this condition to the Right of Way Section and explain the circumstances involved.<br /> <br /> Landlords normally have the right to require tenants to vacate right of way parcels during their authorized possession period. This action is strictly between the owners and tenants and department personnel must not become involved. Department personnel will not in any way be held responsible for actions taken by the landlord.<br /> <br /> '''(d) Decent, Safe and Sanitary Residential Replacement Property Must Be Available'''<br /> <br /> :'''(1) Owner-Occupants and Tenants With 90 Days Prior Occupancy'''<br /> <br /> :Residential owner-occupants and residential tenants who were in occupancy of the dwelling unit from which they are being displaced for at least 90 consecutive days prior to the initiation of negotiations for the subject parcel must not be forced by the department to vacate until a comparable or better DS&amp;S replacement unit is made available to them.<br /> <br /> :Every effort must be made to enable relocatees to select the option they desire in obtaining their replacement, however, relocatees cannot refuse to vacate the subject parcel if replacement housing that meets the previously discussed criterion is available to them even though they preferred to change their status from owners to tenants or vice versa.<br /> <br /> :'''(2) Owner-Occupants and Tenants With Less Than 90 Days Prior Occupancy and Subsequent Occupants'''<br /> <br /> :[[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(c)(2) and (3)]], and [[236.8 Relocation Assistance Program#236.8.6.1 Payment Eligibility|EPG 236.8.6.1(b)]], explain the department's obligation to provide replacement housing for residential subsequent occupants who were not in occupancy at the initiation of negotiations but who were in occupancy at the time the subject dwelling was acquired by the department.<br /> <br /> :These occupants cannot be forced to vacate by the department until the required replacement housing has been made available to them.<br /> <br /> :'''(3) Residential Occupants Who Are Not in Legal Occupancy of Subject''' <br /> <br /> :The department normally has no obligation to provide replacement housing for non-legal occupants of residential housing.<br /> <br /> :Advise the Right of Way Section when non-legal occupants are encountered.<br /> <br /> '''(e) Evictions and Forced Vacancies'''<br /> <br /> The Chief Counsels Office shall handle all evictions and actions required to force delivery of possession. When this need arises, contact the regional counsel, or if none is available, Chief Counsels Office.<br /> <br /> '''(f) Partial Displacements'''<br /> <br /> Possession policies discussed in the preceding paragraphs (a), (b), (c) and (e), also apply when partial displacements are involved. See the definition of &quot;partial displacement&quot; in [[236.8 Relocation Assistance Program#236.8.1.3 Definitions|EPG 236.8.1.3(e)]].<br /> <br /> '''(g) Displacements Created by Landlocking Parcels'''<br /> <br /> Owners and tenants who are displaced due to their improvements and/or personal property being located on land that is being landlocked due to an acquisition must be notified at least 90 days before their access is removed.<br /> <br /> The applicable vacancy notices discussed in following [[236.8 Relocation Assistance Program#236.8.14.2 Notice to Vacate|EPG 236.8.14.2]], can be used in providing the notice '''except''' that some of the wording must be changed to fit the situation.<br /> <br /> ===236.8.14.2 Notice to Vacate===<br /> <br /> '''(a) General Information'''<br /> <br /> All vacancy notices provided to relocatees by the department, with the exception of the advanced vacancy notice discussed in EPG 236.8.14.2(d)1(a), must give a specific vacancy date.<br /> <br /> If vacancy dates are extended, the relocatees must be advised in writing. The relocatees' &quot;Extension Notice&quot; must provide a new vacancy date.<br /> <br /> Vacancy notices are not required if occupants move of their own volition prior to the time the department issues 90-Day notices.<br /> <br /> Only the vacancy notices provided herein are to be used and they must not be changed or altered except as specifically authorized in this section of the manual without prior approval by the Right of Way Section. All vacancy notices should be sent by certified mail or hand delivered.<br /> <br /> The notices discussed in the following subparagraphs apply regardless of whether the displacement involves an individual, family, business, farm operation or nonprofit organization.<br /> <br /> '''(b) Owners - Negotiated Settlements'''<br /> <br /> Right of Way Escrow Agreements will be used in all cases when improved properties are acquired from owners through negotiated settlement. The displaced owners will execute the approved Escrow Agreement discussed in [[236.7 Negotiation#236.7.4.2 Escrow Agreements|EPG 236.7.4.2 Escrow Agreements]]. It specifies that owners agree to vacate the subject property and deliver peaceable possession thereof to the department within a specified period.<br /> <br /> When a right of way Escrow Agreement is used, the property owners must be advised by certified mail when their right of way payment is delivered to the escrow agent and the date that vacancy or possession is required.<br /> <br /> When partial displacements are involved, and an escrow agent is not used, provide the owners with an [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Vacancy%20Notice%20Negotiated%20Stmt%20Partial%20Disp%20Form%20236.8.14.2.B.docx RA Form 236.8.14.2(b)] as soon as they receive the right of way payment.<br /> <br /> '''NOTE''': A review of the Negotiator's Report or, if used, the optional Acquisition Statement [http://eprojects/Templates/RW/Chapter%208_Relocation/Acquisition%20Statement%20Form%20236.8.5.8.B.pdf RA Form 236.8.5.8(b)], will reveal whether or not an Escrow Agreement was used in the acquisition of the subject parcel.<br /> <br /> '''(c) Tenants - Negotiated Settlements'''<br /> <br /> :'''(1) Total Displacements ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Vacancy%20Notice%20Negotiated%20Settlement%20Total%20Displ%20Tenants%20Form%20236.8.14.2.C.1.docx RA Form 236.8.14.2(c)1])'''<br /> <br /> :RA Form 236.8.14.2(c)1 is to be used in providing vacancy notices to tenants who are totally displaced by an acquisition.<br /> <br /> :In the second paragraph show the mailing address of the subject right of way parcel regardless of whether it is urban or rural property.<br /> <br /> :The vacancy date will be the last day of the 90-day period discussed in [[236.8 Relocation Assistance Program#236.8.14.1 General Information|EPG 236.8.14.1(a)1]].<br /> <br /> :The vacancy notice must be mailed (certified) to the tenant immediately after the right of way consideration is paid to the property owners or to their Escrow Agent.<br /> <br /> :Retain a dated copy of the notice for the unit file.<br /> <br /> :'''(2) Partial Displacements'''<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Vacancy%20Notice%20Negotiated%20Stmt%20Partial%20Disp%20Form%20236.8.14.2.B.docx RA Form 236.8.14.2(b)], which has been previously discussed in EPG 236.8.14.2(b), is also applicable for use when a tenant is involved in a partial displacement negotiated settlement.<br /> <br /> :In this case, the name of the property owners from whom the right of way was acquired must be inserted in the first space in the second paragraph of the form.<br /> <br /> :The form will be mailed (certified) to the tenant immediately after the owners or their Escrow Agent is paid the negotiated right of way consideration.<br /> <br /> '''(d) Owner-Occupants and/or Tenants - Condemnation'''<br /> <br /> :'''(1) Total Displacements'''<br /> <br /> ::'''(a) First Vacancy Notice – Owner-Occupants (not displaced from their principal place of residence)/Tenants ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20-%20Cond%20Tot%20Displ%20Tenant%20and%20owner%20Form_236.8.14.2.D.1A.docx RA Form 236.8.14.2(d)1(a))])'''<br /> <br /> ::Displaced owner-occupants (not displaced from their primary place of residence) and tenants who are totally displaced must be provided two separate vacancy notices when the property they occupy is being acquired through condemnation.<br /> <br /> ::The first notice must be mailed (certified) to the '''Owner-Occupants (not displaced from their principal place of residence)''' tenants as soon as a condemnation petition covering the subject property has been filed in court.<br /> <br /> ::RA Form 236.8.14.2(d)1(a) must be used in providing this first vacancy notice.<br /> <br /> ::Address two copies of RA Form 236.8.14.2(d)1(a) to the property owners or tenants and mail the originals to the tenants.<br /> <br /> ::'''(b) Final Vacancy Notice Owner-Occupants (not displaced from their principal place of residence)/Tenants ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Cond%20Total%20Disp%20Form%20236.8.14.2.D.1.B.docx RA Form 236.8.14.2(d)1(b)])'''<br /> <br /> ::The final notice must be mailed (certified) to the '''Owner-Occupants (not displaced from their principal place of residence)''' and tenants as soon as the condemnation commissioners' award covering the subject property is paid into court.<br /> <br /> ::The vacancy date to be quoted in this notice should normally be the 30th day after the anticipated date that the relocatees will receive the notice. The vacancy date in the &quot;Final Vacancy Notice&quot; should never be sooner than 90 days after the date that the &quot;First Vacancy Notice&quot; was provided to the relocatees. Follow the same steps discussed in preceding subparagraph (a) in providing this notice to the relocatees.<br /> <br /> ::Should the property owners change their minds after the first notice was mailed and settle without the necessity of condemnation, the instructions and information previously provided relating to negotiated settlements will generally apply. However, since the owner has been provided a vacancy notice giving at least 90 days, the normal procedure of giving 90 days from the date of payment is not applicable. The Escrow Agreement should be modified to recite that the previous 90 days' notice is still in effect. A 30-day notice should be given when the right of way payment is delivered to the Escrow Agent. Should the settlement with the owner specify a full 90-day possession period, follow procedures outlined in normal negotiated settlements. This full 90-day period after payment would be considered an administrative settlement and normally require division approval. Prior to making this type of settlement, full consideration must be given to the letting date for the project.<br /> <br /> ::If tenants are involved, they should be sent a vacancy notice ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Vacancy%20Notice%20Negotiated%20Settlement%20Total%20Displ%20Tenants%20Form%20236.8.14.2.C.1.docx RA Form 236.8.14.2(c)(1)]).<br /> <br /> ::'''(c) Final (ONLY) Vacancy Notice – Condemnation-Owner Occupants - Displaced from primary place of residence ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Condemnation%20Total%20Form%20236.8.14.2.D.1.C.docx RA Form 236.8.14.2(d)1(c)])'''<br /> <br /> ::The final and only vacancy notice (Form 236.8.14.2(d)1(c)) must be mailed (certified) to the owner occupants as soon as the '''condemnation commissioners' report is filed with the court'''. This is the only vacancy notice that will need to be sent to an owner occupant displaced from their primary place of residence. This vacancy notice will allow the displacee 100 days of possession from the date the commissioner’s report is filed with the court.<br /> <br /> :'''(2) Partial Displacements'''<br /> <br /> ::'''(a) First Vacancy Notice ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Condemnation%20partial%20discplacement%20Form%20236.8.14.2.D.2.A.docx RA Form 236.8.14.2(d)2(a)])'''<br /> <br /> ::Displaced owner-occupants, owners who are non-occupants and tenants who are involved in a partial displacement subject condemned must be provided two vacancy notices in the same manner as when a total displacement is involved as discussed in the two preceding subparagraphs. The instructions provided in those paragraphs therefore apply in this situation.<br /> <br /> ::The first notice must be provided on RA Form 236.8.14.2(d)2(a).<br /> <br /> ::'''(b) Final Vacancy Notice ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Condemnation%20Form%20236.8.14.2.D.2.B.docx RA Form 236.8.14.2(d)2(b)])'''<br /> <br /> ::This procedure and instructions provided in EPG 236.8.14.2(d)(1)(b) also apply in this situation except that RA Form 236.8.14.2(d)2(b) will be used in providing the final notice to the relocatees.<br /> <br /> ::'''(c) Multi-Unit Buildings or Property'''<br /> <br /> ::When multi-unit buildings or properties are involved, each separate individual and/or family must be provided separate vacancy notices.<br /> <br /> ::'''(d) Multi-Occupancy - Same Single-Family Dwelling Unit'''<br /> <br /> ::Send a separate vacancy notice to each separate individual and/or family involved.<br /> <br /> ::'''(e) Non-Occupant Owners - Partial Displacements'''<br /> <br /> ::It is possible for owners who do not actually reside on the subject to become involved in a partial displacement by owning personal property located thereon.<br /> <br /> ::If a negotiated settlement is involved, follow the instructions provided in preceding EPG 236.8.14.2(b), and use the vacancy notice bearing the same number.<br /> <br /> ::If condemnation is required to obtain the right of way parcel, follow the instructions provided in EPG 236.8.14.2(d)(2)(a), and (b).<br /> <br /> ::'''(h) Displacement Necessitated Because Mobile Home Park Discontinued Due to Severity of Right of Way Acquisition ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Notice%20Tenants%20not%20within%20RW%20taking%20mobile%20home%20park%20deiscontinued%20Form%20236.8.14.2.H.docx RA Form 236.8.15.4(h)])'''<br /> <br /> ::'''If''' the department agrees that the owners of a mobile home park are '''justified''' in discontinuing their entire mobile home park operation due to the severity of a right of way acquisition and '''if''' the owners have announced their intentions to discontinue the operation, their tenants who are located on the remainder should be provided a copy of RA Form 236.8.14.2(h) at the time routine vacancy notices are provided to the mobile home tenants who are located within the right of way acquisition. If any of the tenants involved have not been previously contacted concerning the Relocation Program, the notices should be delivered in person by the assigned Relocation Agent. The agent must explain the Relocation Program to the tenants involved and advise them (1) that they will not be eligible for relocation assistance and payments if the mobile home park is still in operation one year after the department takes possession of the portion of the park that was acquired as right of way, (2) that they should not move from the property prematurely, and (3) that no relocation payments will be made unless and until the mobile home park operation has been completely discontinued at the subject site and they have moved from the property.<br /> <br /> ==236.8.15 Relocation Assistance Program - Appeals==<br /> <br /> ===236.8.15.1 Appeals of Offers and/or Ineligibility Decisions===<br /> <br /> The following actions are to be taken when relocatees are dissatisfied with the amount of any type of relocation offer or dissatisfied with a department decision that they are not eligible for a relocation payment.<br /> <br /> '''Step 1''': The relocation agent who made the offer, or who advised the relocatees of their ineligibility for payment, shall make a sincere effort to explain how the offer was computed and the facts on which it was based or why the relocatees are not eligible for a requested payment.<br /> <br /> If the payment has been properly computed and supported, as discussed in the preceding sections, or if the original ineligibility decision was correct, based on specific requirements outlined in this manual, the relocation agent should be able to convince the relocatees that department offers and decisions are fair, reasonable and in compliance with approved state and federal relocation policies.<br /> <br /> '''Step 2''': If the relocatees do not accept the relocation agent's explanation and still express dissatisfaction, they should be reminded of their right to appeal the offer or ineligibility decision to the district Right of Way Manager for administrative review.<br /> <br /> If they elect to do so, they must request the review in writing to the district office. No particular form is required in making this request, a simple letter will suffice. This request for review must be received within six months from the date the relocatee was notified in writing of ineligibility. After that date, no further appeal or administrative review action is available to the relocatee.<br /> <br /> '''Step 3''': Upon receipt of a request for administrative review the district Right of Way Manager shall review the records and documentation in the subject's unit file, discuss the original offer or ineligibility decision with the members of his/her staff who had a part in formulating it, inspect available replacement properties, when applicable, and take whatever additional action necessary to enable him or her to arrive at a decision concerning the accuracy of the subject offer or ineligibility decision.<br /> <br /> If the district Right of Way Manager concludes that the original offer is fair, reasonable and adequately supported or, if applicable, that the ineligibility decision is well founded and correct, he or she shall notify the relocatees and explain his/her decision and the basis for it. If the amount of the relocation offer is in dispute, the district Right of Way Manager must explain to the relocatees that they still have the right to file a claim for the amount they feel is accurate after they qualify for the type payment involved; and that, if the claim is rejected, they shall have the right to file a formal appeal as discussed in the Relocation Brochure. If an ineligibility decision is involved, the relocatees can still file a claim and formally appeal its rejection. The district Right of Way Manager must prepare and sign a memo for the file explaining the actions taken in conducting the review, his or her decision and the reason upon which it was based.<br /> <br /> If, however, the district Right of Way Manager concludes that the offer is not adequate, or that the ineligibility decision was in error, a memo shall be prepared for the file that explains the actions taken in conducting the review, the decision and the basis for it. If an offer is involved, which he or she finds was inadequate, it must be recomputed. The new offer computations must be attached to and made a part of the (district Right of Way Managers) memo, together with whatever other documentation is necessary to justify the revised offer and the necessity for it.<br /> <br /> The original relocation agent should re-contact the relocatees unless a conflict of personalities is involved between the agent and relocatees. If so, another relocation agent can be assigned or the district Right of Way Manager can make the contact and make the new offer or advise them of the change in their eligibility status. Revised offers must be in writing.<br /> <br /> Should the relocatees still not be satisfied with the revised offer, they should be reminded of their right to claim the amount they feel is correct and formally appeal if the claim is rejected.<br /> <br /> '''NOTE''': Relocatees who are reminded of their right to file a formal appeal, as required in the preceding paragraphs, should be advised that the Appeal Board is not bound by previous relocation offers and that the Board's findings, after considering all evidence presented by both the relocatees and the Missouri Department of Transportation, could result in reduced relocation payments.<br /> <br /> ===236.8.15.2 Notice of Claim Rejection ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Notice%20of%20Claim%20Rejection%20Form%20236.8.15.2.docx RA Form 236.8.15.2)]===<br /> <br /> Claims which are not in dispute, but which cannot be currently approved because they have been submitted prior to the time the relocatee has met the necessary payment eligibility requirements, can be held in abeyance in the district office until the requirements have been complied with and then processed for payment. Claims of this type should '''not''' be rejected and the instructions in this section do not apply. The claimant, in this type situation, should be advised by letter that the claim is being held in abeyance and why.<br /> <br /> Claims for disputed and/or unacceptable RHP which are submitted before the department has acquired the subject property must also be held in abeyance and neither approved or rejected until such property has been acquired. The claimants in this situation should be advised by letter that their claim is being held in abeyance and why, because the claim cannot be approved for payment until the subject property has been acquired.<br /> <br /> In every instance when a claim containing an amount that is unacceptable or one received from an ineligible relocatee is rejected, a Form RA 236.8.15.2 (Notice of Claim Rejection) must be prepared and delivered to the relocatees. This action should be taken within ten days after receipt of the claim, or when a premature disputed claim is involved, as discussed above, within ten days after the subject has been acquired by the department.<br /> <br /> If an administrative review has been previously conducted regarding the subject claim, the RA Form 236.8.15.2 can be mailed to the relocatees using certified mail with return receipt requested.<br /> <br /> If an administrative review has not been conducted, the assigned relocation agent shall deliver RA Form 236.8.15.2 in person, if possible, to explain the reason for the claim rejection. If not possible, it can be forwarded by certified mail.<br /> <br /> The date that the &quot;Notice of Claim Rejection&quot; [https://epg.modot.org/forms/RW/Chapter%208_Relocation/Notice%20of%20Claim%20Rejection%20Form%20236.8.15.2.docx (RA Form 236.8.15.2)] is presented to the claimant is critical as the 60-day period for filing a request for a formal appeal hearing begins at the time the notice is delivered. To establish an exact record of this action, the Relocation Agent who delivers the notice to the claimant, if it is hand delivered, must note on the bottom of the file copy the date, hour, place and to whom it was delivered. If the notice was mailed to the claimant, attach a copy of the delivery receipt to the file copy of the form.<br /> <br /> If mathematical errors, omissions or other simple mistakes are noted in the claim, merely return it to the claimant for correction without the use of an RA Form 236.8.15.2.<br /> <br /> If a claim is rejected because the relocatees moved to non DS&amp;S replacement housing, the Notice of Claim Rejection should advise that they can resubmit a claim if they move to and occupy a dwelling unit that meets DS&amp;S standards or, if they correct the DS&amp;S deficiencies in their existing replacement dwelling within the one-year time period allowed for purchasing/renting DS&amp;S replacement housing.<br /> <br /> ===236.8.15.3 Appeals of Claims===<br /> <br /> '''(a) Preparation and Submission of Disputed Claims'''<br /> <br /> In all cases a written claim must be filed by the relocatee and rejected by the department before a formal appeal is in order.<br /> <br /> When relocatees desire to file claims for amounts that cannot be justified by the district, they must be permitted to do so and encouraged to use the applicable department claim form even though it is obvious that the claim will be rejected.<br /> <br /> If the dispute concerns the relocatees' eligibility for payment, the payment amount may or may not have been computed by the department depending on the circumstances. If the amount that would have been due, had the relocatees been eligible for payment, has been computed, a department claim form can be completed and filed by the relocatees in the routine manner. If the amount has not been computed by the department because the relocatees were ineligible, all portions of the claim form must be completed in the routine manner '''except''' the portion related to payment computations. This portion of the form &quot;should&quot; be marked &quot;void&quot; and the following notation made therein: &quot;See attached sheet showing relocatees' payment computations.&quot; The relocatees &quot;should&quot; attach a sheet to the claim which explains how they arrived at the amount they are claiming. Relocatees cannot be forced to attach a computation sheet and/or explanation if they elect not to do so.<br /> <br /> If relocatees refuse to use a department claim form, they can submit a written claim in any manner they desire and the rejection thereof by the department will place them in position to file a formal appeal. Claims '''cannot''' be approved for payment unless they are submitted on the department's standard relocation claim forms.<br /> <br /> '''(b) Request for Appeal Hearing ([https://epg.modot.org/forms/RW/Chapter%208_Relocation/Request%20for%20Appeal%20Hearing%20Form%20236.8.15.3.docx RA Form 236.8.15.3])'''<br /> <br /> Any person dissatisfied by the rejection of a relocation payment claim has the right to file a written request for an appeal hearing with the district office in which the rejection occurred within 60 days after having been advised of the claim rejection. Submission of a relocation claim by a relocatee and payment thereof by the department prohibits either party from later disputing the amount of such payment and from appealing any decision related to the payment involved.<br /> <br /> Request for appeal hearings should be on a form furnished by the department for the purpose of the appeal (RA Form 236.8.15.3, Request for Appeal Hearing), but any notice in writing received by said district office indicating the nature of the complaint and desire for appeal shall be considered a valid notice.<br /> <br /> RA Form 236.8.15.3 is to be provided by the department for use by dissatisfied claimants in filing requests for appeal hearings. The form is considered to be self-explanatory. Be sure that an address to which notice of hearing is to be sent is provided by the claimant.<br /> <br /> Copies of all completed and executed &quot;Requests for Appeal Hearings,&quot; received in the district office are to be forwarded immediately to the Right of Way Section. The Right of Way Section will provide the Chief Counsel a copy of the relocatees' rejected claim, a copy of the appropriate Notice of Claim Rejection and a copy of the postal return receipt showing when the Notice of Claim Rejection was received by the relocatee.<br /> <br /> Should a request be received in the district office more than 60 days after the claimant had been notified that his/her claim was rejected, forward copies to the Right of Way Section with a letter of transmittal specifically pointing out the fact that it was received after the 60 day deadline.<br /> <br /> '''(c) Hearing'''<br /> <br /> Upon receipt of a copy of a &quot;Request for Appeal Hearing&quot; the Chief Counsel will designate an assistant counsel to hear the cause. Designated assistants shall notify the appellant by appropriate notice through registered or certified mail of the time and place fixed for the hearing which shall be reasonably convenient to claimant. The hearing examiner shall also notify the appropriate personnel in the Missouri Department of Transportation of the hearing. At the appointed time, the hearing will be called and conducted, in general, in accordance with Section 536.070, RSMo 1959. In the event the claimant or appellant does not appear after a delay of 30 minutes from the appointed time, the department will proceed with its evidence concerning the issues involved.<br /> <br /> If the claimants or their attorney request a continuance, the hearing examiner shall grant the same upon reasonable grounds to a day certain at which all parties will appear without further notice.<br /> <br /> A record must be made of all proceedings either by a recording device or by a qualified reporter. The hearing examiner shall use facilities or qualified personnel of the Missouri Department of Transportation for the transcription of proceedings, if available, but otherwise may employ qualified reporters.<br /> <br /> The hearing shall continue from day to day or as continued by the hearing examiner until all evidence is introduced.<br /> <br /> '''(d) Preparation of Evidence'''<br /> <br /> It is the district's responsibility to assemble adequate evidence to prove during the appeal hearing that the department's decision is correct.<br /> <br /> '''NOTE''': Relocatees who are not satisfied with the Appeal Board's decision can further appeal to the courts for final determination. Should this occur the courts will base their decisions solely on the &quot;Transcript of Evidence&quot; which is the written record of the testimony and evidence presented by both sides at the appeal hearing. It is therefore imperative that department personnel present a thorough and complete case during the appeal hearing and thereby perfect a conclusive record to prove that the department's determination was correct and well-founded. Photographs of the subject property and potential replacement properties should be made a part of the transcript when applicable.<br /> <br /> '''NOTE''': The department must permit a relocatee to inspect and copy all materials pertinent to his/her appeal except materials that are classified as confidential. The department can, however, impose reasonable conditions on the relocatees right to inspect and copy district records. Seek advice from the Right of Way Section when relocatees request permission to inspect and/or copy relocation records.<br /> <br /> '''(e) Transcript of Evidence'''<br /> <br /> If employees of the department are available and are used to transcribe testimony, the department will furnish to the appellant one copy of the transcript of proceedings without charge. If a reporter is employed, the claimant or appellant must make his/her own arrangements for a copy of the transcript including the expense thereof. All exhibits will be reproduced, if possible, through the use of facilities of the department by direction of the hearing examiner, in the interest of economy. The hearing examiner will cause to be reproduced four copies of the transcript - one shall be retained by him/her and three copies shall be forwarded to the central office at Jefferson City for use of the Appeal Board. The Appeal Board shall forward at least one copy to the Secretary to the Commission for a permanent record after the final order of the Appeal Board together with such order.<br /> <br /> '''(f) Subpoenas'''<br /> <br /> The hearing examiner shall, upon request of the claimant or his/her counsel or counsel for the Missouri Highways and Transportation Commission, issue subpoenas as authorized by Section 536.077, RSMo. 1959. A witness shall be entitled to tender of fees for travel and time as in civil cases, and enforcement of subpoenas shall be through application to a judge of the circuit court in the county in which the hearing is to be conducted or the circuit judge of the county in which the witness may be found. All requests for subpoenas shall be forwarded to the hearing examiner so that they may be issued by him/her and returned to the party involved for service at least 48 hours prior to the time fixed for the hearing. The responsibility for service of the subpoenas shall be that of the party requesting the issuance.<br /> <br /> '''(g) Proposed Order of Hearing Examiner'''<br /> <br /> The hearing examiner shall promptly after receiving the transcript and in any event within 30 days transmit his/her recommendations for proper order in the cause, together with supporting excerpts from the transcript and citations as to any applicable law, to the Appeal Board that shall promptly be convened to determine the cause.<br /> <br /> '''(h) Appeal Board'''<br /> <br /> Final authority, within the department, to hear and determine the cause involved shall be vested in an Appeal Board which shall consist of the Chief Engineer or a designated assistant, the Chief Counsel or a designated assistant, and the Asst. to the State Design Engineer - Right of Way or a designated assistant. The Chief Engineer or their representative shall serve as Chairperson of the Appeal Board. Each member shall have one vote. In the event the board shall, for cause, determine that additional evidence is necessary, it shall advise the parties and set a time for hearing same in the Missouri Highways and Transportation Commission Building at Jefferson City, Missouri, after at least five-day notice to the parties. Each member of the Board shall read the transcript or the recommended order of the hearing examiner and excerpts from the record and briefs or arguments submitted by the parties. The Appeal Board may thereupon adopt the recommendation of the hearing examiner as the final order or may, by majority vote, enter its own order. The Chairperson of the Appeal Board shall immediately thereafter forward to the parties involved to the claimant at his/her address as reflected by the transcript and to his/her counsel at his address as reflected by the transcript, a copy of the order entered by said Appeal Board, the original order being filed with the Secretary to the Commission.<br /> <br /> '''(i) Payment Procedure'''<br /> <br /> The Financial Services Division is directed to pay the amounts fixed by order of the Appeal Board or court when applicable in the same manner as judgments of courts of record are paid in right of way acquisition. Payments for transcripts or for reproduction of exhibits shall be charged as incidental costs.<br /> <br /> ==236.8.16 Relocation Assistance Program - Functional Replacement==<br /> <br /> ===236.8.16.1 Functional Replacement===<br /> <br /> MoDOT can incur costs for the functional replacement of real property in public ownership. The Functional Replacement program really amounts to an administrative settlement where recognition is given to the situation where cash compensation may be insufficient to restore the status quo as the result of acquiring a public facility such as a school, police or fire station, or local park. In a sense it is similar to a Last Resort Housing concept but is applied to publicly owned properties.<br /> <br /> Functional Replacement is defined as the replacement of real property, either lands or facilities, or both, acquired as a result of a highway or highway related project with lands or facilities, or both, which will provide equivalent utility.<br /> <br /> Functional Replacement is eligible for federal participation. The following procedure guidance will address the process for completing functional replacement actions with and without federal participation in the cost of the functional replacement. <br /> <br /> For application of this policy it is necessary that:<br /> :'''1'''. The property to be functionally replaced is in public ownership.<br /> :'''2'''. The Asst. to the State Design Engineer - Right of Way has concurred that functional replacement is in the best public interest, and has granted authorization to proceed on such basis prior to incurrence of costs.<br /> :'''3'''. The functional replacement actually takes place and the costs of replacement are actually incurred.<br /> :'''4'''. Replacement sites and construction are in compliance with existing codes, laws and zoning regulations for the area in which the facility is located.<br /> :'''5'''. The replacement facility will be in public ownership and will continue the public use function of the acquired facility.<br /> :'''6'''. The FHWA concurs in the MoDOT determination that functional replacement is in the public interest.<br /> :'''7'''. The real property is not owned by a utility or railroad.<br /> :'''8'''. MoDOT has informed the agency owning the property of its right to an estimate of just compensation based on an appraisal of fair market value and of the option to choose either just compensation or functional replacement.<br /> <br /> State and Federal funds have limits upon participation in functional replacement costs on the following basis: <br /> :'''1'''. The actual functional replacement cost of the facilities required to be replaced, and<br /> :'''2'''. The appraised current fair market value of the land to be acquired when the owning agency has land on which to relocate the facilities, or the reasonable costs of acquiring a functionally equivalent substitute site where lands in the same public ownership are not available or suitable.<br /> <br /> Costs of increases in capacity and other betterments are not eligible for payment under this procedure, except those necessary to replace utility; those required by existing codes, laws, and zoning regulations; and those related to reasonable prevailing standards for the type of facility being replaced.<br /> <br /> '''Procedures'''<br /> <br /> During the early stages of project development MoDOT officials should meet with the owning agency to discuss the effect of a possible acquisition and potential application of functional replacement procedures. The results of discussions and decisions concerning functional replacement should be included in negative declarations and environmental impact and section 4(f) statements if required on a project. The importance of early coordination with the owning agency cannot be overstressed. <br /> <br /> '''Stage #1: MoDOT/FHWA Preliminary Approval of District Functional Replacement Request'''<br /> <br /> If the owning agency desires functional replacement, it should initiate a formal request to MoDOT (the district Right of Way Manager). The owning agency’s request should include an explanation of the basis for its request and cost estimate data relative to contemplated solutions. The district Right of Way Manager should forward the request to the Asst. to the State Design Engineer - Right of Way along with a recommendation.<br /> <br /> If the Asst. to the State Design Engineer - Right of Way agrees that functional replacement is necessary and in the public interest, and State only funds are being utilized, the district will be authorized to proceed with the acquisition of a replacement site if replacement site land in the same public ownership is not available. The district should at this time also authorize the owning agency to proceed with the development of detailed plans, specifications, and estimates and together with the owning agency formulate a final draft functional replacement agreement to be executed by the project sponsor and owning agency. The agreement must include the following:<br /> <br /> :'''1'''. Language that sets forth the rights, obligations and duties of each party with regard to the facility being acquired, the acquisition of the replacement site, and the construction of the replacement facility.<br /> <br /> :'''2'''. Language that specifies that if replacement site land in the same public ownership is not available, the project sponsor agency (MoDOT/LPA) will acquire a replacement site in accordance with the Uniform Act.<br /> <br /> :'''3'''. Language that sets forth how the costs of the new facility are to be shared between the parties.<br /> <br /> :'''4'''. Provisions for the project sponsor’s inspection during construction of the replacement facility.<br /> <br /> :'''5'''. Language that authorizes payment of funds for construction of improvements into an escrow account and specify that progress payments will be made during the course of construction upon presentation of invoices, and a statement signed by an appropriate official for the owning agency that certifies the costs have actually been incurred.<br /> <br /> :'''6'''. Where major improvements are involved, language that specifies the procedures to be used for advertising for bids and letting of contract to construct the replacement facility. The owning agency may follow the general procedures utilized by the owning agency, if accepted by MoDOT.<br /> <br /> In all funding cases, the final draft of the functional replacement agreement will need to be reviewed and approved by Chief Counsels Office prior to its execution. <br /> <br /> In the case of federal participation in the actual cost of the functional replacement, the Asst. to the State Design Engineer - Right of Way must submit a request for FHWA concurrence. This request should include:<br /> <br /> :'''1'''. an explanation of the basis for request <br /> :'''2'''. cost estimate data relative to contemplated solutions <br /> :'''3'''. documentation of preliminary agreements reached at meetings between the project sponsor and the owning agency <br /> :'''4'''. statement that replacement property will be acquired in accordance with provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.<br /> <br /> The Asst. to the State Design Engineer - Right of Way will not authorize the district to proceed with the functional replacement until the Right of Way Section has received FHWA’s concurrence in the functional replacement.<br /> <br /> Following the District’s receipt of the Right of Way Section’s authorization to proceed, the project sponsor must complete a detailed analysis (separate from appraisal) of the existing public facility for the information’s later use in effectively completing a comparison of the proposed functional replacement structure with the existing facility.<br /> <br /> '''Stage #2: MoDOT /FHWA Authorization to Construct Replacement Facility'''<br /> <br /> The district must submit the owning agency’s final plans, specifications, and estimates (PS&amp;E) to the Right of Way Section for review and approval prior to the district authorizing the owning agency advertising for contractor bid proposals to construct the replacement facility. Betterments should be identified and accounted for separately. MoDOT will review the plans and validate the division between functional replacement and betterments. The owning agency is responsible for providing support documentation when proposing MoDOT or Federal funds to participate in cost of qualifying betterments. The PS&amp;E submittal must also include an executable (State funds only) or executed (Federal participation) functional replacement agreement between the project sponsor and the owning agency.<br /> <br /> In cases when there is no federal participation in the functional replacement, following the Right of Way Section’s review and approval of the PS&amp;E and functional replacement agreement, the district shall authorize the public entity to advertise and let the project to construct the replacement facility.<br /> <br /> In cases when there is federal participation in the actual cost of the functional replacement, the Right of Way Section must submit a request for construction authorization to Federal Highway Administration for their review and approval. This request must include a MoDOT approved:<br /> <br /> :'''1'''. Executed written agreement between the project sponsor and the owning agency.<br /> <br /> :'''2'''. Copy of plans, specifications, and estimates (PS&amp;E). <br /> <br /> :'''3'''. Statement identifying the procedures that owning agency will use to advertise for bids and let the contract. <br /> <br /> :'''4'''. In most cases the Right of Way Section will be submitting a request to modify the originally approved right of way authorization for the purpose of including the functional replacement action.<br /> <br /> A representative of the project sponsor agency (MoDOT/LPA) will be responsible for doing an on-site inspection and approving each invoice for payment by the escrow company.<br /> <br /> '''Stage #3: Closeout of Functional Replacement Acquisition:'''<br /> <br /> A certification statement that includes the following assurances will need to be signed by the project sponsor and the owning agency at the time of the owning agency’s request for final payment:<br /> <br /> :'''1'''. That the cost of replacement facility has actually been incurred in accordance with the provisions of the executed functional replacement agreement.<br /> <br /> :'''2'''. That the project sponsor and owning agency made a final inspection of the facility and that the project sponsor is released from any further responsibility.<br /> <br /> <br /> [[Category:236 Right of Way|236.08]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=236.7_Negotiation&diff=51775 2022-08-23T20:18:15Z

<p>Hallej1: /* 236.7.2.21 Reimbursement of Owner’s Expenses */</p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:15px; border: 1px solid #cccccc; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;310px&quot; align=&quot;right&quot; <br /> |- <br /> |'''Forms'''<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Administrative%20Settlement%20Justification%20Letter%20Form%207.3%203%201.pdf Administrative Settlement Justification Letter (Form 7-3.3.1)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Application%20Employment%20Contract%20Negotiator%20Form%207.8.1.pdf Application for Employment as Contract Negotiator (Form 7.8.1)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation (Form 6.4.3)]<br /> |-<br /> |[http://epg.modot.org/forms/RW/Chapter%207_Negotiation/Contract%20Negotiator%20Performance%20Form%207.8.7.pdf Contract Negotiator Performance Evaluation (Form 7-8.7)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Disclaimer%20of%20Interest%20in%20Tenant%20Owner%20Form%207.2.5C.docx Disclaimer of Interest in Tenant Owned Improvement (Form 7-2.5C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Donation%20Letter%20waiver%20of%20Appraisal%20Form%207.2.12.docx Donation Letter &amp; Waiver of Appraisal (Form 7-2.12)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Title%20VI%20Survey.doc MoDOT Public Participation Survey (Title VI Survey)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Title%20VI%20Survey.pdf MoDOT Public Participation Survey (Title VI Survey) – External Version]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator's Report (Form 7-2.13)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%207_Negotiation/Offer%20Letter%20Form%20-%20Capital%20Improvements%207.6.3.docx Offer Letter Form – Capital Improvements (Form 7.6.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20prior%20Cond%20Form%207.2.5.D.docx Offer Letter - Combined Fee and Tenant Owners - Use Prior to Condemnation (Form 7.2.5D)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Owner%20Form7.2.5.A.docx Offer Letter - Fee Owner (Form 7.2.5A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Owner%20No%20Declaimer%20Form%207.2.5.B.2.docx Offer Letter - Tenant Owner No Disclaimer (Form 7.2.5B(2))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Form7.2.5.B.1.docx Offer Letter - Tenant Owner with Disclaimer (Form 7.2.5B(1))]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%207_Negotiation/Preliminary%20Contract%20Form%207.8.3.docx Preliminary Contract Negotiation Fee Estimate (Form 7-8.3)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%207_Negotiation/Pre-trial%20report%20Exh%205E.1.docx Pre-Trial Report]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20Owners%20section.pdf Prorata Real Estate Tax Claim, Owner's Section (Form 7-2.22C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20MoDOT%20section.pdf Prorata Real Estate Tax Claim, MoDOT's Section (Form 7-2.22D)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Renewal%20Application%20Contract%20Negotiator%20Form%207.8.1.A.pdf Renewal Application for Employment as Contract Negotiator (Form 7-8.1a)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20Allocation%20Gross%20Proceeds%20Form%207.7.3.pdf Request for Allocation of Gross Proceeds (Form 7-7.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20for%20TIN%20and%20Allocation%20of%20Gross%20Proceeds%20Form%207.7.3.A.docx Request for Taxpayer Identification Number and Allocation of Gross Proceeds - Sample Letter (Form 7-7.3A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Requirements%20for%20the%20Retention%20Form%207.4.2C.pdf Requirements for the Retention of Improvements (Form 7-4.2C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved Contract Negotiators (Form 7-8.2)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Release%20Funds%20Held%20in%20Escrow%20Form%207.1.17.docx Sample Letter - Release of Funds Held in Escrow (Form 7-1.17C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Special%20Benefit%20Offer%20Letter%20Form%207.9.2.docx Sample Letter - Special Benefit Offer Letter (Form 7-9.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Check%20to%20Owner%20Form%207.1.17.docx Sample Letter - Transmittal of Check to Owner (Form 7-1.17A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Checks%20to%20Escrow%20Agent%20Form%207.1.17.B.docx Sample Letter - Transmittal of Checks to Escrow Agent (Form 7-1.17B)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Settlement%20Trial%20Report%20Exh%205E.2.docx Settlement/Trial Report]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Written%20Notice%20of%20the%20Intended%20Acq%20of%20ODA%20Form%20236.7.2.6.docx Written Notice of the Intended Acquisition for Outdoor Advertising (Form 236.7.2.6)]<br /> |-<br /> |Forms RW2, RW8, RW10, RW15, RW20, RW23, RW25, RW33, RW34 and RW35 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].<br /> |}<br /> <br /> ==236.7.1 General Provisions==<br /> <br /> ===236.7.1.1 Authority===<br /> <br /> The Missouri Highways and Transportation Commission is empowered by law, [https://revisor.mo.gov/main/OneSection.aspx?section=227 Chapter 227.120, RSMo.], to purchase, lease or condemn lands in the name of the Missouri Highways and Transportation Commission for purposes deemed necessary for the proper and economical construction and maintenance of state highways. The Commission approves by Certification the detail plans of each project and authorizes the Chief Engineer to acquire all the land, property and rights indicated on said plans by purchase or the Chief Counsel to acquire by condemnation. The Asst. to the State Design Engineer - Right of Way has authority to acquire land, property and rights as indicated on right of way plans through the district right of way offices. <br /> <br /> ===236.7.1.2 Project Authorization===<br /> <br /> Acquisition of property rights cannot commence on any project until the project manager obtains acquisition authority as described in [[236.3 Administration#236.3.4 Right of Way Acquisition Authority and Project Funding|EPG 236.3.4 Right of Way Acquisition Authority and Project Funding]].<br /> <br /> ===236.7.1.3 Hardship Acquisition Authorization===<br /> <br /> Justification for a [https://epg.modot.org/index.php?title=236.3_Administration#Request_for_Hardship_Acquisition hardship acquisition] must be reviewed and approved by the Asst. to the State Design Engineer - Right of Way on a parcel-by-parcel basis.<br /> <br /> ===236.7.1.4 Protective Buying Authorization===<br /> <br /> Justification for a protective purchase to prevent imminent development and increased costs of a parcel, must be reviewed and approved by the Asst. to the State Design Engineer - Right of Way on a parcel-by-parcel basis. Refer to [https://epg.modot.org/index.php?title=236.3_Administration#Contents_of_Request EPG 236.3.4.5 Advance Acquisition - Hardship and Protective Buying] for more information.<br /> <br /> ===236.7.1.5 Who Conducts Negotiations===<br /> <br /> '''Staff Negotiations'''<br /> <br /> The term &quot;negotiator&quot; as used here refers to any member of the right of way staff performing negotiations for property or property rights.<br /> <br /> By authority of the Missouri Highways and Transportation Commission, negotiations for the acquisition of real property and/or property rights for highway purposes are conducted by qualified right of way personnel. Such personnel must meet the minimum qualifications for the position of right of way specialist as outlined in the Missouri Department of Transportation's Job Specifications Manual. Other right of way personnel not meeting these minimum qualifications can perform negotiations under the direct guidance of the district right of way manager, the chief negotiator, or a qualified senior or certified right of way specialist.<br /> <br /> Individuals, who determine values on waiver valuations, may establish just compensation as well as negotiate with the owner for acquisition. An appraiser/negotiator, must fulfill the requirements of owner contact as outlined in [[236.7 Negotiation#236.7.2 Guidelines and Procedures|EPG 236.7.2]].<br /> <br /> '''Contract Negotiations'''<br /> <br /> Contract negotiators may conduct negotiations under written agreement as described in [[236.7 Negotiation#236.7.8 Contract Negotiation|EPG 236.7.8]]. The amount of the fee shall be established on a parcel basis. The Right of Way Section must approve contract negotiators prior to employment. The Right of Way Section maintains a Roster of Approved Contract Negotiators (Form 7-8.2).<br /> <br /> ===236.7.1.6 Acquisition of Real Property Interest===<br /> <br /> All rights, title, interest of fee hold and subordinate interests in real property are to be acquired as necessary, for the proper and economical construction, operation, protection, support, preservation and maintenance of state highways.<br /> <br /> Generally, the use of Partial Deeds of Releases or Subordinations, on mortgages and deeds of trust are '''not''' necessary when:<br /> <br /> :*The approved compensation is based on the use of a waiver valuation.<br /> :*Only a partial acquisition is involved and the property remaining has adequate value to secure the existing mortgage or deed of trust.<br /> :*Access rights are '''not''' being acquired.<br /> :*The property is '''not''' being condemned.<br /> <br /> This list is a general guide and is not intended to be all-inclusive. The district right of way manager should be aware of all situations waiving partial releases and subordinations.<br /> <br /> The Right of Way Section, with concurrence from Chief Counsel's Office, approves exceptions to the acquisition of other property rights on an individual case or project basis. Exceptions may be, but are not limited to, the reservation of subsurface mineral rights, gas storage rights or a limitation on vertical dimension for multiple uses.<br /> <br /> ===236.7.1.7 Public Information Brochure===<br /> <br /> A brochure entitled '''[http://eprojects/Templates/RW/Chapter%207_Negotiation/Pathways%20for%20Progress%20brochure.pdf Pathways for Progress]''' is available to the general public and for distribution at all public hearings for highway projects. It briefly describes the department's general procedures in the phases of appraisal, negotiation, settlement, closing, mediation and eminent domain.<br /> <br /> ===236.7.1.8 Pre-Negotiation Public Relations Contact===<br /> <br /> Acquisition personnel may be assigned, commensurate with anticipated problems, to make calls upon property owners and discuss acquisition procedures and provide general information concerning the proposed highway project. An employee, who may later be involved with the appraisal, negotiation, or relocation for the project, may make such calls. Care should be taken to avoid discussing assumptions, possible offers, possible damage, or value conclusions. This initial call should be brief and is only intended to provide project information, and promote the public relations.<br /> <br /> ===236.7.1.9 Negotiating Through a Third Party===<br /> <br /> Negotiations shall not be conducted through a third party unless the property owner has provided written authorization, or the third party is a legally appointed representative for the owner. If an attorney has been retained, and the owner has provided a written authority, all negotiations must be conducted with the attorney unless a written waiver of negotiations is received from the attorney.<br /> <br /> ===236.7.1.10 Initiation of Negotiations===<br /> <br /> The term &quot;Initiation of Negotiations&quot; relates to the date on which the department presents the owners of the subject parcel, or their designated representative, a written offer for the property or rights to be acquired. When non-resident owners are involved who cannot be contacted in person, initiation of negotiations for the parcel shall be the date such owners or their designated representative received the first communication by mail or telephone from the department in which a monetary offer to purchase is made. (Certified mail with return receipt requested must be used when the above contact is made by mail to establish and document the date that the written offer is received by the relocatee or by the relocatee's representative.)<br /> <br /> ===236.7.1.11 Relocation Assistance Information===<br /> <br /> Residential owner occupants being displaced are to be provided an explanation of the relocation benefits for which they are eligible. Offers to acquire property and/or property rights are not to be made to displaced owner occupants until the owner can be provided with the required relocation information.<br /> <br /> ===236.7.1.12 Relocation Section Notices===<br /> <br /> [http://eprojects/Templates/RW/Chapter%208_Relocation/Initiation%20of%20Negotiations%20Statement%20From%20236.8.5.5.docx &quot;Initiation of Negotiations Statement&quot;] (RA Form 8-5.5)<br /> <br /> This form is to be submitted to the district relocation section immediately after the first initiation of negotiation on a project, and immediately after initiation of negotiations for each individual parcel, affected by the relocation program. This form is not applicable to parcels not affected by the relocation program.<br /> <br /> [http://eprojects/Templates/RW/Chapter%208_Relocation/Acquisition%20Statement%20Form%20236.8.5.8.B.docx &quot;Acquisition Statement&quot;] (RA Form 8-5.8(b))<br /> <br /> This form is to be completed by the negotiator and submitted to the relocation section immediately after all interest in the parcel is acquired when the relocation program affects the parcel.<br /> <br /> ===236.7.1.13 Pre-Negotiation Preparation===<br /> <br /> The accumulation of materials and information necessary to conduct and complete negotiations for the orderly and efficient acquisition of the proposed property and property rights is the logical first step in negotiation. At a minimum, the negotiator should be supplied with the following information:<br /> <br /> :*Title reports of all recorded interests<br /> :*Documents necessary to acquire all interests<br /> :*Right of way plans<br /> :*Appraisal reports<br /> :*Offer letter<br /> <br /> In order to make an informed explanation of the proposed acquisition to an owner, the negotiator should make a comprehensive study of the plans, title report, documents and appraisal report. The negotiator should also know what documents will be required for closing depending on ownership and value of the property. The checklist of items (provided in the links following), include those required documents, depends on whether [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator%20Packet%20Table%20of%20Contents%20-%20Closing%20with%20MoDOT.doc MoDOT] or a [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator%20Packet%20Table%20of%20Contents%20-%20Closing%20with%20Title%20Company.doc title company] will be conducting the closing.<br /> <br /> The following information must be entered in the Parcel Acquisition screen in RWPA for each parcel being acquired: Parcel Number, Classification, Status and any Fee Holder and Tenants.<br /> <br /> ===236.7.1.14 Delivery of Payments===<br /> <br /> '''Owners and Tenants'''<br /> <br /> At the discretion of the district right of way manager any full-time right of way employee may deliver payment checks for acquisition of property interests.<br /> <br /> Upon personal delivery of each check the responsible right of way employee is to obtain the signature of the recipient acknowledging receipt of the payment.<br /> <br /> Payments mailed to owners shall be by certified mail with return receipt requested. A [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Check%20to%20Owner%20Form%207.1.17.docx sample letter] (Form 7-1.17A) is available for sending checks to owners/tenants.<br /> <br /> The Mailed Check Letter and Receipt of Check must be entered in eProjects under the applicable project and parcel.<br /> <br /> The following information must be entered in the Parcel Acquisition screen in RWPA for each parcel being acquired: Physical Possession Obtained and Legal Possession obtained.<br /> <br /> '''Escrow Agents'''<br /> <br /> Payments to escrow agents may be delivered by any person or by certified mail with return receipt requested. Submission of payments to escrow agents shall be [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Checks%20to%20Escrow%20Agent%20Form%207.1.17.B.docx by letter] (Form 7-1.17B). Owners are to be notified in writing of the date their payment is delivered to escrow agent.<br /> <br /> '''Release of Funds in Escrow'''<br /> <br /> To release funds retained in escrow for removal of improvements, etc., the escrow agent shall be notified by [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Release%20Funds%20Held%20in%20Escrow%20Form%207.1.17.docx written notice] (Form 7-2.17C) with a copy mailed to owner involved. Escrow agents shall furnish proof of disbursement of all funds for parcel files.<br /> <br /> ===236.7.1.15 Recording of Documents===<br /> <br /> All documents conveying land, easements, realty rights, mortgage releases and restrictive easements to the Commission, regardless of the consideration recited therein, shall be recorded in the appropriate recorder of deeds office and uploaded in eProjects under the applicable project and parcel. <br /> <br /> The following data fields must be entered in RWPA on the Deeds screen, including when the acquisitions are donated: Fee Holder Deed Signed (date), Deed Recorded (date), Book Recorded No., Page Recorded No., Document No.(whichever are applicable), check the free deed box if the parcel was donated. Area acquired: provide the amount of acres/square feet acquired in each category: permanent right of way, temporary easement, permanent easement, utility easement and unity of measure.<br /> <br /> It is not required to record disclaimers, rights of entry, releases of outdoor advertising rights and signs acquired, releases for LP tanks, or other documents that do not convey an interest in land being acquired. If tenants have a recorded lease, it may be necessary to record any of the above documents that may impact lease provisions.<br /> <br /> Special agreements prepared by the Chief Counsel that convey, alter or qualify property rights between the parties will be recorded unless otherwise indicated by the Chief Counsel's office.<br /> <br /> ==236.7.2 Guidelines and Procedures==<br /> <br /> ===236.7.2.1 Purpose===<br /> <br /> This information establishes guidelines and procedures related to the acquisition function in negotiations for land, property and rights needed for the proper and economical construction and maintenance of state highways. The intent and purpose is to assure uniform acquisition practices, which will provide consistent and equitable treatment for owners and tenants of real property acquired.<br /> <br /> ===236.7.2.2 General Procedure===<br /> <br /> All negotiations shall be expeditious and result in the property owner receiving just compensation; the settlement being just and fair to the owner and the public; every courtesy, consideration and patience being extended to the property owner; and create trust in the Missouri Department of Transportation Department and its employees.<br /> <br /> All offers shall represent the approved amount of Just Compensation as determined through the department's valuation procedures. The negotiator shall make a reasonable effort to demonstrate and promote confidence in the Approved Just Compensation offer.<br /> <br /> If the negotiator discovers facts, which were not recognized in the Just Compensation, the information shall be made available to the district right of way manager. Full consideration to and evaluation of these items will be made prior to continuation of negotiations.<br /> <br /> Negotiators must demonstrate that they represent the interests of the property owner as well as those of the public. Care should be exercised at all times to protect the interests of owners who may be unfamiliar or inexperienced in real estate transactions.<br /> <br /> Negotiators are required to maintain a written Record of Negotiations, documenting that all elements of the transaction were given adequate consideration and that there was a mutual understanding between the negotiator and the property owner.<br /> <br /> ===236.7.2.3 Prompt Offer of Just Compensation===<br /> <br /> All offers of Approved Just Compensation shall be promptly presented to property owners or their designated representatives. A minimum offer of $500 shall be made to a property owner when the appraised value is determined to be less than $500. It may be appropriate to reduce the minimum offer under certain circumstances with the approval of the Assistant to State Design Engineer – Right of Way. If approved, a reduced minimum offer will apply to the entire project. District management should determine the appropriate timing for delivery of offers within the scope of good negotiating practices. An offer letter must be presented to the owner at least 30 days prior to filing a condemnation petition, as further described in [[236.10 Right Of Way Condemnation|EPG 236.10]].<br /> <br /> ===236.7.2.4 Offer Letter and Supporting Documentation===<br /> <br /> Use [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Owner%20Form7.2.5.A.docx Form 7.2.5A], [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Form7.2.5.B.1.docx 7.2.5B(1)], or [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Owner%20No%20Declaimer%20Form%207.2.5.B.2.docx 7.2.5B(2)]. Delete unused phrases and instructions. Use the date the offer letter is delivered or mailed to the owner.<br /> <br /> '''A. Delivery of Offer Letter'''<br /> <br /> Offer Letters must be hand delivered or sent by certified mail. A cover letter providing an explanation of the proposed acquisition and the supporting documents described in EPG 236.7.2.4C should be included if the offer is delivered by mail. If an offer must be made by phone, it must be followed with an offer letter and all required attachments sent by certified mail.<br /> <br /> When an owner has authorized a designated representative and so notified MoDOT in writing, or there is a court-appointed representative, the Offer Letter need only by delivered to the representative.<br /> <br /> '''B. Initiations of Negotiations'''<br /> <br /> Delivery of an Offer Letter establishes the Initiation of Negotiation date for a parcel. Initiation of negotiations is established by the delivery of an offer letter to one owner of a multiple ownership, but all owners are to be furnished all relevant offer items described in EPG 236.7.2.4C.<br /> <br /> '''C. Supporting Documents'''<br /> <br /> Upon initiation of negotiations for the acquisition of property or property rights from a property, each owner or representative will be provided with the following:<br /> <br /> :*Offer letter<br /> :*Appraisal or waiver valuation<br /> :*[http://eprojects/Templates/RW/Chapter%207_Negotiation/Pathways%20for%20Progress%20brochure.pdf Pathways for Progress brochure]<br /> :*Conveyance documents<br /> :*Blank Escrow Agreement, if applicable<br /> :*Pro Rata Real Estate Tax Claim form<br /> :*Plan sheet, portion of plan sheet or plat illustrating the acquisition and the remainder<br /> :*When applicable and appropriate, provide [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20Allocation%20Gross%20Proceeds%20Form%207.7.3.pdf Request for Allocation of Gross Proceeds], (Form 7-7.3).<br /> :*MoDOT Public Participation Survey (Title VI Survey).<br /> <br /> When the MoDOT Public Participation Survey (Title VI Survey) is returned, the information provided should be entered in the Parcel Acquisition screen in RWPA under the applicable project and parcel.<br /> <br /> '''D. Donation'''<br /> <br /> An offer letter is not required when requesting donated property and property rights. Refer to [[#236.7.2.11 Donation of Real Property|EPG 236.7.2.11 Donation of Real Property]].<br /> <br /> ===236.7.2.5 Offer Letter Formats===<br /> <br /> '''A. Fee Owners'''<br /> <br /> Applicable portions of the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Owner%20Form7.2.5.A.docx Offer Letter - Fee Owner] (Form 7.2.5A), along with the appraisal or waiver valuation, are to be delivered to the fee owner or a designated representative.<br /> <br /> '''B. Tenant Owners'''<br /> <br /> :1. Offer Letter - Fee Interest Acquired or Disclaimed<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Form7.2.5.B.1.docx Offer Letter-Tenant Owner] (Form 7.2.5B(1)) is to be used for offers to owners of tenant-owned improvements when the owners of the land have conveyed their interest, or when the landowners have disclaimed all interest in the tenant-owned improvements.<br /> <br /> :2. Offer Letter - Fee Interest '''Not''' Acquired or Disclaimed<br /> <br /> :When the land owners have not conveyed or disclaimed their interests in the tenant-owned improvements, the offer to tenant-owners will be made by use of a letter designated as [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Owner%20No%20Declaimer%20Form%207.2.5.B.2.docx Offer Letter - Tenant Owner No Disclaimer], (Form 7.2.5B(2)) with a [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Disclaimer%20of%20Interest%20in%20Tenant%20Owner%20Form%207.2.5C.docx Disclaimer] (Form 7.2.5C) attached.<br /> <br /> :The tenant offer will be conditioned upon the tenant obtaining execution of the necessary disclaimers. Completion of the transaction including Release of Structures and Leasehold, (CCO RW15) (Form RW15 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) and payment shall not be made unless the landowners convey their interest by deed or provide a disclaimer.<br /> <br /> '''C. Disclaimer by Owner in Tenant Owned Improvements'''<br /> <br /> When a separate amount of just compensation is approved for an improvement owned by a party other than the owner of the land, payment for such improvement shall not be made unless the owner of the land disclaims all interest in the tenant-owned improvement. The fee owner may disclaim interest in such improvement by execution of either a deed of conveyance of right, title and interest or a [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Disclaimer%20of%20Interest%20in%20Tenant%20Owner%20Form%207.2.5C.docx Disclaimer] (Form 7.2.5(C)).<br /> <br /> When the fee owner does not execute a deed or a disclaimer, the offer of just compensation for the improvement and the disclaimer will be presented to the tenant owner with the condition that settlement will be made provided that the tenant is successful in obtaining execution of the necessary disclaimers.<br /> <br /> '''D. Combined Fee-Owner and Tenant-Owner Offer Letter for Condemnation Purposes'''<br /> <br /> Immediately prior to condemnation proceedings for a parcel where tenant-owned structures are involved, a letter designated [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20prior%20Cond%20Form%207.2.5.D.docx Offer Letter - Combined Fee and Tenant Owners], (Form 7.2.5D), is to be presented to all fee owners of record or their designated representative with a copy of the letter to all tenant owners.<br /> <br /> This offer will be the total of the amounts of just compensation approved for fee and tenant owners. The brochure, deed and valuation document are not required with this letter.<br /> <br /> '''E. Revised Offers'''<br /> <br /> When the approved just compensation has been presented to the owner and it is revised through the appraisal process, it is necessary to provide such owners with an offer letter reflecting the revised figure and reason for the revision.<br /> <br /> :'''1'''. Fee Owners<br /> <br /> :The first paragraph of [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Owner%20Form7.2.5.A.docx Offer Letter - Fee Owner] (Form 7.2.5A) will be omitted and replaced with the<br /> following paragraph for revised offers.<br /> <br /> ::&quot;In a previous letter you were offered the sum of $____________ for certain real property and rights needed for improvement of the above highway project. It is necessary to revise that offer previously made to you because ____________.&quot;<br /> <br /> :Use the remaining paragraphs from the original letter, and the following, if appropriate. “Also attached is a revised valuation document”.<br /> <br /> :'''2'''. Tenant Owners<br /> <br /> :The first paragraph of Offer Letter - Tenant Owner, Forms [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Form7.2.5.B.1.docx 7.2.5B(1)] and [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Owner%20No%20Declaimer%20Form%207.2.5.B.2.docx 7.2.5B(2)], will be omitted and replaced with the following paragraph for revised offers.<br /> <br /> ::&quot;In a previous letter you were offered the sum of $____________ for certain structures located on property needed for improvement of the above highway project. It is necessary to revise that offer previously made to you because _____________________.&quot;<br /> <br /> :Use the remaining paragraphs from the original letter, and the following, if appropriate.<br /> <br /> '''F. Rescinded Offers'''<br /> <br /> In certain situations, it may be necessary to rescind an offer due to a plan change, delay in funding, etc., that eliminates the need to acquire any property and property rights. When this occurs, a written notice rescinding the offer shall be sent to the property owner by certified mail. The notice should include the reason an acquisition from the property is no longer needed.<br /> <br /> ===236.7.2.6 Improvements Acquired or Damaged===<br /> <br /> '''A. Interest in Improvements Acquired'''<br /> <br /> An equal interest shall be acquired in all buildings, structures or other improvements determined to be a part of the real property when such improvements are to be removed from the land acquired.<br /> <br /> '''B. Improvements Located Partially Within the Acquisition Area'''<br /> <br /> Improvements located partially within the acquisition area that are designated for removal as indicated by temporary easements shall be totally removed, unless the owner retains the improvement and cuts it at the new boundary line.<br /> <br /> The decision to allow an owner to retain and cut an improvement at the new boundary line, must be made during negotiations. In making this decision the owner is to understand that the Department will have to reevaluate its offer through the appraisal process. If a revised offer is unacceptable to the owner, the original offer and plan for total removal of the improvement will apply and if necessary condemned as originally designed.<br /> <br /> '''C. Fee-Owned Improvements'''<br /> <br /> Owners will be compensated for any loss in fair market value of improvements that are not required to be removed but are adversely affected as a result of the acquisition, as determined by appraisal.<br /> <br /> '''D. Tenant-Owned Improvements'''<br /> <br /> Tenant-owned improvements will be acquired by Release of Structures and Leasehold, (Form 7-2.7D (CCO RW15)). (Form RW15 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> :'''1'''. Improvements Acquired or Damaged - Release of Structures and Leasehold<br /> <br /> :Tenants who have the right or obligation to remove real property improvements that contribute to the real estate value, as determined in the appraisal process, have a compensable interest in those improvements. Compensation may include one or more of the following:<br /> <br /> ::*The contributory fair market value for the improvement being acquired, or the value for removal purposes which ever is greater<br /> ::*Damages the improvement suffers as a result of the acquisition<br /> ::*The value of any leasehold interest<br /> <br /> :'''2'''. No Payment to Tenant Before Fee Interest Acquired or Disclaimed<br /> <br /> :No payment shall be made to a tenant for an improvement unless the landowner involved conveys or disclaims all interest in the improvement.<br /> <br /> :'''3'''. Condemnation of Tenant-owned Improvements<br /> <br /> :Eminent Domain Law provides the same rights and protections to tenants and fee owners. Any tenant has the right to reject payment for improvements as outlined above and obtain payment for such property interests through eminent domain proceedings applicable to Missouri law. In these situations it will be necessary to condemn all interest in the property including the fee owner.<br /> &lt;div id=&quot;E. Acquisition of Outdoor Advertising Billboards&quot;&gt;&lt;/div&gt;<br /> <br /> '''E. Acquisition of Outdoor Advertising Billboards'''<br /> <br /> Outdoor advertising structures are defined as all signs, billboards, drawings or paintings which advertise activities conducted elsewhere or services and/or products provided other than at the subject property. They should not be confused with on-premise signs, which advertise activities conducted on the premises or services and/or products provided on the property.<br /> <br /> It has been determined that owners of outdoor advertising signs have the right or obligation to remove such structures at the termination of the lease or agreement. Therefore, such structures are generally acquired like other tenant-owned improvements, as addressed above, with the following exceptions.<br /> <br /> :'''1'''. Outdoor Advertising Structures Considered Real Estate<br /> <br /> :All outdoor advertising structures shall be valued as real estate and an offer made for just compensation. In the event a sign is categorized as Conforming out of Standard by the Outdoor Advertising staff, the right of way staff will follow the Sign Agreement Reset Program procedures.<br /> <br /> :'''2'''. Salvage of Outdoor Advertising Billboards<br /> <br /> :Retention and salvage of outdoor advertising structures is permitted, provided the offer is reduced by the salvage value established in the valuation process. The salvage value may be waived or reducted during negotiations to reach an administrative settlement.<br /> <br /> :As a means to facilitate negotiations, district right of way may agree to leave the sign in place for a specified period of time by use of an Extension of Possession Agreement (CCO RW12). The agreement must state a maximum time period for the sign to be left in place, and a physical possession date must be agreed to by the parties. The physical possession date shall be specific, and not merely include phrases like, “until construction of the project,” “until needed for construction,” etc. For more information on removal procedures, refer to [https://epg.modot.org/index.php?title=236.5_Property_Management#236.5.26_Acquired_Improvements EPG 236.5.26].<br /> <br /> :Outdoor advertising structures located partially within the acquisition area shall be totally removed unless the owner of the sign retains the structure and modifies it to completely avoid Commission owned property. Contact your local outdoor advertising permit specialist for specific requirements related to modifying existing outdoor advertising structures. See [[236.16 Outdoor Advertising|EPG 236.16]] for additional information pertaining to outdoor advertising.<br /> <br /> The Outdoor Advertising Profile Report, which is generated by the outdoor advertising permit specialist, shall be completed by district right of way and returned to the outdoor advertising permit specialist once the acquisition of the billboard is complete.<br /> <br /> '''Sign Agreement Reset Program – Partial Waiver and Reset Agreement'''<br /> <br /> Legislation from 2012, HB1402, allows sign owners who meet the conforming out of standard sign criteria the option to accept just compensation or waive a portion of their right to just compensation and reset a qualifying sign. Sign owners that choose to accept just compensation are eligible to salvage the sign, however the sign permit will be cancelled by the Outdoor Advertising Specialist.<br /> <br /> Conforming out of standard signs are categorized as signs that fail to meet the current statutory and administrative rule requirements but comply with the terms of the federal state agreement and meet the statutory requirements of 1999. (See [[236.16 Outdoor Advertising#236.16.7.3 Conforming Out of Standard|EPG 236.16.7.3 Conforming Out of Standard]].)<br /> <br /> Displaced signs will be reviewed by outdoor advertising staff to determine the sign qualifications. If the qualifying sign meets the reset requirements as determined by the Outdoor Advertising Profile Report (refer to [[236.16 Outdoor Advertising#236.16.19 Sign Structures Affected by Highway Projects|EPG 236.16.19 Sign Structures Affected by Highway Projects]]), Right of Way staff will offer just compensation to the sign owner for the purchase of the sign. The sign owner will also be offered the sign reset option that allows them to move the sign elsewhere within the same property or on an adjoining property. It is the sign owners choice to accept either just compensation or the reset option.<br /> <br /> Guidelines for the Conforming Out of Standard Sign Acquisition:<br /> <br /> * Right of Way staff will notify outdoor advertising staff of an affected sign. Affected sign includes billboards located within the project limits.<br /> <br /> * Outdoor Advertising staff will complete the Outdoor Advertising Profile Report (EPG 236.16.19) to determine qualification of the affected sign and provide a copy to the Right of Way Manager.<br /> <br /> * If the sign is classified as Conforming Out of Standard, the right of way staff will provide the sign owner the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Written%20Notice%20of%20the%20Intended%20Acq%20of%20ODA%20Form%20236.7.2.6.docx Written Notice of the Intended Acquisition for Outdoor Advertising (Form 236.7.2.6)].<br /> <br /> * Right of Way staff will appraise the affected sign for just compensation and appraise the [[236.6 Appraisal and Appraisal Review#Reset Option|reset option compensation]] as described in the appraisal guidance. <br /> <br /> * Right of Way staff will obtain the disclaimer from the property owner. (Refer to [[#236.7.2.5 Offer Letter Formats|EPG 236.7.2.5 Offer Letter Formats]].)<br /> <br /> * Right of Way staff will prepare the offer letter for just compensation.<br /> <br /> * Right of Way staff will prepare the Partial Waiver and Reset Agreement with the assistance from the Outdoor Advertising Specialist and provide the Outdoor Advertising Specialist a copy. The reset compensation is a solitary payment and will not be supplemented by any other payment type.<br /> <br /> * The Right of Way staff will present the offer letter and explain the reset option to the sign owner who will choose their preferred option of compensation. It may be beneficial for the Outdoor Advertising Specialist to accompany the right of way staff at this meeting.<br /> <br /> * If the sign owner chooses the reset option, the sign owner will obtain the necessary support documents outlined within the Partial Waiver and Reset Agreement, execute the Agreement, and return it to the Right of Way Specialist. The Right of Way Specialist will provide a copy of the Agreement to the Outdoor Advertising Specialist who will amend the sign permit.<br /> <br /> * The Right of Way Specialist will process the payment outlined within the Partial Waiver and Reset Agreement and retain a portion of the reset payment within an escrow account. The retained portion should equal the cost of the sign removal in the event the sign owner does not remove the existing sign.<br /> <br /> * The Outdoor Advertising Specialist will conduct a final inspection to determine if the sign has been removed from the construction limits within the allotted time frame. (Refer to [[236.16 Outdoor Advertising#236.16.19 Sign Structures Affected by Highway Projects|EPG 236.16.19 Sign Structures Affected by Highway Projects]].)<br /> <br /> * The Outdoor Advertising Specialist will notify Right of Way that the sign has been removed from the construction limits. Right of Way will notify the Escrow Agent to release the funds in escrow to the sign owner.<br /> <br /> If the sign owner does not remove the sign from the project limits, Right of Way will notify the Project Manager to include the demolition in the construction contract.<br /> <br /> In the event the sign owner refuses just compensation and the reset option, the sign will be condemned as outlined in [[236.10 Right Of Way Condemnation#236.10.1 Introduction|EPG 236.10.1 Introduction]].<br /> <br /> '''F. On-premise Signs'''<br /> <br /> On-premise signs are those that advertise activities conducted on the premises or services and/or products provided on the property. All on-premise signs, including trademark and logo signs, shall be treated as personal property under the Relocation Assistance Program. The only exception would involve a situation in which the subject business facility is being acquired or there is insufficient remaining land on which to relocate the sign. Only these circumstances would necessitate that a sign be valued and acquired as real estate.<br /> <br /> '''G. Existing Private Utility Easements'''<br /> <br /> On projects where an existing utility is located on a private easement, and the limits of the new land acquired for the project will encompass the existing private utility easement, the district shall secure said easement rights by quitclaim deed (CCO RW2). The district utility engineer will work directly with the utility owners to obtain said quitclaim deeds. For information related to how to prepare the description to be included in the quitclaim deed, see [https://epg.modot.org/index.php?title=236.4_Description_Writing_and_Titles#236.4.6.6_Preparing_Quitclaim_Deeds_for_Execution_by_Utility_Companies_.28See_EPG_236.7.29 EPG 236.4.6.6].<br /> <br /> '''H. Acquisition of Mobile Homes'''<br /> <br /> Mobile home acquisitions must be accompanied by a Certificate of Title from the seller or, if originally purchased prior to August 28, 1989, and assessed as real estate, a statement from the County Assessor attesting to this fact, along with a notarized descriptive bill of sale from the seller.<br /> <br /> The Certificate of Title or statements must be submitted to the Department of Revenue within 30 days for transfer of title to the MHTC. There will be a penalty fee if renewal is more than 30 days after acquisition. For additional information, refer to [[236.6 Appraisal and Appraisal Review#Manufactured Homes|EPG 236.6.3.1.19.D.9]] and RSMo. 700.<br /> <br /> ===236.7.2.7 Valuation by a Negotiator – Separation of Functions===<br /> <br /> For acquisitions where Just Compensation was determined by a Value Finding or Standard appraisal format, the valuation and approval of Just Compensation must be prepared by an individual other than the individual that will present the offer letter and negotiate for the acquisition. On a simple valuation/acquisition situation, in which the valuation will be by waiver valuation, the same individual may estimate the Just Compensation and negotiate the acquisition. If the same individual performs both functions, the appraiser/negotiator must do the following:<br /> <br /> :*contact the owner<br /> :*deliver or mail the Pathways for Progress brochure<br /> :*advise the owner that the property will be inspected (invitation to accompany inspection is not required on waiver valuations)<br /> :*prepare a waiver valuation<br /> :*secure co-signature of the waiver valuation<br /> :*prepare an offer letter based on the waiver valuation<br /> :*deliver the offer letter to the owner, with all the supporting documents set out earlier in this section.<br /> <br /> ===236.7.2.8 Negotiation Contacts===<br /> <br /> '''A. Personal Contact'''<br /> <br /> Every reasonable effort shall be made to personally contact owners of real property or a designated representative who resides within the state. The negotiator shall explain the proposed acquisition and provide the owner or representative with those documents identified earlier in this section.<br /> <br /> '''B. In-State Owner Resides in Another MoDOT District'''<br /> <br /> If a property owner resides within the state, but outside the district where the property is located, and it is not practical for a local negotiator to make a personal contact, the owner may be contacted in person by a negotiator from another district. Requests to other districts for such assistance shall include all necessary documents and information essential to the negotiation assignment.<br /> <br /> When a personal contact is not practical, the owner may be contacted by certified mail, return receipt requested.<br /> <br /> '''C. Out-of-State Owner'''<br /> <br /> An out-of-state owner may be personally contacted, if practical, or contacted by telephone and certified mail, return receipt requested. When an owner is contacted by mail, provide the required written information identified earlier in this section, and an explanation of the proposed acquisition.<br /> <br /> ===236.7.2.9 Negotiation Procedures===<br /> <br /> The following is a general guide as to the number and content of negotiation contacts. Normally three contacts are needed to assure the owner’s understanding and confidence.<br /> <br /> During the first contact the negotiator is to:<br /> <br /> :*Provide brochure, [http://eprojects/Templates/RW/Chapter%207_Negotiation/Pathways%20for%20Progress%20brochure.pdf Pathways for Progress]<br /> :*Review title information<br /> :*Explain the right of way plans and provide plan sheet, portion of plan sheet, or plat illustrating the acquisition and the remainder<br /> :*Explain the acquisition procedures and provide blank Escrow Agreement, (Form 7-4.2 (CCO RW8)) if applicable<br /> :*Explain Proration of Taxes and provide [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20Owners%20section.pdf Prorata Real Estate Tax Claim, Owner's Section], (Form 7-2.22C)<br /> :*Provide the written Offer Letter<br /> :*Provide the appraisal or waiver valuation<br /> :*Provide conveyance documents<br /> :*Provide or agree to obtain answers to the owner’s questions<br /> :*Provide a [https://oa.mo.gov/sites/default/files/vendor_input_ach_eftd.pdf Vendor Input Form MO 300-1489] for completion.<br /> <br /> During the second contact the negotiator should review the items discussed during the first contact. The negotiator should give special attention to making sure the property owner understands the plans and the effect on the remaining property. Any additional questions the owner has should be answered.<br /> <br /> During the third contact the negotiator should attempt to get the owner to accept or reject the offer. If the owner fails to accept or reject the offer, or does reject the offer, the mediation and condemnation process are to be explained. The owner is to be advised that negotiations can continue until such time as the condemnation commissioners' report is filed.<br /> <br /> Obtain a taxpayer identification number (TIN) using a [https://oa.mo.gov/sites/default/files/vendor_input_ach_eftd.pdf Vendor Input Form MO 300-1489] as shown in [[236.7 Negotiation#236.7.7 1099 Reporting of Acquisitions|EPG 236.7.7]]. If a husband and wife own the property, either one can provide their TIN. Partnerships and trusts should have their own TIN that should be used for reporting real estate transactions. If there is more than one owner, other than a husband and wife, partnership or trust, each owner that is expected to receive an allocation of the proceeds shall be given a form on which to provide their TIN.<br /> <br /> During negotiations, the negotiator’s objective is to promote understanding of the design and reasonableness of the offer. If the owner disagrees with the offer, the negotiator should attempt to determine the reasoning of the owner’s opinion of value or their objections to design considerations. The owner’s opinion of value, reasoning, counteroffers and objections are to be documented in the negotiator’s report and discussed with the chief negotiator or district right of way manager. If the negotiator is unable to acquire the property for the approved offer, an administrative settlement may be considered as described in [[236.7 Negotiation#236.7.3 Administrative and Legal Settlements|EPG 236.7.3]].<br /> <br /> If at any stage of negotiations it is determined that a design change is appropriate and can facilitate successful negotiations, the district right of way manager and project manager will be consulted on the proposed change, and a decision made. The property owner is to be advised accordingly.<br /> <br /> '''A. Time to Consider Offer'''<br /> <br /> The property owner shall be allowed a reasonable period of time to consider the offer of just compensation and the opportunity to obtain professional advice or assistance if so desired.<br /> <br /> ===236.7.2.10 Uneconomic Remnants and Future Excess Property===<br /> <br /> '''A. Definition of Uneconomic Remnant'''<br /> <br /> &quot;A parcel of real property in which the owner is left with an interest after the partial acquisition of the owner's property, and in which the acquiring agency has determined has little or no value or utility to the owner.&quot; ([https://www.law.cornell.edu/cfr/text/49/24.2 49 CFR 24.2 (w)], 10/1/93)<br /> <br /> '''B. Offer to Purchase Uneconomic Remnants'''<br /> <br /> An offer to purchase each uneconomic remnant shall be made to the owner simultaneously with the offer of just compensation for the acquisition of the needed realty and realty rights. Situations revealed during negotiations or administrative decisions to consider all or part of remainders as uneconomic remnants, may necessitate a revised offer reflecting the value of the uneconomic remnant.<br /> <br /> Multiple uneconomic remnants shall be individually identified and individual values set out in the offer letter.<br /> <br /> The Commission will not condemn for the acquisition of an uneconomic remnant.<br /> <br /> The following data fields must be entered in the Remnants Screen in RWPA under the applicable project and parcel: Remnant Number, Status, Physical Possession Obtained, Payroll Amount, Payroll Date, Deed Signed Deed Recorded, Area Acquired, and Unit of Measure. <br /> <br /> '''C. Outright Sale of Uneconomic Remnants'''<br /> <br /> The district is authorized to sell any uneconomic remnant not exchanged during negotiations as described in [[236.5 Property Management#236.5.12 Excess Land Conveyances &amp; Relinquishments – Regulated Utilities|EPG 236.5.12 Excess Land Conveyances &amp; Relinquishments – Regulated Utilities]].<br /> <br /> '''D. Definition of Future Excess Property'''<br /> <br /> Any area of existing property that is to be conveyed to adjacent property owners as established in the [[236.14 Change in Route Status Report|change in route status documents]] for the project.<br /> <br /> '''E. Exchange of Remnants or Future Excess Property for New Property'''<br /> <br /> The district is authorized to exchange uneconomic remnants, or future excess property for real property or rights acquired when the exchange is for equal value based on the purchase price of the remnant or appraised value of the future excess, and the remnant or excess adjoins the owner's remaining property. Such an exchange is to be handled like an Administrative Settlement, under the approval of the district right of way manager.<br /> <br /> When remnants or future excess property are exchanged for new property, the amount of just compensation to the owner shall be reduced by the value of the remnant or excess and the warranty deed from the owner shall recite the reduced monetary amount, along with the phrase, &quot;and exchange for other land&quot;.<br /> <br /> Since the future excess property will still be needed until the project is complete, the following paragraph will be included in all quitclaim deeds conveying the future excess to the abutting property owner:<br /> <br /> :&quot;The Missouri Highways and Transportation Commission retains full, free, and uninterrupted use and possession of the land herein conveyed until completion of construction and acceptance of the project for the construction of relocated _____________________ by the Commission’s District Engineer.&quot;<br /> <br /> When this paragraph is included in the quitclaim deed a cloud is placed on the title. To remove this cloud, the district, upon request of the owner, can provide an affidavit as to completion and acceptance of the project.<br /> <br /> Remnants or excess property exchanged for new property will be conveyed by quitclaim deed for the consideration of &quot;One Dollar and Exchange for Other Land.&quot; Should the owner refuse to accept a quitclaim deed, contact the Right of Way Section for authorization to use a warranty deed where the Commission owns fee title to the property being exchanged.<br /> <br /> All conveyances of remnants or future excess property by the Commission shall provide for utilities as described in [[236.5 Property Management#236.5.12 Excess Land Conveyances &amp; Relinquishments – Regulated Utilities|EPG 236.5.12 Excess Land Conveyances &amp; Relinquishments – Regulated Utilities]].<br /> <br /> ===236.7.2.11 Donation of Real Property===<br /> <br /> In some instances property owners affected by small, uncomplicated acquisitions of realty and/or realty rights may be willing to donate the property that is needed for the project, especially when the project improvements provide a benefit to the property and community.<br /> <br /> The Missouri Highways and Transportation Commission will accept a donation of property. An appraisal and offer letter are not required when property is being donated, however, some documentation is necessary.<br /> <br /> '''A. Coercion to Donate'''<br /> <br /> It would be inappropriate for an acquiring agency during negotiations to inform the property owner that the needed realty and/or realty rights would have to be donated in order for the roadway project to be completed. The only acceptable circumstance would involve a project that would be terminated unless all owners agreed to donate.<br /> <br /> '''B. Donation/Waiver of Appraisal Letter'''<br /> <br /> Prior to acceptance of such donation, the negotiator must inform the owner of the right to receive just compensation for the property. The negotiator must obtain a signed [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Donation%20Letter%20waiver%20of%20Appraisal%20Form%207.2.12.docx Donation/Waiver Letter], (Form 7-2.12), which acknowledges the owner’s right to receive just compensation as determined by an appraisal. Should the owner refuse to sign the statement yet still wants to donate the property, the [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator's Report] shall be fully documented as to the owner being advised of their rights and any reason for refusing to sign the letter.<br /> <br /> '''C. Donation of Temporary Easement Without Waiver Letter'''<br /> <br /> When temporary easements cause no compensable damage to the adjacent property, a donation can be obtained without advising the owner of the right to just compensation. In such situations the plans should be explained to the owner and a request made for the donation. In this case, the executed easement document is all that is necessary. A Donation/Waiver Letter is not required. However, the file shall be documented regarding the determination that the acquisition of the temporary easement causes no compensable damage to the adjacent property.<br /> <br /> '''D. Waiver of Releases on Donated Property'''<br /> <br /> When non-complex property or property rights are donated, the district right of way manager may waive acquisition of additional property interests (like partial mortgage releases, easement owners, tenant interests, etc.), but a memo outlining the waiver to acquire additional property interests should be included in the file.<br /> <br /> '''E. Donations by Government Agencies'''<br /> <br /> Donations by government agencies do not require the use of a Donation/Waiver Letter. For acquisition from government agencies, see [[236.7 Negotiation#236.7.5 Railroad, State and Federal Acquisitions|EPG 236.7.5]].<br /> <br /> ===236.7.2.12 Negotiator’s Report and Contact Log===<br /> <br /> A [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator’s Report], (Form 7-2.13), shall be completed with attachments and signed by the negotiator upon termination of or completion of negotiations for each parcel. A log of all contacts with the owner or representative shall be completed and attached to the Negotiator’s Report. The information for each contact should include the date and place of each contact, parties contacted, offers made, counteroffers, issues raised by the owner, reasons settlement could not be reached, and any other pertinent data. Each contact entry shall include the name or initials of the person who prepared the entry.<br /> <br /> When negotiations are unsuccessful, and the negotiator considers further attempts to negotiate to be futile, recommendations for action should be recorded.<br /> <br /> The negotiator’s report must be uploaded to eProjects under the applicable project and parcel.<br /> <br /> ===236.7.2.13 Payment Prior to Possession===<br /> <br /> No owner will be required to surrender possession of real property acquired for highway purposes prior to payment of the agreed purchase price or payment of the Commissioners' Award into court for property acquired by condemnation proceedings.<br /> <br /> ===236.7.2.14 Title Update Prior to Payment===<br /> <br /> Prior to payment to an owner for property and/or property rights, the public records must be searched to determine that no transactions have occurred on the property being acquired subsequent to the latest title search. This must be done on each parcel except when a title insurance company or abstractor is employed by written agreement to act as escrow agent to make distribution of funds. When a bank or other parties act as escrow agents, the title update shall be made prior to delivery of checks to such escrow agents.<br /> <br /> ===236.7.2.15 Possession and Vacancy Notices===<br /> <br /> Owner and tenant occupants of buildings acquired for highway purposes shall not be required to move from a dwelling or to move a business, nonprofit organization or farm operation without at least 90 days' written notice of the date by which such move is required.<br /> <br /> Possession policies and procedures for sending notices to vacate are contained in [[236.8 Relocation Assistance Program#236.8.14 Relocation Assistance Program - Possession Policies and Vacancy Notices|EPG 236.8.14 Relocation Assistance Program - Possession Policies and Vacancy Notices]].<br /> <br /> ===236.7.2.16 Extension of Possession and Fair Rental Value===<br /> <br /> When the proposed letting schedule permits, an owner or tenant may be authorized an extension of possession based on a monthly rental rate, as described in [[236.5 Property Management#236.5.26 Acquired Improvements|EPG 236.5.26 Acquired Improvements]]. An Extension of Possession Agreement, (Form 5-6.4 (CCO RW12)), (Form RW12 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) shall be used when the original occupant is allowed to extend possession up to one year. If it is necessary to extend possession beyond the one year time period, the Extension of Possession Agreement shall be canceled and replaced with a Lease of Premises Agreement, (Form 5-5.5 (CCO RW14)). (Form RW14 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].) An extension of possession that is expected to last beyond one year is to be written on a Lease of Premises Agreement rather than an Extension of Possession Agreement.<br /> <br /> When an owner or tenant is granted an extension of possession, a monthly rental rate shall be established and should be collected in advance for each monthly period of extension. The rental value for owner-occupied and tenant-occupied property will be determined by the method established in [[236.5 Property Management#236.5.26 Acquired Improvements|EPG 236.5.26 Acquired Improvements]].<br /> <br /> ===236.7.2.17 Coercion===<br /> <br /> The Uniform Act forbids an acquiring agency from taking any coercive action in order to compel owners to agree on a price for their property. All negotiations shall be conducted in such a manner as to avoid coercing owners to reach agreement. Condemnation shall not be used as a threat. The property owners shall be given a reasonable amount of time to consider the offer and to obtain professional advice or assistance if they so desire. The agency shall not advance the time of condemnation, or defer negotiations or condemnation or the deposit of funds with the court, in order to induce an agreement on the compensation to be paid for the property.<br /> <br /> ===236.7.2.18 Non-Discrimination===<br /> <br /> The real estate acquisition function shall be conducted in such a way and manner as to assure that no person shall on the ground of race, color, religion, creed, national origin, sex, age, ancestry, or physical ability be denied the benefits to which the person is entitled or be otherwise subjected to discrimination.<br /> <br /> ===236.7.2.19 Acquisition by Mediation===<br /> <br /> Mediation is an option offered by MoDOT that can be described as a process in which a neutral and impartial third party assists parties in disagreement to negotiate an acceptable settlement. Complete policies and procedures regarding mediation are described in [[236.11 Mediation|EPG 236.11 Mediation]].<br /> <br /> Mediation is not intended to replace or reduce the importance of the negotiation process for the acquisition of property and/or property rights nor does it preclude the use of administrative settlements.<br /> <br /> Should the mediation process not be successful with the parties failing to reach agreement, the needed property and property rights will then be acquired by the normal condemnation process.<br /> <br /> Mediation shall be offered, in writing, to all property owners (who have not settled) prior to filing a condemnation petition, unless approval is received from the Asst. to the State Design Engineer - Right of Way and the [http://sp/sites/cc/Pages/default.aspx Chief Counsel’s Office].<br /> &lt;div id=&quot;Prior to offering mediation&quot;&gt;&lt;/div&gt;<br /> Prior to offering mediation or in the event mediation has been waived, the [[media:236.11.1.3_Impasse.docx|Impasse Letter]] can be provided to the property owner as another tool to communicate the necessity to settle the parcel.<br /> <br /> ===236.7.2.20 Acquisition by Condemnation===<br /> <br /> '''A. When Condemnation Procedure Initiated'''<br /> <br /> Complete policies and procedures regarding eminent domain procedures are described in [[236.10 Right Of Way Condemnation|EPG 236.10 Condemnation Procedures]]. An appropriate time to consider condemnation is when it is determined that the property and property rights cannot be acquired through negotiations or mediation. Mediation must have at least been offered to the property owner before proceeding with condemnation.<br /> <br /> '''B. Transfer of Responsibility From Right of Way to District Counsel'''<br /> <br /> When it is determined that a property cannot be acquired through negotiation or mediation, the responsibility of acquisition is transferred to the district counsel. Negotiation to acquire the property can continue by either the negotiator or attorney assigned to the tract, until the commissioner’s award has been filed.<br /> <br /> '''C. Information Packet Required by District Counsel'''<br /> <br /> The information needed by the district counsel’s office includes but is not limited to the following:<br /> <br /> :*[http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator’s Report], (Form 7-2.13) and typed Negotiator’s Log detailing counteroffers and settlement offers, requests for design changes, etc.<br /> :*Latest title report<br /> :*Two copies of appraisal with [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Approval of Just Compensation], (Form 6.4.3)<br /> :*List of parties to be named as defendants and served notice<br /> :*Copy of pertinent documents (i.e. easements impacting the acquisition area, trust agreements, etc).<br /> :*Copy of pertinent correspondence<br /> :*Copies of property descriptions to be used in the Condemnation Petition. <br /> :*Copies of the [http://sharepoint/sites/de/epg/Lists/EPGResponse/Attachments/825/Surveyor%20Legal%20Description%20Cover%20Sheet%20(2).doc Legal Description, Exhibit A] for each property description submitted. <br /> <br /> '''D. Owner’s Expenses in Condemnation Are Not Reimbursable'''<br /> <br /> When MoDOT institutes and concludes a condemnation action to acquire real property, the owner of the property is not entitled to reimbursement for their expenses, including attorney, appraisal and engineering fees actually incurred because of the condemnation proceedings.<br /> <br /> ===236.7.2.21 Reimbursement of Owner’s Expenses===<br /> <br /> '''A. Reimbursement of Property Transfer Expense'''<br /> <br /> The owner of property acquired will be reimbursed for recording fees, transfer taxes and similar expenses incidental to conveying the property. These expenses are normally paid directly by the department.<br /> <br /> '''B. Reimbursement of Mortgage Prepayment Penalty'''<br /> <br /> Owners will be reimbursed for actual penalty costs for prepayment of a preexisting mortgage entered into in good faith and filed of record prior to the initiation of negotiations. These costs will be reimbursed when the property is acquired in its entirety or the acquisition is of such magnitude that the remainder will not provide collateral for the mortgage and/or the mortgagee legally requires penalty costs for prepayment of the mortgage. The owner is responsible for submission of paid receipts of penalty costs and request for reimbursement to the district office.<br /> <br /> '''C. Reimbursement of Real Estate Tax'''<br /> <br /> Information pertaining to the reimbursement of taxes is contained in the offer letter and the [http://eprojects/Templates/RW/Chapter%207_Negotiation/Pathways%20for%20Progress%20brochure.pdf Pathways for Progress brochure]. During negotiations, the owner will be provided with the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20Owners%20section.pdf Prorata Real Estate Tax Claim, Owner's Section] (Form 7-2.22C). <br /> <br /> Owners will be reimbursed for a pro rata portion of the state, county and city real estate taxes paid for the current taxable year on property purchased by the Commission. The pro rata portion of taxes will cover the full number of months remaining in the calendar year after payment is received by the owner or escrow agent for the property. Claims for reimbursement must be made within six months after the city or county tax delinquent date. Delinquent tax payments are not reimbursable. The owner is responsible for submission of paid tax receipts and Form 7-2.22C to the district office for reimbursement.<br /> <br /> :'''1'''. Pro-ration of Real Estate Taxes<br /> <br /> :The following procedures will be followed for computing the pro-ration of real estate taxes, for all contiguous holdings under the same ownership normally considered in a before and after appraisal. The [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20Owners%20section.pdf Prorata Real Estate Tax Claim] (Form 7-2.22C) is self-explanatory.<br /> <br /> ::'''a'''. Total Acquisition of Property<br /> <br /> ::Divide the annual taxes by 12 and multiply by the number of full months remaining in the taxable year after payment is delivered to the owner or escrow agent or the condemnation award is paid into court.<br /> <br /> ::'''b'''. Partial Acquisition of Property:<br /> <br /> ::Divide the approved compensation, payable to fee holder for land, improvements, property rights and/or damage to remainder, by the value of the entirety as indicated on line E, (1) of right of way [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Form 6.4.3], then multiply computed percentage by the amount on the tax bill. Divide the resulting figure by 12 and multiply by the number of full months remaining in the taxable year after payment for the realty rights is delivered.<br /> <br /> ::'''c'''. Impact of Waiver Valuation on Proration of Taxes<br /> <br /> ::If the compensation for realty rights is established by the use of a waiver valuation, the property value established by the County Assessor can be used in the calculation.<br /> <br /> ::'''d'''. Impact of Administrative Settlements and Condemnation on Proration of Taxes<br /> <br /> ::The amount of an administrative settlement or condemnation award is not a factor in computing tax reimbursement. Computations will be done in the exact same manner as when property is acquired at the approved offer.<br /> <br /> ::'''e'''. Impact of Exchange of Land on Proration of Taxes<br /> <br /> ::When land owned by the state is traded for land acquired, the owner is eligible for reimbursement of taxes. In most instances when a trade occurs there will be an appraisal of both the land to be traded and the land acquired; therefore, when tax reimbursement is determined, the trade will be given the same consideration as though a cash transaction had transpired.<br /> <br /> ::'''f'''. Impact of Donation on Proration of Taxes<br /> <br /> ::When land is donated, the owner is eligible for reimbursement of taxes. Value of the land donated and value of entirety can be determined by utilizing data from the County Assessor's office.<br /> <br /> ::'''g'''. Impact of Damage-Only Offers on Proration of Taxes<br /> <br /> ::Should the acquisition consist solely of damages caused by the imposition of temporary easements and no permanent reduction in value is evident in the after situation, proration of taxes will not be needed. In this case, the assessed value for tax purposes would not be affected by the acquisition.<br /> <br /> '''D. Appeal for Expense Eligibility'''<br /> <br /> Property owners may file a written appeal with the agency if they believe that the agency has failed to properly consider their application for reimbursement of expenses incidental to the transfer of title. The time limit for filing an appeal is 60 days after they receive written notification of the agency’s determination on their claim. The appeal procedure follows that of [[236.8 Relocation Assistance Program|EPG 236.8 Relocation Program]].<br /> <br /> ===236.7.2.22 Cost of Moving Utilities===<br /> <br /> Current [[643.3 Policy, Standards and Regulations|Commission policy]] provides that the cost of relocation and re-connection of privately owned service lines of a public utility is to be included with the other necessary utility work of the project, at MoDOT’s expense. Such costs should not have been considered in the appraisal process.<br /> <br /> Most utility companies reconnect the private service lines at no cost to the property owner, but some do not. The cost to move and reconnect service lines that lie on or in existing Commission owned property is a noncompensable item. The cost to the owner to reconnect these services cannot be included in the appraised compensation.<br /> <br /> Providing for the adjustment of utilities for a project is the responsibility of district design. There are situations, however, in which right of way personnel will have involvement. Owners of utility lines on existing Commission owned property are responsible for costs of adjustments. Therefore, the property owner may have responsibility for adjustment costs in cases where the utility company only owns the main. The department will pay for the cost of the adjustment between the old and new boundary lines.<br /> <br /> All owners shall be advised that they are responsible for adjustment costs for their service lines on existing Commission owned property and that the department will provide compensation for any part of the adjustment on new property being acquired.<br /> <br /> If property is secured from a property owner who owns a service line that requires adjustment, the cost of the adjustment and any compensation due the property owner will be made during the construction of the project. The method of adjustment is to be handled as follows:<br /> <br /> Service line adjustments are included in our roadway contracts. Bid items are provided for the different types of anticipated adjustments. If the property owner elects to have the Commissions' contractor do the work, the portion of cost of adjustment on the new property acquired is provided by the Commission and no further obligation to the owner is necessary. Construction personnel will compute the cost for the adjustment that was on existing Commission owned property and the property owner will be billed for that part only. If the service line adjustment is done by the property owner's plumber and property is secured for the project, the property owner will be compensated for the actual cost of adjustment on the new property acquired. The property owner will not be compensated for more than the cost determined by the amount based on the roadway contractor's bid items.<br /> <br /> ===236.7.2.23 Condemnation of Temporary Driveway Connection Easements===<br /> <br /> Parcels are not generally condemned when the only acquisition is for a temporary easement for the purpose of reconnecting a driveway. If the owner is not agreeable to accept the offer or settlement, and district design determines the driveway can be constructed on existing Commission owned property, the easement should be removed from the plans, a corrected plan sheet sent to the owner and the parcel voided. A letter accompanying the plan sheet should describe, in as much detail as possible, what the physical features of the proposed construction will be, and outline problems the design may cause the owner in their own reconnection of the driveway.<br /> <br /> ==236.7.3 Administrative and Legal Settlements==<br /> <br /> ===236.7.3.1 Administrative Settlements===<br /> <br /> '''A. Purpose'''<br /> <br /> Administrative settlements are made for the purpose of concluding negotiations for amounts considered reasonable, prudent and in the public interest, after reasonable efforts to negotiate agreements at the approved offers have failed.<br /> <br /> Administrative settlements are not to be used for the purpose of correcting errors or omissions in an appraisal. Correcting the appraisal and making a revised offer is the method used to correct such errors and omissions.<br /> <br /> '''B. Definition'''<br /> <br /> An administrative settlement is any settlement authorized by the district right of way manager for a monetary consideration that differs from the approved estimate of just compensation. All settlements above the approved just compensation require written justification (Form 7-3.3.1).<br /> <br /> :'''1'''. Administrative Settlement in Negotiations and Mediation<br /> <br /> :Negotiation and mediation administrative settlements are those made by right of way personnel, prior to filing of a condemnation commissioners' award with the circuit court.<br /> <br /> :Reduction of approved salvage value is considered an administrative settlement. Settlements made in the mediation process are considered administrative settlements. Homestead and heritage payments are also considered administrative settlements. All administrative settlements require documentation in the tract file (Form 7-3.3.1).<br /> <br /> :It is important that district right of way and regional counsel concur in settlements made during the condemnation process. Regional counsel should be advised of all settlements attempted or concluded after a project has been turned over to counsel for condemnation, so that a consensus is reached for the settlement, and that a motion to dismiss the parcel from the petition can be filed.<br /> <br /> :'''2'''. Legal Administrative Settlement<br /> <br /> :Legal administrative settlements are those made by regional counsel personnel after the condemnation commissioners have reported their award to the circuit court and before exceptions are filed. Settlements after exceptions are filed are referred to as Stipulated Settlements (approved by the circuit court) and are referred to by counsel merely as &quot;settlements&quot;.<br /> <br /> :All settlements by regional counsel require the concurrence of right of way.<br /> <br /> :Regional counsel may approve settlements less than $250,000 with the concurrence of the district right of way manager.<br /> <br /> :Settlements less than $250,000, in which the district right of way manager does not concur must be approved by the Assistant Chief Counsel - Litigation and the Asst. to the State Design Engineer - Right of Way.<br /> <br /> :The Assistant Chief Counsel - Litigation and the Asst. to the State Design Engineer - Right of Way must approve settlements greater than $250,000.<br /> <br /> ===236.7.3.2 Administrative Settlements Considerations===<br /> <br /> After a diligent effort has been made to consummate settlements for the approved amounts of just compensation, the district right of way manager should review each parcel not acquired by negotiation and determine whether to make administrative settlements, pursue mediation, or acquire by condemnation.<br /> <br /> The district right of way manager should review all pertinent information relevant to consideration of a settlement, such as:<br /> <br /> :*Approved appraisal reflects current market conditions<br /> :*Consideration in the appraisal of subjective elements of damage<br /> :*Other appraisals of subject<br /> :*The Negotiator's Report regarding damage factors claimed by the owner<br /> :*Counteroffers made by the owner<br /> :*The range of probable testimony<br /> :*Recent jury verdicts for similar type properties<br /> :*Estimated court costs<br /> :*Opinion of legal counsel regarding probable result of proceeding with condemnation.<br /> <br /> '''Note''': Administrative settlements are not to be used to correct errors or omissions of the appraisal. Correcting the appraisal and making a revised offer is the method used to correct such errors and omissions.<br /> <br /> '''Revised Offer Based on Revised Appraisal'''<br /> <br /> If it appears that the approved amount of just compensation does not reflect current market conditions or does not consider all compensable elements of just compensation, an updated appraisal should be secured. A revised offer letter and revised valuation shall be promptly given to the owner. This is not considered an administrative settlement.<br /> <br /> ===236.7.3.3 Making Administrative Settlements===<br /> <br /> Having determined that it is in the public interest to make an administrative settlement, the district right of way manager establishes an equitable amount for the settlement. The amount and other terms of the settlement are then relayed to the owner either verbally or in writing. Should the owner accept the proposal, the necessary conveyance documents are executed, showing the final settlement amount.<br /> <br /> '''Administrative Settlement Justification Letter'''<br /> <br /> At the conclusion of an administrative settlement, the district shall prepare a letter of justification (Form 7-3.3.1) that sets out the terms of the settlement and the factors upon which it was based. A copy of this letter is to be sent to the Right of Way Section when the parcel is submitted for payroll.<br /> <br /> Administrative settlement justification is not to be based on perceived inadequacies of the appraisal process. If the appraisal, on which the offer was based, is subsequently believed to be deficient, a new or revised appraisal should be secured.<br /> <br /> ===236.7.3.4 Approving and Processing Legal Settlements (Stipulated Settlements)===<br /> <br /> As previously stated, stipulated settlements are those made after a commissioners' award has been filed with the circuit court. Settlements less than $250,000 will be submitted to the circuit court for approval after the concurrence of the district right of way manager. Settlements greater than $250,000, or which the district right of way manager does not concur, require the concurrence of the Asst. to the State Design Engineer - Right of Way and the Assistant Chief Counsel - Litigation.<br /> <br /> To accomplish these settlements, regional counsel or assistant regional counsel prepares a [http://eprojects/Templates/RW/Chapter%207_Negotiation/Pre-trial%20report%20Exh%205E.1.docx Pre-Trial Report]. The comments of the district right of way manager and the Asst. to the State Design Engineer - Right of Way should be considered by the Assistant Chief Counsel - Litigation, prior to final approval of the settlement.<br /> <br /> ==236.7.4 Escrow Agreements, Deeds of Release and Purchase Agreement==<br /> <br /> ===236.7.4.1 Purpose===<br /> <br /> This information establishes MoDOT’s procedures for using escrow agreements, subordination of mortgage liens, deeds of release and purchase agreements in the acquisition of land and easements.<br /> <br /> The negotiator should know what documents will be required for closing depending on ownership and value of the property. The checklist of items (provided in the links following), include those required documents, depends on whether [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator%20Packet%20Table%20of%20Contents%20-%20Closing%20with%20MoDOT.doc MoDOT] or a [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator%20Packet%20Table%20of%20Contents%20-%20Closing%20with%20Title%20Company.doc title company] will be conducting the closing.<br /> <br /> ===236.7.4.2 Escrow Agreements===<br /> <br /> An Escrow Agreement (fee owner) (Form 7-4.2A (CCO RW8)) or a Tenant Escrow Agreement (Form 7-4.2B (CCO RW10)), is used when an escrow agent is used (see [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services|EPG 236.4.4.6]]). (Forms RW8 and RW10 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> The use of an Escrow Agreement is not required when obtaining property or property rights from another government agency.<br /> <br /> When the acquisition involves only a temporary easement, it is not required to escrow the payment unless circumstances warrant it.<br /> <br /> '''A. Escrow Agreement (Fee Owner)'''<br /> <br /> :'''1'''. When the Escrow Agreement is used<br /> <br /> :The escrow agreement shall be used to establish possession of occupied buildings, removal of buildings or equipment if retained by the owner, and provide for payment of taxes, liens, mortgages, or other encumbrances.<br /> <br /> :'''2'''. Contaminated Property Provision<br /> <br /> :Certain required paragraphs of the escrow agreement provide for owner disclosure of contamination, testing for contamination and termination of the acquisition under certain conditions of contamination. If there is an indication that the property being acquired is contaminated and is to be tested, the check for the real estate payment should not be delivered to the escrow agent until it is determined that the department will proceed with the acquisition, without further attention to the contamination. <br /> <br /> '''B. Tenant Escrow Agreement'''<br /> <br /> :'''1'''. When Tenant Escrow Agreement is used<br /> <br /> :The Tenant Escrow Agreement (Form 7-4.2B, RW10) (Form RW10 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is used when necessary to ensure removal or possession of tenant-owned improvements or equipment retained by the tenant owner.<br /> <br /> :The Tenant Escrow Agreement may be used to acquire tenant interests prior to conveyance or condemnation of fee holder interests, only if a Release of Structures and Leasehold (Form 7-2.7D (CCO RW15)) (Form RW15 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), is executed by the fee owner and attached to the Tenant Escrow Agreement.<br /> <br /> :'''2'''. Phrases for Release of Structures and Leasehold if Tenant Escrow Agreement is not used<br /> <br /> :In cases where it is deemed unnecessary to use the Tenant Escrow Agreement, one of the following paragraphs, as applicable, should be included in the Release of Structures and Leasehold.<br /> <br /> ::&quot;Party of the First Part hereby agrees to vacate and give peaceable possession of said above described property to Commission within ______ days after payment of the consideration. At the conclusion of this possession period all of the improvements being conveyed herein shall become the property of the Commission to dispose of in anyway it deems necessary.&quot;<br /> <br /> ::&quot;Party of the First Part hereby retains the right to salvage (describe structure) and hereby agrees to remove said structure within _______ days after payment of the consideration. Commission may, after said date and without repercussion from Party of the First Part, dispose of said structure in anyway it deems necessary.&quot;<br /> <br /> ::&quot;Party of the First Part hereby retains the right to salvage (describe structure) and hereby agrees to remove said structure by the _____ day of ________, 20___. Commission may after said date and without repercussion from Party of the First Part, dispose of said structure in anyway it deems necessary.&quot;<br /> <br /> '''Requirements for the Retention of Improvements'''<br /> <br /> Requirements for the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Requirements%20for%20the%20Retention%20Form%207.4.2C.pdf Retention of Improvements] (Form 7-4.2C,) must be incorporated with any Escrow Agreement or Agreement for Purchase of Real Estate. The form sets out the requirements of an owner or tenant that elects to retain improvements or equipment for removal from the acquired land.<br /> <br /> ===236.7.4.3 Deed of Release and Partial Deed of Release===<br /> <br /> Obtaining Deeds of Release and Partial Deeds of Release] (Form 7-4.3, RW25) (Form RW25 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is the responsibility of the escrow agent. When obtaining a release from a corporation, a corporation release form is normally used. For individuals or partners, a non-corporation release form is to be used. Most title companies, banks, and other lending institutions carry appropriate forms as part of their routine business. The escrow agent is to either prepare the release for execution by the lien holder or provide the lien holder with the property description for inclusion in the release.<br /> <br /> ===236.7.4.4 Agreement for Purchase of Real Estate===<br /> <br /> '''A. When Agreement for Purchase of Real Estate is used'''<br /> <br /> The Agreement for Purchase of Real Estate, Form 7-4.4 (CCO RW7) (Form RW7 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is used when purchasing property or property rights and an escrow agreement is not being used as discussed in [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services|EPG 236.4.4.6 Escrow Services]]. As required by [https://revisor.mo.gov/main/OneSection.aspx?section=141.250 RSMo 141.250], the proceeds derived from the sale of any lands with a tax lien, shown by records of land trust, the land bank agency, or the city or county collector, shall be distributed to the lien holders first before any proceeds are paid to the property owner. The negotiator is required to determine whether any tax liens exist and ensure the lien holder is paid before the property owner is paid.<br /> <br /> The use of this agreement is not required when obtaining property or property rights from another governmental agency.<br /> <br /> The use of this agreement is not required when only temporary rights are being acquired via a temporary easement unless circumstances warrant it.<br /> <br /> '''B. Contaminated Property Provision'''<br /> <br /> If there is an indication that the property being acquired is contaminated and is to be tested, the check for payment of the real estate should not be delivered to the owner until such time that it has been determined that the department will proceed with the acquisition.<br /> <br /> ===236.7.4.5 Subordination of Mortgage Liens===<br /> <br /> The Partial Deed of Release, RW25, is the most commonly used, and preferred, document when obtaining a partial acquisition from a mortgaged property. <br /> <br /> Please note that this document serves as a partial release of a mortgage but merely subordinate the lender’s interest in the acquired property to the rights of the Commission. This document is usually signed prior to payrolling the acquisition and then held in escrow along with the conveyance documents until payment is made to the escrow agent.<br /> <br /> ==236.7.5 Railroad, State and Federal Acquisitions==<br /> <br /> ===236.7.5.1 Purpose===<br /> <br /> This information establishes MoDOT’s procedures for acquiring railroad land and railroad right of way, federal land and land owned by the State of Missouri.<br /> <br /> ===236.7.5.2 Railroads===<br /> <br /> '''A. General'''<br /> <br /> The acquisition of land owned by railroad companies is a dual responsibility of district right of way and the Multimodal Operations Division (for additional information see [[643.4 Railroads|EPG 643.4 Railroads]]).<br /> <br /> Plans approved for acquisition purposes will indicate a separate parcel number for the operating railroad right of way and to each parcel of non-operating railroad property owned by a railroad.<br /> <br /> District right of way is responsible for the acquisition of non-operating railroad property. The Multimodal Operations Division will acquire non-operating land only when they are also acquiring operating right of way from the same railroad.<br /> <br /> The Railroad Projects Manager is responsible for acquisitions, agreements and/or documents related to operating railroad right of way. If both operating right of way and non-operating land are required from the same railroad, all necessary information will be provided to the Multimodal Operations Division.<br /> <br /> '''B. Acquisition Procedures - Non-operating Railroad Land'''<br /> <br /> The Multimodal Operations Division will acquire non-operating land if operating right of way is also being acquired from the same railroad.<br /> <br /> :*Obtain title information for each parcel. The conveyance of the property to the railroad is sufficient unless the land involved is a recent purchase.<br /> :*Appraise each parcel in accordance with current appraisal procedures.<br /> :*Prepare a deed with metes and bounds description. A Warranty Deed (Form 4-7.1A (CCO RW3)) or Quit Claim Deed (Form 4-7.2 (CCO RW2)) is desirable and have been accepted by railroads in some situations, or use an Easement for Highway Purposes, or 4-7.5 (CCO RW23). (Forms RW2, RW3 and RW23 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> When only non-operating railroad land is involved, negotiate in accordance with current acquisition procedures. The name of the railroad's authorized representative may be obtained from the Multimodal Operations Division Railroad Projects Manager.<br /> <br /> '''C. Acquisition Procedures - Operating Railroad Right of Way'''<br /> <br /> :*Obtain title information for each parcel.<br /> :*Appraise each parcel in accordance with current appraisal procedures.<br /> :*Prepare a metes and bounds legal description for the easement area and provide to the Multimodal Operations Division to include in an easement or grade separation agreement.<br /> :*Prepare and transmit to the Multimodal Operations Division an undated offer letter reflecting the approved just compensation. Tax proration phrases should not be included in the offer letter.<br /> :*Transmit to the Multimodal Operations Division an appraisal or waiver valuation and three plan sheets.<br /> <br /> '''D. Controlled Access from Railroads and Abutting Owners'''<br /> <br /> When a proposed controlled access boundary line intersects or coincides with a railroad right of way line, all easements should include a controlled access clause for access rights from the railroad and adjoining owners of underlying rights.<br /> <br /> Also, when the proposed controlled access boundary line and the railroad right of way line coincide, it is necessary to acquire abutters' rights of direct access from owners of land and property rights adjoining the opposite side of the railroad right of way.<br /> <br /> '''E. Acquiring Underlying Fee in Railroad Land and Right of Way'''<br /> <br /> It is advisable to acquire the underlying fee rights of current adjoining successors in title, when acquiring non-operating railroad land.<br /> <br /> When a proposed highway boundary line crosses or intersects the right of way of an operating railroad, it may be necessary to acquire the underlying fee within the limits of the railroad right of way from adjacent owners who have reversionary rights. It is the discretion of the district right of way manager as to whether or not the underlying fee should be acquired. The necessity increases, as the likelihood of future railroad abandonment increases.<br /> <br /> The description on deeds for each underlying fee owner will extend to the center of the railroad right of way or include the entire railroad right of way, when applicable, and will contain the wording &quot;subject to railroad right of way.&quot;<br /> <br /> '''F. Condemnation of Railroads'''<br /> <br /> The Railroad Projects Manager is to be notified of the anticipated date of condemnation when the Multimodal Operations Division is acquiring railroad property.<br /> <br /> District right of way will be responsible for including in condemnation both operating and non-operating railroad property that are not acquired by negotiation. Prior to preparation of a condemnation petition, determine from the Multimodal Operations Division the status of negotiations and a recommendation to include or exclude railroad property in condemnation. Railroad property is not to be included in the condemnation petition unless the Multimodal Operations Division has received proper authorization from the Department of Economic Development, Division of Motor Carrier and Railroad Safety.<br /> <br /> ===236.7.5.3 Acquisition from Federal Agencies===<br /> <br /> When land or property rights are to be acquired from the United States Army, Air Force, Navy, Veterans Administration, or the Bureau of Indian Affairs, district right of way is authorized to negotiate directly with the agency. For acquisitions from all other federal agencies, application must be made through the Federal Highway Administration. District right of way is to prepare all required documents and transmit them to the Right of Way Section for handling with Federal Highway Administration.<br /> <br /> ===236.7.5.4 Acquisition from State of Missouri Agencies===<br /> <br /> '''A. Acquisition from Conservation Commission and the University of Missouri'''<br /> <br /> Other than the MHTC, the Conservation Commission and the University of Missouri are the only Missouri state agencies that have authority to convey real property. When the MHTC acquires land or property rights from one of these two agencies, district right of way shall negotiate directly with the agency. <br /> <br /> The curators of the University of Missouri are vested with the power to convey property owned by the University in § 172.020, RSMo. This section reads, in part, “The Curators of the University of Missouri…shall have perpetual…power…to take, purchase and to sell, convey and otherwise dispose of lands and chattels…”. This is consistent with § 37.005.9, RSMo which specifically excepts property owned by the university from other state property which vests in the governor and requires authorization from the general assembly before it can be conveyed. <br /> <br /> It is not as clear whether the Department of Conversation/Conservation Commission has the power to convey the property it owns. However, Art. IV, § 40(a) of the Missouri Constitution gives the Conservation Commission the control, power and management over all property owned, acquired or used for conservation purposes. While this constitutional provision does not specifically state that the Conservation Commission has the power to convey property, a reasonable interpretation of this section, read in conjunction with § 37.005.9, RSMo., is that the Conservation Commission has the power to convey property. <br /> <br /> '''B. Acquisition from All Other State Agencies'''<br /> <br /> State agencies, other than those identified above, are required, by statute, to obtain authority to convey real property by an act of the General Assembly. The Governor may execute conveyances of easement rights only without authorizing legislation.<br /> <br /> :'''1'''. Land Acquisition<br /> <br /> :For all agencies other than those identified above state statute provides for the conveyance of fee simple interest in real property, by a specific act of the General Assembly that will be arranged by the Right of Way Section. The legislative act authorizes the Governor to execute the conveyance document, after it has been approved as to form by the Attorney General’s office.<br /> <br /> :'''2'''. Easement Acquisition<br /> <br /> :When only easement rights are to be acquired, the statute permits the Governor to convey an easement without legislative action, after the document is approved as to form by the Attorney General's Office.<br /> <br /> :The document CCO RW24 may be used for these acquisitions, with a suggested heading change to EASEMENT(S) ON STATE PROPERTY FOR HIGHWAY PURPOSES. (Form RW24 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].) This heading change does not require approval by Chief Counsel Office.<br /> <br /> :'''3'''. Acquisition Procedure<br /> <br /> :District right of way shall:<br /> <br /> ::*contact the local agency representative<br /> ::*explain the acquisition<br /> ::*obtain permission to inspect<br /> ::*appraise the property or secure donation<br /> ::*review and approve Just Compensation<br /> ::*prepare offer letter<br /> ::*prepare Quit Claim Deed<br /> <br /> :Forward appraisal, offer letter, Quitclaim Deed, and plan sheets to the Right of Way Section. The Right of Way Section will:<br /> <br /> ::*negotiate directly with the agency<br /> ::*secure executed deed<br /> ::*process payroll<br /> ::*deliver check to the agency<br /> ::*transmit executed deed to the district for recording<br /> ::*transmit to district negotiator’s report and contact log<br /> ::*prepare and transmit to district an administrative settlement letter, if necessary<br /> <br /> ==236.7.6 Acquisitions of Maintenance Sites and Other Capital Improvement Sites==<br /> <br /> ===236.7.6.1 Purpose===<br /> <br /> This information describes MoDOT’s procedures for acquiring maintenance sitesand other capital improvement sites.<br /> <br /> ===236.7.6.2 Site Selection and Approval===<br /> <br /> Site selection, including environmental studies of proposed sites, is the responsibility of the district subject to approval of the General Services Director.<br /> <br /> Once the location for a new site is chosen or the decision is made to expand a facility, the General Services Division will request district right of way to determine the market value of the property. <br /> <br /> All property to be acquired for capital improvement purposes shall be appraised in accordance with [[236.6 Appraisal and Appraisal Review#236.6.3.8 Maintenance Lot and Capital Improvement Valuation|EPG 236.6 Appraisal and Appraisal Review]]. In those instances where only a portion of the total property is to be acquired, appraisers shall determine if the acquisition will damage the remaining property. If in their opinion the remaining property is damaged, the appraisers shall prepare a before and after appraisal of the property setting forth such damages. If in their opinion there is no damage to the remainder, appraisers are to make a statement to that effect in the appraisal report and appraise the part to be acquired as a total tract.<br /> <br /> Upon completion of the appraisal, it is to be reviewed in the district in accordance with [[236.3 Administration|EPG 236.3]]. A copy of the approved appraisal shall be forwarded by the district to the General Services Division for funding allocations.<br /> <br /> ===236.7.6.3 Acquisition Procedure===<br /> <br /> Upon receipt of concurrence, the General Services Division will advise district right of way to initiate negotiations for acquisition of the property. A [http://eprojects/Templates/RW/Chapter%207_Negotiation/Offer%20Letter%20Form%20-%20Capital%20Improvements%207.6.3.docx letter of offer on capital improvement facilities] (Form 7.6.3), is to be used in making offers to property owners. District right of way should follow acquisition procedures outlined in the areas of [[236.3 Administration#236.3.5 Right of Way Expenditures|payrolling]], [[236.4 Description Writing and Titles#236.4.4.8 Obtaining Title Insurance and Title Commitments|abstract or title insurance]], and the use of [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services|Escrow Agents]].<br /> <br /> All capital improvement sites and additions shall be acquired in fee simple title. The deed for conveyance shall be based on an accurate survey of the property. A professional land surveyor shall complete the survey. <br /> <br /> Negotiations for all new or additions to capital improvement facilities shall be based on approximate boundaries. If the owner is agreeable to selling the property for the approved amount, said survey will be made for preparation of the deed.<br /> <br /> Appropriate efforts to acquire the property for the approved amount should be made; however, if the owner refuses the offer but through either a counteroffer or other means it is determined that the property can be purchased for an amount above the approved offer, so advise the General Services Division with a recommendation. The General Services Division will advise the district whether or not to proceed at the higher price. <br /> <br /> Upon successful negotiations for the capital improvement site or addition, the payroll shall be completed in the same manner as other payrolls for land acquisitions and submitted to the Right of Way Section. Upon receipt of the check by district right of way, the deed and survey plat will be recorded. Copies of the recorded deed and survey shall be submitted to the General Services Division and the State Maintenance Engineer.<br /> <br /> Condemnation proceedings shall not be initiated for a capital improvement location unless specifically instructed to do so by the Right of Way Section.<br /> <br /> The cost of appraisals, survey expenses, title work and other miscellaneous right of way items as well as the cost of the site itself shall be charged to the appropriate project number established by the General Services Division.<br /> <br /> ==236.7.7 1099 Reporting of Acquisitions==<br /> <br /> ===236.7.7.1 Purpose===<br /> <br /> This information establishes MoDOT’s guidelines and procedures for reporting the acquisition of real estate or real property rights to the Internal Revenue Service (IRS).<br /> <br /> ===236.7.7.2 1099 Reporting Procedure===<br /> <br /> '''A. Transactions to be Reported'''<br /> <br /> The Commission is responsible for reporting the following real estate acquisitions to the IRS: <br /> <br /> :* Real property and or permanent right in excess of $600 will be reported on a 1099-S.<br /> :* Temporary easements if the easement is to last 30 years or more and are paid over $600 will be reported on a 1099 MISC and handled by OA. Damages to remainders for real property and/or permanent rights will be reported on a 1099-S.<br /> :* Damages related to the temporary easement will be reported on a 1099-MISC and will be handled by OA.<br /> :* Damages included with a temporary easement that consist of money provided to a property owner that will not be expended on the property over $600 (for example, removing an entrance/driveway) will be handled by OA and reported on a 1099-MISC.<br /> :* Administrative settlements included with a temporary easement will be handled by OA and reported on a 1099-MISC.<br /> <br /> '''B. Transactions Not Reported'''<br /> <br /> The following are exceptions to the requirements for reporting acquisitions to the IRS:<br /> <br /> :* Purchases from corporations and governmental agencies.<br /> :* If the payment is being made to an escrow agent, the agent handles the 1099 reporting.<br /> :* Cost to cure (damages) included with a temporary easement that consists of money being provided to a property owner to expend on property, for example, trees and fencing. <br /> <br /> '''C. Determining Year of Reporting'''<br /> <br /> Under IRS rules an acquisition has to be reported in the year the transaction is closed. For purchases this is the date the check is received by the escrow agent or the property owner. For condemned property it is the date the Commissioners’ award is deposited with the court. The withdrawal of the award from the court is not considered in determining the date of closing nor the need to report the acquisition. <br /> <br /> '''D. Reporting More Than One Owner'''<br /> <br /> Transactions should be entered in RWPA shortly after they are closed or condemned. In the case of condemned property it will be necessary to base the report on the award. When more than one property owner (other than husband and wife or partnerships) is involved in receiving proceeds from the acquisition, IRS regulations require that an allocation of the gross proceeds be requested by MoDOT. The request must be made at or before the time of closing or at the time the Commissioners’ award is paid into court. This request should be made by certified mail with a copy to each taxpayer.<br /> <br /> If the distribution cannot be determined or if an award is not drawn down from court, it will be necessary to report the entire amount to the IRS for each individual taxpayer. Those individuals whose property is acquired by negotiation yet still refuse to provide a distribution of funds should also receive a request by certified mail. The request should advise taxpayers that if an allocation of funds is not provided the entire amount will be reported as if paid to each taxpayer.<br /> <br /> '''E – RWPA System Requirements for 1099s'''<br /> <br /> All data must be entered on the following screens for a 1099 to be processed:<br /> Location Description screen: Section, Township and Range.<br /> <br /> 1099 screen: Fee Holder/Tenants info: SSN/Tax ID;<br /> ::1099 data – Type (interest or “s” sale), Date Closed, and Gross Proceeds.<br /> <br /> ===236.7.7.3 Taxpayer Identification Numbers===<br /> <br /> It is required that MoDOT request a taxpayer identification number (TIN) from all taxpayers at or before the time of closing. A husband and wife are treated as one taxpayer and only one TIN needs to be supplied. Partnerships and trusts should have a TIN that is to be used instead of social security numbers of the individual partners or the beneficiaries of a trust.<br /> <br /> Under IRS regulations, any person whose TIN is requested must furnish such TIN and certify that the TIN is correct. The solicitation shall be made by providing a written statement to the taxpayer that they are required by law to furnish a correct TIN, and that they may be subject to civil or criminal penalties for failing to furnish a correct TIN.<br /> <br /> The procedures described in [[236.7 Negotiation#236.7.2 Guidelines and Procedures|EPG 236.7.2]] shall be followed in soliciting TINs from taxpayers during negotiations. The paragraph in the offer letter pertaining to TINs will satisfy the above requirement. A [https://oa.mo.gov/sites/default/files/vendor_input_ach_eftd.pdf Vendor Input Form MO 300-1489] can be used with the request.<br /> <br /> When dealing with a representative of the owner(s), it is permissible to request that the representative obtain the TIN from the taxpayer(s); however, if they fail to supply it, a request must be sent to the taxpayer(s) by certified mail.<br /> <br /> A completed Form 7-7.3 will be retained in the parcel file and provided to the escrow agent. A completed Vendor Input Form MO 300-1489 is to be submitted to the Office of Administration.<br /> <br /> '''A. Instructions for Preparing Request for Taxpayer Identification Number and Request for Allocation of Gross Proceeds'''<br /> <br /> The [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20Allocation%20Gross%20Proceeds%20Form%207.7.3.pdf Request for Allocation of Gross Proceeds] (Form 7-7.3) and [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20for%20TIN%20and%20Allocation%20of%20Gross%20Proceeds%20Form%207.7.3.A.docx Request for Taxpayer Identification Number and Allocation of Gross Proceeds - Sample Letter] (Form 7-7.3A), has been prepared as a style sheet. Five fields (County, Route, Job, Parcel and Total Amount to be Allocated) are to be completed by district right of way before giving the form to the property owner.<br /> <br /> A [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20for%20TIN%20and%20Allocation%20of%20Gross%20Proceeds%20Form%207.7.3.A.docx sample letter] (Form 7-7.3A) to accompany the request form is available.<br /> <br /> ===236.7.7.4 Methods for Reporting to the IRS===<br /> <br /> Reporting of real estate transactions to the IRS will be done by one of the following four methods:<br /> <br /> :* If the property is purchased and the transaction is closed by an escrow agent, the escrow agent is to handle the reporting to the IRS. The agreement for title and escrow services as described in [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services|EPG 236.4.4.6 Escrow Services]] provides for this requirement. If a bank or other source is used as an escrow agent, the letter of understanding with the escrow agent should spell out this duty along with the other duties.<br /> :* If the property is purchased and the transaction is not closed by an escrow agent, district right of way is responsible for creating a 1099-S in the RWPA application. The “Property Transfer Settlement” field shall be filled in with “Yes” if part of the consideration for a reportable acquisition transaction consisted of realty. The most current address shall be verified and used on the form.<br /> :* If the property is condemned, it should be determined if the County Clerk is reporting the transaction to the IRS. If they are making the report, MoDOT will not duplicate it. If the County Clerk is not reporting the transactions, district right of way is responsible for creating a 1099-S in the RWPA application.<br /> :* If the property purchased is a temporary easement, OA will handle reporting the 1099-MISC.<br /> :* If interest is ordered to be paid following a condemnation case, OA will handle reporting the 1099-INT.<br /> <br /> ===236.7.7.5 Corrected 1099-S's===<br /> <br /> If a trial or legal settlement occurs during the same tax year that the Commissioners’ Award was reported, district right of way shall correct the 1099-S in the Right of Way Parcel Acquisition application to show the new amount. The 1099-S shall be corrected if the final amount is either more or less than the amount previously reported.<br /> <br /> ===236.7.7.6 Reporting on Condemned Acquisitions===<br /> <br /> '''A. Reporting Jury Verdicts or Settlements in Subsequent Tax Years'''<br /> <br /> If a jury verdict or settlement occurs in a subsequent tax year and the amount of the verdict or settlement is greater than the award, a normal 1099-S for the difference between the verdict or settlement (not including interest) and the previously reported amount shall be created in the Right of Way Parcel Acquisition application by district right of way.<br /> <br /> If a jury verdict or settlement in a subsequent year is for an amount less than the award, no reporting is necessary. <br /> <br /> If the jury verdict or settlement is on a parcel that was condemned in a year in which the department was not required to report transactions, a 1099-S shall be submitted for the difference in the verdict or settlement (not including interest) and the original award. Do not include the original award in this submission, even though MoDOT never reported the original award.<br /> <br /> '''B. Reporting Payment of Interest'''<br /> <br /> When a jury verdict or a legal settlement results in $600 or more of interest being due the property owner, the payment of interest is to be reported to the Internal Revenue Service. In these cases, district right of way shall create a 1099-INT.<br /> <br /> When more than one property owner (other than husband and wife or partnerships) is involved in receiving proceeds from the acquisition, the reporting of interest is to be broken down by the same ratio as the allocation of the gross proceeds among the taxpayers.<br /> <br /> ==236.7.8 Contract Negotiation==<br /> <br /> ===236.7.8.1 Application for Employment as Contract Negotiator===<br /> <br /> All contracts for negotiation services shall comply with statutory, MODOT and E-Verify requirements when applicable. Please refer to [[236.3 Administration#236.3.11 Contracting with MoDOT and E-Verify Requirements|EPG 236.3.11 Contracting with MoDOT and E-Verify Requirements]] for more information.<br /> <br /> Right of Way negotiators employed under agreement by the MHTC must enjoy a good professional reputation and be able to provide evidence of significant experience in Federal-Aid projects and negotiating for [[236.10 Right Of Way Condemnation#236.10.7 Eminent Domain Guidelines|eminent domain]] acquisitions. Additional experience obtained through classes relating to the uniform act and negotiations is considered but not required.<br /> <br /> All fee negotiators who desire to work for MHTC on a contract basis must submit an [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Application%20Employment%20Contract%20Negotiator%20Form%207.8.1.pdf Application for Employment as a Contract Negotiator] (Form 7.8.1), to a district right of way office. When the application is received at the district office, a member of the right of way staff shall conduct an investigation to determine the qualifications of the applicant. This investigation shall be to the extent necessary to determine the abilities of the applicant and the applicant's general reputation within the profession. All clients shown on the application shall be contacted in person or by telephone. All applicants must be recommended by at least two clients.<br /> <br /> After the investigation is completed and district right of way is satisfied with the applicant's qualifications, the district shall transmit to the Right of Way Section its recommendation together with one copy of the application and such other exhibits considered pertinent to the approval process. The Right of Way Section will review the application material to determine the applicant's qualifications and will advise the district office, in writing, of the approval or disapproval of the applicant.<br /> <br /> '''Duration of Approval of Fee Negotiators on the Roster of Approved Negotiators'''<br /> <br /> Duration of approval on the Roster of Approved Fee Negotiators is 3 years. A renewal application will be sent to each fee negotiator prior to their 3 year expiration date as contained in MoDOT’s database. The renewal application will seek to determine the applicants desire to remain on the list and also to capture updated information including address, phone numbers, email addresses and areas of the state the applicant is interested in performing work. Renewal dates are contained in the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved Contract Negotiators (Form 7-8.2)]. If you have any questions you can contact the Right of Way Section of MoDOT's Design Division.<br /> <br /> ===236.7.8.2 Roster of Approved Contract Negotiators===<br /> <br /> The Right of Way Section will maintain a Roster of Approved Contract Negotiators (Form 7-8.2), listing all approved contract negotiators. The roster indicates the districts in which the individual is primarily available to work. However, approved negotiators may work in all areas of the state.<br /> <br /> ===236.7.8.3 Preliminary Contract Negotiation Fee Estimate===<br /> <br /> Although not required, it may be advisable in some circumstances to prepare a preliminary contract negotiation fee estimate. This will document that consideration was given to the negotiation problems that are anticipated and provide a basis for evaluating the reasonableness of proposed fees.<br /> <br /> ===236.7.8.4 Proposal for Contract Negotiations===<br /> <br /> The availability of qualified contract negotiators varies from one location to another and/or from one time period to another, depending upon current economic conditions. Departmental guidelines provides for both the solicitation of competitive proposals and for non-competitive contracting. The availability of qualified contract negotiators and project time constraints may determine the bid process that will be followed.<br /> <br /> Every effort shall be made to select the most qualified negotiators available for the particular assignments involved. Consideration should be given to anticipated negotiation problems, the talents and skills of the prospective negotiators, past performance, and present commitments. The negotiator must have experience working on federal-aid projects and provide a list of those projects within the application. The district shall contact by letter, telephone, or in person each of the selected negotiators to determine their interest in submitting proposals for the required work. <br /> <br /> Each prospective negotiator must familiarize themselves with all aspects of the proposed negotiations assignment. A member of the district right of way staff shall be available to accompany prospective negotiators during a field review of each parcel if requested, in order to acquaint them with project plans, rights being acquired, and any unique problems that may be encountered. <br /> <br /> A proposal packet shall be prepared for each selected negotiator, whether distributing competitive proposals or non-competitive proposals. Each proposal packet should contain the following:<br /> <br /> :* Proposal for Contract Negotiations (Form 7-8.4 (CCO RW33) (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), with parcel number, owner, and realty appraisal format completed on the price page).<br /> :* Blank copy of Negotiator Services Agreement (Form 7-8.5 (CCO RW34)). (Form RW34 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements])<br /> :*Right of Way Plans.<br /> :*Copies of appropriate negotiations forms and form letters.<br /> :*Envelope to district office with '''&quot;Proposed Negotiation Fees - Do Not Open,&quot;''' if requesting competitive proposals.<br /> <br /> '''A. Competitive Proposals for Contract Negotiations'''<br /> <br /> When the competitive proposal process for contracting negotiations is used, the district shall make a reasonable effort to secure proposals from those approved negotiators who have demonstrated expertise to accomplish the proposed negotiation assignments. The request for proposals shall be in writing and is to be mailed simultaneously to negotiators on the &quot;approved&quot; list.<br /> <br /> It should be noted that negotiation agreements are to be awarded to the lowest and best bid. The term &quot;lowest&quot; pertains strictly to the dollar amount of the proposal. The term &quot;best&quot; takes into consideration the issue of timeliness, or delivery date, the comparative level of experience of the bidders, and also the past records of individuals with respect to quality of work product and adherence to agreement requirements and deadlines. In other words, though important, mere submission of the lowest cost proposal will not, in and of itself, assure that bidder of being awarded a particular agreement.<br /> <br /> An envelope directed to District Office shall be provided with a notation prominently displayed '''&quot;Proposed Negotiation Fees - Do Not Open.&quot;''' A proposal packet shall be provided to each negotiator. Every negotiator should be warned not to add or delete any terms or conditions or amend the proposal in any way. Altered or amended proposals will be rejected at the time of opening.<br /> <br /> '''Electronic submissions or faxed submissions of proposals will not be accepted because confidentiality cannot be maintained'''.<br /> <br /> A designated district staff member shall retain all competitive proposals received until time of opening.<br /> <br /> :'''1'''. Opening of Proposals<br /> <br /> :District staff members shall open all proposals at the prescribed time. Personnel supervising the opening shall publicly announce to all in attendance the amounts recited in each proposal.<br /> <br /> :'''2'''. Selection of Successful Proposal<br /> <br /> : The lowest and best proposal is to be selected and the district will prepare a Negotiation Services Agreement (CCO RW34) for execution by the successful bidder. Agreements must contain the same provisions as the proposal.<br /> <br /> '''B. Non-Competitive Proposals for Contract Negotiations'''<br /> <br /> When staff workload or project completion considerations warrant, negotiations agreements may be awarded without competitive proposals, the district may proceed as follows:<br /> <br /> District shall select negotiators from the current Roster of Approved Contract Negotiators (Form 7-8.2). Every effort shall be made to select the most qualified negotiator available for the particular job. Consideration should be given to anticipated negotiation problems, negotiator’s experience, negotiator's past performance, pending assignments, etc. District personnel determine the selected negotiator’s availability to complete the work within a specified time.<br /> <br /> After the negotiator has been made aware of all facts regarding the prospective negotiations assignment, the district shall request a Proposal for Contract Negotiations (Form 7-8.4, RW33) (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), setting forth a fee for each parcel. Since competitive proposals are not involved, the Competitive Proposal paragraph may be deleted or marked &quot;not applicable.&quot; The proposal must be dated, signed, and submitted to the district office by the prospective negotiator.<br /> <br /> Should it be determined that the proposed fees appear excessive, the district right of way manager or a designee shall negotiate with the negotiator in an effort to achieve acceptable fees. In the event negotiations fail to produce acceptable fees, the district has the option to negotiate with another contractor or initiate the competitive bid process. Once acceptable fees are agreed upon, the district shall secure a Negotiator Services Agreement (CCO RW34).<br /> <br /> ===236.7.8.5 Negotiator Services Agreement===<br /> <br /> All Fee Negotiators performing negotiation work for the Missouri Highways and Transportation Commission shall do so by a fully completed and executed Negotiator Services Agreement (Form 7-8.5 (CCO RW34)) (Form RW34 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]). Negotiator Services Agreements with individuals or companies shall designate the individual(s) who shall perform the negotiation services. An officer shall execute all agreements with companies. Each agreement shall include a copy of the negotiator’s proposal (Form 7-8.4, RW33). (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> Three copies of the Negotiator Services Agreement shall be executed by appropriate MoDOT staff in accordance with the Commission’s Execution of Documents Policy. <br /> <br /> '''A. Distribution of Fully Executed Negotiations Agreements'''<br /> <br /> One fully executed copy shall be returned to the contractor, one copy shall be retained by district right of way and one shall be submitted to the Controller’s Division.<br /> <br /> '''B. Notice to Proceed'''<br /> <br /> The agreement requires a written notice to proceed, with which the negotiator should be provided a current set of highway plans and other data necessary to accomplish the assignment.<br /> <br /> ===236.7.8.6 Supplemental Negotiator Services Agreements===<br /> <br /> Subsequent to the execution of the initial agreement, it sometimes becomes necessary, due to plan changes or other considerations, to request additional negotiations services. If such services are required, they are to be secured by processing a supplemental negotiations agreement. <br /> <br /> Supplemental Negotiator Services Agreement (Form 7-8.6, (CCO RW35)) (Form RW35 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is designed to minimize administrative efforts when it becomes necessary to add parcels to the original agreement, or change the scope of the required services.<br /> <br /> The Supplemental Negotiator Services Agreement refers to specifications as recited in original agreement, so it becomes imperative that such requirements and specifications are effective at the date &quot;new&quot; parcels or required services are added to the original contract. New parcels shall be construed to mean tracts not previously included or where the plan or ownership revisions are so acute as to require additional services. Also a calendar period or time frame in which the work is to be completed must be specified.<br /> <br /> Three copies of the Supplemental Negotiator Services Agreementshall be executed in accordance with the Commission’s Execution of Documents Policy. One fully executed copy shall be returned to the contractor, one copy shall be retained by district right of way and one shall be submitted to the Controller’s Division.<br /> <br /> ===236.7.8.7 Contract Negotiator Performance Evaluation===<br /> <br /> The last paragraph of Proposal for Contract Negotiation (Form 7-8.4, RW33) (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), advises contractors that their overall performance will be carefully evaluated and that failure to perform at an acceptable level can result in their removal from MoDOT’s Roster of Approved Contract Negotiators (Form 7-8.2).<br /> <br /> Consistent with the statements of the proposal, the district shall evaluate the performance of the contract negotiator after completion of all negotiations assignments in a given assignment. The [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Contract%20Negotiator%20Performance%20Form%207.8.7.pdf performance shall be rated] (Form 7-8.7). It is essential that this report be fully completed.<br /> <br /> For the evaluation process to be meaningful all answers must accurately reflect the conclusions of the person completing the form, based on a thorough analysis of the contractor’s performance on that specific agreement. Some questions may require more than a simple yes or no answer. If that is the case the comments should be written on a separate page and attached to the evaluation report.<br /> <br /> Properly used the Performance Evaluation can be of considerable value to MoDOT in effectively managing contract negotiations work. It is intended to serve as the documentary basis for the retention or dismissal of contract negotiators. If contractors are to be removed from the Roster of Approved Contract Negotiators based on poor performance, they must be notified in writing.<br /> <br /> '''A. Distribution of Evaluation Form'''<br /> <br /> Upon completion of the district section of the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Contract%20Negotiator%20Performance%20Form%207.8.7.pdf Performance Evaluation], it is to be signed by the preparer, a copy retained by the district, and one copy submitted to the Right of Way Section. A copy shall also be given to the contract negotiator.<br /> <br /> '''B. Notification to Contract Negotiator of Removal from Roster of Approved Contract Negotiators (Form 7-8.2)'''<br /> <br /> If after one or more examples of unsatisfactory performance, which results in a recommendation to remove from the Roster of Approved Contract Negotiators, a letter signed by the Asst. to the State Design Engineer - Right of Way shall be mailed to the contract negotiator advising that they have been removed from the Roster of Approved Contract Negotiators.<br /> <br /> ==236.7.9 Special Benefit Acquisitions==<br /> <br /> ===236.7.9.1 Purpose===<br /> <br /> This information establishes MoDOT’s procedures for partial acquisitions from properties that result in Special Benefits to the remainder.<br /> <br /> ===236.7.9.2 Special Benefit Acquisitions===<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Special%20Benefit%20Offer%20Letter%20Form%207.9.2.docx Special Benefits] are those benefits accruing to the land adjacent to the public improvements that do not accrue to the public at large. When an appraisal reveals an enhancement in the value of an owner's remaining property the enhanced value may merely be reflected in a lowered estimate of Just Compensation, or it may result in a zero indication of Just Compensation. Both situations are to be considered Special Benefit cases.<br /> <br /> Special benefits reflected in an appraisal must be supported with concurrence from district counsel and written documentation attached to the appraisal.<br /> <br /> Dual compensation amounts will be offered to owners of residentially improved properties, to reflect the acquisition area with special benefits to the remainder, and the acquisition of the entire property at its before value.<br /> <br /> Dual offers for residentially improved properties are implemented at the discretion of the Asst. to the State Design Engineer - Right of Way. It will be solely the discretion of the Asst. to the State Design Engineer - Right of Way to apply this policy to other than residential property. The size and value of a remainder may dictate the MHTC’s ability to acquire entire large, higher valued properties.<br /> <br /> '''A. Dual [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Special%20Benefit%20Offer%20Letter%20Form%207.9.2.docx Offers for Special Benefits] on Residentially Improved Properties'''<br /> <br /> Dual offers are to be extended at the initiation of negotiations for properties where residential improvements are affected.<br /> <br /> No single-family dwelling that has contributory value, whether occupied or unoccupied at the effective date of appraisal or date of acquisition, shall be compensated at less than its contributory value due to the assessment of special benefits. Further, an occupied dwelling must be compensated for on the basis of its value as a residential use.<br /> <br /> '''First Offer'''<br /> <br /> If the acquired dwelling is occupied or unoccupied, and contributes to the before value, the first offer would reflect at least the value of the dwelling and supporting land and improvements.<br /> <br /> If the acquired dwelling is unoccupied and has no contributory value before the acquisition, the first offer will be the reduced or zero offer.<br /> <br /> '''Second Offer'''<br /> <br /> In every case, the second offer will reflect the total before property value, based on its highest and best use before the acquisition.<br /> <br /> '''B. Acquisition of Residential Dwelling With Contributory Value – Whether Occupied or Unoccupied'''<br /> <br /> (Occurs when the highest and best use before acquisition is residential, and the highest and best use after acquisition is a higher, more valuable use.)<br /> <br /> If there are special benefits to a remainder, and an occupied or unoccupied dwelling which has value in the before situation is to be acquired, a dual offer will be prepared and extended to the owner at the initiation of negotiations. Offers to acquire an occupied or unoccupied dwelling will include compensation based on the contributory value of the dwelling, residential outbuildings, and supporting land, plus any additional contributory value of other land area in the acquisition, which will have been set out in the appraisal review. The second offer will be the entire before value as set out in the appraisal review.<br /> <br /> '''C. Acquisition of an Occupied Dwelling With No Contributory Value to the Current Highest and Best Use'''<br /> <br /> (Occurs when the highest and best use of the land, before the acquisition, is greater than residential.).<br /> <br /> If there are special benefits to a remainder, and an occupied dwelling which has no contributory value in the before situation is to be acquired, a dual offer will be prepared and extended to the owner at the initiation of negotiations. The first offer will be at least the value of the dwelling, residential outbuildings, and supporting land, approved in the appraisal review. The second offer will be the entire before value as set out in the appraisal review.<br /> <br /> '''D. Acquisition of Unoccupied Dwelling That Has No Contributory Value to the Current Highest and Best Use'''<br /> <br /> If there are special benefits to a remainder and an unoccupied dwelling, which has no contributory value in the before situation is to be acquired, the property shall be appraised for its highest and best use in both the before and after situation with no special consideration being given the improvements.<br /> <br /> No dual offer would be necessary in this situation.<br /> <br /> <br /> <br /> [[category:236 Right of Way|236.07]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=236.7_Negotiation&diff=51774 2022-08-23T20:16:28Z

<p>Hallej1: /* 236.7.2.20 Acquisition by Condemnation */</p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:15px; border: 1px solid #cccccc; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;310px&quot; align=&quot;right&quot; <br /> |- <br /> |'''Forms'''<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Administrative%20Settlement%20Justification%20Letter%20Form%207.3%203%201.pdf Administrative Settlement Justification Letter (Form 7-3.3.1)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Application%20Employment%20Contract%20Negotiator%20Form%207.8.1.pdf Application for Employment as Contract Negotiator (Form 7.8.1)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation (Form 6.4.3)]<br /> |-<br /> |[http://epg.modot.org/forms/RW/Chapter%207_Negotiation/Contract%20Negotiator%20Performance%20Form%207.8.7.pdf Contract Negotiator Performance Evaluation (Form 7-8.7)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Disclaimer%20of%20Interest%20in%20Tenant%20Owner%20Form%207.2.5C.docx Disclaimer of Interest in Tenant Owned Improvement (Form 7-2.5C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Donation%20Letter%20waiver%20of%20Appraisal%20Form%207.2.12.docx Donation Letter &amp; Waiver of Appraisal (Form 7-2.12)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Title%20VI%20Survey.doc MoDOT Public Participation Survey (Title VI Survey)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Title%20VI%20Survey.pdf MoDOT Public Participation Survey (Title VI Survey) – External Version]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator's Report (Form 7-2.13)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%207_Negotiation/Offer%20Letter%20Form%20-%20Capital%20Improvements%207.6.3.docx Offer Letter Form – Capital Improvements (Form 7.6.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20prior%20Cond%20Form%207.2.5.D.docx Offer Letter - Combined Fee and Tenant Owners - Use Prior to Condemnation (Form 7.2.5D)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Owner%20Form7.2.5.A.docx Offer Letter - Fee Owner (Form 7.2.5A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Owner%20No%20Declaimer%20Form%207.2.5.B.2.docx Offer Letter - Tenant Owner No Disclaimer (Form 7.2.5B(2))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Form7.2.5.B.1.docx Offer Letter - Tenant Owner with Disclaimer (Form 7.2.5B(1))]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%207_Negotiation/Preliminary%20Contract%20Form%207.8.3.docx Preliminary Contract Negotiation Fee Estimate (Form 7-8.3)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%207_Negotiation/Pre-trial%20report%20Exh%205E.1.docx Pre-Trial Report]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20Owners%20section.pdf Prorata Real Estate Tax Claim, Owner's Section (Form 7-2.22C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20MoDOT%20section.pdf Prorata Real Estate Tax Claim, MoDOT's Section (Form 7-2.22D)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Renewal%20Application%20Contract%20Negotiator%20Form%207.8.1.A.pdf Renewal Application for Employment as Contract Negotiator (Form 7-8.1a)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20Allocation%20Gross%20Proceeds%20Form%207.7.3.pdf Request for Allocation of Gross Proceeds (Form 7-7.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20for%20TIN%20and%20Allocation%20of%20Gross%20Proceeds%20Form%207.7.3.A.docx Request for Taxpayer Identification Number and Allocation of Gross Proceeds - Sample Letter (Form 7-7.3A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Requirements%20for%20the%20Retention%20Form%207.4.2C.pdf Requirements for the Retention of Improvements (Form 7-4.2C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved Contract Negotiators (Form 7-8.2)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Release%20Funds%20Held%20in%20Escrow%20Form%207.1.17.docx Sample Letter - Release of Funds Held in Escrow (Form 7-1.17C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Special%20Benefit%20Offer%20Letter%20Form%207.9.2.docx Sample Letter - Special Benefit Offer Letter (Form 7-9.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Check%20to%20Owner%20Form%207.1.17.docx Sample Letter - Transmittal of Check to Owner (Form 7-1.17A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Checks%20to%20Escrow%20Agent%20Form%207.1.17.B.docx Sample Letter - Transmittal of Checks to Escrow Agent (Form 7-1.17B)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Settlement%20Trial%20Report%20Exh%205E.2.docx Settlement/Trial Report]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Written%20Notice%20of%20the%20Intended%20Acq%20of%20ODA%20Form%20236.7.2.6.docx Written Notice of the Intended Acquisition for Outdoor Advertising (Form 236.7.2.6)]<br /> |-<br /> |Forms RW2, RW8, RW10, RW15, RW20, RW23, RW25, RW33, RW34 and RW35 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].<br /> |}<br /> <br /> ==236.7.1 General Provisions==<br /> <br /> ===236.7.1.1 Authority===<br /> <br /> The Missouri Highways and Transportation Commission is empowered by law, [https://revisor.mo.gov/main/OneSection.aspx?section=227 Chapter 227.120, RSMo.], to purchase, lease or condemn lands in the name of the Missouri Highways and Transportation Commission for purposes deemed necessary for the proper and economical construction and maintenance of state highways. The Commission approves by Certification the detail plans of each project and authorizes the Chief Engineer to acquire all the land, property and rights indicated on said plans by purchase or the Chief Counsel to acquire by condemnation. The Asst. to the State Design Engineer - Right of Way has authority to acquire land, property and rights as indicated on right of way plans through the district right of way offices. <br /> <br /> ===236.7.1.2 Project Authorization===<br /> <br /> Acquisition of property rights cannot commence on any project until the project manager obtains acquisition authority as described in [[236.3 Administration#236.3.4 Right of Way Acquisition Authority and Project Funding|EPG 236.3.4 Right of Way Acquisition Authority and Project Funding]].<br /> <br /> ===236.7.1.3 Hardship Acquisition Authorization===<br /> <br /> Justification for a [https://epg.modot.org/index.php?title=236.3_Administration#Request_for_Hardship_Acquisition hardship acquisition] must be reviewed and approved by the Asst. to the State Design Engineer - Right of Way on a parcel-by-parcel basis.<br /> <br /> ===236.7.1.4 Protective Buying Authorization===<br /> <br /> Justification for a protective purchase to prevent imminent development and increased costs of a parcel, must be reviewed and approved by the Asst. to the State Design Engineer - Right of Way on a parcel-by-parcel basis. Refer to [https://epg.modot.org/index.php?title=236.3_Administration#Contents_of_Request EPG 236.3.4.5 Advance Acquisition - Hardship and Protective Buying] for more information.<br /> <br /> ===236.7.1.5 Who Conducts Negotiations===<br /> <br /> '''Staff Negotiations'''<br /> <br /> The term &quot;negotiator&quot; as used here refers to any member of the right of way staff performing negotiations for property or property rights.<br /> <br /> By authority of the Missouri Highways and Transportation Commission, negotiations for the acquisition of real property and/or property rights for highway purposes are conducted by qualified right of way personnel. Such personnel must meet the minimum qualifications for the position of right of way specialist as outlined in the Missouri Department of Transportation's Job Specifications Manual. Other right of way personnel not meeting these minimum qualifications can perform negotiations under the direct guidance of the district right of way manager, the chief negotiator, or a qualified senior or certified right of way specialist.<br /> <br /> Individuals, who determine values on waiver valuations, may establish just compensation as well as negotiate with the owner for acquisition. An appraiser/negotiator, must fulfill the requirements of owner contact as outlined in [[236.7 Negotiation#236.7.2 Guidelines and Procedures|EPG 236.7.2]].<br /> <br /> '''Contract Negotiations'''<br /> <br /> Contract negotiators may conduct negotiations under written agreement as described in [[236.7 Negotiation#236.7.8 Contract Negotiation|EPG 236.7.8]]. The amount of the fee shall be established on a parcel basis. The Right of Way Section must approve contract negotiators prior to employment. The Right of Way Section maintains a Roster of Approved Contract Negotiators (Form 7-8.2).<br /> <br /> ===236.7.1.6 Acquisition of Real Property Interest===<br /> <br /> All rights, title, interest of fee hold and subordinate interests in real property are to be acquired as necessary, for the proper and economical construction, operation, protection, support, preservation and maintenance of state highways.<br /> <br /> Generally, the use of Partial Deeds of Releases or Subordinations, on mortgages and deeds of trust are '''not''' necessary when:<br /> <br /> :*The approved compensation is based on the use of a waiver valuation.<br /> :*Only a partial acquisition is involved and the property remaining has adequate value to secure the existing mortgage or deed of trust.<br /> :*Access rights are '''not''' being acquired.<br /> :*The property is '''not''' being condemned.<br /> <br /> This list is a general guide and is not intended to be all-inclusive. The district right of way manager should be aware of all situations waiving partial releases and subordinations.<br /> <br /> The Right of Way Section, with concurrence from Chief Counsel's Office, approves exceptions to the acquisition of other property rights on an individual case or project basis. Exceptions may be, but are not limited to, the reservation of subsurface mineral rights, gas storage rights or a limitation on vertical dimension for multiple uses.<br /> <br /> ===236.7.1.7 Public Information Brochure===<br /> <br /> A brochure entitled '''[http://eprojects/Templates/RW/Chapter%207_Negotiation/Pathways%20for%20Progress%20brochure.pdf Pathways for Progress]''' is available to the general public and for distribution at all public hearings for highway projects. It briefly describes the department's general procedures in the phases of appraisal, negotiation, settlement, closing, mediation and eminent domain.<br /> <br /> ===236.7.1.8 Pre-Negotiation Public Relations Contact===<br /> <br /> Acquisition personnel may be assigned, commensurate with anticipated problems, to make calls upon property owners and discuss acquisition procedures and provide general information concerning the proposed highway project. An employee, who may later be involved with the appraisal, negotiation, or relocation for the project, may make such calls. Care should be taken to avoid discussing assumptions, possible offers, possible damage, or value conclusions. This initial call should be brief and is only intended to provide project information, and promote the public relations.<br /> <br /> ===236.7.1.9 Negotiating Through a Third Party===<br /> <br /> Negotiations shall not be conducted through a third party unless the property owner has provided written authorization, or the third party is a legally appointed representative for the owner. If an attorney has been retained, and the owner has provided a written authority, all negotiations must be conducted with the attorney unless a written waiver of negotiations is received from the attorney.<br /> <br /> ===236.7.1.10 Initiation of Negotiations===<br /> <br /> The term &quot;Initiation of Negotiations&quot; relates to the date on which the department presents the owners of the subject parcel, or their designated representative, a written offer for the property or rights to be acquired. When non-resident owners are involved who cannot be contacted in person, initiation of negotiations for the parcel shall be the date such owners or their designated representative received the first communication by mail or telephone from the department in which a monetary offer to purchase is made. (Certified mail with return receipt requested must be used when the above contact is made by mail to establish and document the date that the written offer is received by the relocatee or by the relocatee's representative.)<br /> <br /> ===236.7.1.11 Relocation Assistance Information===<br /> <br /> Residential owner occupants being displaced are to be provided an explanation of the relocation benefits for which they are eligible. Offers to acquire property and/or property rights are not to be made to displaced owner occupants until the owner can be provided with the required relocation information.<br /> <br /> ===236.7.1.12 Relocation Section Notices===<br /> <br /> [http://eprojects/Templates/RW/Chapter%208_Relocation/Initiation%20of%20Negotiations%20Statement%20From%20236.8.5.5.docx &quot;Initiation of Negotiations Statement&quot;] (RA Form 8-5.5)<br /> <br /> This form is to be submitted to the district relocation section immediately after the first initiation of negotiation on a project, and immediately after initiation of negotiations for each individual parcel, affected by the relocation program. This form is not applicable to parcels not affected by the relocation program.<br /> <br /> [http://eprojects/Templates/RW/Chapter%208_Relocation/Acquisition%20Statement%20Form%20236.8.5.8.B.docx &quot;Acquisition Statement&quot;] (RA Form 8-5.8(b))<br /> <br /> This form is to be completed by the negotiator and submitted to the relocation section immediately after all interest in the parcel is acquired when the relocation program affects the parcel.<br /> <br /> ===236.7.1.13 Pre-Negotiation Preparation===<br /> <br /> The accumulation of materials and information necessary to conduct and complete negotiations for the orderly and efficient acquisition of the proposed property and property rights is the logical first step in negotiation. At a minimum, the negotiator should be supplied with the following information:<br /> <br /> :*Title reports of all recorded interests<br /> :*Documents necessary to acquire all interests<br /> :*Right of way plans<br /> :*Appraisal reports<br /> :*Offer letter<br /> <br /> In order to make an informed explanation of the proposed acquisition to an owner, the negotiator should make a comprehensive study of the plans, title report, documents and appraisal report. The negotiator should also know what documents will be required for closing depending on ownership and value of the property. The checklist of items (provided in the links following), include those required documents, depends on whether [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator%20Packet%20Table%20of%20Contents%20-%20Closing%20with%20MoDOT.doc MoDOT] or a [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator%20Packet%20Table%20of%20Contents%20-%20Closing%20with%20Title%20Company.doc title company] will be conducting the closing.<br /> <br /> The following information must be entered in the Parcel Acquisition screen in RWPA for each parcel being acquired: Parcel Number, Classification, Status and any Fee Holder and Tenants.<br /> <br /> ===236.7.1.14 Delivery of Payments===<br /> <br /> '''Owners and Tenants'''<br /> <br /> At the discretion of the district right of way manager any full-time right of way employee may deliver payment checks for acquisition of property interests.<br /> <br /> Upon personal delivery of each check the responsible right of way employee is to obtain the signature of the recipient acknowledging receipt of the payment.<br /> <br /> Payments mailed to owners shall be by certified mail with return receipt requested. A [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Check%20to%20Owner%20Form%207.1.17.docx sample letter] (Form 7-1.17A) is available for sending checks to owners/tenants.<br /> <br /> The Mailed Check Letter and Receipt of Check must be entered in eProjects under the applicable project and parcel.<br /> <br /> The following information must be entered in the Parcel Acquisition screen in RWPA for each parcel being acquired: Physical Possession Obtained and Legal Possession obtained.<br /> <br /> '''Escrow Agents'''<br /> <br /> Payments to escrow agents may be delivered by any person or by certified mail with return receipt requested. Submission of payments to escrow agents shall be [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Checks%20to%20Escrow%20Agent%20Form%207.1.17.B.docx by letter] (Form 7-1.17B). Owners are to be notified in writing of the date their payment is delivered to escrow agent.<br /> <br /> '''Release of Funds in Escrow'''<br /> <br /> To release funds retained in escrow for removal of improvements, etc., the escrow agent shall be notified by [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Release%20Funds%20Held%20in%20Escrow%20Form%207.1.17.docx written notice] (Form 7-2.17C) with a copy mailed to owner involved. Escrow agents shall furnish proof of disbursement of all funds for parcel files.<br /> <br /> ===236.7.1.15 Recording of Documents===<br /> <br /> All documents conveying land, easements, realty rights, mortgage releases and restrictive easements to the Commission, regardless of the consideration recited therein, shall be recorded in the appropriate recorder of deeds office and uploaded in eProjects under the applicable project and parcel. <br /> <br /> The following data fields must be entered in RWPA on the Deeds screen, including when the acquisitions are donated: Fee Holder Deed Signed (date), Deed Recorded (date), Book Recorded No., Page Recorded No., Document No.(whichever are applicable), check the free deed box if the parcel was donated. Area acquired: provide the amount of acres/square feet acquired in each category: permanent right of way, temporary easement, permanent easement, utility easement and unity of measure.<br /> <br /> It is not required to record disclaimers, rights of entry, releases of outdoor advertising rights and signs acquired, releases for LP tanks, or other documents that do not convey an interest in land being acquired. If tenants have a recorded lease, it may be necessary to record any of the above documents that may impact lease provisions.<br /> <br /> Special agreements prepared by the Chief Counsel that convey, alter or qualify property rights between the parties will be recorded unless otherwise indicated by the Chief Counsel's office.<br /> <br /> ==236.7.2 Guidelines and Procedures==<br /> <br /> ===236.7.2.1 Purpose===<br /> <br /> This information establishes guidelines and procedures related to the acquisition function in negotiations for land, property and rights needed for the proper and economical construction and maintenance of state highways. The intent and purpose is to assure uniform acquisition practices, which will provide consistent and equitable treatment for owners and tenants of real property acquired.<br /> <br /> ===236.7.2.2 General Procedure===<br /> <br /> All negotiations shall be expeditious and result in the property owner receiving just compensation; the settlement being just and fair to the owner and the public; every courtesy, consideration and patience being extended to the property owner; and create trust in the Missouri Department of Transportation Department and its employees.<br /> <br /> All offers shall represent the approved amount of Just Compensation as determined through the department's valuation procedures. The negotiator shall make a reasonable effort to demonstrate and promote confidence in the Approved Just Compensation offer.<br /> <br /> If the negotiator discovers facts, which were not recognized in the Just Compensation, the information shall be made available to the district right of way manager. Full consideration to and evaluation of these items will be made prior to continuation of negotiations.<br /> <br /> Negotiators must demonstrate that they represent the interests of the property owner as well as those of the public. Care should be exercised at all times to protect the interests of owners who may be unfamiliar or inexperienced in real estate transactions.<br /> <br /> Negotiators are required to maintain a written Record of Negotiations, documenting that all elements of the transaction were given adequate consideration and that there was a mutual understanding between the negotiator and the property owner.<br /> <br /> ===236.7.2.3 Prompt Offer of Just Compensation===<br /> <br /> All offers of Approved Just Compensation shall be promptly presented to property owners or their designated representatives. A minimum offer of $500 shall be made to a property owner when the appraised value is determined to be less than $500. It may be appropriate to reduce the minimum offer under certain circumstances with the approval of the Assistant to State Design Engineer – Right of Way. If approved, a reduced minimum offer will apply to the entire project. District management should determine the appropriate timing for delivery of offers within the scope of good negotiating practices. An offer letter must be presented to the owner at least 30 days prior to filing a condemnation petition, as further described in [[236.10 Right Of Way Condemnation|EPG 236.10]].<br /> <br /> ===236.7.2.4 Offer Letter and Supporting Documentation===<br /> <br /> Use [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Owner%20Form7.2.5.A.docx Form 7.2.5A], [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Form7.2.5.B.1.docx 7.2.5B(1)], or [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Owner%20No%20Declaimer%20Form%207.2.5.B.2.docx 7.2.5B(2)]. Delete unused phrases and instructions. Use the date the offer letter is delivered or mailed to the owner.<br /> <br /> '''A. Delivery of Offer Letter'''<br /> <br /> Offer Letters must be hand delivered or sent by certified mail. A cover letter providing an explanation of the proposed acquisition and the supporting documents described in EPG 236.7.2.4C should be included if the offer is delivered by mail. If an offer must be made by phone, it must be followed with an offer letter and all required attachments sent by certified mail.<br /> <br /> When an owner has authorized a designated representative and so notified MoDOT in writing, or there is a court-appointed representative, the Offer Letter need only by delivered to the representative.<br /> <br /> '''B. Initiations of Negotiations'''<br /> <br /> Delivery of an Offer Letter establishes the Initiation of Negotiation date for a parcel. Initiation of negotiations is established by the delivery of an offer letter to one owner of a multiple ownership, but all owners are to be furnished all relevant offer items described in EPG 236.7.2.4C.<br /> <br /> '''C. Supporting Documents'''<br /> <br /> Upon initiation of negotiations for the acquisition of property or property rights from a property, each owner or representative will be provided with the following:<br /> <br /> :*Offer letter<br /> :*Appraisal or waiver valuation<br /> :*[http://eprojects/Templates/RW/Chapter%207_Negotiation/Pathways%20for%20Progress%20brochure.pdf Pathways for Progress brochure]<br /> :*Conveyance documents<br /> :*Blank Escrow Agreement, if applicable<br /> :*Pro Rata Real Estate Tax Claim form<br /> :*Plan sheet, portion of plan sheet or plat illustrating the acquisition and the remainder<br /> :*When applicable and appropriate, provide [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20Allocation%20Gross%20Proceeds%20Form%207.7.3.pdf Request for Allocation of Gross Proceeds], (Form 7-7.3).<br /> :*MoDOT Public Participation Survey (Title VI Survey).<br /> <br /> When the MoDOT Public Participation Survey (Title VI Survey) is returned, the information provided should be entered in the Parcel Acquisition screen in RWPA under the applicable project and parcel.<br /> <br /> '''D. Donation'''<br /> <br /> An offer letter is not required when requesting donated property and property rights. Refer to [[#236.7.2.11 Donation of Real Property|EPG 236.7.2.11 Donation of Real Property]].<br /> <br /> ===236.7.2.5 Offer Letter Formats===<br /> <br /> '''A. Fee Owners'''<br /> <br /> Applicable portions of the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Owner%20Form7.2.5.A.docx Offer Letter - Fee Owner] (Form 7.2.5A), along with the appraisal or waiver valuation, are to be delivered to the fee owner or a designated representative.<br /> <br /> '''B. Tenant Owners'''<br /> <br /> :1. Offer Letter - Fee Interest Acquired or Disclaimed<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Form7.2.5.B.1.docx Offer Letter-Tenant Owner] (Form 7.2.5B(1)) is to be used for offers to owners of tenant-owned improvements when the owners of the land have conveyed their interest, or when the landowners have disclaimed all interest in the tenant-owned improvements.<br /> <br /> :2. Offer Letter - Fee Interest '''Not''' Acquired or Disclaimed<br /> <br /> :When the land owners have not conveyed or disclaimed their interests in the tenant-owned improvements, the offer to tenant-owners will be made by use of a letter designated as [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Owner%20No%20Declaimer%20Form%207.2.5.B.2.docx Offer Letter - Tenant Owner No Disclaimer], (Form 7.2.5B(2)) with a [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Disclaimer%20of%20Interest%20in%20Tenant%20Owner%20Form%207.2.5C.docx Disclaimer] (Form 7.2.5C) attached.<br /> <br /> :The tenant offer will be conditioned upon the tenant obtaining execution of the necessary disclaimers. Completion of the transaction including Release of Structures and Leasehold, (CCO RW15) (Form RW15 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) and payment shall not be made unless the landowners convey their interest by deed or provide a disclaimer.<br /> <br /> '''C. Disclaimer by Owner in Tenant Owned Improvements'''<br /> <br /> When a separate amount of just compensation is approved for an improvement owned by a party other than the owner of the land, payment for such improvement shall not be made unless the owner of the land disclaims all interest in the tenant-owned improvement. The fee owner may disclaim interest in such improvement by execution of either a deed of conveyance of right, title and interest or a [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Disclaimer%20of%20Interest%20in%20Tenant%20Owner%20Form%207.2.5C.docx Disclaimer] (Form 7.2.5(C)).<br /> <br /> When the fee owner does not execute a deed or a disclaimer, the offer of just compensation for the improvement and the disclaimer will be presented to the tenant owner with the condition that settlement will be made provided that the tenant is successful in obtaining execution of the necessary disclaimers.<br /> <br /> '''D. Combined Fee-Owner and Tenant-Owner Offer Letter for Condemnation Purposes'''<br /> <br /> Immediately prior to condemnation proceedings for a parcel where tenant-owned structures are involved, a letter designated [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20prior%20Cond%20Form%207.2.5.D.docx Offer Letter - Combined Fee and Tenant Owners], (Form 7.2.5D), is to be presented to all fee owners of record or their designated representative with a copy of the letter to all tenant owners.<br /> <br /> This offer will be the total of the amounts of just compensation approved for fee and tenant owners. The brochure, deed and valuation document are not required with this letter.<br /> <br /> '''E. Revised Offers'''<br /> <br /> When the approved just compensation has been presented to the owner and it is revised through the appraisal process, it is necessary to provide such owners with an offer letter reflecting the revised figure and reason for the revision.<br /> <br /> :'''1'''. Fee Owners<br /> <br /> :The first paragraph of [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Owner%20Form7.2.5.A.docx Offer Letter - Fee Owner] (Form 7.2.5A) will be omitted and replaced with the<br /> following paragraph for revised offers.<br /> <br /> ::&quot;In a previous letter you were offered the sum of $____________ for certain real property and rights needed for improvement of the above highway project. It is necessary to revise that offer previously made to you because ____________.&quot;<br /> <br /> :Use the remaining paragraphs from the original letter, and the following, if appropriate. “Also attached is a revised valuation document”.<br /> <br /> :'''2'''. Tenant Owners<br /> <br /> :The first paragraph of Offer Letter - Tenant Owner, Forms [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Form7.2.5.B.1.docx 7.2.5B(1)] and [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Owner%20No%20Declaimer%20Form%207.2.5.B.2.docx 7.2.5B(2)], will be omitted and replaced with the following paragraph for revised offers.<br /> <br /> ::&quot;In a previous letter you were offered the sum of $____________ for certain structures located on property needed for improvement of the above highway project. It is necessary to revise that offer previously made to you because _____________________.&quot;<br /> <br /> :Use the remaining paragraphs from the original letter, and the following, if appropriate.<br /> <br /> '''F. Rescinded Offers'''<br /> <br /> In certain situations, it may be necessary to rescind an offer due to a plan change, delay in funding, etc., that eliminates the need to acquire any property and property rights. When this occurs, a written notice rescinding the offer shall be sent to the property owner by certified mail. The notice should include the reason an acquisition from the property is no longer needed.<br /> <br /> ===236.7.2.6 Improvements Acquired or Damaged===<br /> <br /> '''A. Interest in Improvements Acquired'''<br /> <br /> An equal interest shall be acquired in all buildings, structures or other improvements determined to be a part of the real property when such improvements are to be removed from the land acquired.<br /> <br /> '''B. Improvements Located Partially Within the Acquisition Area'''<br /> <br /> Improvements located partially within the acquisition area that are designated for removal as indicated by temporary easements shall be totally removed, unless the owner retains the improvement and cuts it at the new boundary line.<br /> <br /> The decision to allow an owner to retain and cut an improvement at the new boundary line, must be made during negotiations. In making this decision the owner is to understand that the Department will have to reevaluate its offer through the appraisal process. If a revised offer is unacceptable to the owner, the original offer and plan for total removal of the improvement will apply and if necessary condemned as originally designed.<br /> <br /> '''C. Fee-Owned Improvements'''<br /> <br /> Owners will be compensated for any loss in fair market value of improvements that are not required to be removed but are adversely affected as a result of the acquisition, as determined by appraisal.<br /> <br /> '''D. Tenant-Owned Improvements'''<br /> <br /> Tenant-owned improvements will be acquired by Release of Structures and Leasehold, (Form 7-2.7D (CCO RW15)). (Form RW15 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> :'''1'''. Improvements Acquired or Damaged - Release of Structures and Leasehold<br /> <br /> :Tenants who have the right or obligation to remove real property improvements that contribute to the real estate value, as determined in the appraisal process, have a compensable interest in those improvements. Compensation may include one or more of the following:<br /> <br /> ::*The contributory fair market value for the improvement being acquired, or the value for removal purposes which ever is greater<br /> ::*Damages the improvement suffers as a result of the acquisition<br /> ::*The value of any leasehold interest<br /> <br /> :'''2'''. No Payment to Tenant Before Fee Interest Acquired or Disclaimed<br /> <br /> :No payment shall be made to a tenant for an improvement unless the landowner involved conveys or disclaims all interest in the improvement.<br /> <br /> :'''3'''. Condemnation of Tenant-owned Improvements<br /> <br /> :Eminent Domain Law provides the same rights and protections to tenants and fee owners. Any tenant has the right to reject payment for improvements as outlined above and obtain payment for such property interests through eminent domain proceedings applicable to Missouri law. In these situations it will be necessary to condemn all interest in the property including the fee owner.<br /> &lt;div id=&quot;E. Acquisition of Outdoor Advertising Billboards&quot;&gt;&lt;/div&gt;<br /> <br /> '''E. Acquisition of Outdoor Advertising Billboards'''<br /> <br /> Outdoor advertising structures are defined as all signs, billboards, drawings or paintings which advertise activities conducted elsewhere or services and/or products provided other than at the subject property. They should not be confused with on-premise signs, which advertise activities conducted on the premises or services and/or products provided on the property.<br /> <br /> It has been determined that owners of outdoor advertising signs have the right or obligation to remove such structures at the termination of the lease or agreement. Therefore, such structures are generally acquired like other tenant-owned improvements, as addressed above, with the following exceptions.<br /> <br /> :'''1'''. Outdoor Advertising Structures Considered Real Estate<br /> <br /> :All outdoor advertising structures shall be valued as real estate and an offer made for just compensation. In the event a sign is categorized as Conforming out of Standard by the Outdoor Advertising staff, the right of way staff will follow the Sign Agreement Reset Program procedures.<br /> <br /> :'''2'''. Salvage of Outdoor Advertising Billboards<br /> <br /> :Retention and salvage of outdoor advertising structures is permitted, provided the offer is reduced by the salvage value established in the valuation process. The salvage value may be waived or reducted during negotiations to reach an administrative settlement.<br /> <br /> :As a means to facilitate negotiations, district right of way may agree to leave the sign in place for a specified period of time by use of an Extension of Possession Agreement (CCO RW12). The agreement must state a maximum time period for the sign to be left in place, and a physical possession date must be agreed to by the parties. The physical possession date shall be specific, and not merely include phrases like, “until construction of the project,” “until needed for construction,” etc. For more information on removal procedures, refer to [https://epg.modot.org/index.php?title=236.5_Property_Management#236.5.26_Acquired_Improvements EPG 236.5.26].<br /> <br /> :Outdoor advertising structures located partially within the acquisition area shall be totally removed unless the owner of the sign retains the structure and modifies it to completely avoid Commission owned property. Contact your local outdoor advertising permit specialist for specific requirements related to modifying existing outdoor advertising structures. See [[236.16 Outdoor Advertising|EPG 236.16]] for additional information pertaining to outdoor advertising.<br /> <br /> The Outdoor Advertising Profile Report, which is generated by the outdoor advertising permit specialist, shall be completed by district right of way and returned to the outdoor advertising permit specialist once the acquisition of the billboard is complete.<br /> <br /> '''Sign Agreement Reset Program – Partial Waiver and Reset Agreement'''<br /> <br /> Legislation from 2012, HB1402, allows sign owners who meet the conforming out of standard sign criteria the option to accept just compensation or waive a portion of their right to just compensation and reset a qualifying sign. Sign owners that choose to accept just compensation are eligible to salvage the sign, however the sign permit will be cancelled by the Outdoor Advertising Specialist.<br /> <br /> Conforming out of standard signs are categorized as signs that fail to meet the current statutory and administrative rule requirements but comply with the terms of the federal state agreement and meet the statutory requirements of 1999. (See [[236.16 Outdoor Advertising#236.16.7.3 Conforming Out of Standard|EPG 236.16.7.3 Conforming Out of Standard]].)<br /> <br /> Displaced signs will be reviewed by outdoor advertising staff to determine the sign qualifications. If the qualifying sign meets the reset requirements as determined by the Outdoor Advertising Profile Report (refer to [[236.16 Outdoor Advertising#236.16.19 Sign Structures Affected by Highway Projects|EPG 236.16.19 Sign Structures Affected by Highway Projects]]), Right of Way staff will offer just compensation to the sign owner for the purchase of the sign. The sign owner will also be offered the sign reset option that allows them to move the sign elsewhere within the same property or on an adjoining property. It is the sign owners choice to accept either just compensation or the reset option.<br /> <br /> Guidelines for the Conforming Out of Standard Sign Acquisition:<br /> <br /> * Right of Way staff will notify outdoor advertising staff of an affected sign. Affected sign includes billboards located within the project limits.<br /> <br /> * Outdoor Advertising staff will complete the Outdoor Advertising Profile Report (EPG 236.16.19) to determine qualification of the affected sign and provide a copy to the Right of Way Manager.<br /> <br /> * If the sign is classified as Conforming Out of Standard, the right of way staff will provide the sign owner the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Written%20Notice%20of%20the%20Intended%20Acq%20of%20ODA%20Form%20236.7.2.6.docx Written Notice of the Intended Acquisition for Outdoor Advertising (Form 236.7.2.6)].<br /> <br /> * Right of Way staff will appraise the affected sign for just compensation and appraise the [[236.6 Appraisal and Appraisal Review#Reset Option|reset option compensation]] as described in the appraisal guidance. <br /> <br /> * Right of Way staff will obtain the disclaimer from the property owner. (Refer to [[#236.7.2.5 Offer Letter Formats|EPG 236.7.2.5 Offer Letter Formats]].)<br /> <br /> * Right of Way staff will prepare the offer letter for just compensation.<br /> <br /> * Right of Way staff will prepare the Partial Waiver and Reset Agreement with the assistance from the Outdoor Advertising Specialist and provide the Outdoor Advertising Specialist a copy. The reset compensation is a solitary payment and will not be supplemented by any other payment type.<br /> <br /> * The Right of Way staff will present the offer letter and explain the reset option to the sign owner who will choose their preferred option of compensation. It may be beneficial for the Outdoor Advertising Specialist to accompany the right of way staff at this meeting.<br /> <br /> * If the sign owner chooses the reset option, the sign owner will obtain the necessary support documents outlined within the Partial Waiver and Reset Agreement, execute the Agreement, and return it to the Right of Way Specialist. The Right of Way Specialist will provide a copy of the Agreement to the Outdoor Advertising Specialist who will amend the sign permit.<br /> <br /> * The Right of Way Specialist will process the payment outlined within the Partial Waiver and Reset Agreement and retain a portion of the reset payment within an escrow account. The retained portion should equal the cost of the sign removal in the event the sign owner does not remove the existing sign.<br /> <br /> * The Outdoor Advertising Specialist will conduct a final inspection to determine if the sign has been removed from the construction limits within the allotted time frame. (Refer to [[236.16 Outdoor Advertising#236.16.19 Sign Structures Affected by Highway Projects|EPG 236.16.19 Sign Structures Affected by Highway Projects]].)<br /> <br /> * The Outdoor Advertising Specialist will notify Right of Way that the sign has been removed from the construction limits. Right of Way will notify the Escrow Agent to release the funds in escrow to the sign owner.<br /> <br /> If the sign owner does not remove the sign from the project limits, Right of Way will notify the Project Manager to include the demolition in the construction contract.<br /> <br /> In the event the sign owner refuses just compensation and the reset option, the sign will be condemned as outlined in [[236.10 Right Of Way Condemnation#236.10.1 Introduction|EPG 236.10.1 Introduction]].<br /> <br /> '''F. On-premise Signs'''<br /> <br /> On-premise signs are those that advertise activities conducted on the premises or services and/or products provided on the property. All on-premise signs, including trademark and logo signs, shall be treated as personal property under the Relocation Assistance Program. The only exception would involve a situation in which the subject business facility is being acquired or there is insufficient remaining land on which to relocate the sign. Only these circumstances would necessitate that a sign be valued and acquired as real estate.<br /> <br /> '''G. Existing Private Utility Easements'''<br /> <br /> On projects where an existing utility is located on a private easement, and the limits of the new land acquired for the project will encompass the existing private utility easement, the district shall secure said easement rights by quitclaim deed (CCO RW2). The district utility engineer will work directly with the utility owners to obtain said quitclaim deeds. For information related to how to prepare the description to be included in the quitclaim deed, see [https://epg.modot.org/index.php?title=236.4_Description_Writing_and_Titles#236.4.6.6_Preparing_Quitclaim_Deeds_for_Execution_by_Utility_Companies_.28See_EPG_236.7.29 EPG 236.4.6.6].<br /> <br /> '''H. Acquisition of Mobile Homes'''<br /> <br /> Mobile home acquisitions must be accompanied by a Certificate of Title from the seller or, if originally purchased prior to August 28, 1989, and assessed as real estate, a statement from the County Assessor attesting to this fact, along with a notarized descriptive bill of sale from the seller.<br /> <br /> The Certificate of Title or statements must be submitted to the Department of Revenue within 30 days for transfer of title to the MHTC. There will be a penalty fee if renewal is more than 30 days after acquisition. For additional information, refer to [[236.6 Appraisal and Appraisal Review#Manufactured Homes|EPG 236.6.3.1.19.D.9]] and RSMo. 700.<br /> <br /> ===236.7.2.7 Valuation by a Negotiator – Separation of Functions===<br /> <br /> For acquisitions where Just Compensation was determined by a Value Finding or Standard appraisal format, the valuation and approval of Just Compensation must be prepared by an individual other than the individual that will present the offer letter and negotiate for the acquisition. On a simple valuation/acquisition situation, in which the valuation will be by waiver valuation, the same individual may estimate the Just Compensation and negotiate the acquisition. If the same individual performs both functions, the appraiser/negotiator must do the following:<br /> <br /> :*contact the owner<br /> :*deliver or mail the Pathways for Progress brochure<br /> :*advise the owner that the property will be inspected (invitation to accompany inspection is not required on waiver valuations)<br /> :*prepare a waiver valuation<br /> :*secure co-signature of the waiver valuation<br /> :*prepare an offer letter based on the waiver valuation<br /> :*deliver the offer letter to the owner, with all the supporting documents set out earlier in this section.<br /> <br /> ===236.7.2.8 Negotiation Contacts===<br /> <br /> '''A. Personal Contact'''<br /> <br /> Every reasonable effort shall be made to personally contact owners of real property or a designated representative who resides within the state. The negotiator shall explain the proposed acquisition and provide the owner or representative with those documents identified earlier in this section.<br /> <br /> '''B. In-State Owner Resides in Another MoDOT District'''<br /> <br /> If a property owner resides within the state, but outside the district where the property is located, and it is not practical for a local negotiator to make a personal contact, the owner may be contacted in person by a negotiator from another district. Requests to other districts for such assistance shall include all necessary documents and information essential to the negotiation assignment.<br /> <br /> When a personal contact is not practical, the owner may be contacted by certified mail, return receipt requested.<br /> <br /> '''C. Out-of-State Owner'''<br /> <br /> An out-of-state owner may be personally contacted, if practical, or contacted by telephone and certified mail, return receipt requested. When an owner is contacted by mail, provide the required written information identified earlier in this section, and an explanation of the proposed acquisition.<br /> <br /> ===236.7.2.9 Negotiation Procedures===<br /> <br /> The following is a general guide as to the number and content of negotiation contacts. Normally three contacts are needed to assure the owner’s understanding and confidence.<br /> <br /> During the first contact the negotiator is to:<br /> <br /> :*Provide brochure, [http://eprojects/Templates/RW/Chapter%207_Negotiation/Pathways%20for%20Progress%20brochure.pdf Pathways for Progress]<br /> :*Review title information<br /> :*Explain the right of way plans and provide plan sheet, portion of plan sheet, or plat illustrating the acquisition and the remainder<br /> :*Explain the acquisition procedures and provide blank Escrow Agreement, (Form 7-4.2 (CCO RW8)) if applicable<br /> :*Explain Proration of Taxes and provide [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20Owners%20section.pdf Prorata Real Estate Tax Claim, Owner's Section], (Form 7-2.22C)<br /> :*Provide the written Offer Letter<br /> :*Provide the appraisal or waiver valuation<br /> :*Provide conveyance documents<br /> :*Provide or agree to obtain answers to the owner’s questions<br /> :*Provide a [https://oa.mo.gov/sites/default/files/vendor_input_ach_eftd.pdf Vendor Input Form MO 300-1489] for completion.<br /> <br /> During the second contact the negotiator should review the items discussed during the first contact. The negotiator should give special attention to making sure the property owner understands the plans and the effect on the remaining property. Any additional questions the owner has should be answered.<br /> <br /> During the third contact the negotiator should attempt to get the owner to accept or reject the offer. If the owner fails to accept or reject the offer, or does reject the offer, the mediation and condemnation process are to be explained. The owner is to be advised that negotiations can continue until such time as the condemnation commissioners' report is filed.<br /> <br /> Obtain a taxpayer identification number (TIN) using a [https://oa.mo.gov/sites/default/files/vendor_input_ach_eftd.pdf Vendor Input Form MO 300-1489] as shown in [[236.7 Negotiation#236.7.7 1099 Reporting of Acquisitions|EPG 236.7.7]]. If a husband and wife own the property, either one can provide their TIN. Partnerships and trusts should have their own TIN that should be used for reporting real estate transactions. If there is more than one owner, other than a husband and wife, partnership or trust, each owner that is expected to receive an allocation of the proceeds shall be given a form on which to provide their TIN.<br /> <br /> During negotiations, the negotiator’s objective is to promote understanding of the design and reasonableness of the offer. If the owner disagrees with the offer, the negotiator should attempt to determine the reasoning of the owner’s opinion of value or their objections to design considerations. The owner’s opinion of value, reasoning, counteroffers and objections are to be documented in the negotiator’s report and discussed with the chief negotiator or district right of way manager. If the negotiator is unable to acquire the property for the approved offer, an administrative settlement may be considered as described in [[236.7 Negotiation#236.7.3 Administrative and Legal Settlements|EPG 236.7.3]].<br /> <br /> If at any stage of negotiations it is determined that a design change is appropriate and can facilitate successful negotiations, the district right of way manager and project manager will be consulted on the proposed change, and a decision made. The property owner is to be advised accordingly.<br /> <br /> '''A. Time to Consider Offer'''<br /> <br /> The property owner shall be allowed a reasonable period of time to consider the offer of just compensation and the opportunity to obtain professional advice or assistance if so desired.<br /> <br /> ===236.7.2.10 Uneconomic Remnants and Future Excess Property===<br /> <br /> '''A. Definition of Uneconomic Remnant'''<br /> <br /> &quot;A parcel of real property in which the owner is left with an interest after the partial acquisition of the owner's property, and in which the acquiring agency has determined has little or no value or utility to the owner.&quot; ([https://www.law.cornell.edu/cfr/text/49/24.2 49 CFR 24.2 (w)], 10/1/93)<br /> <br /> '''B. Offer to Purchase Uneconomic Remnants'''<br /> <br /> An offer to purchase each uneconomic remnant shall be made to the owner simultaneously with the offer of just compensation for the acquisition of the needed realty and realty rights. Situations revealed during negotiations or administrative decisions to consider all or part of remainders as uneconomic remnants, may necessitate a revised offer reflecting the value of the uneconomic remnant.<br /> <br /> Multiple uneconomic remnants shall be individually identified and individual values set out in the offer letter.<br /> <br /> The Commission will not condemn for the acquisition of an uneconomic remnant.<br /> <br /> The following data fields must be entered in the Remnants Screen in RWPA under the applicable project and parcel: Remnant Number, Status, Physical Possession Obtained, Payroll Amount, Payroll Date, Deed Signed Deed Recorded, Area Acquired, and Unit of Measure. <br /> <br /> '''C. Outright Sale of Uneconomic Remnants'''<br /> <br /> The district is authorized to sell any uneconomic remnant not exchanged during negotiations as described in [[236.5 Property Management#236.5.12 Excess Land Conveyances &amp; Relinquishments – Regulated Utilities|EPG 236.5.12 Excess Land Conveyances &amp; Relinquishments – Regulated Utilities]].<br /> <br /> '''D. Definition of Future Excess Property'''<br /> <br /> Any area of existing property that is to be conveyed to adjacent property owners as established in the [[236.14 Change in Route Status Report|change in route status documents]] for the project.<br /> <br /> '''E. Exchange of Remnants or Future Excess Property for New Property'''<br /> <br /> The district is authorized to exchange uneconomic remnants, or future excess property for real property or rights acquired when the exchange is for equal value based on the purchase price of the remnant or appraised value of the future excess, and the remnant or excess adjoins the owner's remaining property. Such an exchange is to be handled like an Administrative Settlement, under the approval of the district right of way manager.<br /> <br /> When remnants or future excess property are exchanged for new property, the amount of just compensation to the owner shall be reduced by the value of the remnant or excess and the warranty deed from the owner shall recite the reduced monetary amount, along with the phrase, &quot;and exchange for other land&quot;.<br /> <br /> Since the future excess property will still be needed until the project is complete, the following paragraph will be included in all quitclaim deeds conveying the future excess to the abutting property owner:<br /> <br /> :&quot;The Missouri Highways and Transportation Commission retains full, free, and uninterrupted use and possession of the land herein conveyed until completion of construction and acceptance of the project for the construction of relocated _____________________ by the Commission’s District Engineer.&quot;<br /> <br /> When this paragraph is included in the quitclaim deed a cloud is placed on the title. To remove this cloud, the district, upon request of the owner, can provide an affidavit as to completion and acceptance of the project.<br /> <br /> Remnants or excess property exchanged for new property will be conveyed by quitclaim deed for the consideration of &quot;One Dollar and Exchange for Other Land.&quot; Should the owner refuse to accept a quitclaim deed, contact the Right of Way Section for authorization to use a warranty deed where the Commission owns fee title to the property being exchanged.<br /> <br /> All conveyances of remnants or future excess property by the Commission shall provide for utilities as described in [[236.5 Property Management#236.5.12 Excess Land Conveyances &amp; Relinquishments – Regulated Utilities|EPG 236.5.12 Excess Land Conveyances &amp; Relinquishments – Regulated Utilities]].<br /> <br /> ===236.7.2.11 Donation of Real Property===<br /> <br /> In some instances property owners affected by small, uncomplicated acquisitions of realty and/or realty rights may be willing to donate the property that is needed for the project, especially when the project improvements provide a benefit to the property and community.<br /> <br /> The Missouri Highways and Transportation Commission will accept a donation of property. An appraisal and offer letter are not required when property is being donated, however, some documentation is necessary.<br /> <br /> '''A. Coercion to Donate'''<br /> <br /> It would be inappropriate for an acquiring agency during negotiations to inform the property owner that the needed realty and/or realty rights would have to be donated in order for the roadway project to be completed. The only acceptable circumstance would involve a project that would be terminated unless all owners agreed to donate.<br /> <br /> '''B. Donation/Waiver of Appraisal Letter'''<br /> <br /> Prior to acceptance of such donation, the negotiator must inform the owner of the right to receive just compensation for the property. The negotiator must obtain a signed [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Donation%20Letter%20waiver%20of%20Appraisal%20Form%207.2.12.docx Donation/Waiver Letter], (Form 7-2.12), which acknowledges the owner’s right to receive just compensation as determined by an appraisal. Should the owner refuse to sign the statement yet still wants to donate the property, the [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator's Report] shall be fully documented as to the owner being advised of their rights and any reason for refusing to sign the letter.<br /> <br /> '''C. Donation of Temporary Easement Without Waiver Letter'''<br /> <br /> When temporary easements cause no compensable damage to the adjacent property, a donation can be obtained without advising the owner of the right to just compensation. In such situations the plans should be explained to the owner and a request made for the donation. In this case, the executed easement document is all that is necessary. A Donation/Waiver Letter is not required. However, the file shall be documented regarding the determination that the acquisition of the temporary easement causes no compensable damage to the adjacent property.<br /> <br /> '''D. Waiver of Releases on Donated Property'''<br /> <br /> When non-complex property or property rights are donated, the district right of way manager may waive acquisition of additional property interests (like partial mortgage releases, easement owners, tenant interests, etc.), but a memo outlining the waiver to acquire additional property interests should be included in the file.<br /> <br /> '''E. Donations by Government Agencies'''<br /> <br /> Donations by government agencies do not require the use of a Donation/Waiver Letter. For acquisition from government agencies, see [[236.7 Negotiation#236.7.5 Railroad, State and Federal Acquisitions|EPG 236.7.5]].<br /> <br /> ===236.7.2.12 Negotiator’s Report and Contact Log===<br /> <br /> A [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator’s Report], (Form 7-2.13), shall be completed with attachments and signed by the negotiator upon termination of or completion of negotiations for each parcel. A log of all contacts with the owner or representative shall be completed and attached to the Negotiator’s Report. The information for each contact should include the date and place of each contact, parties contacted, offers made, counteroffers, issues raised by the owner, reasons settlement could not be reached, and any other pertinent data. Each contact entry shall include the name or initials of the person who prepared the entry.<br /> <br /> When negotiations are unsuccessful, and the negotiator considers further attempts to negotiate to be futile, recommendations for action should be recorded.<br /> <br /> The negotiator’s report must be uploaded to eProjects under the applicable project and parcel.<br /> <br /> ===236.7.2.13 Payment Prior to Possession===<br /> <br /> No owner will be required to surrender possession of real property acquired for highway purposes prior to payment of the agreed purchase price or payment of the Commissioners' Award into court for property acquired by condemnation proceedings.<br /> <br /> ===236.7.2.14 Title Update Prior to Payment===<br /> <br /> Prior to payment to an owner for property and/or property rights, the public records must be searched to determine that no transactions have occurred on the property being acquired subsequent to the latest title search. This must be done on each parcel except when a title insurance company or abstractor is employed by written agreement to act as escrow agent to make distribution of funds. When a bank or other parties act as escrow agents, the title update shall be made prior to delivery of checks to such escrow agents.<br /> <br /> ===236.7.2.15 Possession and Vacancy Notices===<br /> <br /> Owner and tenant occupants of buildings acquired for highway purposes shall not be required to move from a dwelling or to move a business, nonprofit organization or farm operation without at least 90 days' written notice of the date by which such move is required.<br /> <br /> Possession policies and procedures for sending notices to vacate are contained in [[236.8 Relocation Assistance Program#236.8.14 Relocation Assistance Program - Possession Policies and Vacancy Notices|EPG 236.8.14 Relocation Assistance Program - Possession Policies and Vacancy Notices]].<br /> <br /> ===236.7.2.16 Extension of Possession and Fair Rental Value===<br /> <br /> When the proposed letting schedule permits, an owner or tenant may be authorized an extension of possession based on a monthly rental rate, as described in [[236.5 Property Management#236.5.26 Acquired Improvements|EPG 236.5.26 Acquired Improvements]]. An Extension of Possession Agreement, (Form 5-6.4 (CCO RW12)), (Form RW12 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) shall be used when the original occupant is allowed to extend possession up to one year. If it is necessary to extend possession beyond the one year time period, the Extension of Possession Agreement shall be canceled and replaced with a Lease of Premises Agreement, (Form 5-5.5 (CCO RW14)). (Form RW14 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].) An extension of possession that is expected to last beyond one year is to be written on a Lease of Premises Agreement rather than an Extension of Possession Agreement.<br /> <br /> When an owner or tenant is granted an extension of possession, a monthly rental rate shall be established and should be collected in advance for each monthly period of extension. The rental value for owner-occupied and tenant-occupied property will be determined by the method established in [[236.5 Property Management#236.5.26 Acquired Improvements|EPG 236.5.26 Acquired Improvements]].<br /> <br /> ===236.7.2.17 Coercion===<br /> <br /> The Uniform Act forbids an acquiring agency from taking any coercive action in order to compel owners to agree on a price for their property. All negotiations shall be conducted in such a manner as to avoid coercing owners to reach agreement. Condemnation shall not be used as a threat. The property owners shall be given a reasonable amount of time to consider the offer and to obtain professional advice or assistance if they so desire. The agency shall not advance the time of condemnation, or defer negotiations or condemnation or the deposit of funds with the court, in order to induce an agreement on the compensation to be paid for the property.<br /> <br /> ===236.7.2.18 Non-Discrimination===<br /> <br /> The real estate acquisition function shall be conducted in such a way and manner as to assure that no person shall on the ground of race, color, religion, creed, national origin, sex, age, ancestry, or physical ability be denied the benefits to which the person is entitled or be otherwise subjected to discrimination.<br /> <br /> ===236.7.2.19 Acquisition by Mediation===<br /> <br /> Mediation is an option offered by MoDOT that can be described as a process in which a neutral and impartial third party assists parties in disagreement to negotiate an acceptable settlement. Complete policies and procedures regarding mediation are described in [[236.11 Mediation|EPG 236.11 Mediation]].<br /> <br /> Mediation is not intended to replace or reduce the importance of the negotiation process for the acquisition of property and/or property rights nor does it preclude the use of administrative settlements.<br /> <br /> Should the mediation process not be successful with the parties failing to reach agreement, the needed property and property rights will then be acquired by the normal condemnation process.<br /> <br /> Mediation shall be offered, in writing, to all property owners (who have not settled) prior to filing a condemnation petition, unless approval is received from the Asst. to the State Design Engineer - Right of Way and the [http://sp/sites/cc/Pages/default.aspx Chief Counsel’s Office].<br /> &lt;div id=&quot;Prior to offering mediation&quot;&gt;&lt;/div&gt;<br /> Prior to offering mediation or in the event mediation has been waived, the [[media:236.11.1.3_Impasse.docx|Impasse Letter]] can be provided to the property owner as another tool to communicate the necessity to settle the parcel.<br /> <br /> ===236.7.2.20 Acquisition by Condemnation===<br /> <br /> '''A. When Condemnation Procedure Initiated'''<br /> <br /> Complete policies and procedures regarding eminent domain procedures are described in [[236.10 Right Of Way Condemnation|EPG 236.10 Condemnation Procedures]]. An appropriate time to consider condemnation is when it is determined that the property and property rights cannot be acquired through negotiations or mediation. Mediation must have at least been offered to the property owner before proceeding with condemnation.<br /> <br /> '''B. Transfer of Responsibility From Right of Way to District Counsel'''<br /> <br /> When it is determined that a property cannot be acquired through negotiation or mediation, the responsibility of acquisition is transferred to the district counsel. Negotiation to acquire the property can continue by either the negotiator or attorney assigned to the tract, until the commissioner’s award has been filed.<br /> <br /> '''C. Information Packet Required by District Counsel'''<br /> <br /> The information needed by the district counsel’s office includes but is not limited to the following:<br /> <br /> :*[http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator’s Report], (Form 7-2.13) and typed Negotiator’s Log detailing counteroffers and settlement offers, requests for design changes, etc.<br /> :*Latest title report<br /> :*Two copies of appraisal with [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Approval of Just Compensation], (Form 6.4.3)<br /> :*List of parties to be named as defendants and served notice<br /> :*Copy of pertinent documents (i.e. easements impacting the acquisition area, trust agreements, etc).<br /> :*Copy of pertinent correspondence<br /> :*Copies of property descriptions to be used in the Condemnation Petition. <br /> :*Copies of the [http://sharepoint/sites/de/epg/Lists/EPGResponse/Attachments/825/Surveyor%20Legal%20Description%20Cover%20Sheet%20(2).doc Legal Description, Exhibit A] for each property description submitted. <br /> <br /> '''D. Owner’s Expenses in Condemnation Are Not Reimbursable'''<br /> <br /> When MoDOT institutes and concludes a condemnation action to acquire real property, the owner of the property is not entitled to reimbursement for their expenses, including attorney, appraisal and engineering fees actually incurred because of the condemnation proceedings.<br /> <br /> ===236.7.2.21 Reimbursement of Owner’s Expenses===<br /> <br /> '''A. Reimbursement of Property Transfer Expense'''<br /> <br /> The owner of property acquired will be reimbursed for recording fees, transfer taxes and similar expenses incidental to conveying the property. These expenses are normally paid directly by the department.<br /> <br /> '''B. Reimbursement of Mortgage Prepayment Penalty'''<br /> <br /> Owners will be reimbursed for actual penalty costs for prepayment of a preexisting mortgage entered into in good faith and filed of record prior to the initiation of negotiations. These costs will be reimbursed when the property is acquired in its entirety or the acquisition is of such magnitude that the remainder will not provide collateral for the mortgage and/or the mortgagee legally requires penalty costs for prepayment of the mortgage. The owner is responsible for submission of paid receipts of penalty costs and request for reimbursement to the district office.<br /> <br /> '''C. Reimbursement of Real Estate Tax'''<br /> <br /> Information pertaining to the reimbursement of taxes is contained in the offer letter and the [http://eprojects/Templates/RW/Chapter%207_Negotiation/Pathways%20for%20Progress%20brochure.pdf Pathways for Progress brochure]. During negotiations, the owner will be provided with the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20Owners%20section.pdf Prorata Real Estate Tax Claim, Owner's Section] (Form 7-2.22C). <br /> <br /> Owners will be reimbursed for a pro rata portion of the state, county and city real estate taxes paid for the current taxable year on property purchased by the Commission. The pro rata portion of taxes will cover the full number of months remaining in the calendar year after payment is received by the owner or escrow agent for the property. Claims for reimbursement must be made within six months after the city or county tax delinquent date. Delinquent tax payments are not reimbursable. The owner is responsible for submission of paid tax receipts and Form 7-2.22C to the district office for reimbursement.<br /> <br /> :'''1'''. Pro-ration of Real Estate Taxes<br /> <br /> :The following procedures will be followed for computing the pro-ration of real estate taxes, for all contiguous holdings under the same ownership normally considered in a before and after appraisal. The [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20Owners%20section.pdf Prorata Real Estate Tax Claim] (Form 7-2.22C) is self-explanatory.<br /> <br /> ::'''a'''. Total Acquisition of Property<br /> <br /> ::Divide the annual taxes by 12 and multiply by the number of full months remaining in the taxable year after payment is delivered to the owner or escrow agent or the condemnation award is paid into court.<br /> <br /> ::'''b'''. Partial Acquisition of Property:<br /> <br /> ::Divide the approved compensation, payable to fee holder for land, improvements, property rights and/or damage to remainder, by the value of the entirety as indicated on line E, (1) of right of way [[media:236.6.4.3 Appraisal Review and Approval of Just Comparison (Form 6.4.3).doc|Form 6.4.3]], then multiply computed percentage by the amount on the tax bill. Divide the resulting figure by 12 and multiply by the number of full months remaining in the taxable year after payment for the realty rights is delivered.<br /> <br /> ::'''c'''. Impact of Waiver Valuation on Proration of Taxes<br /> <br /> ::If the compensation for realty rights is established by the use of a waiver valuation, the property value established by the County Assessor can be used in the calculation.<br /> <br /> ::'''d'''. Impact of Administrative Settlements and Condemnation on Proration of Taxes<br /> <br /> ::The amount of an administrative settlement or condemnation award is not a factor in computing tax reimbursement. Computations will be done in the exact same manner as when property is acquired at the approved offer.<br /> <br /> ::'''e'''. Impact of Exchange of Land on Proration of Taxes<br /> <br /> ::When land owned by the state is traded for land acquired, the owner is eligible for reimbursement of taxes. In most instances when a trade occurs there will be an appraisal of both the land to be traded and the land acquired; therefore, when tax reimbursement is determined, the trade will be given the same consideration as though a cash transaction had transpired.<br /> <br /> ::'''f'''. Impact of Donation on Proration of Taxes<br /> <br /> ::When land is donated, the owner is eligible for reimbursement of taxes. Value of the land donated and value of entirety can be determined by utilizing data from the County Assessor's office.<br /> <br /> ::'''g'''. Impact of Damage-Only Offers on Proration of Taxes<br /> <br /> ::Should the acquisition consist solely of damages caused by the imposition of temporary easements and no permanent reduction in value is evident in the after situation, proration of taxes will not be needed. In this case, the assessed value for tax purposes would not be affected by the acquisition.<br /> <br /> '''D. Appeal for Expense Eligibility'''<br /> <br /> Property owners may file a written appeal with the agency if they believe that the agency has failed to properly consider their application for reimbursement of expenses incidental to the transfer of title. The time limit for filing an appeal is 60 days after they receive written notification of the agency’s determination on their claim. The appeal procedure follows that of [[236.8 Relocation Assistance Program|EPG 236.8 Relocation Program]].<br /> <br /> ===236.7.2.22 Cost of Moving Utilities===<br /> <br /> Current [[643.3 Policy, Standards and Regulations|Commission policy]] provides that the cost of relocation and re-connection of privately owned service lines of a public utility is to be included with the other necessary utility work of the project, at MoDOT’s expense. Such costs should not have been considered in the appraisal process.<br /> <br /> Most utility companies reconnect the private service lines at no cost to the property owner, but some do not. The cost to move and reconnect service lines that lie on or in existing Commission owned property is a noncompensable item. The cost to the owner to reconnect these services cannot be included in the appraised compensation.<br /> <br /> Providing for the adjustment of utilities for a project is the responsibility of district design. There are situations, however, in which right of way personnel will have involvement. Owners of utility lines on existing Commission owned property are responsible for costs of adjustments. Therefore, the property owner may have responsibility for adjustment costs in cases where the utility company only owns the main. The department will pay for the cost of the adjustment between the old and new boundary lines.<br /> <br /> All owners shall be advised that they are responsible for adjustment costs for their service lines on existing Commission owned property and that the department will provide compensation for any part of the adjustment on new property being acquired.<br /> <br /> If property is secured from a property owner who owns a service line that requires adjustment, the cost of the adjustment and any compensation due the property owner will be made during the construction of the project. The method of adjustment is to be handled as follows:<br /> <br /> Service line adjustments are included in our roadway contracts. Bid items are provided for the different types of anticipated adjustments. If the property owner elects to have the Commissions' contractor do the work, the portion of cost of adjustment on the new property acquired is provided by the Commission and no further obligation to the owner is necessary. Construction personnel will compute the cost for the adjustment that was on existing Commission owned property and the property owner will be billed for that part only. If the service line adjustment is done by the property owner's plumber and property is secured for the project, the property owner will be compensated for the actual cost of adjustment on the new property acquired. The property owner will not be compensated for more than the cost determined by the amount based on the roadway contractor's bid items.<br /> <br /> ===236.7.2.23 Condemnation of Temporary Driveway Connection Easements===<br /> <br /> Parcels are not generally condemned when the only acquisition is for a temporary easement for the purpose of reconnecting a driveway. If the owner is not agreeable to accept the offer or settlement, and district design determines the driveway can be constructed on existing Commission owned property, the easement should be removed from the plans, a corrected plan sheet sent to the owner and the parcel voided. A letter accompanying the plan sheet should describe, in as much detail as possible, what the physical features of the proposed construction will be, and outline problems the design may cause the owner in their own reconnection of the driveway.<br /> <br /> ==236.7.3 Administrative and Legal Settlements==<br /> <br /> ===236.7.3.1 Administrative Settlements===<br /> <br /> '''A. Purpose'''<br /> <br /> Administrative settlements are made for the purpose of concluding negotiations for amounts considered reasonable, prudent and in the public interest, after reasonable efforts to negotiate agreements at the approved offers have failed.<br /> <br /> Administrative settlements are not to be used for the purpose of correcting errors or omissions in an appraisal. Correcting the appraisal and making a revised offer is the method used to correct such errors and omissions.<br /> <br /> '''B. Definition'''<br /> <br /> An administrative settlement is any settlement authorized by the district right of way manager for a monetary consideration that differs from the approved estimate of just compensation. All settlements above the approved just compensation require written justification (Form 7-3.3.1).<br /> <br /> :'''1'''. Administrative Settlement in Negotiations and Mediation<br /> <br /> :Negotiation and mediation administrative settlements are those made by right of way personnel, prior to filing of a condemnation commissioners' award with the circuit court.<br /> <br /> :Reduction of approved salvage value is considered an administrative settlement. Settlements made in the mediation process are considered administrative settlements. Homestead and heritage payments are also considered administrative settlements. All administrative settlements require documentation in the tract file (Form 7-3.3.1).<br /> <br /> :It is important that district right of way and regional counsel concur in settlements made during the condemnation process. Regional counsel should be advised of all settlements attempted or concluded after a project has been turned over to counsel for condemnation, so that a consensus is reached for the settlement, and that a motion to dismiss the parcel from the petition can be filed.<br /> <br /> :'''2'''. Legal Administrative Settlement<br /> <br /> :Legal administrative settlements are those made by regional counsel personnel after the condemnation commissioners have reported their award to the circuit court and before exceptions are filed. Settlements after exceptions are filed are referred to as Stipulated Settlements (approved by the circuit court) and are referred to by counsel merely as &quot;settlements&quot;.<br /> <br /> :All settlements by regional counsel require the concurrence of right of way.<br /> <br /> :Regional counsel may approve settlements less than $250,000 with the concurrence of the district right of way manager.<br /> <br /> :Settlements less than $250,000, in which the district right of way manager does not concur must be approved by the Assistant Chief Counsel - Litigation and the Asst. to the State Design Engineer - Right of Way.<br /> <br /> :The Assistant Chief Counsel - Litigation and the Asst. to the State Design Engineer - Right of Way must approve settlements greater than $250,000.<br /> <br /> ===236.7.3.2 Administrative Settlements Considerations===<br /> <br /> After a diligent effort has been made to consummate settlements for the approved amounts of just compensation, the district right of way manager should review each parcel not acquired by negotiation and determine whether to make administrative settlements, pursue mediation, or acquire by condemnation.<br /> <br /> The district right of way manager should review all pertinent information relevant to consideration of a settlement, such as:<br /> <br /> :*Approved appraisal reflects current market conditions<br /> :*Consideration in the appraisal of subjective elements of damage<br /> :*Other appraisals of subject<br /> :*The Negotiator's Report regarding damage factors claimed by the owner<br /> :*Counteroffers made by the owner<br /> :*The range of probable testimony<br /> :*Recent jury verdicts for similar type properties<br /> :*Estimated court costs<br /> :*Opinion of legal counsel regarding probable result of proceeding with condemnation.<br /> <br /> '''Note''': Administrative settlements are not to be used to correct errors or omissions of the appraisal. Correcting the appraisal and making a revised offer is the method used to correct such errors and omissions.<br /> <br /> '''Revised Offer Based on Revised Appraisal'''<br /> <br /> If it appears that the approved amount of just compensation does not reflect current market conditions or does not consider all compensable elements of just compensation, an updated appraisal should be secured. A revised offer letter and revised valuation shall be promptly given to the owner. This is not considered an administrative settlement.<br /> <br /> ===236.7.3.3 Making Administrative Settlements===<br /> <br /> Having determined that it is in the public interest to make an administrative settlement, the district right of way manager establishes an equitable amount for the settlement. The amount and other terms of the settlement are then relayed to the owner either verbally or in writing. Should the owner accept the proposal, the necessary conveyance documents are executed, showing the final settlement amount.<br /> <br /> '''Administrative Settlement Justification Letter'''<br /> <br /> At the conclusion of an administrative settlement, the district shall prepare a letter of justification (Form 7-3.3.1) that sets out the terms of the settlement and the factors upon which it was based. A copy of this letter is to be sent to the Right of Way Section when the parcel is submitted for payroll.<br /> <br /> Administrative settlement justification is not to be based on perceived inadequacies of the appraisal process. If the appraisal, on which the offer was based, is subsequently believed to be deficient, a new or revised appraisal should be secured.<br /> <br /> ===236.7.3.4 Approving and Processing Legal Settlements (Stipulated Settlements)===<br /> <br /> As previously stated, stipulated settlements are those made after a commissioners' award has been filed with the circuit court. Settlements less than $250,000 will be submitted to the circuit court for approval after the concurrence of the district right of way manager. Settlements greater than $250,000, or which the district right of way manager does not concur, require the concurrence of the Asst. to the State Design Engineer - Right of Way and the Assistant Chief Counsel - Litigation.<br /> <br /> To accomplish these settlements, regional counsel or assistant regional counsel prepares a [http://eprojects/Templates/RW/Chapter%207_Negotiation/Pre-trial%20report%20Exh%205E.1.docx Pre-Trial Report]. The comments of the district right of way manager and the Asst. to the State Design Engineer - Right of Way should be considered by the Assistant Chief Counsel - Litigation, prior to final approval of the settlement.<br /> <br /> ==236.7.4 Escrow Agreements, Deeds of Release and Purchase Agreement==<br /> <br /> ===236.7.4.1 Purpose===<br /> <br /> This information establishes MoDOT’s procedures for using escrow agreements, subordination of mortgage liens, deeds of release and purchase agreements in the acquisition of land and easements.<br /> <br /> The negotiator should know what documents will be required for closing depending on ownership and value of the property. The checklist of items (provided in the links following), include those required documents, depends on whether [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator%20Packet%20Table%20of%20Contents%20-%20Closing%20with%20MoDOT.doc MoDOT] or a [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator%20Packet%20Table%20of%20Contents%20-%20Closing%20with%20Title%20Company.doc title company] will be conducting the closing.<br /> <br /> ===236.7.4.2 Escrow Agreements===<br /> <br /> An Escrow Agreement (fee owner) (Form 7-4.2A (CCO RW8)) or a Tenant Escrow Agreement (Form 7-4.2B (CCO RW10)), is used when an escrow agent is used (see [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services|EPG 236.4.4.6]]). (Forms RW8 and RW10 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> The use of an Escrow Agreement is not required when obtaining property or property rights from another government agency.<br /> <br /> When the acquisition involves only a temporary easement, it is not required to escrow the payment unless circumstances warrant it.<br /> <br /> '''A. Escrow Agreement (Fee Owner)'''<br /> <br /> :'''1'''. When the Escrow Agreement is used<br /> <br /> :The escrow agreement shall be used to establish possession of occupied buildings, removal of buildings or equipment if retained by the owner, and provide for payment of taxes, liens, mortgages, or other encumbrances.<br /> <br /> :'''2'''. Contaminated Property Provision<br /> <br /> :Certain required paragraphs of the escrow agreement provide for owner disclosure of contamination, testing for contamination and termination of the acquisition under certain conditions of contamination. If there is an indication that the property being acquired is contaminated and is to be tested, the check for the real estate payment should not be delivered to the escrow agent until it is determined that the department will proceed with the acquisition, without further attention to the contamination. <br /> <br /> '''B. Tenant Escrow Agreement'''<br /> <br /> :'''1'''. When Tenant Escrow Agreement is used<br /> <br /> :The Tenant Escrow Agreement (Form 7-4.2B, RW10) (Form RW10 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is used when necessary to ensure removal or possession of tenant-owned improvements or equipment retained by the tenant owner.<br /> <br /> :The Tenant Escrow Agreement may be used to acquire tenant interests prior to conveyance or condemnation of fee holder interests, only if a Release of Structures and Leasehold (Form 7-2.7D (CCO RW15)) (Form RW15 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), is executed by the fee owner and attached to the Tenant Escrow Agreement.<br /> <br /> :'''2'''. Phrases for Release of Structures and Leasehold if Tenant Escrow Agreement is not used<br /> <br /> :In cases where it is deemed unnecessary to use the Tenant Escrow Agreement, one of the following paragraphs, as applicable, should be included in the Release of Structures and Leasehold.<br /> <br /> ::&quot;Party of the First Part hereby agrees to vacate and give peaceable possession of said above described property to Commission within ______ days after payment of the consideration. At the conclusion of this possession period all of the improvements being conveyed herein shall become the property of the Commission to dispose of in anyway it deems necessary.&quot;<br /> <br /> ::&quot;Party of the First Part hereby retains the right to salvage (describe structure) and hereby agrees to remove said structure within _______ days after payment of the consideration. Commission may, after said date and without repercussion from Party of the First Part, dispose of said structure in anyway it deems necessary.&quot;<br /> <br /> ::&quot;Party of the First Part hereby retains the right to salvage (describe structure) and hereby agrees to remove said structure by the _____ day of ________, 20___. Commission may after said date and without repercussion from Party of the First Part, dispose of said structure in anyway it deems necessary.&quot;<br /> <br /> '''Requirements for the Retention of Improvements'''<br /> <br /> Requirements for the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Requirements%20for%20the%20Retention%20Form%207.4.2C.pdf Retention of Improvements] (Form 7-4.2C,) must be incorporated with any Escrow Agreement or Agreement for Purchase of Real Estate. The form sets out the requirements of an owner or tenant that elects to retain improvements or equipment for removal from the acquired land.<br /> <br /> ===236.7.4.3 Deed of Release and Partial Deed of Release===<br /> <br /> Obtaining Deeds of Release and Partial Deeds of Release] (Form 7-4.3, RW25) (Form RW25 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is the responsibility of the escrow agent. When obtaining a release from a corporation, a corporation release form is normally used. For individuals or partners, a non-corporation release form is to be used. Most title companies, banks, and other lending institutions carry appropriate forms as part of their routine business. The escrow agent is to either prepare the release for execution by the lien holder or provide the lien holder with the property description for inclusion in the release.<br /> <br /> ===236.7.4.4 Agreement for Purchase of Real Estate===<br /> <br /> '''A. When Agreement for Purchase of Real Estate is used'''<br /> <br /> The Agreement for Purchase of Real Estate, Form 7-4.4 (CCO RW7) (Form RW7 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is used when purchasing property or property rights and an escrow agreement is not being used as discussed in [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services|EPG 236.4.4.6 Escrow Services]]. As required by [https://revisor.mo.gov/main/OneSection.aspx?section=141.250 RSMo 141.250], the proceeds derived from the sale of any lands with a tax lien, shown by records of land trust, the land bank agency, or the city or county collector, shall be distributed to the lien holders first before any proceeds are paid to the property owner. The negotiator is required to determine whether any tax liens exist and ensure the lien holder is paid before the property owner is paid.<br /> <br /> The use of this agreement is not required when obtaining property or property rights from another governmental agency.<br /> <br /> The use of this agreement is not required when only temporary rights are being acquired via a temporary easement unless circumstances warrant it.<br /> <br /> '''B. Contaminated Property Provision'''<br /> <br /> If there is an indication that the property being acquired is contaminated and is to be tested, the check for payment of the real estate should not be delivered to the owner until such time that it has been determined that the department will proceed with the acquisition.<br /> <br /> ===236.7.4.5 Subordination of Mortgage Liens===<br /> <br /> The Partial Deed of Release, RW25, is the most commonly used, and preferred, document when obtaining a partial acquisition from a mortgaged property. <br /> <br /> Please note that this document serves as a partial release of a mortgage but merely subordinate the lender’s interest in the acquired property to the rights of the Commission. This document is usually signed prior to payrolling the acquisition and then held in escrow along with the conveyance documents until payment is made to the escrow agent.<br /> <br /> ==236.7.5 Railroad, State and Federal Acquisitions==<br /> <br /> ===236.7.5.1 Purpose===<br /> <br /> This information establishes MoDOT’s procedures for acquiring railroad land and railroad right of way, federal land and land owned by the State of Missouri.<br /> <br /> ===236.7.5.2 Railroads===<br /> <br /> '''A. General'''<br /> <br /> The acquisition of land owned by railroad companies is a dual responsibility of district right of way and the Multimodal Operations Division (for additional information see [[643.4 Railroads|EPG 643.4 Railroads]]).<br /> <br /> Plans approved for acquisition purposes will indicate a separate parcel number for the operating railroad right of way and to each parcel of non-operating railroad property owned by a railroad.<br /> <br /> District right of way is responsible for the acquisition of non-operating railroad property. The Multimodal Operations Division will acquire non-operating land only when they are also acquiring operating right of way from the same railroad.<br /> <br /> The Railroad Projects Manager is responsible for acquisitions, agreements and/or documents related to operating railroad right of way. If both operating right of way and non-operating land are required from the same railroad, all necessary information will be provided to the Multimodal Operations Division.<br /> <br /> '''B. Acquisition Procedures - Non-operating Railroad Land'''<br /> <br /> The Multimodal Operations Division will acquire non-operating land if operating right of way is also being acquired from the same railroad.<br /> <br /> :*Obtain title information for each parcel. The conveyance of the property to the railroad is sufficient unless the land involved is a recent purchase.<br /> :*Appraise each parcel in accordance with current appraisal procedures.<br /> :*Prepare a deed with metes and bounds description. A Warranty Deed (Form 4-7.1A (CCO RW3)) or Quit Claim Deed (Form 4-7.2 (CCO RW2)) is desirable and have been accepted by railroads in some situations, or use an Easement for Highway Purposes, or 4-7.5 (CCO RW23). (Forms RW2, RW3 and RW23 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> When only non-operating railroad land is involved, negotiate in accordance with current acquisition procedures. The name of the railroad's authorized representative may be obtained from the Multimodal Operations Division Railroad Projects Manager.<br /> <br /> '''C. Acquisition Procedures - Operating Railroad Right of Way'''<br /> <br /> :*Obtain title information for each parcel.<br /> :*Appraise each parcel in accordance with current appraisal procedures.<br /> :*Prepare a metes and bounds legal description for the easement area and provide to the Multimodal Operations Division to include in an easement or grade separation agreement.<br /> :*Prepare and transmit to the Multimodal Operations Division an undated offer letter reflecting the approved just compensation. Tax proration phrases should not be included in the offer letter.<br /> :*Transmit to the Multimodal Operations Division an appraisal or waiver valuation and three plan sheets.<br /> <br /> '''D. Controlled Access from Railroads and Abutting Owners'''<br /> <br /> When a proposed controlled access boundary line intersects or coincides with a railroad right of way line, all easements should include a controlled access clause for access rights from the railroad and adjoining owners of underlying rights.<br /> <br /> Also, when the proposed controlled access boundary line and the railroad right of way line coincide, it is necessary to acquire abutters' rights of direct access from owners of land and property rights adjoining the opposite side of the railroad right of way.<br /> <br /> '''E. Acquiring Underlying Fee in Railroad Land and Right of Way'''<br /> <br /> It is advisable to acquire the underlying fee rights of current adjoining successors in title, when acquiring non-operating railroad land.<br /> <br /> When a proposed highway boundary line crosses or intersects the right of way of an operating railroad, it may be necessary to acquire the underlying fee within the limits of the railroad right of way from adjacent owners who have reversionary rights. It is the discretion of the district right of way manager as to whether or not the underlying fee should be acquired. The necessity increases, as the likelihood of future railroad abandonment increases.<br /> <br /> The description on deeds for each underlying fee owner will extend to the center of the railroad right of way or include the entire railroad right of way, when applicable, and will contain the wording &quot;subject to railroad right of way.&quot;<br /> <br /> '''F. Condemnation of Railroads'''<br /> <br /> The Railroad Projects Manager is to be notified of the anticipated date of condemnation when the Multimodal Operations Division is acquiring railroad property.<br /> <br /> District right of way will be responsible for including in condemnation both operating and non-operating railroad property that are not acquired by negotiation. Prior to preparation of a condemnation petition, determine from the Multimodal Operations Division the status of negotiations and a recommendation to include or exclude railroad property in condemnation. Railroad property is not to be included in the condemnation petition unless the Multimodal Operations Division has received proper authorization from the Department of Economic Development, Division of Motor Carrier and Railroad Safety.<br /> <br /> ===236.7.5.3 Acquisition from Federal Agencies===<br /> <br /> When land or property rights are to be acquired from the United States Army, Air Force, Navy, Veterans Administration, or the Bureau of Indian Affairs, district right of way is authorized to negotiate directly with the agency. For acquisitions from all other federal agencies, application must be made through the Federal Highway Administration. District right of way is to prepare all required documents and transmit them to the Right of Way Section for handling with Federal Highway Administration.<br /> <br /> ===236.7.5.4 Acquisition from State of Missouri Agencies===<br /> <br /> '''A. Acquisition from Conservation Commission and the University of Missouri'''<br /> <br /> Other than the MHTC, the Conservation Commission and the University of Missouri are the only Missouri state agencies that have authority to convey real property. When the MHTC acquires land or property rights from one of these two agencies, district right of way shall negotiate directly with the agency. <br /> <br /> The curators of the University of Missouri are vested with the power to convey property owned by the University in § 172.020, RSMo. This section reads, in part, “The Curators of the University of Missouri…shall have perpetual…power…to take, purchase and to sell, convey and otherwise dispose of lands and chattels…”. This is consistent with § 37.005.9, RSMo which specifically excepts property owned by the university from other state property which vests in the governor and requires authorization from the general assembly before it can be conveyed. <br /> <br /> It is not as clear whether the Department of Conversation/Conservation Commission has the power to convey the property it owns. However, Art. IV, § 40(a) of the Missouri Constitution gives the Conservation Commission the control, power and management over all property owned, acquired or used for conservation purposes. While this constitutional provision does not specifically state that the Conservation Commission has the power to convey property, a reasonable interpretation of this section, read in conjunction with § 37.005.9, RSMo., is that the Conservation Commission has the power to convey property. <br /> <br /> '''B. Acquisition from All Other State Agencies'''<br /> <br /> State agencies, other than those identified above, are required, by statute, to obtain authority to convey real property by an act of the General Assembly. The Governor may execute conveyances of easement rights only without authorizing legislation.<br /> <br /> :'''1'''. Land Acquisition<br /> <br /> :For all agencies other than those identified above state statute provides for the conveyance of fee simple interest in real property, by a specific act of the General Assembly that will be arranged by the Right of Way Section. The legislative act authorizes the Governor to execute the conveyance document, after it has been approved as to form by the Attorney General’s office.<br /> <br /> :'''2'''. Easement Acquisition<br /> <br /> :When only easement rights are to be acquired, the statute permits the Governor to convey an easement without legislative action, after the document is approved as to form by the Attorney General's Office.<br /> <br /> :The document CCO RW24 may be used for these acquisitions, with a suggested heading change to EASEMENT(S) ON STATE PROPERTY FOR HIGHWAY PURPOSES. (Form RW24 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].) This heading change does not require approval by Chief Counsel Office.<br /> <br /> :'''3'''. Acquisition Procedure<br /> <br /> :District right of way shall:<br /> <br /> ::*contact the local agency representative<br /> ::*explain the acquisition<br /> ::*obtain permission to inspect<br /> ::*appraise the property or secure donation<br /> ::*review and approve Just Compensation<br /> ::*prepare offer letter<br /> ::*prepare Quit Claim Deed<br /> <br /> :Forward appraisal, offer letter, Quitclaim Deed, and plan sheets to the Right of Way Section. The Right of Way Section will:<br /> <br /> ::*negotiate directly with the agency<br /> ::*secure executed deed<br /> ::*process payroll<br /> ::*deliver check to the agency<br /> ::*transmit executed deed to the district for recording<br /> ::*transmit to district negotiator’s report and contact log<br /> ::*prepare and transmit to district an administrative settlement letter, if necessary<br /> <br /> ==236.7.6 Acquisitions of Maintenance Sites and Other Capital Improvement Sites==<br /> <br /> ===236.7.6.1 Purpose===<br /> <br /> This information describes MoDOT’s procedures for acquiring maintenance sitesand other capital improvement sites.<br /> <br /> ===236.7.6.2 Site Selection and Approval===<br /> <br /> Site selection, including environmental studies of proposed sites, is the responsibility of the district subject to approval of the General Services Director.<br /> <br /> Once the location for a new site is chosen or the decision is made to expand a facility, the General Services Division will request district right of way to determine the market value of the property. <br /> <br /> All property to be acquired for capital improvement purposes shall be appraised in accordance with [[236.6 Appraisal and Appraisal Review#236.6.3.8 Maintenance Lot and Capital Improvement Valuation|EPG 236.6 Appraisal and Appraisal Review]]. In those instances where only a portion of the total property is to be acquired, appraisers shall determine if the acquisition will damage the remaining property. If in their opinion the remaining property is damaged, the appraisers shall prepare a before and after appraisal of the property setting forth such damages. If in their opinion there is no damage to the remainder, appraisers are to make a statement to that effect in the appraisal report and appraise the part to be acquired as a total tract.<br /> <br /> Upon completion of the appraisal, it is to be reviewed in the district in accordance with [[236.3 Administration|EPG 236.3]]. A copy of the approved appraisal shall be forwarded by the district to the General Services Division for funding allocations.<br /> <br /> ===236.7.6.3 Acquisition Procedure===<br /> <br /> Upon receipt of concurrence, the General Services Division will advise district right of way to initiate negotiations for acquisition of the property. A [http://eprojects/Templates/RW/Chapter%207_Negotiation/Offer%20Letter%20Form%20-%20Capital%20Improvements%207.6.3.docx letter of offer on capital improvement facilities] (Form 7.6.3), is to be used in making offers to property owners. District right of way should follow acquisition procedures outlined in the areas of [[236.3 Administration#236.3.5 Right of Way Expenditures|payrolling]], [[236.4 Description Writing and Titles#236.4.4.8 Obtaining Title Insurance and Title Commitments|abstract or title insurance]], and the use of [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services|Escrow Agents]].<br /> <br /> All capital improvement sites and additions shall be acquired in fee simple title. The deed for conveyance shall be based on an accurate survey of the property. A professional land surveyor shall complete the survey. <br /> <br /> Negotiations for all new or additions to capital improvement facilities shall be based on approximate boundaries. If the owner is agreeable to selling the property for the approved amount, said survey will be made for preparation of the deed.<br /> <br /> Appropriate efforts to acquire the property for the approved amount should be made; however, if the owner refuses the offer but through either a counteroffer or other means it is determined that the property can be purchased for an amount above the approved offer, so advise the General Services Division with a recommendation. The General Services Division will advise the district whether or not to proceed at the higher price. <br /> <br /> Upon successful negotiations for the capital improvement site or addition, the payroll shall be completed in the same manner as other payrolls for land acquisitions and submitted to the Right of Way Section. Upon receipt of the check by district right of way, the deed and survey plat will be recorded. Copies of the recorded deed and survey shall be submitted to the General Services Division and the State Maintenance Engineer.<br /> <br /> Condemnation proceedings shall not be initiated for a capital improvement location unless specifically instructed to do so by the Right of Way Section.<br /> <br /> The cost of appraisals, survey expenses, title work and other miscellaneous right of way items as well as the cost of the site itself shall be charged to the appropriate project number established by the General Services Division.<br /> <br /> ==236.7.7 1099 Reporting of Acquisitions==<br /> <br /> ===236.7.7.1 Purpose===<br /> <br /> This information establishes MoDOT’s guidelines and procedures for reporting the acquisition of real estate or real property rights to the Internal Revenue Service (IRS).<br /> <br /> ===236.7.7.2 1099 Reporting Procedure===<br /> <br /> '''A. Transactions to be Reported'''<br /> <br /> The Commission is responsible for reporting the following real estate acquisitions to the IRS: <br /> <br /> :* Real property and or permanent right in excess of $600 will be reported on a 1099-S.<br /> :* Temporary easements if the easement is to last 30 years or more and are paid over $600 will be reported on a 1099 MISC and handled by OA. Damages to remainders for real property and/or permanent rights will be reported on a 1099-S.<br /> :* Damages related to the temporary easement will be reported on a 1099-MISC and will be handled by OA.<br /> :* Damages included with a temporary easement that consist of money provided to a property owner that will not be expended on the property over $600 (for example, removing an entrance/driveway) will be handled by OA and reported on a 1099-MISC.<br /> :* Administrative settlements included with a temporary easement will be handled by OA and reported on a 1099-MISC.<br /> <br /> '''B. Transactions Not Reported'''<br /> <br /> The following are exceptions to the requirements for reporting acquisitions to the IRS:<br /> <br /> :* Purchases from corporations and governmental agencies.<br /> :* If the payment is being made to an escrow agent, the agent handles the 1099 reporting.<br /> :* Cost to cure (damages) included with a temporary easement that consists of money being provided to a property owner to expend on property, for example, trees and fencing. <br /> <br /> '''C. Determining Year of Reporting'''<br /> <br /> Under IRS rules an acquisition has to be reported in the year the transaction is closed. For purchases this is the date the check is received by the escrow agent or the property owner. For condemned property it is the date the Commissioners’ award is deposited with the court. The withdrawal of the award from the court is not considered in determining the date of closing nor the need to report the acquisition. <br /> <br /> '''D. Reporting More Than One Owner'''<br /> <br /> Transactions should be entered in RWPA shortly after they are closed or condemned. In the case of condemned property it will be necessary to base the report on the award. When more than one property owner (other than husband and wife or partnerships) is involved in receiving proceeds from the acquisition, IRS regulations require that an allocation of the gross proceeds be requested by MoDOT. The request must be made at or before the time of closing or at the time the Commissioners’ award is paid into court. This request should be made by certified mail with a copy to each taxpayer.<br /> <br /> If the distribution cannot be determined or if an award is not drawn down from court, it will be necessary to report the entire amount to the IRS for each individual taxpayer. Those individuals whose property is acquired by negotiation yet still refuse to provide a distribution of funds should also receive a request by certified mail. The request should advise taxpayers that if an allocation of funds is not provided the entire amount will be reported as if paid to each taxpayer.<br /> <br /> '''E – RWPA System Requirements for 1099s'''<br /> <br /> All data must be entered on the following screens for a 1099 to be processed:<br /> Location Description screen: Section, Township and Range.<br /> <br /> 1099 screen: Fee Holder/Tenants info: SSN/Tax ID;<br /> ::1099 data – Type (interest or “s” sale), Date Closed, and Gross Proceeds.<br /> <br /> ===236.7.7.3 Taxpayer Identification Numbers===<br /> <br /> It is required that MoDOT request a taxpayer identification number (TIN) from all taxpayers at or before the time of closing. A husband and wife are treated as one taxpayer and only one TIN needs to be supplied. Partnerships and trusts should have a TIN that is to be used instead of social security numbers of the individual partners or the beneficiaries of a trust.<br /> <br /> Under IRS regulations, any person whose TIN is requested must furnish such TIN and certify that the TIN is correct. The solicitation shall be made by providing a written statement to the taxpayer that they are required by law to furnish a correct TIN, and that they may be subject to civil or criminal penalties for failing to furnish a correct TIN.<br /> <br /> The procedures described in [[236.7 Negotiation#236.7.2 Guidelines and Procedures|EPG 236.7.2]] shall be followed in soliciting TINs from taxpayers during negotiations. The paragraph in the offer letter pertaining to TINs will satisfy the above requirement. A [https://oa.mo.gov/sites/default/files/vendor_input_ach_eftd.pdf Vendor Input Form MO 300-1489] can be used with the request.<br /> <br /> When dealing with a representative of the owner(s), it is permissible to request that the representative obtain the TIN from the taxpayer(s); however, if they fail to supply it, a request must be sent to the taxpayer(s) by certified mail.<br /> <br /> A completed Form 7-7.3 will be retained in the parcel file and provided to the escrow agent. A completed Vendor Input Form MO 300-1489 is to be submitted to the Office of Administration.<br /> <br /> '''A. Instructions for Preparing Request for Taxpayer Identification Number and Request for Allocation of Gross Proceeds'''<br /> <br /> The [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20Allocation%20Gross%20Proceeds%20Form%207.7.3.pdf Request for Allocation of Gross Proceeds] (Form 7-7.3) and [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20for%20TIN%20and%20Allocation%20of%20Gross%20Proceeds%20Form%207.7.3.A.docx Request for Taxpayer Identification Number and Allocation of Gross Proceeds - Sample Letter] (Form 7-7.3A), has been prepared as a style sheet. Five fields (County, Route, Job, Parcel and Total Amount to be Allocated) are to be completed by district right of way before giving the form to the property owner.<br /> <br /> A [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20for%20TIN%20and%20Allocation%20of%20Gross%20Proceeds%20Form%207.7.3.A.docx sample letter] (Form 7-7.3A) to accompany the request form is available.<br /> <br /> ===236.7.7.4 Methods for Reporting to the IRS===<br /> <br /> Reporting of real estate transactions to the IRS will be done by one of the following four methods:<br /> <br /> :* If the property is purchased and the transaction is closed by an escrow agent, the escrow agent is to handle the reporting to the IRS. The agreement for title and escrow services as described in [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services|EPG 236.4.4.6 Escrow Services]] provides for this requirement. If a bank or other source is used as an escrow agent, the letter of understanding with the escrow agent should spell out this duty along with the other duties.<br /> :* If the property is purchased and the transaction is not closed by an escrow agent, district right of way is responsible for creating a 1099-S in the RWPA application. The “Property Transfer Settlement” field shall be filled in with “Yes” if part of the consideration for a reportable acquisition transaction consisted of realty. The most current address shall be verified and used on the form.<br /> :* If the property is condemned, it should be determined if the County Clerk is reporting the transaction to the IRS. If they are making the report, MoDOT will not duplicate it. If the County Clerk is not reporting the transactions, district right of way is responsible for creating a 1099-S in the RWPA application.<br /> :* If the property purchased is a temporary easement, OA will handle reporting the 1099-MISC.<br /> :* If interest is ordered to be paid following a condemnation case, OA will handle reporting the 1099-INT.<br /> <br /> ===236.7.7.5 Corrected 1099-S's===<br /> <br /> If a trial or legal settlement occurs during the same tax year that the Commissioners’ Award was reported, district right of way shall correct the 1099-S in the Right of Way Parcel Acquisition application to show the new amount. The 1099-S shall be corrected if the final amount is either more or less than the amount previously reported.<br /> <br /> ===236.7.7.6 Reporting on Condemned Acquisitions===<br /> <br /> '''A. Reporting Jury Verdicts or Settlements in Subsequent Tax Years'''<br /> <br /> If a jury verdict or settlement occurs in a subsequent tax year and the amount of the verdict or settlement is greater than the award, a normal 1099-S for the difference between the verdict or settlement (not including interest) and the previously reported amount shall be created in the Right of Way Parcel Acquisition application by district right of way.<br /> <br /> If a jury verdict or settlement in a subsequent year is for an amount less than the award, no reporting is necessary. <br /> <br /> If the jury verdict or settlement is on a parcel that was condemned in a year in which the department was not required to report transactions, a 1099-S shall be submitted for the difference in the verdict or settlement (not including interest) and the original award. Do not include the original award in this submission, even though MoDOT never reported the original award.<br /> <br /> '''B. Reporting Payment of Interest'''<br /> <br /> When a jury verdict or a legal settlement results in $600 or more of interest being due the property owner, the payment of interest is to be reported to the Internal Revenue Service. In these cases, district right of way shall create a 1099-INT.<br /> <br /> When more than one property owner (other than husband and wife or partnerships) is involved in receiving proceeds from the acquisition, the reporting of interest is to be broken down by the same ratio as the allocation of the gross proceeds among the taxpayers.<br /> <br /> ==236.7.8 Contract Negotiation==<br /> <br /> ===236.7.8.1 Application for Employment as Contract Negotiator===<br /> <br /> All contracts for negotiation services shall comply with statutory, MODOT and E-Verify requirements when applicable. Please refer to [[236.3 Administration#236.3.11 Contracting with MoDOT and E-Verify Requirements|EPG 236.3.11 Contracting with MoDOT and E-Verify Requirements]] for more information.<br /> <br /> Right of Way negotiators employed under agreement by the MHTC must enjoy a good professional reputation and be able to provide evidence of significant experience in Federal-Aid projects and negotiating for [[236.10 Right Of Way Condemnation#236.10.7 Eminent Domain Guidelines|eminent domain]] acquisitions. Additional experience obtained through classes relating to the uniform act and negotiations is considered but not required.<br /> <br /> All fee negotiators who desire to work for MHTC on a contract basis must submit an [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Application%20Employment%20Contract%20Negotiator%20Form%207.8.1.pdf Application for Employment as a Contract Negotiator] (Form 7.8.1), to a district right of way office. When the application is received at the district office, a member of the right of way staff shall conduct an investigation to determine the qualifications of the applicant. This investigation shall be to the extent necessary to determine the abilities of the applicant and the applicant's general reputation within the profession. All clients shown on the application shall be contacted in person or by telephone. All applicants must be recommended by at least two clients.<br /> <br /> After the investigation is completed and district right of way is satisfied with the applicant's qualifications, the district shall transmit to the Right of Way Section its recommendation together with one copy of the application and such other exhibits considered pertinent to the approval process. The Right of Way Section will review the application material to determine the applicant's qualifications and will advise the district office, in writing, of the approval or disapproval of the applicant.<br /> <br /> '''Duration of Approval of Fee Negotiators on the Roster of Approved Negotiators'''<br /> <br /> Duration of approval on the Roster of Approved Fee Negotiators is 3 years. A renewal application will be sent to each fee negotiator prior to their 3 year expiration date as contained in MoDOT’s database. The renewal application will seek to determine the applicants desire to remain on the list and also to capture updated information including address, phone numbers, email addresses and areas of the state the applicant is interested in performing work. Renewal dates are contained in the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved Contract Negotiators (Form 7-8.2)]. If you have any questions you can contact the Right of Way Section of MoDOT's Design Division.<br /> <br /> ===236.7.8.2 Roster of Approved Contract Negotiators===<br /> <br /> The Right of Way Section will maintain a Roster of Approved Contract Negotiators (Form 7-8.2), listing all approved contract negotiators. The roster indicates the districts in which the individual is primarily available to work. However, approved negotiators may work in all areas of the state.<br /> <br /> ===236.7.8.3 Preliminary Contract Negotiation Fee Estimate===<br /> <br /> Although not required, it may be advisable in some circumstances to prepare a preliminary contract negotiation fee estimate. This will document that consideration was given to the negotiation problems that are anticipated and provide a basis for evaluating the reasonableness of proposed fees.<br /> <br /> ===236.7.8.4 Proposal for Contract Negotiations===<br /> <br /> The availability of qualified contract negotiators varies from one location to another and/or from one time period to another, depending upon current economic conditions. Departmental guidelines provides for both the solicitation of competitive proposals and for non-competitive contracting. The availability of qualified contract negotiators and project time constraints may determine the bid process that will be followed.<br /> <br /> Every effort shall be made to select the most qualified negotiators available for the particular assignments involved. Consideration should be given to anticipated negotiation problems, the talents and skills of the prospective negotiators, past performance, and present commitments. The negotiator must have experience working on federal-aid projects and provide a list of those projects within the application. The district shall contact by letter, telephone, or in person each of the selected negotiators to determine their interest in submitting proposals for the required work. <br /> <br /> Each prospective negotiator must familiarize themselves with all aspects of the proposed negotiations assignment. A member of the district right of way staff shall be available to accompany prospective negotiators during a field review of each parcel if requested, in order to acquaint them with project plans, rights being acquired, and any unique problems that may be encountered. <br /> <br /> A proposal packet shall be prepared for each selected negotiator, whether distributing competitive proposals or non-competitive proposals. Each proposal packet should contain the following:<br /> <br /> :* Proposal for Contract Negotiations (Form 7-8.4 (CCO RW33) (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), with parcel number, owner, and realty appraisal format completed on the price page).<br /> :* Blank copy of Negotiator Services Agreement (Form 7-8.5 (CCO RW34)). (Form RW34 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements])<br /> :*Right of Way Plans.<br /> :*Copies of appropriate negotiations forms and form letters.<br /> :*Envelope to district office with '''&quot;Proposed Negotiation Fees - Do Not Open,&quot;''' if requesting competitive proposals.<br /> <br /> '''A. Competitive Proposals for Contract Negotiations'''<br /> <br /> When the competitive proposal process for contracting negotiations is used, the district shall make a reasonable effort to secure proposals from those approved negotiators who have demonstrated expertise to accomplish the proposed negotiation assignments. The request for proposals shall be in writing and is to be mailed simultaneously to negotiators on the &quot;approved&quot; list.<br /> <br /> It should be noted that negotiation agreements are to be awarded to the lowest and best bid. The term &quot;lowest&quot; pertains strictly to the dollar amount of the proposal. The term &quot;best&quot; takes into consideration the issue of timeliness, or delivery date, the comparative level of experience of the bidders, and also the past records of individuals with respect to quality of work product and adherence to agreement requirements and deadlines. In other words, though important, mere submission of the lowest cost proposal will not, in and of itself, assure that bidder of being awarded a particular agreement.<br /> <br /> An envelope directed to District Office shall be provided with a notation prominently displayed '''&quot;Proposed Negotiation Fees - Do Not Open.&quot;''' A proposal packet shall be provided to each negotiator. Every negotiator should be warned not to add or delete any terms or conditions or amend the proposal in any way. Altered or amended proposals will be rejected at the time of opening.<br /> <br /> '''Electronic submissions or faxed submissions of proposals will not be accepted because confidentiality cannot be maintained'''.<br /> <br /> A designated district staff member shall retain all competitive proposals received until time of opening.<br /> <br /> :'''1'''. Opening of Proposals<br /> <br /> :District staff members shall open all proposals at the prescribed time. Personnel supervising the opening shall publicly announce to all in attendance the amounts recited in each proposal.<br /> <br /> :'''2'''. Selection of Successful Proposal<br /> <br /> : The lowest and best proposal is to be selected and the district will prepare a Negotiation Services Agreement (CCO RW34) for execution by the successful bidder. Agreements must contain the same provisions as the proposal.<br /> <br /> '''B. Non-Competitive Proposals for Contract Negotiations'''<br /> <br /> When staff workload or project completion considerations warrant, negotiations agreements may be awarded without competitive proposals, the district may proceed as follows:<br /> <br /> District shall select negotiators from the current Roster of Approved Contract Negotiators (Form 7-8.2). Every effort shall be made to select the most qualified negotiator available for the particular job. Consideration should be given to anticipated negotiation problems, negotiator’s experience, negotiator's past performance, pending assignments, etc. District personnel determine the selected negotiator’s availability to complete the work within a specified time.<br /> <br /> After the negotiator has been made aware of all facts regarding the prospective negotiations assignment, the district shall request a Proposal for Contract Negotiations (Form 7-8.4, RW33) (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), setting forth a fee for each parcel. Since competitive proposals are not involved, the Competitive Proposal paragraph may be deleted or marked &quot;not applicable.&quot; The proposal must be dated, signed, and submitted to the district office by the prospective negotiator.<br /> <br /> Should it be determined that the proposed fees appear excessive, the district right of way manager or a designee shall negotiate with the negotiator in an effort to achieve acceptable fees. In the event negotiations fail to produce acceptable fees, the district has the option to negotiate with another contractor or initiate the competitive bid process. Once acceptable fees are agreed upon, the district shall secure a Negotiator Services Agreement (CCO RW34).<br /> <br /> ===236.7.8.5 Negotiator Services Agreement===<br /> <br /> All Fee Negotiators performing negotiation work for the Missouri Highways and Transportation Commission shall do so by a fully completed and executed Negotiator Services Agreement (Form 7-8.5 (CCO RW34)) (Form RW34 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]). Negotiator Services Agreements with individuals or companies shall designate the individual(s) who shall perform the negotiation services. An officer shall execute all agreements with companies. Each agreement shall include a copy of the negotiator’s proposal (Form 7-8.4, RW33). (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> Three copies of the Negotiator Services Agreement shall be executed by appropriate MoDOT staff in accordance with the Commission’s Execution of Documents Policy. <br /> <br /> '''A. Distribution of Fully Executed Negotiations Agreements'''<br /> <br /> One fully executed copy shall be returned to the contractor, one copy shall be retained by district right of way and one shall be submitted to the Controller’s Division.<br /> <br /> '''B. Notice to Proceed'''<br /> <br /> The agreement requires a written notice to proceed, with which the negotiator should be provided a current set of highway plans and other data necessary to accomplish the assignment.<br /> <br /> ===236.7.8.6 Supplemental Negotiator Services Agreements===<br /> <br /> Subsequent to the execution of the initial agreement, it sometimes becomes necessary, due to plan changes or other considerations, to request additional negotiations services. If such services are required, they are to be secured by processing a supplemental negotiations agreement. <br /> <br /> Supplemental Negotiator Services Agreement (Form 7-8.6, (CCO RW35)) (Form RW35 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is designed to minimize administrative efforts when it becomes necessary to add parcels to the original agreement, or change the scope of the required services.<br /> <br /> The Supplemental Negotiator Services Agreement refers to specifications as recited in original agreement, so it becomes imperative that such requirements and specifications are effective at the date &quot;new&quot; parcels or required services are added to the original contract. New parcels shall be construed to mean tracts not previously included or where the plan or ownership revisions are so acute as to require additional services. Also a calendar period or time frame in which the work is to be completed must be specified.<br /> <br /> Three copies of the Supplemental Negotiator Services Agreementshall be executed in accordance with the Commission’s Execution of Documents Policy. One fully executed copy shall be returned to the contractor, one copy shall be retained by district right of way and one shall be submitted to the Controller’s Division.<br /> <br /> ===236.7.8.7 Contract Negotiator Performance Evaluation===<br /> <br /> The last paragraph of Proposal for Contract Negotiation (Form 7-8.4, RW33) (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), advises contractors that their overall performance will be carefully evaluated and that failure to perform at an acceptable level can result in their removal from MoDOT’s Roster of Approved Contract Negotiators (Form 7-8.2).<br /> <br /> Consistent with the statements of the proposal, the district shall evaluate the performance of the contract negotiator after completion of all negotiations assignments in a given assignment. The [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Contract%20Negotiator%20Performance%20Form%207.8.7.pdf performance shall be rated] (Form 7-8.7). It is essential that this report be fully completed.<br /> <br /> For the evaluation process to be meaningful all answers must accurately reflect the conclusions of the person completing the form, based on a thorough analysis of the contractor’s performance on that specific agreement. Some questions may require more than a simple yes or no answer. If that is the case the comments should be written on a separate page and attached to the evaluation report.<br /> <br /> Properly used the Performance Evaluation can be of considerable value to MoDOT in effectively managing contract negotiations work. It is intended to serve as the documentary basis for the retention or dismissal of contract negotiators. If contractors are to be removed from the Roster of Approved Contract Negotiators based on poor performance, they must be notified in writing.<br /> <br /> '''A. Distribution of Evaluation Form'''<br /> <br /> Upon completion of the district section of the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Contract%20Negotiator%20Performance%20Form%207.8.7.pdf Performance Evaluation], it is to be signed by the preparer, a copy retained by the district, and one copy submitted to the Right of Way Section. A copy shall also be given to the contract negotiator.<br /> <br /> '''B. Notification to Contract Negotiator of Removal from Roster of Approved Contract Negotiators (Form 7-8.2)'''<br /> <br /> If after one or more examples of unsatisfactory performance, which results in a recommendation to remove from the Roster of Approved Contract Negotiators, a letter signed by the Asst. to the State Design Engineer - Right of Way shall be mailed to the contract negotiator advising that they have been removed from the Roster of Approved Contract Negotiators.<br /> <br /> ==236.7.9 Special Benefit Acquisitions==<br /> <br /> ===236.7.9.1 Purpose===<br /> <br /> This information establishes MoDOT’s procedures for partial acquisitions from properties that result in Special Benefits to the remainder.<br /> <br /> ===236.7.9.2 Special Benefit Acquisitions===<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Special%20Benefit%20Offer%20Letter%20Form%207.9.2.docx Special Benefits] are those benefits accruing to the land adjacent to the public improvements that do not accrue to the public at large. When an appraisal reveals an enhancement in the value of an owner's remaining property the enhanced value may merely be reflected in a lowered estimate of Just Compensation, or it may result in a zero indication of Just Compensation. Both situations are to be considered Special Benefit cases.<br /> <br /> Special benefits reflected in an appraisal must be supported with concurrence from district counsel and written documentation attached to the appraisal.<br /> <br /> Dual compensation amounts will be offered to owners of residentially improved properties, to reflect the acquisition area with special benefits to the remainder, and the acquisition of the entire property at its before value.<br /> <br /> Dual offers for residentially improved properties are implemented at the discretion of the Asst. to the State Design Engineer - Right of Way. It will be solely the discretion of the Asst. to the State Design Engineer - Right of Way to apply this policy to other than residential property. The size and value of a remainder may dictate the MHTC’s ability to acquire entire large, higher valued properties.<br /> <br /> '''A. Dual [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Special%20Benefit%20Offer%20Letter%20Form%207.9.2.docx Offers for Special Benefits] on Residentially Improved Properties'''<br /> <br /> Dual offers are to be extended at the initiation of negotiations for properties where residential improvements are affected.<br /> <br /> No single-family dwelling that has contributory value, whether occupied or unoccupied at the effective date of appraisal or date of acquisition, shall be compensated at less than its contributory value due to the assessment of special benefits. Further, an occupied dwelling must be compensated for on the basis of its value as a residential use.<br /> <br /> '''First Offer'''<br /> <br /> If the acquired dwelling is occupied or unoccupied, and contributes to the before value, the first offer would reflect at least the value of the dwelling and supporting land and improvements.<br /> <br /> If the acquired dwelling is unoccupied and has no contributory value before the acquisition, the first offer will be the reduced or zero offer.<br /> <br /> '''Second Offer'''<br /> <br /> In every case, the second offer will reflect the total before property value, based on its highest and best use before the acquisition.<br /> <br /> '''B. Acquisition of Residential Dwelling With Contributory Value – Whether Occupied or Unoccupied'''<br /> <br /> (Occurs when the highest and best use before acquisition is residential, and the highest and best use after acquisition is a higher, more valuable use.)<br /> <br /> If there are special benefits to a remainder, and an occupied or unoccupied dwelling which has value in the before situation is to be acquired, a dual offer will be prepared and extended to the owner at the initiation of negotiations. Offers to acquire an occupied or unoccupied dwelling will include compensation based on the contributory value of the dwelling, residential outbuildings, and supporting land, plus any additional contributory value of other land area in the acquisition, which will have been set out in the appraisal review. The second offer will be the entire before value as set out in the appraisal review.<br /> <br /> '''C. Acquisition of an Occupied Dwelling With No Contributory Value to the Current Highest and Best Use'''<br /> <br /> (Occurs when the highest and best use of the land, before the acquisition, is greater than residential.).<br /> <br /> If there are special benefits to a remainder, and an occupied dwelling which has no contributory value in the before situation is to be acquired, a dual offer will be prepared and extended to the owner at the initiation of negotiations. The first offer will be at least the value of the dwelling, residential outbuildings, and supporting land, approved in the appraisal review. The second offer will be the entire before value as set out in the appraisal review.<br /> <br /> '''D. Acquisition of Unoccupied Dwelling That Has No Contributory Value to the Current Highest and Best Use'''<br /> <br /> If there are special benefits to a remainder and an unoccupied dwelling, which has no contributory value in the before situation is to be acquired, the property shall be appraised for its highest and best use in both the before and after situation with no special consideration being given the improvements.<br /> <br /> No dual offer would be necessary in this situation.<br /> <br /> <br /> <br /> [[category:236 Right of Way|236.07]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=236.7_Negotiation&diff=51773 2022-08-23T20:15:19Z

<p>Hallej1: /* 236.7.2.5 Offer Letter Formats */</p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:15px; border: 1px solid #cccccc; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;310px&quot; align=&quot;right&quot; <br /> |- <br /> |'''Forms'''<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Administrative%20Settlement%20Justification%20Letter%20Form%207.3%203%201.pdf Administrative Settlement Justification Letter (Form 7-3.3.1)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Application%20Employment%20Contract%20Negotiator%20Form%207.8.1.pdf Application for Employment as Contract Negotiator (Form 7.8.1)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation (Form 6.4.3)]<br /> |-<br /> |[http://epg.modot.org/forms/RW/Chapter%207_Negotiation/Contract%20Negotiator%20Performance%20Form%207.8.7.pdf Contract Negotiator Performance Evaluation (Form 7-8.7)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Disclaimer%20of%20Interest%20in%20Tenant%20Owner%20Form%207.2.5C.docx Disclaimer of Interest in Tenant Owned Improvement (Form 7-2.5C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Donation%20Letter%20waiver%20of%20Appraisal%20Form%207.2.12.docx Donation Letter &amp; Waiver of Appraisal (Form 7-2.12)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Title%20VI%20Survey.doc MoDOT Public Participation Survey (Title VI Survey)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Title%20VI%20Survey.pdf MoDOT Public Participation Survey (Title VI Survey) – External Version]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator's Report (Form 7-2.13)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%207_Negotiation/Offer%20Letter%20Form%20-%20Capital%20Improvements%207.6.3.docx Offer Letter Form – Capital Improvements (Form 7.6.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20prior%20Cond%20Form%207.2.5.D.docx Offer Letter - Combined Fee and Tenant Owners - Use Prior to Condemnation (Form 7.2.5D)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Owner%20Form7.2.5.A.docx Offer Letter - Fee Owner (Form 7.2.5A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Owner%20No%20Declaimer%20Form%207.2.5.B.2.docx Offer Letter - Tenant Owner No Disclaimer (Form 7.2.5B(2))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Form7.2.5.B.1.docx Offer Letter - Tenant Owner with Disclaimer (Form 7.2.5B(1))]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%207_Negotiation/Preliminary%20Contract%20Form%207.8.3.docx Preliminary Contract Negotiation Fee Estimate (Form 7-8.3)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%207_Negotiation/Pre-trial%20report%20Exh%205E.1.docx Pre-Trial Report]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20Owners%20section.pdf Prorata Real Estate Tax Claim, Owner's Section (Form 7-2.22C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20MoDOT%20section.pdf Prorata Real Estate Tax Claim, MoDOT's Section (Form 7-2.22D)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Renewal%20Application%20Contract%20Negotiator%20Form%207.8.1.A.pdf Renewal Application for Employment as Contract Negotiator (Form 7-8.1a)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20Allocation%20Gross%20Proceeds%20Form%207.7.3.pdf Request for Allocation of Gross Proceeds (Form 7-7.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20for%20TIN%20and%20Allocation%20of%20Gross%20Proceeds%20Form%207.7.3.A.docx Request for Taxpayer Identification Number and Allocation of Gross Proceeds - Sample Letter (Form 7-7.3A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Requirements%20for%20the%20Retention%20Form%207.4.2C.pdf Requirements for the Retention of Improvements (Form 7-4.2C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved Contract Negotiators (Form 7-8.2)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Release%20Funds%20Held%20in%20Escrow%20Form%207.1.17.docx Sample Letter - Release of Funds Held in Escrow (Form 7-1.17C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Special%20Benefit%20Offer%20Letter%20Form%207.9.2.docx Sample Letter - Special Benefit Offer Letter (Form 7-9.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Check%20to%20Owner%20Form%207.1.17.docx Sample Letter - Transmittal of Check to Owner (Form 7-1.17A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Checks%20to%20Escrow%20Agent%20Form%207.1.17.B.docx Sample Letter - Transmittal of Checks to Escrow Agent (Form 7-1.17B)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Settlement%20Trial%20Report%20Exh%205E.2.docx Settlement/Trial Report]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Written%20Notice%20of%20the%20Intended%20Acq%20of%20ODA%20Form%20236.7.2.6.docx Written Notice of the Intended Acquisition for Outdoor Advertising (Form 236.7.2.6)]<br /> |-<br /> |Forms RW2, RW8, RW10, RW15, RW20, RW23, RW25, RW33, RW34 and RW35 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].<br /> |}<br /> <br /> ==236.7.1 General Provisions==<br /> <br /> ===236.7.1.1 Authority===<br /> <br /> The Missouri Highways and Transportation Commission is empowered by law, [https://revisor.mo.gov/main/OneSection.aspx?section=227 Chapter 227.120, RSMo.], to purchase, lease or condemn lands in the name of the Missouri Highways and Transportation Commission for purposes deemed necessary for the proper and economical construction and maintenance of state highways. The Commission approves by Certification the detail plans of each project and authorizes the Chief Engineer to acquire all the land, property and rights indicated on said plans by purchase or the Chief Counsel to acquire by condemnation. The Asst. to the State Design Engineer - Right of Way has authority to acquire land, property and rights as indicated on right of way plans through the district right of way offices. <br /> <br /> ===236.7.1.2 Project Authorization===<br /> <br /> Acquisition of property rights cannot commence on any project until the project manager obtains acquisition authority as described in [[236.3 Administration#236.3.4 Right of Way Acquisition Authority and Project Funding|EPG 236.3.4 Right of Way Acquisition Authority and Project Funding]].<br /> <br /> ===236.7.1.3 Hardship Acquisition Authorization===<br /> <br /> Justification for a [https://epg.modot.org/index.php?title=236.3_Administration#Request_for_Hardship_Acquisition hardship acquisition] must be reviewed and approved by the Asst. to the State Design Engineer - Right of Way on a parcel-by-parcel basis.<br /> <br /> ===236.7.1.4 Protective Buying Authorization===<br /> <br /> Justification for a protective purchase to prevent imminent development and increased costs of a parcel, must be reviewed and approved by the Asst. to the State Design Engineer - Right of Way on a parcel-by-parcel basis. Refer to [https://epg.modot.org/index.php?title=236.3_Administration#Contents_of_Request EPG 236.3.4.5 Advance Acquisition - Hardship and Protective Buying] for more information.<br /> <br /> ===236.7.1.5 Who Conducts Negotiations===<br /> <br /> '''Staff Negotiations'''<br /> <br /> The term &quot;negotiator&quot; as used here refers to any member of the right of way staff performing negotiations for property or property rights.<br /> <br /> By authority of the Missouri Highways and Transportation Commission, negotiations for the acquisition of real property and/or property rights for highway purposes are conducted by qualified right of way personnel. Such personnel must meet the minimum qualifications for the position of right of way specialist as outlined in the Missouri Department of Transportation's Job Specifications Manual. Other right of way personnel not meeting these minimum qualifications can perform negotiations under the direct guidance of the district right of way manager, the chief negotiator, or a qualified senior or certified right of way specialist.<br /> <br /> Individuals, who determine values on waiver valuations, may establish just compensation as well as negotiate with the owner for acquisition. An appraiser/negotiator, must fulfill the requirements of owner contact as outlined in [[236.7 Negotiation#236.7.2 Guidelines and Procedures|EPG 236.7.2]].<br /> <br /> '''Contract Negotiations'''<br /> <br /> Contract negotiators may conduct negotiations under written agreement as described in [[236.7 Negotiation#236.7.8 Contract Negotiation|EPG 236.7.8]]. The amount of the fee shall be established on a parcel basis. The Right of Way Section must approve contract negotiators prior to employment. The Right of Way Section maintains a Roster of Approved Contract Negotiators (Form 7-8.2).<br /> <br /> ===236.7.1.6 Acquisition of Real Property Interest===<br /> <br /> All rights, title, interest of fee hold and subordinate interests in real property are to be acquired as necessary, for the proper and economical construction, operation, protection, support, preservation and maintenance of state highways.<br /> <br /> Generally, the use of Partial Deeds of Releases or Subordinations, on mortgages and deeds of trust are '''not''' necessary when:<br /> <br /> :*The approved compensation is based on the use of a waiver valuation.<br /> :*Only a partial acquisition is involved and the property remaining has adequate value to secure the existing mortgage or deed of trust.<br /> :*Access rights are '''not''' being acquired.<br /> :*The property is '''not''' being condemned.<br /> <br /> This list is a general guide and is not intended to be all-inclusive. The district right of way manager should be aware of all situations waiving partial releases and subordinations.<br /> <br /> The Right of Way Section, with concurrence from Chief Counsel's Office, approves exceptions to the acquisition of other property rights on an individual case or project basis. Exceptions may be, but are not limited to, the reservation of subsurface mineral rights, gas storage rights or a limitation on vertical dimension for multiple uses.<br /> <br /> ===236.7.1.7 Public Information Brochure===<br /> <br /> A brochure entitled '''[http://eprojects/Templates/RW/Chapter%207_Negotiation/Pathways%20for%20Progress%20brochure.pdf Pathways for Progress]''' is available to the general public and for distribution at all public hearings for highway projects. It briefly describes the department's general procedures in the phases of appraisal, negotiation, settlement, closing, mediation and eminent domain.<br /> <br /> ===236.7.1.8 Pre-Negotiation Public Relations Contact===<br /> <br /> Acquisition personnel may be assigned, commensurate with anticipated problems, to make calls upon property owners and discuss acquisition procedures and provide general information concerning the proposed highway project. An employee, who may later be involved with the appraisal, negotiation, or relocation for the project, may make such calls. Care should be taken to avoid discussing assumptions, possible offers, possible damage, or value conclusions. This initial call should be brief and is only intended to provide project information, and promote the public relations.<br /> <br /> ===236.7.1.9 Negotiating Through a Third Party===<br /> <br /> Negotiations shall not be conducted through a third party unless the property owner has provided written authorization, or the third party is a legally appointed representative for the owner. If an attorney has been retained, and the owner has provided a written authority, all negotiations must be conducted with the attorney unless a written waiver of negotiations is received from the attorney.<br /> <br /> ===236.7.1.10 Initiation of Negotiations===<br /> <br /> The term &quot;Initiation of Negotiations&quot; relates to the date on which the department presents the owners of the subject parcel, or their designated representative, a written offer for the property or rights to be acquired. When non-resident owners are involved who cannot be contacted in person, initiation of negotiations for the parcel shall be the date such owners or their designated representative received the first communication by mail or telephone from the department in which a monetary offer to purchase is made. (Certified mail with return receipt requested must be used when the above contact is made by mail to establish and document the date that the written offer is received by the relocatee or by the relocatee's representative.)<br /> <br /> ===236.7.1.11 Relocation Assistance Information===<br /> <br /> Residential owner occupants being displaced are to be provided an explanation of the relocation benefits for which they are eligible. Offers to acquire property and/or property rights are not to be made to displaced owner occupants until the owner can be provided with the required relocation information.<br /> <br /> ===236.7.1.12 Relocation Section Notices===<br /> <br /> [http://eprojects/Templates/RW/Chapter%208_Relocation/Initiation%20of%20Negotiations%20Statement%20From%20236.8.5.5.docx &quot;Initiation of Negotiations Statement&quot;] (RA Form 8-5.5)<br /> <br /> This form is to be submitted to the district relocation section immediately after the first initiation of negotiation on a project, and immediately after initiation of negotiations for each individual parcel, affected by the relocation program. This form is not applicable to parcels not affected by the relocation program.<br /> <br /> [http://eprojects/Templates/RW/Chapter%208_Relocation/Acquisition%20Statement%20Form%20236.8.5.8.B.docx &quot;Acquisition Statement&quot;] (RA Form 8-5.8(b))<br /> <br /> This form is to be completed by the negotiator and submitted to the relocation section immediately after all interest in the parcel is acquired when the relocation program affects the parcel.<br /> <br /> ===236.7.1.13 Pre-Negotiation Preparation===<br /> <br /> The accumulation of materials and information necessary to conduct and complete negotiations for the orderly and efficient acquisition of the proposed property and property rights is the logical first step in negotiation. At a minimum, the negotiator should be supplied with the following information:<br /> <br /> :*Title reports of all recorded interests<br /> :*Documents necessary to acquire all interests<br /> :*Right of way plans<br /> :*Appraisal reports<br /> :*Offer letter<br /> <br /> In order to make an informed explanation of the proposed acquisition to an owner, the negotiator should make a comprehensive study of the plans, title report, documents and appraisal report. The negotiator should also know what documents will be required for closing depending on ownership and value of the property. The checklist of items (provided in the links following), include those required documents, depends on whether [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator%20Packet%20Table%20of%20Contents%20-%20Closing%20with%20MoDOT.doc MoDOT] or a [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator%20Packet%20Table%20of%20Contents%20-%20Closing%20with%20Title%20Company.doc title company] will be conducting the closing.<br /> <br /> The following information must be entered in the Parcel Acquisition screen in RWPA for each parcel being acquired: Parcel Number, Classification, Status and any Fee Holder and Tenants.<br /> <br /> ===236.7.1.14 Delivery of Payments===<br /> <br /> '''Owners and Tenants'''<br /> <br /> At the discretion of the district right of way manager any full-time right of way employee may deliver payment checks for acquisition of property interests.<br /> <br /> Upon personal delivery of each check the responsible right of way employee is to obtain the signature of the recipient acknowledging receipt of the payment.<br /> <br /> Payments mailed to owners shall be by certified mail with return receipt requested. A [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Check%20to%20Owner%20Form%207.1.17.docx sample letter] (Form 7-1.17A) is available for sending checks to owners/tenants.<br /> <br /> The Mailed Check Letter and Receipt of Check must be entered in eProjects under the applicable project and parcel.<br /> <br /> The following information must be entered in the Parcel Acquisition screen in RWPA for each parcel being acquired: Physical Possession Obtained and Legal Possession obtained.<br /> <br /> '''Escrow Agents'''<br /> <br /> Payments to escrow agents may be delivered by any person or by certified mail with return receipt requested. Submission of payments to escrow agents shall be [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Checks%20to%20Escrow%20Agent%20Form%207.1.17.B.docx by letter] (Form 7-1.17B). Owners are to be notified in writing of the date their payment is delivered to escrow agent.<br /> <br /> '''Release of Funds in Escrow'''<br /> <br /> To release funds retained in escrow for removal of improvements, etc., the escrow agent shall be notified by [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Release%20Funds%20Held%20in%20Escrow%20Form%207.1.17.docx written notice] (Form 7-2.17C) with a copy mailed to owner involved. Escrow agents shall furnish proof of disbursement of all funds for parcel files.<br /> <br /> ===236.7.1.15 Recording of Documents===<br /> <br /> All documents conveying land, easements, realty rights, mortgage releases and restrictive easements to the Commission, regardless of the consideration recited therein, shall be recorded in the appropriate recorder of deeds office and uploaded in eProjects under the applicable project and parcel. <br /> <br /> The following data fields must be entered in RWPA on the Deeds screen, including when the acquisitions are donated: Fee Holder Deed Signed (date), Deed Recorded (date), Book Recorded No., Page Recorded No., Document No.(whichever are applicable), check the free deed box if the parcel was donated. Area acquired: provide the amount of acres/square feet acquired in each category: permanent right of way, temporary easement, permanent easement, utility easement and unity of measure.<br /> <br /> It is not required to record disclaimers, rights of entry, releases of outdoor advertising rights and signs acquired, releases for LP tanks, or other documents that do not convey an interest in land being acquired. If tenants have a recorded lease, it may be necessary to record any of the above documents that may impact lease provisions.<br /> <br /> Special agreements prepared by the Chief Counsel that convey, alter or qualify property rights between the parties will be recorded unless otherwise indicated by the Chief Counsel's office.<br /> <br /> ==236.7.2 Guidelines and Procedures==<br /> <br /> ===236.7.2.1 Purpose===<br /> <br /> This information establishes guidelines and procedures related to the acquisition function in negotiations for land, property and rights needed for the proper and economical construction and maintenance of state highways. The intent and purpose is to assure uniform acquisition practices, which will provide consistent and equitable treatment for owners and tenants of real property acquired.<br /> <br /> ===236.7.2.2 General Procedure===<br /> <br /> All negotiations shall be expeditious and result in the property owner receiving just compensation; the settlement being just and fair to the owner and the public; every courtesy, consideration and patience being extended to the property owner; and create trust in the Missouri Department of Transportation Department and its employees.<br /> <br /> All offers shall represent the approved amount of Just Compensation as determined through the department's valuation procedures. The negotiator shall make a reasonable effort to demonstrate and promote confidence in the Approved Just Compensation offer.<br /> <br /> If the negotiator discovers facts, which were not recognized in the Just Compensation, the information shall be made available to the district right of way manager. Full consideration to and evaluation of these items will be made prior to continuation of negotiations.<br /> <br /> Negotiators must demonstrate that they represent the interests of the property owner as well as those of the public. Care should be exercised at all times to protect the interests of owners who may be unfamiliar or inexperienced in real estate transactions.<br /> <br /> Negotiators are required to maintain a written Record of Negotiations, documenting that all elements of the transaction were given adequate consideration and that there was a mutual understanding between the negotiator and the property owner.<br /> <br /> ===236.7.2.3 Prompt Offer of Just Compensation===<br /> <br /> All offers of Approved Just Compensation shall be promptly presented to property owners or their designated representatives. A minimum offer of $500 shall be made to a property owner when the appraised value is determined to be less than $500. It may be appropriate to reduce the minimum offer under certain circumstances with the approval of the Assistant to State Design Engineer – Right of Way. If approved, a reduced minimum offer will apply to the entire project. District management should determine the appropriate timing for delivery of offers within the scope of good negotiating practices. An offer letter must be presented to the owner at least 30 days prior to filing a condemnation petition, as further described in [[236.10 Right Of Way Condemnation|EPG 236.10]].<br /> <br /> ===236.7.2.4 Offer Letter and Supporting Documentation===<br /> <br /> Use [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Owner%20Form7.2.5.A.docx Form 7.2.5A], [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Form7.2.5.B.1.docx 7.2.5B(1)], or [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Owner%20No%20Declaimer%20Form%207.2.5.B.2.docx 7.2.5B(2)]. Delete unused phrases and instructions. Use the date the offer letter is delivered or mailed to the owner.<br /> <br /> '''A. Delivery of Offer Letter'''<br /> <br /> Offer Letters must be hand delivered or sent by certified mail. A cover letter providing an explanation of the proposed acquisition and the supporting documents described in EPG 236.7.2.4C should be included if the offer is delivered by mail. If an offer must be made by phone, it must be followed with an offer letter and all required attachments sent by certified mail.<br /> <br /> When an owner has authorized a designated representative and so notified MoDOT in writing, or there is a court-appointed representative, the Offer Letter need only by delivered to the representative.<br /> <br /> '''B. Initiations of Negotiations'''<br /> <br /> Delivery of an Offer Letter establishes the Initiation of Negotiation date for a parcel. Initiation of negotiations is established by the delivery of an offer letter to one owner of a multiple ownership, but all owners are to be furnished all relevant offer items described in EPG 236.7.2.4C.<br /> <br /> '''C. Supporting Documents'''<br /> <br /> Upon initiation of negotiations for the acquisition of property or property rights from a property, each owner or representative will be provided with the following:<br /> <br /> :*Offer letter<br /> :*Appraisal or waiver valuation<br /> :*[http://eprojects/Templates/RW/Chapter%207_Negotiation/Pathways%20for%20Progress%20brochure.pdf Pathways for Progress brochure]<br /> :*Conveyance documents<br /> :*Blank Escrow Agreement, if applicable<br /> :*Pro Rata Real Estate Tax Claim form<br /> :*Plan sheet, portion of plan sheet or plat illustrating the acquisition and the remainder<br /> :*When applicable and appropriate, provide [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20Allocation%20Gross%20Proceeds%20Form%207.7.3.pdf Request for Allocation of Gross Proceeds], (Form 7-7.3).<br /> :*MoDOT Public Participation Survey (Title VI Survey).<br /> <br /> When the MoDOT Public Participation Survey (Title VI Survey) is returned, the information provided should be entered in the Parcel Acquisition screen in RWPA under the applicable project and parcel.<br /> <br /> '''D. Donation'''<br /> <br /> An offer letter is not required when requesting donated property and property rights. Refer to [[#236.7.2.11 Donation of Real Property|EPG 236.7.2.11 Donation of Real Property]].<br /> <br /> ===236.7.2.5 Offer Letter Formats===<br /> <br /> '''A. Fee Owners'''<br /> <br /> Applicable portions of the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Owner%20Form7.2.5.A.docx Offer Letter - Fee Owner] (Form 7.2.5A), along with the appraisal or waiver valuation, are to be delivered to the fee owner or a designated representative.<br /> <br /> '''B. Tenant Owners'''<br /> <br /> :1. Offer Letter - Fee Interest Acquired or Disclaimed<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Form7.2.5.B.1.docx Offer Letter-Tenant Owner] (Form 7.2.5B(1)) is to be used for offers to owners of tenant-owned improvements when the owners of the land have conveyed their interest, or when the landowners have disclaimed all interest in the tenant-owned improvements.<br /> <br /> :2. Offer Letter - Fee Interest '''Not''' Acquired or Disclaimed<br /> <br /> :When the land owners have not conveyed or disclaimed their interests in the tenant-owned improvements, the offer to tenant-owners will be made by use of a letter designated as [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Owner%20No%20Declaimer%20Form%207.2.5.B.2.docx Offer Letter - Tenant Owner No Disclaimer], (Form 7.2.5B(2)) with a [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Disclaimer%20of%20Interest%20in%20Tenant%20Owner%20Form%207.2.5C.docx Disclaimer] (Form 7.2.5C) attached.<br /> <br /> :The tenant offer will be conditioned upon the tenant obtaining execution of the necessary disclaimers. Completion of the transaction including Release of Structures and Leasehold, (CCO RW15) (Form RW15 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) and payment shall not be made unless the landowners convey their interest by deed or provide a disclaimer.<br /> <br /> '''C. Disclaimer by Owner in Tenant Owned Improvements'''<br /> <br /> When a separate amount of just compensation is approved for an improvement owned by a party other than the owner of the land, payment for such improvement shall not be made unless the owner of the land disclaims all interest in the tenant-owned improvement. The fee owner may disclaim interest in such improvement by execution of either a deed of conveyance of right, title and interest or a [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Disclaimer%20of%20Interest%20in%20Tenant%20Owner%20Form%207.2.5C.docx Disclaimer] (Form 7.2.5(C)).<br /> <br /> When the fee owner does not execute a deed or a disclaimer, the offer of just compensation for the improvement and the disclaimer will be presented to the tenant owner with the condition that settlement will be made provided that the tenant is successful in obtaining execution of the necessary disclaimers.<br /> <br /> '''D. Combined Fee-Owner and Tenant-Owner Offer Letter for Condemnation Purposes'''<br /> <br /> Immediately prior to condemnation proceedings for a parcel where tenant-owned structures are involved, a letter designated [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20prior%20Cond%20Form%207.2.5.D.docx Offer Letter - Combined Fee and Tenant Owners], (Form 7.2.5D), is to be presented to all fee owners of record or their designated representative with a copy of the letter to all tenant owners.<br /> <br /> This offer will be the total of the amounts of just compensation approved for fee and tenant owners. The brochure, deed and valuation document are not required with this letter.<br /> <br /> '''E. Revised Offers'''<br /> <br /> When the approved just compensation has been presented to the owner and it is revised through the appraisal process, it is necessary to provide such owners with an offer letter reflecting the revised figure and reason for the revision.<br /> <br /> :'''1'''. Fee Owners<br /> <br /> :The first paragraph of [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Owner%20Form7.2.5.A.docx Offer Letter - Fee Owner] (Form 7.2.5A) will be omitted and replaced with the<br /> following paragraph for revised offers.<br /> <br /> ::&quot;In a previous letter you were offered the sum of $____________ for certain real property and rights needed for improvement of the above highway project. It is necessary to revise that offer previously made to you because ____________.&quot;<br /> <br /> :Use the remaining paragraphs from the original letter, and the following, if appropriate. “Also attached is a revised valuation document”.<br /> <br /> :'''2'''. Tenant Owners<br /> <br /> :The first paragraph of Offer Letter - Tenant Owner, Forms [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Form7.2.5.B.1.docx 7.2.5B(1)] and [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Owner%20No%20Declaimer%20Form%207.2.5.B.2.docx 7.2.5B(2)], will be omitted and replaced with the following paragraph for revised offers.<br /> <br /> ::&quot;In a previous letter you were offered the sum of $____________ for certain structures located on property needed for improvement of the above highway project. It is necessary to revise that offer previously made to you because _____________________.&quot;<br /> <br /> :Use the remaining paragraphs from the original letter, and the following, if appropriate.<br /> <br /> '''F. Rescinded Offers'''<br /> <br /> In certain situations, it may be necessary to rescind an offer due to a plan change, delay in funding, etc., that eliminates the need to acquire any property and property rights. When this occurs, a written notice rescinding the offer shall be sent to the property owner by certified mail. The notice should include the reason an acquisition from the property is no longer needed.<br /> <br /> ===236.7.2.6 Improvements Acquired or Damaged===<br /> <br /> '''A. Interest in Improvements Acquired'''<br /> <br /> An equal interest shall be acquired in all buildings, structures or other improvements determined to be a part of the real property when such improvements are to be removed from the land acquired.<br /> <br /> '''B. Improvements Located Partially Within the Acquisition Area'''<br /> <br /> Improvements located partially within the acquisition area that are designated for removal as indicated by temporary easements shall be totally removed, unless the owner retains the improvement and cuts it at the new boundary line.<br /> <br /> The decision to allow an owner to retain and cut an improvement at the new boundary line, must be made during negotiations. In making this decision the owner is to understand that the Department will have to reevaluate its offer through the appraisal process. If a revised offer is unacceptable to the owner, the original offer and plan for total removal of the improvement will apply and if necessary condemned as originally designed.<br /> <br /> '''C. Fee-Owned Improvements'''<br /> <br /> Owners will be compensated for any loss in fair market value of improvements that are not required to be removed but are adversely affected as a result of the acquisition, as determined by appraisal.<br /> <br /> '''D. Tenant-Owned Improvements'''<br /> <br /> Tenant-owned improvements will be acquired by Release of Structures and Leasehold, (Form 7-2.7D (CCO RW15)). (Form RW15 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> :'''1'''. Improvements Acquired or Damaged - Release of Structures and Leasehold<br /> <br /> :Tenants who have the right or obligation to remove real property improvements that contribute to the real estate value, as determined in the appraisal process, have a compensable interest in those improvements. Compensation may include one or more of the following:<br /> <br /> ::*The contributory fair market value for the improvement being acquired, or the value for removal purposes which ever is greater<br /> ::*Damages the improvement suffers as a result of the acquisition<br /> ::*The value of any leasehold interest<br /> <br /> :'''2'''. No Payment to Tenant Before Fee Interest Acquired or Disclaimed<br /> <br /> :No payment shall be made to a tenant for an improvement unless the landowner involved conveys or disclaims all interest in the improvement.<br /> <br /> :'''3'''. Condemnation of Tenant-owned Improvements<br /> <br /> :Eminent Domain Law provides the same rights and protections to tenants and fee owners. Any tenant has the right to reject payment for improvements as outlined above and obtain payment for such property interests through eminent domain proceedings applicable to Missouri law. In these situations it will be necessary to condemn all interest in the property including the fee owner.<br /> &lt;div id=&quot;E. Acquisition of Outdoor Advertising Billboards&quot;&gt;&lt;/div&gt;<br /> <br /> '''E. Acquisition of Outdoor Advertising Billboards'''<br /> <br /> Outdoor advertising structures are defined as all signs, billboards, drawings or paintings which advertise activities conducted elsewhere or services and/or products provided other than at the subject property. They should not be confused with on-premise signs, which advertise activities conducted on the premises or services and/or products provided on the property.<br /> <br /> It has been determined that owners of outdoor advertising signs have the right or obligation to remove such structures at the termination of the lease or agreement. Therefore, such structures are generally acquired like other tenant-owned improvements, as addressed above, with the following exceptions.<br /> <br /> :'''1'''. Outdoor Advertising Structures Considered Real Estate<br /> <br /> :All outdoor advertising structures shall be valued as real estate and an offer made for just compensation. In the event a sign is categorized as Conforming out of Standard by the Outdoor Advertising staff, the right of way staff will follow the Sign Agreement Reset Program procedures.<br /> <br /> :'''2'''. Salvage of Outdoor Advertising Billboards<br /> <br /> :Retention and salvage of outdoor advertising structures is permitted, provided the offer is reduced by the salvage value established in the valuation process. The salvage value may be waived or reducted during negotiations to reach an administrative settlement.<br /> <br /> :As a means to facilitate negotiations, district right of way may agree to leave the sign in place for a specified period of time by use of an Extension of Possession Agreement (CCO RW12). The agreement must state a maximum time period for the sign to be left in place, and a physical possession date must be agreed to by the parties. The physical possession date shall be specific, and not merely include phrases like, “until construction of the project,” “until needed for construction,” etc. For more information on removal procedures, refer to [https://epg.modot.org/index.php?title=236.5_Property_Management#236.5.26_Acquired_Improvements EPG 236.5.26].<br /> <br /> :Outdoor advertising structures located partially within the acquisition area shall be totally removed unless the owner of the sign retains the structure and modifies it to completely avoid Commission owned property. Contact your local outdoor advertising permit specialist for specific requirements related to modifying existing outdoor advertising structures. See [[236.16 Outdoor Advertising|EPG 236.16]] for additional information pertaining to outdoor advertising.<br /> <br /> The Outdoor Advertising Profile Report, which is generated by the outdoor advertising permit specialist, shall be completed by district right of way and returned to the outdoor advertising permit specialist once the acquisition of the billboard is complete.<br /> <br /> '''Sign Agreement Reset Program – Partial Waiver and Reset Agreement'''<br /> <br /> Legislation from 2012, HB1402, allows sign owners who meet the conforming out of standard sign criteria the option to accept just compensation or waive a portion of their right to just compensation and reset a qualifying sign. Sign owners that choose to accept just compensation are eligible to salvage the sign, however the sign permit will be cancelled by the Outdoor Advertising Specialist.<br /> <br /> Conforming out of standard signs are categorized as signs that fail to meet the current statutory and administrative rule requirements but comply with the terms of the federal state agreement and meet the statutory requirements of 1999. (See [[236.16 Outdoor Advertising#236.16.7.3 Conforming Out of Standard|EPG 236.16.7.3 Conforming Out of Standard]].)<br /> <br /> Displaced signs will be reviewed by outdoor advertising staff to determine the sign qualifications. If the qualifying sign meets the reset requirements as determined by the Outdoor Advertising Profile Report (refer to [[236.16 Outdoor Advertising#236.16.19 Sign Structures Affected by Highway Projects|EPG 236.16.19 Sign Structures Affected by Highway Projects]]), Right of Way staff will offer just compensation to the sign owner for the purchase of the sign. The sign owner will also be offered the sign reset option that allows them to move the sign elsewhere within the same property or on an adjoining property. It is the sign owners choice to accept either just compensation or the reset option.<br /> <br /> Guidelines for the Conforming Out of Standard Sign Acquisition:<br /> <br /> * Right of Way staff will notify outdoor advertising staff of an affected sign. Affected sign includes billboards located within the project limits.<br /> <br /> * Outdoor Advertising staff will complete the Outdoor Advertising Profile Report (EPG 236.16.19) to determine qualification of the affected sign and provide a copy to the Right of Way Manager.<br /> <br /> * If the sign is classified as Conforming Out of Standard, the right of way staff will provide the sign owner the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Written%20Notice%20of%20the%20Intended%20Acq%20of%20ODA%20Form%20236.7.2.6.docx Written Notice of the Intended Acquisition for Outdoor Advertising (Form 236.7.2.6)].<br /> <br /> * Right of Way staff will appraise the affected sign for just compensation and appraise the [[236.6 Appraisal and Appraisal Review#Reset Option|reset option compensation]] as described in the appraisal guidance. <br /> <br /> * Right of Way staff will obtain the disclaimer from the property owner. (Refer to [[#236.7.2.5 Offer Letter Formats|EPG 236.7.2.5 Offer Letter Formats]].)<br /> <br /> * Right of Way staff will prepare the offer letter for just compensation.<br /> <br /> * Right of Way staff will prepare the Partial Waiver and Reset Agreement with the assistance from the Outdoor Advertising Specialist and provide the Outdoor Advertising Specialist a copy. The reset compensation is a solitary payment and will not be supplemented by any other payment type.<br /> <br /> * The Right of Way staff will present the offer letter and explain the reset option to the sign owner who will choose their preferred option of compensation. It may be beneficial for the Outdoor Advertising Specialist to accompany the right of way staff at this meeting.<br /> <br /> * If the sign owner chooses the reset option, the sign owner will obtain the necessary support documents outlined within the Partial Waiver and Reset Agreement, execute the Agreement, and return it to the Right of Way Specialist. The Right of Way Specialist will provide a copy of the Agreement to the Outdoor Advertising Specialist who will amend the sign permit.<br /> <br /> * The Right of Way Specialist will process the payment outlined within the Partial Waiver and Reset Agreement and retain a portion of the reset payment within an escrow account. The retained portion should equal the cost of the sign removal in the event the sign owner does not remove the existing sign.<br /> <br /> * The Outdoor Advertising Specialist will conduct a final inspection to determine if the sign has been removed from the construction limits within the allotted time frame. (Refer to [[236.16 Outdoor Advertising#236.16.19 Sign Structures Affected by Highway Projects|EPG 236.16.19 Sign Structures Affected by Highway Projects]].)<br /> <br /> * The Outdoor Advertising Specialist will notify Right of Way that the sign has been removed from the construction limits. Right of Way will notify the Escrow Agent to release the funds in escrow to the sign owner.<br /> <br /> If the sign owner does not remove the sign from the project limits, Right of Way will notify the Project Manager to include the demolition in the construction contract.<br /> <br /> In the event the sign owner refuses just compensation and the reset option, the sign will be condemned as outlined in [[236.10 Right Of Way Condemnation#236.10.1 Introduction|EPG 236.10.1 Introduction]].<br /> <br /> '''F. On-premise Signs'''<br /> <br /> On-premise signs are those that advertise activities conducted on the premises or services and/or products provided on the property. All on-premise signs, including trademark and logo signs, shall be treated as personal property under the Relocation Assistance Program. The only exception would involve a situation in which the subject business facility is being acquired or there is insufficient remaining land on which to relocate the sign. Only these circumstances would necessitate that a sign be valued and acquired as real estate.<br /> <br /> '''G. Existing Private Utility Easements'''<br /> <br /> On projects where an existing utility is located on a private easement, and the limits of the new land acquired for the project will encompass the existing private utility easement, the district shall secure said easement rights by quitclaim deed (CCO RW2). The district utility engineer will work directly with the utility owners to obtain said quitclaim deeds. For information related to how to prepare the description to be included in the quitclaim deed, see [https://epg.modot.org/index.php?title=236.4_Description_Writing_and_Titles#236.4.6.6_Preparing_Quitclaim_Deeds_for_Execution_by_Utility_Companies_.28See_EPG_236.7.29 EPG 236.4.6.6].<br /> <br /> '''H. Acquisition of Mobile Homes'''<br /> <br /> Mobile home acquisitions must be accompanied by a Certificate of Title from the seller or, if originally purchased prior to August 28, 1989, and assessed as real estate, a statement from the County Assessor attesting to this fact, along with a notarized descriptive bill of sale from the seller.<br /> <br /> The Certificate of Title or statements must be submitted to the Department of Revenue within 30 days for transfer of title to the MHTC. There will be a penalty fee if renewal is more than 30 days after acquisition. For additional information, refer to [[236.6 Appraisal and Appraisal Review#Manufactured Homes|EPG 236.6.3.1.19.D.9]] and RSMo. 700.<br /> <br /> ===236.7.2.7 Valuation by a Negotiator – Separation of Functions===<br /> <br /> For acquisitions where Just Compensation was determined by a Value Finding or Standard appraisal format, the valuation and approval of Just Compensation must be prepared by an individual other than the individual that will present the offer letter and negotiate for the acquisition. On a simple valuation/acquisition situation, in which the valuation will be by waiver valuation, the same individual may estimate the Just Compensation and negotiate the acquisition. If the same individual performs both functions, the appraiser/negotiator must do the following:<br /> <br /> :*contact the owner<br /> :*deliver or mail the Pathways for Progress brochure<br /> :*advise the owner that the property will be inspected (invitation to accompany inspection is not required on waiver valuations)<br /> :*prepare a waiver valuation<br /> :*secure co-signature of the waiver valuation<br /> :*prepare an offer letter based on the waiver valuation<br /> :*deliver the offer letter to the owner, with all the supporting documents set out earlier in this section.<br /> <br /> ===236.7.2.8 Negotiation Contacts===<br /> <br /> '''A. Personal Contact'''<br /> <br /> Every reasonable effort shall be made to personally contact owners of real property or a designated representative who resides within the state. The negotiator shall explain the proposed acquisition and provide the owner or representative with those documents identified earlier in this section.<br /> <br /> '''B. In-State Owner Resides in Another MoDOT District'''<br /> <br /> If a property owner resides within the state, but outside the district where the property is located, and it is not practical for a local negotiator to make a personal contact, the owner may be contacted in person by a negotiator from another district. Requests to other districts for such assistance shall include all necessary documents and information essential to the negotiation assignment.<br /> <br /> When a personal contact is not practical, the owner may be contacted by certified mail, return receipt requested.<br /> <br /> '''C. Out-of-State Owner'''<br /> <br /> An out-of-state owner may be personally contacted, if practical, or contacted by telephone and certified mail, return receipt requested. When an owner is contacted by mail, provide the required written information identified earlier in this section, and an explanation of the proposed acquisition.<br /> <br /> ===236.7.2.9 Negotiation Procedures===<br /> <br /> The following is a general guide as to the number and content of negotiation contacts. Normally three contacts are needed to assure the owner’s understanding and confidence.<br /> <br /> During the first contact the negotiator is to:<br /> <br /> :*Provide brochure, [http://eprojects/Templates/RW/Chapter%207_Negotiation/Pathways%20for%20Progress%20brochure.pdf Pathways for Progress]<br /> :*Review title information<br /> :*Explain the right of way plans and provide plan sheet, portion of plan sheet, or plat illustrating the acquisition and the remainder<br /> :*Explain the acquisition procedures and provide blank Escrow Agreement, (Form 7-4.2 (CCO RW8)) if applicable<br /> :*Explain Proration of Taxes and provide [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20Owners%20section.pdf Prorata Real Estate Tax Claim, Owner's Section], (Form 7-2.22C)<br /> :*Provide the written Offer Letter<br /> :*Provide the appraisal or waiver valuation<br /> :*Provide conveyance documents<br /> :*Provide or agree to obtain answers to the owner’s questions<br /> :*Provide a [https://oa.mo.gov/sites/default/files/vendor_input_ach_eftd.pdf Vendor Input Form MO 300-1489] for completion.<br /> <br /> During the second contact the negotiator should review the items discussed during the first contact. The negotiator should give special attention to making sure the property owner understands the plans and the effect on the remaining property. Any additional questions the owner has should be answered.<br /> <br /> During the third contact the negotiator should attempt to get the owner to accept or reject the offer. If the owner fails to accept or reject the offer, or does reject the offer, the mediation and condemnation process are to be explained. The owner is to be advised that negotiations can continue until such time as the condemnation commissioners' report is filed.<br /> <br /> Obtain a taxpayer identification number (TIN) using a [https://oa.mo.gov/sites/default/files/vendor_input_ach_eftd.pdf Vendor Input Form MO 300-1489] as shown in [[236.7 Negotiation#236.7.7 1099 Reporting of Acquisitions|EPG 236.7.7]]. If a husband and wife own the property, either one can provide their TIN. Partnerships and trusts should have their own TIN that should be used for reporting real estate transactions. If there is more than one owner, other than a husband and wife, partnership or trust, each owner that is expected to receive an allocation of the proceeds shall be given a form on which to provide their TIN.<br /> <br /> During negotiations, the negotiator’s objective is to promote understanding of the design and reasonableness of the offer. If the owner disagrees with the offer, the negotiator should attempt to determine the reasoning of the owner’s opinion of value or their objections to design considerations. The owner’s opinion of value, reasoning, counteroffers and objections are to be documented in the negotiator’s report and discussed with the chief negotiator or district right of way manager. If the negotiator is unable to acquire the property for the approved offer, an administrative settlement may be considered as described in [[236.7 Negotiation#236.7.3 Administrative and Legal Settlements|EPG 236.7.3]].<br /> <br /> If at any stage of negotiations it is determined that a design change is appropriate and can facilitate successful negotiations, the district right of way manager and project manager will be consulted on the proposed change, and a decision made. The property owner is to be advised accordingly.<br /> <br /> '''A. Time to Consider Offer'''<br /> <br /> The property owner shall be allowed a reasonable period of time to consider the offer of just compensation and the opportunity to obtain professional advice or assistance if so desired.<br /> <br /> ===236.7.2.10 Uneconomic Remnants and Future Excess Property===<br /> <br /> '''A. Definition of Uneconomic Remnant'''<br /> <br /> &quot;A parcel of real property in which the owner is left with an interest after the partial acquisition of the owner's property, and in which the acquiring agency has determined has little or no value or utility to the owner.&quot; ([https://www.law.cornell.edu/cfr/text/49/24.2 49 CFR 24.2 (w)], 10/1/93)<br /> <br /> '''B. Offer to Purchase Uneconomic Remnants'''<br /> <br /> An offer to purchase each uneconomic remnant shall be made to the owner simultaneously with the offer of just compensation for the acquisition of the needed realty and realty rights. Situations revealed during negotiations or administrative decisions to consider all or part of remainders as uneconomic remnants, may necessitate a revised offer reflecting the value of the uneconomic remnant.<br /> <br /> Multiple uneconomic remnants shall be individually identified and individual values set out in the offer letter.<br /> <br /> The Commission will not condemn for the acquisition of an uneconomic remnant.<br /> <br /> The following data fields must be entered in the Remnants Screen in RWPA under the applicable project and parcel: Remnant Number, Status, Physical Possession Obtained, Payroll Amount, Payroll Date, Deed Signed Deed Recorded, Area Acquired, and Unit of Measure. <br /> <br /> '''C. Outright Sale of Uneconomic Remnants'''<br /> <br /> The district is authorized to sell any uneconomic remnant not exchanged during negotiations as described in [[236.5 Property Management#236.5.12 Excess Land Conveyances &amp; Relinquishments – Regulated Utilities|EPG 236.5.12 Excess Land Conveyances &amp; Relinquishments – Regulated Utilities]].<br /> <br /> '''D. Definition of Future Excess Property'''<br /> <br /> Any area of existing property that is to be conveyed to adjacent property owners as established in the [[236.14 Change in Route Status Report|change in route status documents]] for the project.<br /> <br /> '''E. Exchange of Remnants or Future Excess Property for New Property'''<br /> <br /> The district is authorized to exchange uneconomic remnants, or future excess property for real property or rights acquired when the exchange is for equal value based on the purchase price of the remnant or appraised value of the future excess, and the remnant or excess adjoins the owner's remaining property. Such an exchange is to be handled like an Administrative Settlement, under the approval of the district right of way manager.<br /> <br /> When remnants or future excess property are exchanged for new property, the amount of just compensation to the owner shall be reduced by the value of the remnant or excess and the warranty deed from the owner shall recite the reduced monetary amount, along with the phrase, &quot;and exchange for other land&quot;.<br /> <br /> Since the future excess property will still be needed until the project is complete, the following paragraph will be included in all quitclaim deeds conveying the future excess to the abutting property owner:<br /> <br /> :&quot;The Missouri Highways and Transportation Commission retains full, free, and uninterrupted use and possession of the land herein conveyed until completion of construction and acceptance of the project for the construction of relocated _____________________ by the Commission’s District Engineer.&quot;<br /> <br /> When this paragraph is included in the quitclaim deed a cloud is placed on the title. To remove this cloud, the district, upon request of the owner, can provide an affidavit as to completion and acceptance of the project.<br /> <br /> Remnants or excess property exchanged for new property will be conveyed by quitclaim deed for the consideration of &quot;One Dollar and Exchange for Other Land.&quot; Should the owner refuse to accept a quitclaim deed, contact the Right of Way Section for authorization to use a warranty deed where the Commission owns fee title to the property being exchanged.<br /> <br /> All conveyances of remnants or future excess property by the Commission shall provide for utilities as described in [[236.5 Property Management#236.5.12 Excess Land Conveyances &amp; Relinquishments – Regulated Utilities|EPG 236.5.12 Excess Land Conveyances &amp; Relinquishments – Regulated Utilities]].<br /> <br /> ===236.7.2.11 Donation of Real Property===<br /> <br /> In some instances property owners affected by small, uncomplicated acquisitions of realty and/or realty rights may be willing to donate the property that is needed for the project, especially when the project improvements provide a benefit to the property and community.<br /> <br /> The Missouri Highways and Transportation Commission will accept a donation of property. An appraisal and offer letter are not required when property is being donated, however, some documentation is necessary.<br /> <br /> '''A. Coercion to Donate'''<br /> <br /> It would be inappropriate for an acquiring agency during negotiations to inform the property owner that the needed realty and/or realty rights would have to be donated in order for the roadway project to be completed. The only acceptable circumstance would involve a project that would be terminated unless all owners agreed to donate.<br /> <br /> '''B. Donation/Waiver of Appraisal Letter'''<br /> <br /> Prior to acceptance of such donation, the negotiator must inform the owner of the right to receive just compensation for the property. The negotiator must obtain a signed [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Donation%20Letter%20waiver%20of%20Appraisal%20Form%207.2.12.docx Donation/Waiver Letter], (Form 7-2.12), which acknowledges the owner’s right to receive just compensation as determined by an appraisal. Should the owner refuse to sign the statement yet still wants to donate the property, the [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator's Report] shall be fully documented as to the owner being advised of their rights and any reason for refusing to sign the letter.<br /> <br /> '''C. Donation of Temporary Easement Without Waiver Letter'''<br /> <br /> When temporary easements cause no compensable damage to the adjacent property, a donation can be obtained without advising the owner of the right to just compensation. In such situations the plans should be explained to the owner and a request made for the donation. In this case, the executed easement document is all that is necessary. A Donation/Waiver Letter is not required. However, the file shall be documented regarding the determination that the acquisition of the temporary easement causes no compensable damage to the adjacent property.<br /> <br /> '''D. Waiver of Releases on Donated Property'''<br /> <br /> When non-complex property or property rights are donated, the district right of way manager may waive acquisition of additional property interests (like partial mortgage releases, easement owners, tenant interests, etc.), but a memo outlining the waiver to acquire additional property interests should be included in the file.<br /> <br /> '''E. Donations by Government Agencies'''<br /> <br /> Donations by government agencies do not require the use of a Donation/Waiver Letter. For acquisition from government agencies, see [[236.7 Negotiation#236.7.5 Railroad, State and Federal Acquisitions|EPG 236.7.5]].<br /> <br /> ===236.7.2.12 Negotiator’s Report and Contact Log===<br /> <br /> A [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator’s Report], (Form 7-2.13), shall be completed with attachments and signed by the negotiator upon termination of or completion of negotiations for each parcel. A log of all contacts with the owner or representative shall be completed and attached to the Negotiator’s Report. The information for each contact should include the date and place of each contact, parties contacted, offers made, counteroffers, issues raised by the owner, reasons settlement could not be reached, and any other pertinent data. Each contact entry shall include the name or initials of the person who prepared the entry.<br /> <br /> When negotiations are unsuccessful, and the negotiator considers further attempts to negotiate to be futile, recommendations for action should be recorded.<br /> <br /> The negotiator’s report must be uploaded to eProjects under the applicable project and parcel.<br /> <br /> ===236.7.2.13 Payment Prior to Possession===<br /> <br /> No owner will be required to surrender possession of real property acquired for highway purposes prior to payment of the agreed purchase price or payment of the Commissioners' Award into court for property acquired by condemnation proceedings.<br /> <br /> ===236.7.2.14 Title Update Prior to Payment===<br /> <br /> Prior to payment to an owner for property and/or property rights, the public records must be searched to determine that no transactions have occurred on the property being acquired subsequent to the latest title search. This must be done on each parcel except when a title insurance company or abstractor is employed by written agreement to act as escrow agent to make distribution of funds. When a bank or other parties act as escrow agents, the title update shall be made prior to delivery of checks to such escrow agents.<br /> <br /> ===236.7.2.15 Possession and Vacancy Notices===<br /> <br /> Owner and tenant occupants of buildings acquired for highway purposes shall not be required to move from a dwelling or to move a business, nonprofit organization or farm operation without at least 90 days' written notice of the date by which such move is required.<br /> <br /> Possession policies and procedures for sending notices to vacate are contained in [[236.8 Relocation Assistance Program#236.8.14 Relocation Assistance Program - Possession Policies and Vacancy Notices|EPG 236.8.14 Relocation Assistance Program - Possession Policies and Vacancy Notices]].<br /> <br /> ===236.7.2.16 Extension of Possession and Fair Rental Value===<br /> <br /> When the proposed letting schedule permits, an owner or tenant may be authorized an extension of possession based on a monthly rental rate, as described in [[236.5 Property Management#236.5.26 Acquired Improvements|EPG 236.5.26 Acquired Improvements]]. An Extension of Possession Agreement, (Form 5-6.4 (CCO RW12)), (Form RW12 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) shall be used when the original occupant is allowed to extend possession up to one year. If it is necessary to extend possession beyond the one year time period, the Extension of Possession Agreement shall be canceled and replaced with a Lease of Premises Agreement, (Form 5-5.5 (CCO RW14)). (Form RW14 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].) An extension of possession that is expected to last beyond one year is to be written on a Lease of Premises Agreement rather than an Extension of Possession Agreement.<br /> <br /> When an owner or tenant is granted an extension of possession, a monthly rental rate shall be established and should be collected in advance for each monthly period of extension. The rental value for owner-occupied and tenant-occupied property will be determined by the method established in [[236.5 Property Management#236.5.26 Acquired Improvements|EPG 236.5.26 Acquired Improvements]].<br /> <br /> ===236.7.2.17 Coercion===<br /> <br /> The Uniform Act forbids an acquiring agency from taking any coercive action in order to compel owners to agree on a price for their property. All negotiations shall be conducted in such a manner as to avoid coercing owners to reach agreement. Condemnation shall not be used as a threat. The property owners shall be given a reasonable amount of time to consider the offer and to obtain professional advice or assistance if they so desire. The agency shall not advance the time of condemnation, or defer negotiations or condemnation or the deposit of funds with the court, in order to induce an agreement on the compensation to be paid for the property.<br /> <br /> ===236.7.2.18 Non-Discrimination===<br /> <br /> The real estate acquisition function shall be conducted in such a way and manner as to assure that no person shall on the ground of race, color, religion, creed, national origin, sex, age, ancestry, or physical ability be denied the benefits to which the person is entitled or be otherwise subjected to discrimination.<br /> <br /> ===236.7.2.19 Acquisition by Mediation===<br /> <br /> Mediation is an option offered by MoDOT that can be described as a process in which a neutral and impartial third party assists parties in disagreement to negotiate an acceptable settlement. Complete policies and procedures regarding mediation are described in [[236.11 Mediation|EPG 236.11 Mediation]].<br /> <br /> Mediation is not intended to replace or reduce the importance of the negotiation process for the acquisition of property and/or property rights nor does it preclude the use of administrative settlements.<br /> <br /> Should the mediation process not be successful with the parties failing to reach agreement, the needed property and property rights will then be acquired by the normal condemnation process.<br /> <br /> Mediation shall be offered, in writing, to all property owners (who have not settled) prior to filing a condemnation petition, unless approval is received from the Asst. to the State Design Engineer - Right of Way and the [http://sp/sites/cc/Pages/default.aspx Chief Counsel’s Office].<br /> &lt;div id=&quot;Prior to offering mediation&quot;&gt;&lt;/div&gt;<br /> Prior to offering mediation or in the event mediation has been waived, the [[media:236.11.1.3_Impasse.docx|Impasse Letter]] can be provided to the property owner as another tool to communicate the necessity to settle the parcel.<br /> <br /> ===236.7.2.20 Acquisition by Condemnation===<br /> <br /> '''A. When Condemnation Procedure Initiated'''<br /> <br /> Complete policies and procedures regarding eminent domain procedures are described in [[236.10 Right Of Way Condemnation|EPG 236.10 Condemnation Procedures]]. An appropriate time to consider condemnation is when it is determined that the property and property rights cannot be acquired through negotiations or mediation. Mediation must have at least been offered to the property owner before proceeding with condemnation.<br /> <br /> '''B. Transfer of Responsibility From Right of Way to District Counsel'''<br /> <br /> When it is determined that a property cannot be acquired through negotiation or mediation, the responsibility of acquisition is transferred to the district counsel. Negotiation to acquire the property can continue by either the negotiator or attorney assigned to the tract, until the commissioner’s award has been filed.<br /> <br /> '''C. Information Packet Required by District Counsel'''<br /> <br /> The information needed by the district counsel’s office includes but is not limited to the following:<br /> <br /> :*[http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator’s Report], (Form 7-2.13) and typed Negotiator’s Log detailing counteroffers and settlement offers, requests for design changes, etc.<br /> :*Latest title report<br /> :*Two copies of appraisal with [[media:236.6.4.3 Appraisal Review and Approval of Just Comparison (Form 6.4.3).doc|Approval of Just Compensation]], (Form 6.4.3)<br /> :*List of parties to be named as defendants and served notice<br /> :*Copy of pertinent documents (i.e. easements impacting the acquisition area, trust agreements, etc).<br /> :*Copy of pertinent correspondence<br /> :*Copies of property descriptions to be used in the Condemnation Petition. <br /> :*Copies of the [http://sharepoint/sites/de/epg/Lists/EPGResponse/Attachments/825/Surveyor%20Legal%20Description%20Cover%20Sheet%20(2).doc Legal Description, Exhibit A] for each property description submitted. <br /> <br /> '''D. Owner’s Expenses in Condemnation Are Not Reimbursable'''<br /> <br /> When MoDOT institutes and concludes a condemnation action to acquire real property, the owner of the property is not entitled to reimbursement for their expenses, including attorney, appraisal and engineering fees actually incurred because of the condemnation proceedings.<br /> <br /> ===236.7.2.21 Reimbursement of Owner’s Expenses===<br /> <br /> '''A. Reimbursement of Property Transfer Expense'''<br /> <br /> The owner of property acquired will be reimbursed for recording fees, transfer taxes and similar expenses incidental to conveying the property. These expenses are normally paid directly by the department.<br /> <br /> '''B. Reimbursement of Mortgage Prepayment Penalty'''<br /> <br /> Owners will be reimbursed for actual penalty costs for prepayment of a preexisting mortgage entered into in good faith and filed of record prior to the initiation of negotiations. These costs will be reimbursed when the property is acquired in its entirety or the acquisition is of such magnitude that the remainder will not provide collateral for the mortgage and/or the mortgagee legally requires penalty costs for prepayment of the mortgage. The owner is responsible for submission of paid receipts of penalty costs and request for reimbursement to the district office.<br /> <br /> '''C. Reimbursement of Real Estate Tax'''<br /> <br /> Information pertaining to the reimbursement of taxes is contained in the offer letter and the [http://eprojects/Templates/RW/Chapter%207_Negotiation/Pathways%20for%20Progress%20brochure.pdf Pathways for Progress brochure]. During negotiations, the owner will be provided with the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20Owners%20section.pdf Prorata Real Estate Tax Claim, Owner's Section] (Form 7-2.22C). <br /> <br /> Owners will be reimbursed for a pro rata portion of the state, county and city real estate taxes paid for the current taxable year on property purchased by the Commission. The pro rata portion of taxes will cover the full number of months remaining in the calendar year after payment is received by the owner or escrow agent for the property. Claims for reimbursement must be made within six months after the city or county tax delinquent date. Delinquent tax payments are not reimbursable. The owner is responsible for submission of paid tax receipts and Form 7-2.22C to the district office for reimbursement.<br /> <br /> :'''1'''. Pro-ration of Real Estate Taxes<br /> <br /> :The following procedures will be followed for computing the pro-ration of real estate taxes, for all contiguous holdings under the same ownership normally considered in a before and after appraisal. The [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20Owners%20section.pdf Prorata Real Estate Tax Claim] (Form 7-2.22C) is self-explanatory.<br /> <br /> ::'''a'''. Total Acquisition of Property<br /> <br /> ::Divide the annual taxes by 12 and multiply by the number of full months remaining in the taxable year after payment is delivered to the owner or escrow agent or the condemnation award is paid into court.<br /> <br /> ::'''b'''. Partial Acquisition of Property:<br /> <br /> ::Divide the approved compensation, payable to fee holder for land, improvements, property rights and/or damage to remainder, by the value of the entirety as indicated on line E, (1) of right of way [[media:236.6.4.3 Appraisal Review and Approval of Just Comparison (Form 6.4.3).doc|Form 6.4.3]], then multiply computed percentage by the amount on the tax bill. Divide the resulting figure by 12 and multiply by the number of full months remaining in the taxable year after payment for the realty rights is delivered.<br /> <br /> ::'''c'''. Impact of Waiver Valuation on Proration of Taxes<br /> <br /> ::If the compensation for realty rights is established by the use of a waiver valuation, the property value established by the County Assessor can be used in the calculation.<br /> <br /> ::'''d'''. Impact of Administrative Settlements and Condemnation on Proration of Taxes<br /> <br /> ::The amount of an administrative settlement or condemnation award is not a factor in computing tax reimbursement. Computations will be done in the exact same manner as when property is acquired at the approved offer.<br /> <br /> ::'''e'''. Impact of Exchange of Land on Proration of Taxes<br /> <br /> ::When land owned by the state is traded for land acquired, the owner is eligible for reimbursement of taxes. In most instances when a trade occurs there will be an appraisal of both the land to be traded and the land acquired; therefore, when tax reimbursement is determined, the trade will be given the same consideration as though a cash transaction had transpired.<br /> <br /> ::'''f'''. Impact of Donation on Proration of Taxes<br /> <br /> ::When land is donated, the owner is eligible for reimbursement of taxes. Value of the land donated and value of entirety can be determined by utilizing data from the County Assessor's office.<br /> <br /> ::'''g'''. Impact of Damage-Only Offers on Proration of Taxes<br /> <br /> ::Should the acquisition consist solely of damages caused by the imposition of temporary easements and no permanent reduction in value is evident in the after situation, proration of taxes will not be needed. In this case, the assessed value for tax purposes would not be affected by the acquisition.<br /> <br /> '''D. Appeal for Expense Eligibility'''<br /> <br /> Property owners may file a written appeal with the agency if they believe that the agency has failed to properly consider their application for reimbursement of expenses incidental to the transfer of title. The time limit for filing an appeal is 60 days after they receive written notification of the agency’s determination on their claim. The appeal procedure follows that of [[236.8 Relocation Assistance Program|EPG 236.8 Relocation Program]].<br /> <br /> ===236.7.2.22 Cost of Moving Utilities===<br /> <br /> Current [[643.3 Policy, Standards and Regulations|Commission policy]] provides that the cost of relocation and re-connection of privately owned service lines of a public utility is to be included with the other necessary utility work of the project, at MoDOT’s expense. Such costs should not have been considered in the appraisal process.<br /> <br /> Most utility companies reconnect the private service lines at no cost to the property owner, but some do not. The cost to move and reconnect service lines that lie on or in existing Commission owned property is a noncompensable item. The cost to the owner to reconnect these services cannot be included in the appraised compensation.<br /> <br /> Providing for the adjustment of utilities for a project is the responsibility of district design. There are situations, however, in which right of way personnel will have involvement. Owners of utility lines on existing Commission owned property are responsible for costs of adjustments. Therefore, the property owner may have responsibility for adjustment costs in cases where the utility company only owns the main. The department will pay for the cost of the adjustment between the old and new boundary lines.<br /> <br /> All owners shall be advised that they are responsible for adjustment costs for their service lines on existing Commission owned property and that the department will provide compensation for any part of the adjustment on new property being acquired.<br /> <br /> If property is secured from a property owner who owns a service line that requires adjustment, the cost of the adjustment and any compensation due the property owner will be made during the construction of the project. The method of adjustment is to be handled as follows:<br /> <br /> Service line adjustments are included in our roadway contracts. Bid items are provided for the different types of anticipated adjustments. If the property owner elects to have the Commissions' contractor do the work, the portion of cost of adjustment on the new property acquired is provided by the Commission and no further obligation to the owner is necessary. Construction personnel will compute the cost for the adjustment that was on existing Commission owned property and the property owner will be billed for that part only. If the service line adjustment is done by the property owner's plumber and property is secured for the project, the property owner will be compensated for the actual cost of adjustment on the new property acquired. The property owner will not be compensated for more than the cost determined by the amount based on the roadway contractor's bid items.<br /> <br /> ===236.7.2.23 Condemnation of Temporary Driveway Connection Easements===<br /> <br /> Parcels are not generally condemned when the only acquisition is for a temporary easement for the purpose of reconnecting a driveway. If the owner is not agreeable to accept the offer or settlement, and district design determines the driveway can be constructed on existing Commission owned property, the easement should be removed from the plans, a corrected plan sheet sent to the owner and the parcel voided. A letter accompanying the plan sheet should describe, in as much detail as possible, what the physical features of the proposed construction will be, and outline problems the design may cause the owner in their own reconnection of the driveway.<br /> <br /> ==236.7.3 Administrative and Legal Settlements==<br /> <br /> ===236.7.3.1 Administrative Settlements===<br /> <br /> '''A. Purpose'''<br /> <br /> Administrative settlements are made for the purpose of concluding negotiations for amounts considered reasonable, prudent and in the public interest, after reasonable efforts to negotiate agreements at the approved offers have failed.<br /> <br /> Administrative settlements are not to be used for the purpose of correcting errors or omissions in an appraisal. Correcting the appraisal and making a revised offer is the method used to correct such errors and omissions.<br /> <br /> '''B. Definition'''<br /> <br /> An administrative settlement is any settlement authorized by the district right of way manager for a monetary consideration that differs from the approved estimate of just compensation. All settlements above the approved just compensation require written justification (Form 7-3.3.1).<br /> <br /> :'''1'''. Administrative Settlement in Negotiations and Mediation<br /> <br /> :Negotiation and mediation administrative settlements are those made by right of way personnel, prior to filing of a condemnation commissioners' award with the circuit court.<br /> <br /> :Reduction of approved salvage value is considered an administrative settlement. Settlements made in the mediation process are considered administrative settlements. Homestead and heritage payments are also considered administrative settlements. All administrative settlements require documentation in the tract file (Form 7-3.3.1).<br /> <br /> :It is important that district right of way and regional counsel concur in settlements made during the condemnation process. Regional counsel should be advised of all settlements attempted or concluded after a project has been turned over to counsel for condemnation, so that a consensus is reached for the settlement, and that a motion to dismiss the parcel from the petition can be filed.<br /> <br /> :'''2'''. Legal Administrative Settlement<br /> <br /> :Legal administrative settlements are those made by regional counsel personnel after the condemnation commissioners have reported their award to the circuit court and before exceptions are filed. Settlements after exceptions are filed are referred to as Stipulated Settlements (approved by the circuit court) and are referred to by counsel merely as &quot;settlements&quot;.<br /> <br /> :All settlements by regional counsel require the concurrence of right of way.<br /> <br /> :Regional counsel may approve settlements less than $250,000 with the concurrence of the district right of way manager.<br /> <br /> :Settlements less than $250,000, in which the district right of way manager does not concur must be approved by the Assistant Chief Counsel - Litigation and the Asst. to the State Design Engineer - Right of Way.<br /> <br /> :The Assistant Chief Counsel - Litigation and the Asst. to the State Design Engineer - Right of Way must approve settlements greater than $250,000.<br /> <br /> ===236.7.3.2 Administrative Settlements Considerations===<br /> <br /> After a diligent effort has been made to consummate settlements for the approved amounts of just compensation, the district right of way manager should review each parcel not acquired by negotiation and determine whether to make administrative settlements, pursue mediation, or acquire by condemnation.<br /> <br /> The district right of way manager should review all pertinent information relevant to consideration of a settlement, such as:<br /> <br /> :*Approved appraisal reflects current market conditions<br /> :*Consideration in the appraisal of subjective elements of damage<br /> :*Other appraisals of subject<br /> :*The Negotiator's Report regarding damage factors claimed by the owner<br /> :*Counteroffers made by the owner<br /> :*The range of probable testimony<br /> :*Recent jury verdicts for similar type properties<br /> :*Estimated court costs<br /> :*Opinion of legal counsel regarding probable result of proceeding with condemnation.<br /> <br /> '''Note''': Administrative settlements are not to be used to correct errors or omissions of the appraisal. Correcting the appraisal and making a revised offer is the method used to correct such errors and omissions.<br /> <br /> '''Revised Offer Based on Revised Appraisal'''<br /> <br /> If it appears that the approved amount of just compensation does not reflect current market conditions or does not consider all compensable elements of just compensation, an updated appraisal should be secured. A revised offer letter and revised valuation shall be promptly given to the owner. This is not considered an administrative settlement.<br /> <br /> ===236.7.3.3 Making Administrative Settlements===<br /> <br /> Having determined that it is in the public interest to make an administrative settlement, the district right of way manager establishes an equitable amount for the settlement. The amount and other terms of the settlement are then relayed to the owner either verbally or in writing. Should the owner accept the proposal, the necessary conveyance documents are executed, showing the final settlement amount.<br /> <br /> '''Administrative Settlement Justification Letter'''<br /> <br /> At the conclusion of an administrative settlement, the district shall prepare a letter of justification (Form 7-3.3.1) that sets out the terms of the settlement and the factors upon which it was based. A copy of this letter is to be sent to the Right of Way Section when the parcel is submitted for payroll.<br /> <br /> Administrative settlement justification is not to be based on perceived inadequacies of the appraisal process. If the appraisal, on which the offer was based, is subsequently believed to be deficient, a new or revised appraisal should be secured.<br /> <br /> ===236.7.3.4 Approving and Processing Legal Settlements (Stipulated Settlements)===<br /> <br /> As previously stated, stipulated settlements are those made after a commissioners' award has been filed with the circuit court. Settlements less than $250,000 will be submitted to the circuit court for approval after the concurrence of the district right of way manager. Settlements greater than $250,000, or which the district right of way manager does not concur, require the concurrence of the Asst. to the State Design Engineer - Right of Way and the Assistant Chief Counsel - Litigation.<br /> <br /> To accomplish these settlements, regional counsel or assistant regional counsel prepares a [http://eprojects/Templates/RW/Chapter%207_Negotiation/Pre-trial%20report%20Exh%205E.1.docx Pre-Trial Report]. The comments of the district right of way manager and the Asst. to the State Design Engineer - Right of Way should be considered by the Assistant Chief Counsel - Litigation, prior to final approval of the settlement.<br /> <br /> ==236.7.4 Escrow Agreements, Deeds of Release and Purchase Agreement==<br /> <br /> ===236.7.4.1 Purpose===<br /> <br /> This information establishes MoDOT’s procedures for using escrow agreements, subordination of mortgage liens, deeds of release and purchase agreements in the acquisition of land and easements.<br /> <br /> The negotiator should know what documents will be required for closing depending on ownership and value of the property. The checklist of items (provided in the links following), include those required documents, depends on whether [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator%20Packet%20Table%20of%20Contents%20-%20Closing%20with%20MoDOT.doc MoDOT] or a [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator%20Packet%20Table%20of%20Contents%20-%20Closing%20with%20Title%20Company.doc title company] will be conducting the closing.<br /> <br /> ===236.7.4.2 Escrow Agreements===<br /> <br /> An Escrow Agreement (fee owner) (Form 7-4.2A (CCO RW8)) or a Tenant Escrow Agreement (Form 7-4.2B (CCO RW10)), is used when an escrow agent is used (see [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services|EPG 236.4.4.6]]). (Forms RW8 and RW10 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> The use of an Escrow Agreement is not required when obtaining property or property rights from another government agency.<br /> <br /> When the acquisition involves only a temporary easement, it is not required to escrow the payment unless circumstances warrant it.<br /> <br /> '''A. Escrow Agreement (Fee Owner)'''<br /> <br /> :'''1'''. When the Escrow Agreement is used<br /> <br /> :The escrow agreement shall be used to establish possession of occupied buildings, removal of buildings or equipment if retained by the owner, and provide for payment of taxes, liens, mortgages, or other encumbrances.<br /> <br /> :'''2'''. Contaminated Property Provision<br /> <br /> :Certain required paragraphs of the escrow agreement provide for owner disclosure of contamination, testing for contamination and termination of the acquisition under certain conditions of contamination. If there is an indication that the property being acquired is contaminated and is to be tested, the check for the real estate payment should not be delivered to the escrow agent until it is determined that the department will proceed with the acquisition, without further attention to the contamination. <br /> <br /> '''B. Tenant Escrow Agreement'''<br /> <br /> :'''1'''. When Tenant Escrow Agreement is used<br /> <br /> :The Tenant Escrow Agreement (Form 7-4.2B, RW10) (Form RW10 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is used when necessary to ensure removal or possession of tenant-owned improvements or equipment retained by the tenant owner.<br /> <br /> :The Tenant Escrow Agreement may be used to acquire tenant interests prior to conveyance or condemnation of fee holder interests, only if a Release of Structures and Leasehold (Form 7-2.7D (CCO RW15)) (Form RW15 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), is executed by the fee owner and attached to the Tenant Escrow Agreement.<br /> <br /> :'''2'''. Phrases for Release of Structures and Leasehold if Tenant Escrow Agreement is not used<br /> <br /> :In cases where it is deemed unnecessary to use the Tenant Escrow Agreement, one of the following paragraphs, as applicable, should be included in the Release of Structures and Leasehold.<br /> <br /> ::&quot;Party of the First Part hereby agrees to vacate and give peaceable possession of said above described property to Commission within ______ days after payment of the consideration. At the conclusion of this possession period all of the improvements being conveyed herein shall become the property of the Commission to dispose of in anyway it deems necessary.&quot;<br /> <br /> ::&quot;Party of the First Part hereby retains the right to salvage (describe structure) and hereby agrees to remove said structure within _______ days after payment of the consideration. Commission may, after said date and without repercussion from Party of the First Part, dispose of said structure in anyway it deems necessary.&quot;<br /> <br /> ::&quot;Party of the First Part hereby retains the right to salvage (describe structure) and hereby agrees to remove said structure by the _____ day of ________, 20___. Commission may after said date and without repercussion from Party of the First Part, dispose of said structure in anyway it deems necessary.&quot;<br /> <br /> '''Requirements for the Retention of Improvements'''<br /> <br /> Requirements for the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Requirements%20for%20the%20Retention%20Form%207.4.2C.pdf Retention of Improvements] (Form 7-4.2C,) must be incorporated with any Escrow Agreement or Agreement for Purchase of Real Estate. The form sets out the requirements of an owner or tenant that elects to retain improvements or equipment for removal from the acquired land.<br /> <br /> ===236.7.4.3 Deed of Release and Partial Deed of Release===<br /> <br /> Obtaining Deeds of Release and Partial Deeds of Release] (Form 7-4.3, RW25) (Form RW25 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is the responsibility of the escrow agent. When obtaining a release from a corporation, a corporation release form is normally used. For individuals or partners, a non-corporation release form is to be used. Most title companies, banks, and other lending institutions carry appropriate forms as part of their routine business. The escrow agent is to either prepare the release for execution by the lien holder or provide the lien holder with the property description for inclusion in the release.<br /> <br /> ===236.7.4.4 Agreement for Purchase of Real Estate===<br /> <br /> '''A. When Agreement for Purchase of Real Estate is used'''<br /> <br /> The Agreement for Purchase of Real Estate, Form 7-4.4 (CCO RW7) (Form RW7 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is used when purchasing property or property rights and an escrow agreement is not being used as discussed in [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services|EPG 236.4.4.6 Escrow Services]]. As required by [https://revisor.mo.gov/main/OneSection.aspx?section=141.250 RSMo 141.250], the proceeds derived from the sale of any lands with a tax lien, shown by records of land trust, the land bank agency, or the city or county collector, shall be distributed to the lien holders first before any proceeds are paid to the property owner. The negotiator is required to determine whether any tax liens exist and ensure the lien holder is paid before the property owner is paid.<br /> <br /> The use of this agreement is not required when obtaining property or property rights from another governmental agency.<br /> <br /> The use of this agreement is not required when only temporary rights are being acquired via a temporary easement unless circumstances warrant it.<br /> <br /> '''B. Contaminated Property Provision'''<br /> <br /> If there is an indication that the property being acquired is contaminated and is to be tested, the check for payment of the real estate should not be delivered to the owner until such time that it has been determined that the department will proceed with the acquisition.<br /> <br /> ===236.7.4.5 Subordination of Mortgage Liens===<br /> <br /> The Partial Deed of Release, RW25, is the most commonly used, and preferred, document when obtaining a partial acquisition from a mortgaged property. <br /> <br /> Please note that this document serves as a partial release of a mortgage but merely subordinate the lender’s interest in the acquired property to the rights of the Commission. This document is usually signed prior to payrolling the acquisition and then held in escrow along with the conveyance documents until payment is made to the escrow agent.<br /> <br /> ==236.7.5 Railroad, State and Federal Acquisitions==<br /> <br /> ===236.7.5.1 Purpose===<br /> <br /> This information establishes MoDOT’s procedures for acquiring railroad land and railroad right of way, federal land and land owned by the State of Missouri.<br /> <br /> ===236.7.5.2 Railroads===<br /> <br /> '''A. General'''<br /> <br /> The acquisition of land owned by railroad companies is a dual responsibility of district right of way and the Multimodal Operations Division (for additional information see [[643.4 Railroads|EPG 643.4 Railroads]]).<br /> <br /> Plans approved for acquisition purposes will indicate a separate parcel number for the operating railroad right of way and to each parcel of non-operating railroad property owned by a railroad.<br /> <br /> District right of way is responsible for the acquisition of non-operating railroad property. The Multimodal Operations Division will acquire non-operating land only when they are also acquiring operating right of way from the same railroad.<br /> <br /> The Railroad Projects Manager is responsible for acquisitions, agreements and/or documents related to operating railroad right of way. If both operating right of way and non-operating land are required from the same railroad, all necessary information will be provided to the Multimodal Operations Division.<br /> <br /> '''B. Acquisition Procedures - Non-operating Railroad Land'''<br /> <br /> The Multimodal Operations Division will acquire non-operating land if operating right of way is also being acquired from the same railroad.<br /> <br /> :*Obtain title information for each parcel. The conveyance of the property to the railroad is sufficient unless the land involved is a recent purchase.<br /> :*Appraise each parcel in accordance with current appraisal procedures.<br /> :*Prepare a deed with metes and bounds description. A Warranty Deed (Form 4-7.1A (CCO RW3)) or Quit Claim Deed (Form 4-7.2 (CCO RW2)) is desirable and have been accepted by railroads in some situations, or use an Easement for Highway Purposes, or 4-7.5 (CCO RW23). (Forms RW2, RW3 and RW23 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> When only non-operating railroad land is involved, negotiate in accordance with current acquisition procedures. The name of the railroad's authorized representative may be obtained from the Multimodal Operations Division Railroad Projects Manager.<br /> <br /> '''C. Acquisition Procedures - Operating Railroad Right of Way'''<br /> <br /> :*Obtain title information for each parcel.<br /> :*Appraise each parcel in accordance with current appraisal procedures.<br /> :*Prepare a metes and bounds legal description for the easement area and provide to the Multimodal Operations Division to include in an easement or grade separation agreement.<br /> :*Prepare and transmit to the Multimodal Operations Division an undated offer letter reflecting the approved just compensation. Tax proration phrases should not be included in the offer letter.<br /> :*Transmit to the Multimodal Operations Division an appraisal or waiver valuation and three plan sheets.<br /> <br /> '''D. Controlled Access from Railroads and Abutting Owners'''<br /> <br /> When a proposed controlled access boundary line intersects or coincides with a railroad right of way line, all easements should include a controlled access clause for access rights from the railroad and adjoining owners of underlying rights.<br /> <br /> Also, when the proposed controlled access boundary line and the railroad right of way line coincide, it is necessary to acquire abutters' rights of direct access from owners of land and property rights adjoining the opposite side of the railroad right of way.<br /> <br /> '''E. Acquiring Underlying Fee in Railroad Land and Right of Way'''<br /> <br /> It is advisable to acquire the underlying fee rights of current adjoining successors in title, when acquiring non-operating railroad land.<br /> <br /> When a proposed highway boundary line crosses or intersects the right of way of an operating railroad, it may be necessary to acquire the underlying fee within the limits of the railroad right of way from adjacent owners who have reversionary rights. It is the discretion of the district right of way manager as to whether or not the underlying fee should be acquired. The necessity increases, as the likelihood of future railroad abandonment increases.<br /> <br /> The description on deeds for each underlying fee owner will extend to the center of the railroad right of way or include the entire railroad right of way, when applicable, and will contain the wording &quot;subject to railroad right of way.&quot;<br /> <br /> '''F. Condemnation of Railroads'''<br /> <br /> The Railroad Projects Manager is to be notified of the anticipated date of condemnation when the Multimodal Operations Division is acquiring railroad property.<br /> <br /> District right of way will be responsible for including in condemnation both operating and non-operating railroad property that are not acquired by negotiation. Prior to preparation of a condemnation petition, determine from the Multimodal Operations Division the status of negotiations and a recommendation to include or exclude railroad property in condemnation. Railroad property is not to be included in the condemnation petition unless the Multimodal Operations Division has received proper authorization from the Department of Economic Development, Division of Motor Carrier and Railroad Safety.<br /> <br /> ===236.7.5.3 Acquisition from Federal Agencies===<br /> <br /> When land or property rights are to be acquired from the United States Army, Air Force, Navy, Veterans Administration, or the Bureau of Indian Affairs, district right of way is authorized to negotiate directly with the agency. For acquisitions from all other federal agencies, application must be made through the Federal Highway Administration. District right of way is to prepare all required documents and transmit them to the Right of Way Section for handling with Federal Highway Administration.<br /> <br /> ===236.7.5.4 Acquisition from State of Missouri Agencies===<br /> <br /> '''A. Acquisition from Conservation Commission and the University of Missouri'''<br /> <br /> Other than the MHTC, the Conservation Commission and the University of Missouri are the only Missouri state agencies that have authority to convey real property. When the MHTC acquires land or property rights from one of these two agencies, district right of way shall negotiate directly with the agency. <br /> <br /> The curators of the University of Missouri are vested with the power to convey property owned by the University in § 172.020, RSMo. This section reads, in part, “The Curators of the University of Missouri…shall have perpetual…power…to take, purchase and to sell, convey and otherwise dispose of lands and chattels…”. This is consistent with § 37.005.9, RSMo which specifically excepts property owned by the university from other state property which vests in the governor and requires authorization from the general assembly before it can be conveyed. <br /> <br /> It is not as clear whether the Department of Conversation/Conservation Commission has the power to convey the property it owns. However, Art. IV, § 40(a) of the Missouri Constitution gives the Conservation Commission the control, power and management over all property owned, acquired or used for conservation purposes. While this constitutional provision does not specifically state that the Conservation Commission has the power to convey property, a reasonable interpretation of this section, read in conjunction with § 37.005.9, RSMo., is that the Conservation Commission has the power to convey property. <br /> <br /> '''B. Acquisition from All Other State Agencies'''<br /> <br /> State agencies, other than those identified above, are required, by statute, to obtain authority to convey real property by an act of the General Assembly. The Governor may execute conveyances of easement rights only without authorizing legislation.<br /> <br /> :'''1'''. Land Acquisition<br /> <br /> :For all agencies other than those identified above state statute provides for the conveyance of fee simple interest in real property, by a specific act of the General Assembly that will be arranged by the Right of Way Section. The legislative act authorizes the Governor to execute the conveyance document, after it has been approved as to form by the Attorney General’s office.<br /> <br /> :'''2'''. Easement Acquisition<br /> <br /> :When only easement rights are to be acquired, the statute permits the Governor to convey an easement without legislative action, after the document is approved as to form by the Attorney General's Office.<br /> <br /> :The document CCO RW24 may be used for these acquisitions, with a suggested heading change to EASEMENT(S) ON STATE PROPERTY FOR HIGHWAY PURPOSES. (Form RW24 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].) This heading change does not require approval by Chief Counsel Office.<br /> <br /> :'''3'''. Acquisition Procedure<br /> <br /> :District right of way shall:<br /> <br /> ::*contact the local agency representative<br /> ::*explain the acquisition<br /> ::*obtain permission to inspect<br /> ::*appraise the property or secure donation<br /> ::*review and approve Just Compensation<br /> ::*prepare offer letter<br /> ::*prepare Quit Claim Deed<br /> <br /> :Forward appraisal, offer letter, Quitclaim Deed, and plan sheets to the Right of Way Section. The Right of Way Section will:<br /> <br /> ::*negotiate directly with the agency<br /> ::*secure executed deed<br /> ::*process payroll<br /> ::*deliver check to the agency<br /> ::*transmit executed deed to the district for recording<br /> ::*transmit to district negotiator’s report and contact log<br /> ::*prepare and transmit to district an administrative settlement letter, if necessary<br /> <br /> ==236.7.6 Acquisitions of Maintenance Sites and Other Capital Improvement Sites==<br /> <br /> ===236.7.6.1 Purpose===<br /> <br /> This information describes MoDOT’s procedures for acquiring maintenance sitesand other capital improvement sites.<br /> <br /> ===236.7.6.2 Site Selection and Approval===<br /> <br /> Site selection, including environmental studies of proposed sites, is the responsibility of the district subject to approval of the General Services Director.<br /> <br /> Once the location for a new site is chosen or the decision is made to expand a facility, the General Services Division will request district right of way to determine the market value of the property. <br /> <br /> All property to be acquired for capital improvement purposes shall be appraised in accordance with [[236.6 Appraisal and Appraisal Review#236.6.3.8 Maintenance Lot and Capital Improvement Valuation|EPG 236.6 Appraisal and Appraisal Review]]. In those instances where only a portion of the total property is to be acquired, appraisers shall determine if the acquisition will damage the remaining property. If in their opinion the remaining property is damaged, the appraisers shall prepare a before and after appraisal of the property setting forth such damages. If in their opinion there is no damage to the remainder, appraisers are to make a statement to that effect in the appraisal report and appraise the part to be acquired as a total tract.<br /> <br /> Upon completion of the appraisal, it is to be reviewed in the district in accordance with [[236.3 Administration|EPG 236.3]]. A copy of the approved appraisal shall be forwarded by the district to the General Services Division for funding allocations.<br /> <br /> ===236.7.6.3 Acquisition Procedure===<br /> <br /> Upon receipt of concurrence, the General Services Division will advise district right of way to initiate negotiations for acquisition of the property. A [http://eprojects/Templates/RW/Chapter%207_Negotiation/Offer%20Letter%20Form%20-%20Capital%20Improvements%207.6.3.docx letter of offer on capital improvement facilities] (Form 7.6.3), is to be used in making offers to property owners. District right of way should follow acquisition procedures outlined in the areas of [[236.3 Administration#236.3.5 Right of Way Expenditures|payrolling]], [[236.4 Description Writing and Titles#236.4.4.8 Obtaining Title Insurance and Title Commitments|abstract or title insurance]], and the use of [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services|Escrow Agents]].<br /> <br /> All capital improvement sites and additions shall be acquired in fee simple title. The deed for conveyance shall be based on an accurate survey of the property. A professional land surveyor shall complete the survey. <br /> <br /> Negotiations for all new or additions to capital improvement facilities shall be based on approximate boundaries. If the owner is agreeable to selling the property for the approved amount, said survey will be made for preparation of the deed.<br /> <br /> Appropriate efforts to acquire the property for the approved amount should be made; however, if the owner refuses the offer but through either a counteroffer or other means it is determined that the property can be purchased for an amount above the approved offer, so advise the General Services Division with a recommendation. The General Services Division will advise the district whether or not to proceed at the higher price. <br /> <br /> Upon successful negotiations for the capital improvement site or addition, the payroll shall be completed in the same manner as other payrolls for land acquisitions and submitted to the Right of Way Section. Upon receipt of the check by district right of way, the deed and survey plat will be recorded. Copies of the recorded deed and survey shall be submitted to the General Services Division and the State Maintenance Engineer.<br /> <br /> Condemnation proceedings shall not be initiated for a capital improvement location unless specifically instructed to do so by the Right of Way Section.<br /> <br /> The cost of appraisals, survey expenses, title work and other miscellaneous right of way items as well as the cost of the site itself shall be charged to the appropriate project number established by the General Services Division.<br /> <br /> ==236.7.7 1099 Reporting of Acquisitions==<br /> <br /> ===236.7.7.1 Purpose===<br /> <br /> This information establishes MoDOT’s guidelines and procedures for reporting the acquisition of real estate or real property rights to the Internal Revenue Service (IRS).<br /> <br /> ===236.7.7.2 1099 Reporting Procedure===<br /> <br /> '''A. Transactions to be Reported'''<br /> <br /> The Commission is responsible for reporting the following real estate acquisitions to the IRS: <br /> <br /> :* Real property and or permanent right in excess of $600 will be reported on a 1099-S.<br /> :* Temporary easements if the easement is to last 30 years or more and are paid over $600 will be reported on a 1099 MISC and handled by OA. Damages to remainders for real property and/or permanent rights will be reported on a 1099-S.<br /> :* Damages related to the temporary easement will be reported on a 1099-MISC and will be handled by OA.<br /> :* Damages included with a temporary easement that consist of money provided to a property owner that will not be expended on the property over $600 (for example, removing an entrance/driveway) will be handled by OA and reported on a 1099-MISC.<br /> :* Administrative settlements included with a temporary easement will be handled by OA and reported on a 1099-MISC.<br /> <br /> '''B. Transactions Not Reported'''<br /> <br /> The following are exceptions to the requirements for reporting acquisitions to the IRS:<br /> <br /> :* Purchases from corporations and governmental agencies.<br /> :* If the payment is being made to an escrow agent, the agent handles the 1099 reporting.<br /> :* Cost to cure (damages) included with a temporary easement that consists of money being provided to a property owner to expend on property, for example, trees and fencing. <br /> <br /> '''C. Determining Year of Reporting'''<br /> <br /> Under IRS rules an acquisition has to be reported in the year the transaction is closed. For purchases this is the date the check is received by the escrow agent or the property owner. For condemned property it is the date the Commissioners’ award is deposited with the court. The withdrawal of the award from the court is not considered in determining the date of closing nor the need to report the acquisition. <br /> <br /> '''D. Reporting More Than One Owner'''<br /> <br /> Transactions should be entered in RWPA shortly after they are closed or condemned. In the case of condemned property it will be necessary to base the report on the award. When more than one property owner (other than husband and wife or partnerships) is involved in receiving proceeds from the acquisition, IRS regulations require that an allocation of the gross proceeds be requested by MoDOT. The request must be made at or before the time of closing or at the time the Commissioners’ award is paid into court. This request should be made by certified mail with a copy to each taxpayer.<br /> <br /> If the distribution cannot be determined or if an award is not drawn down from court, it will be necessary to report the entire amount to the IRS for each individual taxpayer. Those individuals whose property is acquired by negotiation yet still refuse to provide a distribution of funds should also receive a request by certified mail. The request should advise taxpayers that if an allocation of funds is not provided the entire amount will be reported as if paid to each taxpayer.<br /> <br /> '''E – RWPA System Requirements for 1099s'''<br /> <br /> All data must be entered on the following screens for a 1099 to be processed:<br /> Location Description screen: Section, Township and Range.<br /> <br /> 1099 screen: Fee Holder/Tenants info: SSN/Tax ID;<br /> ::1099 data – Type (interest or “s” sale), Date Closed, and Gross Proceeds.<br /> <br /> ===236.7.7.3 Taxpayer Identification Numbers===<br /> <br /> It is required that MoDOT request a taxpayer identification number (TIN) from all taxpayers at or before the time of closing. A husband and wife are treated as one taxpayer and only one TIN needs to be supplied. Partnerships and trusts should have a TIN that is to be used instead of social security numbers of the individual partners or the beneficiaries of a trust.<br /> <br /> Under IRS regulations, any person whose TIN is requested must furnish such TIN and certify that the TIN is correct. The solicitation shall be made by providing a written statement to the taxpayer that they are required by law to furnish a correct TIN, and that they may be subject to civil or criminal penalties for failing to furnish a correct TIN.<br /> <br /> The procedures described in [[236.7 Negotiation#236.7.2 Guidelines and Procedures|EPG 236.7.2]] shall be followed in soliciting TINs from taxpayers during negotiations. The paragraph in the offer letter pertaining to TINs will satisfy the above requirement. A [https://oa.mo.gov/sites/default/files/vendor_input_ach_eftd.pdf Vendor Input Form MO 300-1489] can be used with the request.<br /> <br /> When dealing with a representative of the owner(s), it is permissible to request that the representative obtain the TIN from the taxpayer(s); however, if they fail to supply it, a request must be sent to the taxpayer(s) by certified mail.<br /> <br /> A completed Form 7-7.3 will be retained in the parcel file and provided to the escrow agent. A completed Vendor Input Form MO 300-1489 is to be submitted to the Office of Administration.<br /> <br /> '''A. Instructions for Preparing Request for Taxpayer Identification Number and Request for Allocation of Gross Proceeds'''<br /> <br /> The [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20Allocation%20Gross%20Proceeds%20Form%207.7.3.pdf Request for Allocation of Gross Proceeds] (Form 7-7.3) and [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20for%20TIN%20and%20Allocation%20of%20Gross%20Proceeds%20Form%207.7.3.A.docx Request for Taxpayer Identification Number and Allocation of Gross Proceeds - Sample Letter] (Form 7-7.3A), has been prepared as a style sheet. Five fields (County, Route, Job, Parcel and Total Amount to be Allocated) are to be completed by district right of way before giving the form to the property owner.<br /> <br /> A [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20for%20TIN%20and%20Allocation%20of%20Gross%20Proceeds%20Form%207.7.3.A.docx sample letter] (Form 7-7.3A) to accompany the request form is available.<br /> <br /> ===236.7.7.4 Methods for Reporting to the IRS===<br /> <br /> Reporting of real estate transactions to the IRS will be done by one of the following four methods:<br /> <br /> :* If the property is purchased and the transaction is closed by an escrow agent, the escrow agent is to handle the reporting to the IRS. The agreement for title and escrow services as described in [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services|EPG 236.4.4.6 Escrow Services]] provides for this requirement. If a bank or other source is used as an escrow agent, the letter of understanding with the escrow agent should spell out this duty along with the other duties.<br /> :* If the property is purchased and the transaction is not closed by an escrow agent, district right of way is responsible for creating a 1099-S in the RWPA application. The “Property Transfer Settlement” field shall be filled in with “Yes” if part of the consideration for a reportable acquisition transaction consisted of realty. The most current address shall be verified and used on the form.<br /> :* If the property is condemned, it should be determined if the County Clerk is reporting the transaction to the IRS. If they are making the report, MoDOT will not duplicate it. If the County Clerk is not reporting the transactions, district right of way is responsible for creating a 1099-S in the RWPA application.<br /> :* If the property purchased is a temporary easement, OA will handle reporting the 1099-MISC.<br /> :* If interest is ordered to be paid following a condemnation case, OA will handle reporting the 1099-INT.<br /> <br /> ===236.7.7.5 Corrected 1099-S's===<br /> <br /> If a trial or legal settlement occurs during the same tax year that the Commissioners’ Award was reported, district right of way shall correct the 1099-S in the Right of Way Parcel Acquisition application to show the new amount. The 1099-S shall be corrected if the final amount is either more or less than the amount previously reported.<br /> <br /> ===236.7.7.6 Reporting on Condemned Acquisitions===<br /> <br /> '''A. Reporting Jury Verdicts or Settlements in Subsequent Tax Years'''<br /> <br /> If a jury verdict or settlement occurs in a subsequent tax year and the amount of the verdict or settlement is greater than the award, a normal 1099-S for the difference between the verdict or settlement (not including interest) and the previously reported amount shall be created in the Right of Way Parcel Acquisition application by district right of way.<br /> <br /> If a jury verdict or settlement in a subsequent year is for an amount less than the award, no reporting is necessary. <br /> <br /> If the jury verdict or settlement is on a parcel that was condemned in a year in which the department was not required to report transactions, a 1099-S shall be submitted for the difference in the verdict or settlement (not including interest) and the original award. Do not include the original award in this submission, even though MoDOT never reported the original award.<br /> <br /> '''B. Reporting Payment of Interest'''<br /> <br /> When a jury verdict or a legal settlement results in $600 or more of interest being due the property owner, the payment of interest is to be reported to the Internal Revenue Service. In these cases, district right of way shall create a 1099-INT.<br /> <br /> When more than one property owner (other than husband and wife or partnerships) is involved in receiving proceeds from the acquisition, the reporting of interest is to be broken down by the same ratio as the allocation of the gross proceeds among the taxpayers.<br /> <br /> ==236.7.8 Contract Negotiation==<br /> <br /> ===236.7.8.1 Application for Employment as Contract Negotiator===<br /> <br /> All contracts for negotiation services shall comply with statutory, MODOT and E-Verify requirements when applicable. Please refer to [[236.3 Administration#236.3.11 Contracting with MoDOT and E-Verify Requirements|EPG 236.3.11 Contracting with MoDOT and E-Verify Requirements]] for more information.<br /> <br /> Right of Way negotiators employed under agreement by the MHTC must enjoy a good professional reputation and be able to provide evidence of significant experience in Federal-Aid projects and negotiating for [[236.10 Right Of Way Condemnation#236.10.7 Eminent Domain Guidelines|eminent domain]] acquisitions. Additional experience obtained through classes relating to the uniform act and negotiations is considered but not required.<br /> <br /> All fee negotiators who desire to work for MHTC on a contract basis must submit an [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Application%20Employment%20Contract%20Negotiator%20Form%207.8.1.pdf Application for Employment as a Contract Negotiator] (Form 7.8.1), to a district right of way office. When the application is received at the district office, a member of the right of way staff shall conduct an investigation to determine the qualifications of the applicant. This investigation shall be to the extent necessary to determine the abilities of the applicant and the applicant's general reputation within the profession. All clients shown on the application shall be contacted in person or by telephone. All applicants must be recommended by at least two clients.<br /> <br /> After the investigation is completed and district right of way is satisfied with the applicant's qualifications, the district shall transmit to the Right of Way Section its recommendation together with one copy of the application and such other exhibits considered pertinent to the approval process. The Right of Way Section will review the application material to determine the applicant's qualifications and will advise the district office, in writing, of the approval or disapproval of the applicant.<br /> <br /> '''Duration of Approval of Fee Negotiators on the Roster of Approved Negotiators'''<br /> <br /> Duration of approval on the Roster of Approved Fee Negotiators is 3 years. A renewal application will be sent to each fee negotiator prior to their 3 year expiration date as contained in MoDOT’s database. The renewal application will seek to determine the applicants desire to remain on the list and also to capture updated information including address, phone numbers, email addresses and areas of the state the applicant is interested in performing work. Renewal dates are contained in the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved Contract Negotiators (Form 7-8.2)]. If you have any questions you can contact the Right of Way Section of MoDOT's Design Division.<br /> <br /> ===236.7.8.2 Roster of Approved Contract Negotiators===<br /> <br /> The Right of Way Section will maintain a Roster of Approved Contract Negotiators (Form 7-8.2), listing all approved contract negotiators. The roster indicates the districts in which the individual is primarily available to work. However, approved negotiators may work in all areas of the state.<br /> <br /> ===236.7.8.3 Preliminary Contract Negotiation Fee Estimate===<br /> <br /> Although not required, it may be advisable in some circumstances to prepare a preliminary contract negotiation fee estimate. This will document that consideration was given to the negotiation problems that are anticipated and provide a basis for evaluating the reasonableness of proposed fees.<br /> <br /> ===236.7.8.4 Proposal for Contract Negotiations===<br /> <br /> The availability of qualified contract negotiators varies from one location to another and/or from one time period to another, depending upon current economic conditions. Departmental guidelines provides for both the solicitation of competitive proposals and for non-competitive contracting. The availability of qualified contract negotiators and project time constraints may determine the bid process that will be followed.<br /> <br /> Every effort shall be made to select the most qualified negotiators available for the particular assignments involved. Consideration should be given to anticipated negotiation problems, the talents and skills of the prospective negotiators, past performance, and present commitments. The negotiator must have experience working on federal-aid projects and provide a list of those projects within the application. The district shall contact by letter, telephone, or in person each of the selected negotiators to determine their interest in submitting proposals for the required work. <br /> <br /> Each prospective negotiator must familiarize themselves with all aspects of the proposed negotiations assignment. A member of the district right of way staff shall be available to accompany prospective negotiators during a field review of each parcel if requested, in order to acquaint them with project plans, rights being acquired, and any unique problems that may be encountered. <br /> <br /> A proposal packet shall be prepared for each selected negotiator, whether distributing competitive proposals or non-competitive proposals. Each proposal packet should contain the following:<br /> <br /> :* Proposal for Contract Negotiations (Form 7-8.4 (CCO RW33) (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), with parcel number, owner, and realty appraisal format completed on the price page).<br /> :* Blank copy of Negotiator Services Agreement (Form 7-8.5 (CCO RW34)). (Form RW34 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements])<br /> :*Right of Way Plans.<br /> :*Copies of appropriate negotiations forms and form letters.<br /> :*Envelope to district office with '''&quot;Proposed Negotiation Fees - Do Not Open,&quot;''' if requesting competitive proposals.<br /> <br /> '''A. Competitive Proposals for Contract Negotiations'''<br /> <br /> When the competitive proposal process for contracting negotiations is used, the district shall make a reasonable effort to secure proposals from those approved negotiators who have demonstrated expertise to accomplish the proposed negotiation assignments. The request for proposals shall be in writing and is to be mailed simultaneously to negotiators on the &quot;approved&quot; list.<br /> <br /> It should be noted that negotiation agreements are to be awarded to the lowest and best bid. The term &quot;lowest&quot; pertains strictly to the dollar amount of the proposal. The term &quot;best&quot; takes into consideration the issue of timeliness, or delivery date, the comparative level of experience of the bidders, and also the past records of individuals with respect to quality of work product and adherence to agreement requirements and deadlines. In other words, though important, mere submission of the lowest cost proposal will not, in and of itself, assure that bidder of being awarded a particular agreement.<br /> <br /> An envelope directed to District Office shall be provided with a notation prominently displayed '''&quot;Proposed Negotiation Fees - Do Not Open.&quot;''' A proposal packet shall be provided to each negotiator. Every negotiator should be warned not to add or delete any terms or conditions or amend the proposal in any way. Altered or amended proposals will be rejected at the time of opening.<br /> <br /> '''Electronic submissions or faxed submissions of proposals will not be accepted because confidentiality cannot be maintained'''.<br /> <br /> A designated district staff member shall retain all competitive proposals received until time of opening.<br /> <br /> :'''1'''. Opening of Proposals<br /> <br /> :District staff members shall open all proposals at the prescribed time. Personnel supervising the opening shall publicly announce to all in attendance the amounts recited in each proposal.<br /> <br /> :'''2'''. Selection of Successful Proposal<br /> <br /> : The lowest and best proposal is to be selected and the district will prepare a Negotiation Services Agreement (CCO RW34) for execution by the successful bidder. Agreements must contain the same provisions as the proposal.<br /> <br /> '''B. Non-Competitive Proposals for Contract Negotiations'''<br /> <br /> When staff workload or project completion considerations warrant, negotiations agreements may be awarded without competitive proposals, the district may proceed as follows:<br /> <br /> District shall select negotiators from the current Roster of Approved Contract Negotiators (Form 7-8.2). Every effort shall be made to select the most qualified negotiator available for the particular job. Consideration should be given to anticipated negotiation problems, negotiator’s experience, negotiator's past performance, pending assignments, etc. District personnel determine the selected negotiator’s availability to complete the work within a specified time.<br /> <br /> After the negotiator has been made aware of all facts regarding the prospective negotiations assignment, the district shall request a Proposal for Contract Negotiations (Form 7-8.4, RW33) (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), setting forth a fee for each parcel. Since competitive proposals are not involved, the Competitive Proposal paragraph may be deleted or marked &quot;not applicable.&quot; The proposal must be dated, signed, and submitted to the district office by the prospective negotiator.<br /> <br /> Should it be determined that the proposed fees appear excessive, the district right of way manager or a designee shall negotiate with the negotiator in an effort to achieve acceptable fees. In the event negotiations fail to produce acceptable fees, the district has the option to negotiate with another contractor or initiate the competitive bid process. Once acceptable fees are agreed upon, the district shall secure a Negotiator Services Agreement (CCO RW34).<br /> <br /> ===236.7.8.5 Negotiator Services Agreement===<br /> <br /> All Fee Negotiators performing negotiation work for the Missouri Highways and Transportation Commission shall do so by a fully completed and executed Negotiator Services Agreement (Form 7-8.5 (CCO RW34)) (Form RW34 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]). Negotiator Services Agreements with individuals or companies shall designate the individual(s) who shall perform the negotiation services. An officer shall execute all agreements with companies. Each agreement shall include a copy of the negotiator’s proposal (Form 7-8.4, RW33). (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> Three copies of the Negotiator Services Agreement shall be executed by appropriate MoDOT staff in accordance with the Commission’s Execution of Documents Policy. <br /> <br /> '''A. Distribution of Fully Executed Negotiations Agreements'''<br /> <br /> One fully executed copy shall be returned to the contractor, one copy shall be retained by district right of way and one shall be submitted to the Controller’s Division.<br /> <br /> '''B. Notice to Proceed'''<br /> <br /> The agreement requires a written notice to proceed, with which the negotiator should be provided a current set of highway plans and other data necessary to accomplish the assignment.<br /> <br /> ===236.7.8.6 Supplemental Negotiator Services Agreements===<br /> <br /> Subsequent to the execution of the initial agreement, it sometimes becomes necessary, due to plan changes or other considerations, to request additional negotiations services. If such services are required, they are to be secured by processing a supplemental negotiations agreement. <br /> <br /> Supplemental Negotiator Services Agreement (Form 7-8.6, (CCO RW35)) (Form RW35 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is designed to minimize administrative efforts when it becomes necessary to add parcels to the original agreement, or change the scope of the required services.<br /> <br /> The Supplemental Negotiator Services Agreement refers to specifications as recited in original agreement, so it becomes imperative that such requirements and specifications are effective at the date &quot;new&quot; parcels or required services are added to the original contract. New parcels shall be construed to mean tracts not previously included or where the plan or ownership revisions are so acute as to require additional services. Also a calendar period or time frame in which the work is to be completed must be specified.<br /> <br /> Three copies of the Supplemental Negotiator Services Agreementshall be executed in accordance with the Commission’s Execution of Documents Policy. One fully executed copy shall be returned to the contractor, one copy shall be retained by district right of way and one shall be submitted to the Controller’s Division.<br /> <br /> ===236.7.8.7 Contract Negotiator Performance Evaluation===<br /> <br /> The last paragraph of Proposal for Contract Negotiation (Form 7-8.4, RW33) (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), advises contractors that their overall performance will be carefully evaluated and that failure to perform at an acceptable level can result in their removal from MoDOT’s Roster of Approved Contract Negotiators (Form 7-8.2).<br /> <br /> Consistent with the statements of the proposal, the district shall evaluate the performance of the contract negotiator after completion of all negotiations assignments in a given assignment. The [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Contract%20Negotiator%20Performance%20Form%207.8.7.pdf performance shall be rated] (Form 7-8.7). It is essential that this report be fully completed.<br /> <br /> For the evaluation process to be meaningful all answers must accurately reflect the conclusions of the person completing the form, based on a thorough analysis of the contractor’s performance on that specific agreement. Some questions may require more than a simple yes or no answer. If that is the case the comments should be written on a separate page and attached to the evaluation report.<br /> <br /> Properly used the Performance Evaluation can be of considerable value to MoDOT in effectively managing contract negotiations work. It is intended to serve as the documentary basis for the retention or dismissal of contract negotiators. If contractors are to be removed from the Roster of Approved Contract Negotiators based on poor performance, they must be notified in writing.<br /> <br /> '''A. Distribution of Evaluation Form'''<br /> <br /> Upon completion of the district section of the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Contract%20Negotiator%20Performance%20Form%207.8.7.pdf Performance Evaluation], it is to be signed by the preparer, a copy retained by the district, and one copy submitted to the Right of Way Section. A copy shall also be given to the contract negotiator.<br /> <br /> '''B. Notification to Contract Negotiator of Removal from Roster of Approved Contract Negotiators (Form 7-8.2)'''<br /> <br /> If after one or more examples of unsatisfactory performance, which results in a recommendation to remove from the Roster of Approved Contract Negotiators, a letter signed by the Asst. to the State Design Engineer - Right of Way shall be mailed to the contract negotiator advising that they have been removed from the Roster of Approved Contract Negotiators.<br /> <br /> ==236.7.9 Special Benefit Acquisitions==<br /> <br /> ===236.7.9.1 Purpose===<br /> <br /> This information establishes MoDOT’s procedures for partial acquisitions from properties that result in Special Benefits to the remainder.<br /> <br /> ===236.7.9.2 Special Benefit Acquisitions===<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Special%20Benefit%20Offer%20Letter%20Form%207.9.2.docx Special Benefits] are those benefits accruing to the land adjacent to the public improvements that do not accrue to the public at large. When an appraisal reveals an enhancement in the value of an owner's remaining property the enhanced value may merely be reflected in a lowered estimate of Just Compensation, or it may result in a zero indication of Just Compensation. Both situations are to be considered Special Benefit cases.<br /> <br /> Special benefits reflected in an appraisal must be supported with concurrence from district counsel and written documentation attached to the appraisal.<br /> <br /> Dual compensation amounts will be offered to owners of residentially improved properties, to reflect the acquisition area with special benefits to the remainder, and the acquisition of the entire property at its before value.<br /> <br /> Dual offers for residentially improved properties are implemented at the discretion of the Asst. to the State Design Engineer - Right of Way. It will be solely the discretion of the Asst. to the State Design Engineer - Right of Way to apply this policy to other than residential property. The size and value of a remainder may dictate the MHTC’s ability to acquire entire large, higher valued properties.<br /> <br /> '''A. Dual [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Special%20Benefit%20Offer%20Letter%20Form%207.9.2.docx Offers for Special Benefits] on Residentially Improved Properties'''<br /> <br /> Dual offers are to be extended at the initiation of negotiations for properties where residential improvements are affected.<br /> <br /> No single-family dwelling that has contributory value, whether occupied or unoccupied at the effective date of appraisal or date of acquisition, shall be compensated at less than its contributory value due to the assessment of special benefits. Further, an occupied dwelling must be compensated for on the basis of its value as a residential use.<br /> <br /> '''First Offer'''<br /> <br /> If the acquired dwelling is occupied or unoccupied, and contributes to the before value, the first offer would reflect at least the value of the dwelling and supporting land and improvements.<br /> <br /> If the acquired dwelling is unoccupied and has no contributory value before the acquisition, the first offer will be the reduced or zero offer.<br /> <br /> '''Second Offer'''<br /> <br /> In every case, the second offer will reflect the total before property value, based on its highest and best use before the acquisition.<br /> <br /> '''B. Acquisition of Residential Dwelling With Contributory Value – Whether Occupied or Unoccupied'''<br /> <br /> (Occurs when the highest and best use before acquisition is residential, and the highest and best use after acquisition is a higher, more valuable use.)<br /> <br /> If there are special benefits to a remainder, and an occupied or unoccupied dwelling which has value in the before situation is to be acquired, a dual offer will be prepared and extended to the owner at the initiation of negotiations. Offers to acquire an occupied or unoccupied dwelling will include compensation based on the contributory value of the dwelling, residential outbuildings, and supporting land, plus any additional contributory value of other land area in the acquisition, which will have been set out in the appraisal review. The second offer will be the entire before value as set out in the appraisal review.<br /> <br /> '''C. Acquisition of an Occupied Dwelling With No Contributory Value to the Current Highest and Best Use'''<br /> <br /> (Occurs when the highest and best use of the land, before the acquisition, is greater than residential.).<br /> <br /> If there are special benefits to a remainder, and an occupied dwelling which has no contributory value in the before situation is to be acquired, a dual offer will be prepared and extended to the owner at the initiation of negotiations. The first offer will be at least the value of the dwelling, residential outbuildings, and supporting land, approved in the appraisal review. The second offer will be the entire before value as set out in the appraisal review.<br /> <br /> '''D. Acquisition of Unoccupied Dwelling That Has No Contributory Value to the Current Highest and Best Use'''<br /> <br /> If there are special benefits to a remainder and an unoccupied dwelling, which has no contributory value in the before situation is to be acquired, the property shall be appraised for its highest and best use in both the before and after situation with no special consideration being given the improvements.<br /> <br /> No dual offer would be necessary in this situation.<br /> <br /> <br /> <br /> [[category:236 Right of Way|236.07]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=236.7_Negotiation&diff=51772 2022-08-23T20:14:26Z

<p>Hallej1: /* 236.7.1.14 Delivery of Payments */</p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:15px; border: 1px solid #cccccc; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;310px&quot; align=&quot;right&quot; <br /> |- <br /> |'''Forms'''<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Administrative%20Settlement%20Justification%20Letter%20Form%207.3%203%201.pdf Administrative Settlement Justification Letter (Form 7-3.3.1)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Application%20Employment%20Contract%20Negotiator%20Form%207.8.1.pdf Application for Employment as Contract Negotiator (Form 7.8.1)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation (Form 6.4.3)]<br /> |-<br /> |[http://epg.modot.org/forms/RW/Chapter%207_Negotiation/Contract%20Negotiator%20Performance%20Form%207.8.7.pdf Contract Negotiator Performance Evaluation (Form 7-8.7)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Disclaimer%20of%20Interest%20in%20Tenant%20Owner%20Form%207.2.5C.docx Disclaimer of Interest in Tenant Owned Improvement (Form 7-2.5C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Donation%20Letter%20waiver%20of%20Appraisal%20Form%207.2.12.docx Donation Letter &amp; Waiver of Appraisal (Form 7-2.12)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Title%20VI%20Survey.doc MoDOT Public Participation Survey (Title VI Survey)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Title%20VI%20Survey.pdf MoDOT Public Participation Survey (Title VI Survey) – External Version]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator's Report (Form 7-2.13)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%207_Negotiation/Offer%20Letter%20Form%20-%20Capital%20Improvements%207.6.3.docx Offer Letter Form – Capital Improvements (Form 7.6.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20prior%20Cond%20Form%207.2.5.D.docx Offer Letter - Combined Fee and Tenant Owners - Use Prior to Condemnation (Form 7.2.5D)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Owner%20Form7.2.5.A.docx Offer Letter - Fee Owner (Form 7.2.5A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Owner%20No%20Declaimer%20Form%207.2.5.B.2.docx Offer Letter - Tenant Owner No Disclaimer (Form 7.2.5B(2))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Form7.2.5.B.1.docx Offer Letter - Tenant Owner with Disclaimer (Form 7.2.5B(1))]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%207_Negotiation/Preliminary%20Contract%20Form%207.8.3.docx Preliminary Contract Negotiation Fee Estimate (Form 7-8.3)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%207_Negotiation/Pre-trial%20report%20Exh%205E.1.docx Pre-Trial Report]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20Owners%20section.pdf Prorata Real Estate Tax Claim, Owner's Section (Form 7-2.22C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20MoDOT%20section.pdf Prorata Real Estate Tax Claim, MoDOT's Section (Form 7-2.22D)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Renewal%20Application%20Contract%20Negotiator%20Form%207.8.1.A.pdf Renewal Application for Employment as Contract Negotiator (Form 7-8.1a)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20Allocation%20Gross%20Proceeds%20Form%207.7.3.pdf Request for Allocation of Gross Proceeds (Form 7-7.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20for%20TIN%20and%20Allocation%20of%20Gross%20Proceeds%20Form%207.7.3.A.docx Request for Taxpayer Identification Number and Allocation of Gross Proceeds - Sample Letter (Form 7-7.3A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Requirements%20for%20the%20Retention%20Form%207.4.2C.pdf Requirements for the Retention of Improvements (Form 7-4.2C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved Contract Negotiators (Form 7-8.2)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Release%20Funds%20Held%20in%20Escrow%20Form%207.1.17.docx Sample Letter - Release of Funds Held in Escrow (Form 7-1.17C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Special%20Benefit%20Offer%20Letter%20Form%207.9.2.docx Sample Letter - Special Benefit Offer Letter (Form 7-9.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Check%20to%20Owner%20Form%207.1.17.docx Sample Letter - Transmittal of Check to Owner (Form 7-1.17A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Checks%20to%20Escrow%20Agent%20Form%207.1.17.B.docx Sample Letter - Transmittal of Checks to Escrow Agent (Form 7-1.17B)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Settlement%20Trial%20Report%20Exh%205E.2.docx Settlement/Trial Report]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Written%20Notice%20of%20the%20Intended%20Acq%20of%20ODA%20Form%20236.7.2.6.docx Written Notice of the Intended Acquisition for Outdoor Advertising (Form 236.7.2.6)]<br /> |-<br /> |Forms RW2, RW8, RW10, RW15, RW20, RW23, RW25, RW33, RW34 and RW35 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].<br /> |}<br /> <br /> ==236.7.1 General Provisions==<br /> <br /> ===236.7.1.1 Authority===<br /> <br /> The Missouri Highways and Transportation Commission is empowered by law, [https://revisor.mo.gov/main/OneSection.aspx?section=227 Chapter 227.120, RSMo.], to purchase, lease or condemn lands in the name of the Missouri Highways and Transportation Commission for purposes deemed necessary for the proper and economical construction and maintenance of state highways. The Commission approves by Certification the detail plans of each project and authorizes the Chief Engineer to acquire all the land, property and rights indicated on said plans by purchase or the Chief Counsel to acquire by condemnation. The Asst. to the State Design Engineer - Right of Way has authority to acquire land, property and rights as indicated on right of way plans through the district right of way offices. <br /> <br /> ===236.7.1.2 Project Authorization===<br /> <br /> Acquisition of property rights cannot commence on any project until the project manager obtains acquisition authority as described in [[236.3 Administration#236.3.4 Right of Way Acquisition Authority and Project Funding|EPG 236.3.4 Right of Way Acquisition Authority and Project Funding]].<br /> <br /> ===236.7.1.3 Hardship Acquisition Authorization===<br /> <br /> Justification for a [https://epg.modot.org/index.php?title=236.3_Administration#Request_for_Hardship_Acquisition hardship acquisition] must be reviewed and approved by the Asst. to the State Design Engineer - Right of Way on a parcel-by-parcel basis.<br /> <br /> ===236.7.1.4 Protective Buying Authorization===<br /> <br /> Justification for a protective purchase to prevent imminent development and increased costs of a parcel, must be reviewed and approved by the Asst. to the State Design Engineer - Right of Way on a parcel-by-parcel basis. Refer to [https://epg.modot.org/index.php?title=236.3_Administration#Contents_of_Request EPG 236.3.4.5 Advance Acquisition - Hardship and Protective Buying] for more information.<br /> <br /> ===236.7.1.5 Who Conducts Negotiations===<br /> <br /> '''Staff Negotiations'''<br /> <br /> The term &quot;negotiator&quot; as used here refers to any member of the right of way staff performing negotiations for property or property rights.<br /> <br /> By authority of the Missouri Highways and Transportation Commission, negotiations for the acquisition of real property and/or property rights for highway purposes are conducted by qualified right of way personnel. Such personnel must meet the minimum qualifications for the position of right of way specialist as outlined in the Missouri Department of Transportation's Job Specifications Manual. Other right of way personnel not meeting these minimum qualifications can perform negotiations under the direct guidance of the district right of way manager, the chief negotiator, or a qualified senior or certified right of way specialist.<br /> <br /> Individuals, who determine values on waiver valuations, may establish just compensation as well as negotiate with the owner for acquisition. An appraiser/negotiator, must fulfill the requirements of owner contact as outlined in [[236.7 Negotiation#236.7.2 Guidelines and Procedures|EPG 236.7.2]].<br /> <br /> '''Contract Negotiations'''<br /> <br /> Contract negotiators may conduct negotiations under written agreement as described in [[236.7 Negotiation#236.7.8 Contract Negotiation|EPG 236.7.8]]. The amount of the fee shall be established on a parcel basis. The Right of Way Section must approve contract negotiators prior to employment. The Right of Way Section maintains a Roster of Approved Contract Negotiators (Form 7-8.2).<br /> <br /> ===236.7.1.6 Acquisition of Real Property Interest===<br /> <br /> All rights, title, interest of fee hold and subordinate interests in real property are to be acquired as necessary, for the proper and economical construction, operation, protection, support, preservation and maintenance of state highways.<br /> <br /> Generally, the use of Partial Deeds of Releases or Subordinations, on mortgages and deeds of trust are '''not''' necessary when:<br /> <br /> :*The approved compensation is based on the use of a waiver valuation.<br /> :*Only a partial acquisition is involved and the property remaining has adequate value to secure the existing mortgage or deed of trust.<br /> :*Access rights are '''not''' being acquired.<br /> :*The property is '''not''' being condemned.<br /> <br /> This list is a general guide and is not intended to be all-inclusive. The district right of way manager should be aware of all situations waiving partial releases and subordinations.<br /> <br /> The Right of Way Section, with concurrence from Chief Counsel's Office, approves exceptions to the acquisition of other property rights on an individual case or project basis. Exceptions may be, but are not limited to, the reservation of subsurface mineral rights, gas storage rights or a limitation on vertical dimension for multiple uses.<br /> <br /> ===236.7.1.7 Public Information Brochure===<br /> <br /> A brochure entitled '''[http://eprojects/Templates/RW/Chapter%207_Negotiation/Pathways%20for%20Progress%20brochure.pdf Pathways for Progress]''' is available to the general public and for distribution at all public hearings for highway projects. It briefly describes the department's general procedures in the phases of appraisal, negotiation, settlement, closing, mediation and eminent domain.<br /> <br /> ===236.7.1.8 Pre-Negotiation Public Relations Contact===<br /> <br /> Acquisition personnel may be assigned, commensurate with anticipated problems, to make calls upon property owners and discuss acquisition procedures and provide general information concerning the proposed highway project. An employee, who may later be involved with the appraisal, negotiation, or relocation for the project, may make such calls. Care should be taken to avoid discussing assumptions, possible offers, possible damage, or value conclusions. This initial call should be brief and is only intended to provide project information, and promote the public relations.<br /> <br /> ===236.7.1.9 Negotiating Through a Third Party===<br /> <br /> Negotiations shall not be conducted through a third party unless the property owner has provided written authorization, or the third party is a legally appointed representative for the owner. If an attorney has been retained, and the owner has provided a written authority, all negotiations must be conducted with the attorney unless a written waiver of negotiations is received from the attorney.<br /> <br /> ===236.7.1.10 Initiation of Negotiations===<br /> <br /> The term &quot;Initiation of Negotiations&quot; relates to the date on which the department presents the owners of the subject parcel, or their designated representative, a written offer for the property or rights to be acquired. When non-resident owners are involved who cannot be contacted in person, initiation of negotiations for the parcel shall be the date such owners or their designated representative received the first communication by mail or telephone from the department in which a monetary offer to purchase is made. (Certified mail with return receipt requested must be used when the above contact is made by mail to establish and document the date that the written offer is received by the relocatee or by the relocatee's representative.)<br /> <br /> ===236.7.1.11 Relocation Assistance Information===<br /> <br /> Residential owner occupants being displaced are to be provided an explanation of the relocation benefits for which they are eligible. Offers to acquire property and/or property rights are not to be made to displaced owner occupants until the owner can be provided with the required relocation information.<br /> <br /> ===236.7.1.12 Relocation Section Notices===<br /> <br /> [http://eprojects/Templates/RW/Chapter%208_Relocation/Initiation%20of%20Negotiations%20Statement%20From%20236.8.5.5.docx &quot;Initiation of Negotiations Statement&quot;] (RA Form 8-5.5)<br /> <br /> This form is to be submitted to the district relocation section immediately after the first initiation of negotiation on a project, and immediately after initiation of negotiations for each individual parcel, affected by the relocation program. This form is not applicable to parcels not affected by the relocation program.<br /> <br /> [http://eprojects/Templates/RW/Chapter%208_Relocation/Acquisition%20Statement%20Form%20236.8.5.8.B.docx &quot;Acquisition Statement&quot;] (RA Form 8-5.8(b))<br /> <br /> This form is to be completed by the negotiator and submitted to the relocation section immediately after all interest in the parcel is acquired when the relocation program affects the parcel.<br /> <br /> ===236.7.1.13 Pre-Negotiation Preparation===<br /> <br /> The accumulation of materials and information necessary to conduct and complete negotiations for the orderly and efficient acquisition of the proposed property and property rights is the logical first step in negotiation. At a minimum, the negotiator should be supplied with the following information:<br /> <br /> :*Title reports of all recorded interests<br /> :*Documents necessary to acquire all interests<br /> :*Right of way plans<br /> :*Appraisal reports<br /> :*Offer letter<br /> <br /> In order to make an informed explanation of the proposed acquisition to an owner, the negotiator should make a comprehensive study of the plans, title report, documents and appraisal report. The negotiator should also know what documents will be required for closing depending on ownership and value of the property. The checklist of items (provided in the links following), include those required documents, depends on whether [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator%20Packet%20Table%20of%20Contents%20-%20Closing%20with%20MoDOT.doc MoDOT] or a [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator%20Packet%20Table%20of%20Contents%20-%20Closing%20with%20Title%20Company.doc title company] will be conducting the closing.<br /> <br /> The following information must be entered in the Parcel Acquisition screen in RWPA for each parcel being acquired: Parcel Number, Classification, Status and any Fee Holder and Tenants.<br /> <br /> ===236.7.1.14 Delivery of Payments===<br /> <br /> '''Owners and Tenants'''<br /> <br /> At the discretion of the district right of way manager any full-time right of way employee may deliver payment checks for acquisition of property interests.<br /> <br /> Upon personal delivery of each check the responsible right of way employee is to obtain the signature of the recipient acknowledging receipt of the payment.<br /> <br /> Payments mailed to owners shall be by certified mail with return receipt requested. A [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Check%20to%20Owner%20Form%207.1.17.docx sample letter] (Form 7-1.17A) is available for sending checks to owners/tenants.<br /> <br /> The Mailed Check Letter and Receipt of Check must be entered in eProjects under the applicable project and parcel.<br /> <br /> The following information must be entered in the Parcel Acquisition screen in RWPA for each parcel being acquired: Physical Possession Obtained and Legal Possession obtained.<br /> <br /> '''Escrow Agents'''<br /> <br /> Payments to escrow agents may be delivered by any person or by certified mail with return receipt requested. Submission of payments to escrow agents shall be [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Checks%20to%20Escrow%20Agent%20Form%207.1.17.B.docx by letter] (Form 7-1.17B). Owners are to be notified in writing of the date their payment is delivered to escrow agent.<br /> <br /> '''Release of Funds in Escrow'''<br /> <br /> To release funds retained in escrow for removal of improvements, etc., the escrow agent shall be notified by [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Release%20Funds%20Held%20in%20Escrow%20Form%207.1.17.docx written notice] (Form 7-2.17C) with a copy mailed to owner involved. Escrow agents shall furnish proof of disbursement of all funds for parcel files.<br /> <br /> ===236.7.1.15 Recording of Documents===<br /> <br /> All documents conveying land, easements, realty rights, mortgage releases and restrictive easements to the Commission, regardless of the consideration recited therein, shall be recorded in the appropriate recorder of deeds office and uploaded in eProjects under the applicable project and parcel. <br /> <br /> The following data fields must be entered in RWPA on the Deeds screen, including when the acquisitions are donated: Fee Holder Deed Signed (date), Deed Recorded (date), Book Recorded No., Page Recorded No., Document No.(whichever are applicable), check the free deed box if the parcel was donated. Area acquired: provide the amount of acres/square feet acquired in each category: permanent right of way, temporary easement, permanent easement, utility easement and unity of measure.<br /> <br /> It is not required to record disclaimers, rights of entry, releases of outdoor advertising rights and signs acquired, releases for LP tanks, or other documents that do not convey an interest in land being acquired. If tenants have a recorded lease, it may be necessary to record any of the above documents that may impact lease provisions.<br /> <br /> Special agreements prepared by the Chief Counsel that convey, alter or qualify property rights between the parties will be recorded unless otherwise indicated by the Chief Counsel's office.<br /> <br /> ==236.7.2 Guidelines and Procedures==<br /> <br /> ===236.7.2.1 Purpose===<br /> <br /> This information establishes guidelines and procedures related to the acquisition function in negotiations for land, property and rights needed for the proper and economical construction and maintenance of state highways. The intent and purpose is to assure uniform acquisition practices, which will provide consistent and equitable treatment for owners and tenants of real property acquired.<br /> <br /> ===236.7.2.2 General Procedure===<br /> <br /> All negotiations shall be expeditious and result in the property owner receiving just compensation; the settlement being just and fair to the owner and the public; every courtesy, consideration and patience being extended to the property owner; and create trust in the Missouri Department of Transportation Department and its employees.<br /> <br /> All offers shall represent the approved amount of Just Compensation as determined through the department's valuation procedures. The negotiator shall make a reasonable effort to demonstrate and promote confidence in the Approved Just Compensation offer.<br /> <br /> If the negotiator discovers facts, which were not recognized in the Just Compensation, the information shall be made available to the district right of way manager. Full consideration to and evaluation of these items will be made prior to continuation of negotiations.<br /> <br /> Negotiators must demonstrate that they represent the interests of the property owner as well as those of the public. Care should be exercised at all times to protect the interests of owners who may be unfamiliar or inexperienced in real estate transactions.<br /> <br /> Negotiators are required to maintain a written Record of Negotiations, documenting that all elements of the transaction were given adequate consideration and that there was a mutual understanding between the negotiator and the property owner.<br /> <br /> ===236.7.2.3 Prompt Offer of Just Compensation===<br /> <br /> All offers of Approved Just Compensation shall be promptly presented to property owners or their designated representatives. A minimum offer of $500 shall be made to a property owner when the appraised value is determined to be less than $500. It may be appropriate to reduce the minimum offer under certain circumstances with the approval of the Assistant to State Design Engineer – Right of Way. If approved, a reduced minimum offer will apply to the entire project. District management should determine the appropriate timing for delivery of offers within the scope of good negotiating practices. An offer letter must be presented to the owner at least 30 days prior to filing a condemnation petition, as further described in [[236.10 Right Of Way Condemnation|EPG 236.10]].<br /> <br /> ===236.7.2.4 Offer Letter and Supporting Documentation===<br /> <br /> Use [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Owner%20Form7.2.5.A.docx Form 7.2.5A], [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Form7.2.5.B.1.docx 7.2.5B(1)], or [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Owner%20No%20Declaimer%20Form%207.2.5.B.2.docx 7.2.5B(2)]. Delete unused phrases and instructions. Use the date the offer letter is delivered or mailed to the owner.<br /> <br /> '''A. Delivery of Offer Letter'''<br /> <br /> Offer Letters must be hand delivered or sent by certified mail. A cover letter providing an explanation of the proposed acquisition and the supporting documents described in EPG 236.7.2.4C should be included if the offer is delivered by mail. If an offer must be made by phone, it must be followed with an offer letter and all required attachments sent by certified mail.<br /> <br /> When an owner has authorized a designated representative and so notified MoDOT in writing, or there is a court-appointed representative, the Offer Letter need only by delivered to the representative.<br /> <br /> '''B. Initiations of Negotiations'''<br /> <br /> Delivery of an Offer Letter establishes the Initiation of Negotiation date for a parcel. Initiation of negotiations is established by the delivery of an offer letter to one owner of a multiple ownership, but all owners are to be furnished all relevant offer items described in EPG 236.7.2.4C.<br /> <br /> '''C. Supporting Documents'''<br /> <br /> Upon initiation of negotiations for the acquisition of property or property rights from a property, each owner or representative will be provided with the following:<br /> <br /> :*Offer letter<br /> :*Appraisal or waiver valuation<br /> :*[http://eprojects/Templates/RW/Chapter%207_Negotiation/Pathways%20for%20Progress%20brochure.pdf Pathways for Progress brochure]<br /> :*Conveyance documents<br /> :*Blank Escrow Agreement, if applicable<br /> :*Pro Rata Real Estate Tax Claim form<br /> :*Plan sheet, portion of plan sheet or plat illustrating the acquisition and the remainder<br /> :*When applicable and appropriate, provide [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20Allocation%20Gross%20Proceeds%20Form%207.7.3.pdf Request for Allocation of Gross Proceeds], (Form 7-7.3).<br /> :*MoDOT Public Participation Survey (Title VI Survey).<br /> <br /> When the MoDOT Public Participation Survey (Title VI Survey) is returned, the information provided should be entered in the Parcel Acquisition screen in RWPA under the applicable project and parcel.<br /> <br /> '''D. Donation'''<br /> <br /> An offer letter is not required when requesting donated property and property rights. Refer to [[#236.7.2.11 Donation of Real Property|EPG 236.7.2.11 Donation of Real Property]].<br /> <br /> ===236.7.2.5 Offer Letter Formats===<br /> <br /> '''A. Fee Owners'''<br /> <br /> Applicable portions of the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Owner%20Form7.2.5.A.docx Offer Letter - Fee Owner] (Form 7.2.5A), along with the appraisal or waiver valuation, are to be delivered to the fee owner or a designated representative.<br /> <br /> '''B. Tenant Owners'''<br /> <br /> :1. Offer Letter - Fee Interest Acquired or Disclaimed<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Form7.2.5.B.1.docx Offer Letter-Tenant Owner] (Form 7.2.5B(1)) is to be used for offers to owners of tenant-owned improvements when the owners of the land have conveyed their interest, or when the landowners have disclaimed all interest in the tenant-owned improvements.<br /> <br /> :2. Offer Letter - Fee Interest '''Not''' Acquired or Disclaimed<br /> <br /> :When the land owners have not conveyed or disclaimed their interests in the tenant-owned improvements, the offer to tenant-owners will be made by use of a letter designated as [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Owner%20No%20Declaimer%20Form%207.2.5.B.2.docx Offer Letter - Tenant Owner No Disclaimer], (Form 7.2.5B(2)) with a [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Disclaimer%20of%20Interest%20in%20Tenant%20Owner%20Form%207.2.5C.docx Disclaimer] (Form 7.2.5C) attached.<br /> <br /> :The tenant offer will be conditioned upon the tenant obtaining execution of the necessary disclaimers. Completion of the transaction including Release of Structures and Leasehold, (CCO RW15) (Form RW15 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) and payment shall not be made unless the landowners convey their interest by deed or provide a disclaimer.<br /> <br /> '''C. Disclaimer by Owner in Tenant Owned Improvements'''<br /> <br /> When a separate amount of just compensation is approved for an improvement owned by a party other than the owner of the land, payment for such improvement shall not be made unless the owner of the land disclaims all interest in the tenant-owned improvement. The fee owner may disclaim interest in such improvement by execution of either a deed of conveyance of right, title and interest or a [[media:236.7 Form 7-2.5C.docx|Disclaimer]] (Form 7.2.5(C)).<br /> <br /> When the fee owner does not execute a deed or a disclaimer, the offer of just compensation for the improvement and the disclaimer will be presented to the tenant owner with the condition that settlement will be made provided that the tenant is successful in obtaining execution of the necessary disclaimers.<br /> <br /> '''D. Combined Fee-Owner and Tenant-Owner Offer Letter for Condemnation Purposes'''<br /> <br /> Immediately prior to condemnation proceedings for a parcel where tenant-owned structures are involved, a letter designated [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20prior%20Cond%20Form%207.2.5.D.docx Offer Letter - Combined Fee and Tenant Owners], (Form 7.2.5D), is to be presented to all fee owners of record or their designated representative with a copy of the letter to all tenant owners.<br /> <br /> This offer will be the total of the amounts of just compensation approved for fee and tenant owners. The brochure, deed and valuation document are not required with this letter.<br /> <br /> '''E. Revised Offers'''<br /> <br /> When the approved just compensation has been presented to the owner and it is revised through the appraisal process, it is necessary to provide such owners with an offer letter reflecting the revised figure and reason for the revision.<br /> <br /> :'''1'''. Fee Owners<br /> <br /> :The first paragraph of [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Owner%20Form7.2.5.A.docx Offer Letter - Fee Owner] (Form 7.2.5A) will be omitted and replaced with the<br /> following paragraph for revised offers.<br /> <br /> ::&quot;In a previous letter you were offered the sum of $____________ for certain real property and rights needed for improvement of the above highway project. It is necessary to revise that offer previously made to you because ____________.&quot;<br /> <br /> :Use the remaining paragraphs from the original letter, and the following, if appropriate. “Also attached is a revised valuation document”.<br /> <br /> :'''2'''. Tenant Owners<br /> <br /> :The first paragraph of Offer Letter - Tenant Owner, Forms [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Form7.2.5.B.1.docx 7.2.5B(1)] and [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Owner%20No%20Declaimer%20Form%207.2.5.B.2.docx 7.2.5B(2)], will be omitted and replaced with the following paragraph for revised offers.<br /> <br /> ::&quot;In a previous letter you were offered the sum of $____________ for certain structures located on property needed for improvement of the above highway project. It is necessary to revise that offer previously made to you because _____________________.&quot;<br /> <br /> :Use the remaining paragraphs from the original letter, and the following, if appropriate.<br /> <br /> '''F. Rescinded Offers'''<br /> <br /> In certain situations, it may be necessary to rescind an offer due to a plan change, delay in funding, etc., that eliminates the need to acquire any property and property rights. When this occurs, a written notice rescinding the offer shall be sent to the property owner by certified mail. The notice should include the reason an acquisition from the property is no longer needed.<br /> <br /> ===236.7.2.6 Improvements Acquired or Damaged===<br /> <br /> '''A. Interest in Improvements Acquired'''<br /> <br /> An equal interest shall be acquired in all buildings, structures or other improvements determined to be a part of the real property when such improvements are to be removed from the land acquired.<br /> <br /> '''B. Improvements Located Partially Within the Acquisition Area'''<br /> <br /> Improvements located partially within the acquisition area that are designated for removal as indicated by temporary easements shall be totally removed, unless the owner retains the improvement and cuts it at the new boundary line.<br /> <br /> The decision to allow an owner to retain and cut an improvement at the new boundary line, must be made during negotiations. In making this decision the owner is to understand that the Department will have to reevaluate its offer through the appraisal process. If a revised offer is unacceptable to the owner, the original offer and plan for total removal of the improvement will apply and if necessary condemned as originally designed.<br /> <br /> '''C. Fee-Owned Improvements'''<br /> <br /> Owners will be compensated for any loss in fair market value of improvements that are not required to be removed but are adversely affected as a result of the acquisition, as determined by appraisal.<br /> <br /> '''D. Tenant-Owned Improvements'''<br /> <br /> Tenant-owned improvements will be acquired by Release of Structures and Leasehold, (Form 7-2.7D (CCO RW15)). (Form RW15 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> :'''1'''. Improvements Acquired or Damaged - Release of Structures and Leasehold<br /> <br /> :Tenants who have the right or obligation to remove real property improvements that contribute to the real estate value, as determined in the appraisal process, have a compensable interest in those improvements. Compensation may include one or more of the following:<br /> <br /> ::*The contributory fair market value for the improvement being acquired, or the value for removal purposes which ever is greater<br /> ::*Damages the improvement suffers as a result of the acquisition<br /> ::*The value of any leasehold interest<br /> <br /> :'''2'''. No Payment to Tenant Before Fee Interest Acquired or Disclaimed<br /> <br /> :No payment shall be made to a tenant for an improvement unless the landowner involved conveys or disclaims all interest in the improvement.<br /> <br /> :'''3'''. Condemnation of Tenant-owned Improvements<br /> <br /> :Eminent Domain Law provides the same rights and protections to tenants and fee owners. Any tenant has the right to reject payment for improvements as outlined above and obtain payment for such property interests through eminent domain proceedings applicable to Missouri law. In these situations it will be necessary to condemn all interest in the property including the fee owner.<br /> &lt;div id=&quot;E. Acquisition of Outdoor Advertising Billboards&quot;&gt;&lt;/div&gt;<br /> <br /> '''E. Acquisition of Outdoor Advertising Billboards'''<br /> <br /> Outdoor advertising structures are defined as all signs, billboards, drawings or paintings which advertise activities conducted elsewhere or services and/or products provided other than at the subject property. They should not be confused with on-premise signs, which advertise activities conducted on the premises or services and/or products provided on the property.<br /> <br /> It has been determined that owners of outdoor advertising signs have the right or obligation to remove such structures at the termination of the lease or agreement. Therefore, such structures are generally acquired like other tenant-owned improvements, as addressed above, with the following exceptions.<br /> <br /> :'''1'''. Outdoor Advertising Structures Considered Real Estate<br /> <br /> :All outdoor advertising structures shall be valued as real estate and an offer made for just compensation. In the event a sign is categorized as Conforming out of Standard by the Outdoor Advertising staff, the right of way staff will follow the Sign Agreement Reset Program procedures.<br /> <br /> :'''2'''. Salvage of Outdoor Advertising Billboards<br /> <br /> :Retention and salvage of outdoor advertising structures is permitted, provided the offer is reduced by the salvage value established in the valuation process. The salvage value may be waived or reducted during negotiations to reach an administrative settlement.<br /> <br /> :As a means to facilitate negotiations, district right of way may agree to leave the sign in place for a specified period of time by use of an Extension of Possession Agreement (CCO RW12). The agreement must state a maximum time period for the sign to be left in place, and a physical possession date must be agreed to by the parties. The physical possession date shall be specific, and not merely include phrases like, “until construction of the project,” “until needed for construction,” etc. For more information on removal procedures, refer to [https://epg.modot.org/index.php?title=236.5_Property_Management#236.5.26_Acquired_Improvements EPG 236.5.26].<br /> <br /> :Outdoor advertising structures located partially within the acquisition area shall be totally removed unless the owner of the sign retains the structure and modifies it to completely avoid Commission owned property. Contact your local outdoor advertising permit specialist for specific requirements related to modifying existing outdoor advertising structures. See [[236.16 Outdoor Advertising|EPG 236.16]] for additional information pertaining to outdoor advertising.<br /> <br /> The Outdoor Advertising Profile Report, which is generated by the outdoor advertising permit specialist, shall be completed by district right of way and returned to the outdoor advertising permit specialist once the acquisition of the billboard is complete.<br /> <br /> '''Sign Agreement Reset Program – Partial Waiver and Reset Agreement'''<br /> <br /> Legislation from 2012, HB1402, allows sign owners who meet the conforming out of standard sign criteria the option to accept just compensation or waive a portion of their right to just compensation and reset a qualifying sign. Sign owners that choose to accept just compensation are eligible to salvage the sign, however the sign permit will be cancelled by the Outdoor Advertising Specialist.<br /> <br /> Conforming out of standard signs are categorized as signs that fail to meet the current statutory and administrative rule requirements but comply with the terms of the federal state agreement and meet the statutory requirements of 1999. (See [[236.16 Outdoor Advertising#236.16.7.3 Conforming Out of Standard|EPG 236.16.7.3 Conforming Out of Standard]].)<br /> <br /> Displaced signs will be reviewed by outdoor advertising staff to determine the sign qualifications. If the qualifying sign meets the reset requirements as determined by the Outdoor Advertising Profile Report (refer to [[236.16 Outdoor Advertising#236.16.19 Sign Structures Affected by Highway Projects|EPG 236.16.19 Sign Structures Affected by Highway Projects]]), Right of Way staff will offer just compensation to the sign owner for the purchase of the sign. The sign owner will also be offered the sign reset option that allows them to move the sign elsewhere within the same property or on an adjoining property. It is the sign owners choice to accept either just compensation or the reset option.<br /> <br /> Guidelines for the Conforming Out of Standard Sign Acquisition:<br /> <br /> * Right of Way staff will notify outdoor advertising staff of an affected sign. Affected sign includes billboards located within the project limits.<br /> <br /> * Outdoor Advertising staff will complete the Outdoor Advertising Profile Report (EPG 236.16.19) to determine qualification of the affected sign and provide a copy to the Right of Way Manager.<br /> <br /> * If the sign is classified as Conforming Out of Standard, the right of way staff will provide the sign owner the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Written%20Notice%20of%20the%20Intended%20Acq%20of%20ODA%20Form%20236.7.2.6.docx Written Notice of the Intended Acquisition for Outdoor Advertising (Form 236.7.2.6)].<br /> <br /> * Right of Way staff will appraise the affected sign for just compensation and appraise the [[236.6 Appraisal and Appraisal Review#Reset Option|reset option compensation]] as described in the appraisal guidance. <br /> <br /> * Right of Way staff will obtain the disclaimer from the property owner. (Refer to [[#236.7.2.5 Offer Letter Formats|EPG 236.7.2.5 Offer Letter Formats]].)<br /> <br /> * Right of Way staff will prepare the offer letter for just compensation.<br /> <br /> * Right of Way staff will prepare the Partial Waiver and Reset Agreement with the assistance from the Outdoor Advertising Specialist and provide the Outdoor Advertising Specialist a copy. The reset compensation is a solitary payment and will not be supplemented by any other payment type.<br /> <br /> * The Right of Way staff will present the offer letter and explain the reset option to the sign owner who will choose their preferred option of compensation. It may be beneficial for the Outdoor Advertising Specialist to accompany the right of way staff at this meeting.<br /> <br /> * If the sign owner chooses the reset option, the sign owner will obtain the necessary support documents outlined within the Partial Waiver and Reset Agreement, execute the Agreement, and return it to the Right of Way Specialist. The Right of Way Specialist will provide a copy of the Agreement to the Outdoor Advertising Specialist who will amend the sign permit.<br /> <br /> * The Right of Way Specialist will process the payment outlined within the Partial Waiver and Reset Agreement and retain a portion of the reset payment within an escrow account. The retained portion should equal the cost of the sign removal in the event the sign owner does not remove the existing sign.<br /> <br /> * The Outdoor Advertising Specialist will conduct a final inspection to determine if the sign has been removed from the construction limits within the allotted time frame. (Refer to [[236.16 Outdoor Advertising#236.16.19 Sign Structures Affected by Highway Projects|EPG 236.16.19 Sign Structures Affected by Highway Projects]].)<br /> <br /> * The Outdoor Advertising Specialist will notify Right of Way that the sign has been removed from the construction limits. Right of Way will notify the Escrow Agent to release the funds in escrow to the sign owner.<br /> <br /> If the sign owner does not remove the sign from the project limits, Right of Way will notify the Project Manager to include the demolition in the construction contract.<br /> <br /> In the event the sign owner refuses just compensation and the reset option, the sign will be condemned as outlined in [[236.10 Right Of Way Condemnation#236.10.1 Introduction|EPG 236.10.1 Introduction]].<br /> <br /> '''F. On-premise Signs'''<br /> <br /> On-premise signs are those that advertise activities conducted on the premises or services and/or products provided on the property. All on-premise signs, including trademark and logo signs, shall be treated as personal property under the Relocation Assistance Program. The only exception would involve a situation in which the subject business facility is being acquired or there is insufficient remaining land on which to relocate the sign. Only these circumstances would necessitate that a sign be valued and acquired as real estate.<br /> <br /> '''G. Existing Private Utility Easements'''<br /> <br /> On projects where an existing utility is located on a private easement, and the limits of the new land acquired for the project will encompass the existing private utility easement, the district shall secure said easement rights by quitclaim deed (CCO RW2). The district utility engineer will work directly with the utility owners to obtain said quitclaim deeds. For information related to how to prepare the description to be included in the quitclaim deed, see [https://epg.modot.org/index.php?title=236.4_Description_Writing_and_Titles#236.4.6.6_Preparing_Quitclaim_Deeds_for_Execution_by_Utility_Companies_.28See_EPG_236.7.29 EPG 236.4.6.6].<br /> <br /> '''H. Acquisition of Mobile Homes'''<br /> <br /> Mobile home acquisitions must be accompanied by a Certificate of Title from the seller or, if originally purchased prior to August 28, 1989, and assessed as real estate, a statement from the County Assessor attesting to this fact, along with a notarized descriptive bill of sale from the seller.<br /> <br /> The Certificate of Title or statements must be submitted to the Department of Revenue within 30 days for transfer of title to the MHTC. There will be a penalty fee if renewal is more than 30 days after acquisition. For additional information, refer to [[236.6 Appraisal and Appraisal Review#Manufactured Homes|EPG 236.6.3.1.19.D.9]] and RSMo. 700.<br /> <br /> ===236.7.2.7 Valuation by a Negotiator – Separation of Functions===<br /> <br /> For acquisitions where Just Compensation was determined by a Value Finding or Standard appraisal format, the valuation and approval of Just Compensation must be prepared by an individual other than the individual that will present the offer letter and negotiate for the acquisition. On a simple valuation/acquisition situation, in which the valuation will be by waiver valuation, the same individual may estimate the Just Compensation and negotiate the acquisition. If the same individual performs both functions, the appraiser/negotiator must do the following:<br /> <br /> :*contact the owner<br /> :*deliver or mail the Pathways for Progress brochure<br /> :*advise the owner that the property will be inspected (invitation to accompany inspection is not required on waiver valuations)<br /> :*prepare a waiver valuation<br /> :*secure co-signature of the waiver valuation<br /> :*prepare an offer letter based on the waiver valuation<br /> :*deliver the offer letter to the owner, with all the supporting documents set out earlier in this section.<br /> <br /> ===236.7.2.8 Negotiation Contacts===<br /> <br /> '''A. Personal Contact'''<br /> <br /> Every reasonable effort shall be made to personally contact owners of real property or a designated representative who resides within the state. The negotiator shall explain the proposed acquisition and provide the owner or representative with those documents identified earlier in this section.<br /> <br /> '''B. In-State Owner Resides in Another MoDOT District'''<br /> <br /> If a property owner resides within the state, but outside the district where the property is located, and it is not practical for a local negotiator to make a personal contact, the owner may be contacted in person by a negotiator from another district. Requests to other districts for such assistance shall include all necessary documents and information essential to the negotiation assignment.<br /> <br /> When a personal contact is not practical, the owner may be contacted by certified mail, return receipt requested.<br /> <br /> '''C. Out-of-State Owner'''<br /> <br /> An out-of-state owner may be personally contacted, if practical, or contacted by telephone and certified mail, return receipt requested. When an owner is contacted by mail, provide the required written information identified earlier in this section, and an explanation of the proposed acquisition.<br /> <br /> ===236.7.2.9 Negotiation Procedures===<br /> <br /> The following is a general guide as to the number and content of negotiation contacts. Normally three contacts are needed to assure the owner’s understanding and confidence.<br /> <br /> During the first contact the negotiator is to:<br /> <br /> :*Provide brochure, [http://eprojects/Templates/RW/Chapter%207_Negotiation/Pathways%20for%20Progress%20brochure.pdf Pathways for Progress]<br /> :*Review title information<br /> :*Explain the right of way plans and provide plan sheet, portion of plan sheet, or plat illustrating the acquisition and the remainder<br /> :*Explain the acquisition procedures and provide blank Escrow Agreement, (Form 7-4.2 (CCO RW8)) if applicable<br /> :*Explain Proration of Taxes and provide [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20Owners%20section.pdf Prorata Real Estate Tax Claim, Owner's Section], (Form 7-2.22C)<br /> :*Provide the written Offer Letter<br /> :*Provide the appraisal or waiver valuation<br /> :*Provide conveyance documents<br /> :*Provide or agree to obtain answers to the owner’s questions<br /> :*Provide a [https://oa.mo.gov/sites/default/files/vendor_input_ach_eftd.pdf Vendor Input Form MO 300-1489] for completion.<br /> <br /> During the second contact the negotiator should review the items discussed during the first contact. The negotiator should give special attention to making sure the property owner understands the plans and the effect on the remaining property. Any additional questions the owner has should be answered.<br /> <br /> During the third contact the negotiator should attempt to get the owner to accept or reject the offer. If the owner fails to accept or reject the offer, or does reject the offer, the mediation and condemnation process are to be explained. The owner is to be advised that negotiations can continue until such time as the condemnation commissioners' report is filed.<br /> <br /> Obtain a taxpayer identification number (TIN) using a [https://oa.mo.gov/sites/default/files/vendor_input_ach_eftd.pdf Vendor Input Form MO 300-1489] as shown in [[236.7 Negotiation#236.7.7 1099 Reporting of Acquisitions|EPG 236.7.7]]. If a husband and wife own the property, either one can provide their TIN. Partnerships and trusts should have their own TIN that should be used for reporting real estate transactions. If there is more than one owner, other than a husband and wife, partnership or trust, each owner that is expected to receive an allocation of the proceeds shall be given a form on which to provide their TIN.<br /> <br /> During negotiations, the negotiator’s objective is to promote understanding of the design and reasonableness of the offer. If the owner disagrees with the offer, the negotiator should attempt to determine the reasoning of the owner’s opinion of value or their objections to design considerations. The owner’s opinion of value, reasoning, counteroffers and objections are to be documented in the negotiator’s report and discussed with the chief negotiator or district right of way manager. If the negotiator is unable to acquire the property for the approved offer, an administrative settlement may be considered as described in [[236.7 Negotiation#236.7.3 Administrative and Legal Settlements|EPG 236.7.3]].<br /> <br /> If at any stage of negotiations it is determined that a design change is appropriate and can facilitate successful negotiations, the district right of way manager and project manager will be consulted on the proposed change, and a decision made. The property owner is to be advised accordingly.<br /> <br /> '''A. Time to Consider Offer'''<br /> <br /> The property owner shall be allowed a reasonable period of time to consider the offer of just compensation and the opportunity to obtain professional advice or assistance if so desired.<br /> <br /> ===236.7.2.10 Uneconomic Remnants and Future Excess Property===<br /> <br /> '''A. Definition of Uneconomic Remnant'''<br /> <br /> &quot;A parcel of real property in which the owner is left with an interest after the partial acquisition of the owner's property, and in which the acquiring agency has determined has little or no value or utility to the owner.&quot; ([https://www.law.cornell.edu/cfr/text/49/24.2 49 CFR 24.2 (w)], 10/1/93)<br /> <br /> '''B. Offer to Purchase Uneconomic Remnants'''<br /> <br /> An offer to purchase each uneconomic remnant shall be made to the owner simultaneously with the offer of just compensation for the acquisition of the needed realty and realty rights. Situations revealed during negotiations or administrative decisions to consider all or part of remainders as uneconomic remnants, may necessitate a revised offer reflecting the value of the uneconomic remnant.<br /> <br /> Multiple uneconomic remnants shall be individually identified and individual values set out in the offer letter.<br /> <br /> The Commission will not condemn for the acquisition of an uneconomic remnant.<br /> <br /> The following data fields must be entered in the Remnants Screen in RWPA under the applicable project and parcel: Remnant Number, Status, Physical Possession Obtained, Payroll Amount, Payroll Date, Deed Signed Deed Recorded, Area Acquired, and Unit of Measure. <br /> <br /> '''C. Outright Sale of Uneconomic Remnants'''<br /> <br /> The district is authorized to sell any uneconomic remnant not exchanged during negotiations as described in [[236.5 Property Management#236.5.12 Excess Land Conveyances &amp; Relinquishments – Regulated Utilities|EPG 236.5.12 Excess Land Conveyances &amp; Relinquishments – Regulated Utilities]].<br /> <br /> '''D. Definition of Future Excess Property'''<br /> <br /> Any area of existing property that is to be conveyed to adjacent property owners as established in the [[236.14 Change in Route Status Report|change in route status documents]] for the project.<br /> <br /> '''E. Exchange of Remnants or Future Excess Property for New Property'''<br /> <br /> The district is authorized to exchange uneconomic remnants, or future excess property for real property or rights acquired when the exchange is for equal value based on the purchase price of the remnant or appraised value of the future excess, and the remnant or excess adjoins the owner's remaining property. Such an exchange is to be handled like an Administrative Settlement, under the approval of the district right of way manager.<br /> <br /> When remnants or future excess property are exchanged for new property, the amount of just compensation to the owner shall be reduced by the value of the remnant or excess and the warranty deed from the owner shall recite the reduced monetary amount, along with the phrase, &quot;and exchange for other land&quot;.<br /> <br /> Since the future excess property will still be needed until the project is complete, the following paragraph will be included in all quitclaim deeds conveying the future excess to the abutting property owner:<br /> <br /> :&quot;The Missouri Highways and Transportation Commission retains full, free, and uninterrupted use and possession of the land herein conveyed until completion of construction and acceptance of the project for the construction of relocated _____________________ by the Commission’s District Engineer.&quot;<br /> <br /> When this paragraph is included in the quitclaim deed a cloud is placed on the title. To remove this cloud, the district, upon request of the owner, can provide an affidavit as to completion and acceptance of the project.<br /> <br /> Remnants or excess property exchanged for new property will be conveyed by quitclaim deed for the consideration of &quot;One Dollar and Exchange for Other Land.&quot; Should the owner refuse to accept a quitclaim deed, contact the Right of Way Section for authorization to use a warranty deed where the Commission owns fee title to the property being exchanged.<br /> <br /> All conveyances of remnants or future excess property by the Commission shall provide for utilities as described in [[236.5 Property Management#236.5.12 Excess Land Conveyances &amp; Relinquishments – Regulated Utilities|EPG 236.5.12 Excess Land Conveyances &amp; Relinquishments – Regulated Utilities]].<br /> <br /> ===236.7.2.11 Donation of Real Property===<br /> <br /> In some instances property owners affected by small, uncomplicated acquisitions of realty and/or realty rights may be willing to donate the property that is needed for the project, especially when the project improvements provide a benefit to the property and community.<br /> <br /> The Missouri Highways and Transportation Commission will accept a donation of property. An appraisal and offer letter are not required when property is being donated, however, some documentation is necessary.<br /> <br /> '''A. Coercion to Donate'''<br /> <br /> It would be inappropriate for an acquiring agency during negotiations to inform the property owner that the needed realty and/or realty rights would have to be donated in order for the roadway project to be completed. The only acceptable circumstance would involve a project that would be terminated unless all owners agreed to donate.<br /> <br /> '''B. Donation/Waiver of Appraisal Letter'''<br /> <br /> Prior to acceptance of such donation, the negotiator must inform the owner of the right to receive just compensation for the property. The negotiator must obtain a signed [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Donation%20Letter%20waiver%20of%20Appraisal%20Form%207.2.12.docx Donation/Waiver Letter], (Form 7-2.12), which acknowledges the owner’s right to receive just compensation as determined by an appraisal. Should the owner refuse to sign the statement yet still wants to donate the property, the [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator's Report] shall be fully documented as to the owner being advised of their rights and any reason for refusing to sign the letter.<br /> <br /> '''C. Donation of Temporary Easement Without Waiver Letter'''<br /> <br /> When temporary easements cause no compensable damage to the adjacent property, a donation can be obtained without advising the owner of the right to just compensation. In such situations the plans should be explained to the owner and a request made for the donation. In this case, the executed easement document is all that is necessary. A Donation/Waiver Letter is not required. However, the file shall be documented regarding the determination that the acquisition of the temporary easement causes no compensable damage to the adjacent property.<br /> <br /> '''D. Waiver of Releases on Donated Property'''<br /> <br /> When non-complex property or property rights are donated, the district right of way manager may waive acquisition of additional property interests (like partial mortgage releases, easement owners, tenant interests, etc.), but a memo outlining the waiver to acquire additional property interests should be included in the file.<br /> <br /> '''E. Donations by Government Agencies'''<br /> <br /> Donations by government agencies do not require the use of a Donation/Waiver Letter. For acquisition from government agencies, see [[236.7 Negotiation#236.7.5 Railroad, State and Federal Acquisitions|EPG 236.7.5]].<br /> <br /> ===236.7.2.12 Negotiator’s Report and Contact Log===<br /> <br /> A [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator’s Report], (Form 7-2.13), shall be completed with attachments and signed by the negotiator upon termination of or completion of negotiations for each parcel. A log of all contacts with the owner or representative shall be completed and attached to the Negotiator’s Report. The information for each contact should include the date and place of each contact, parties contacted, offers made, counteroffers, issues raised by the owner, reasons settlement could not be reached, and any other pertinent data. Each contact entry shall include the name or initials of the person who prepared the entry.<br /> <br /> When negotiations are unsuccessful, and the negotiator considers further attempts to negotiate to be futile, recommendations for action should be recorded.<br /> <br /> The negotiator’s report must be uploaded to eProjects under the applicable project and parcel.<br /> <br /> ===236.7.2.13 Payment Prior to Possession===<br /> <br /> No owner will be required to surrender possession of real property acquired for highway purposes prior to payment of the agreed purchase price or payment of the Commissioners' Award into court for property acquired by condemnation proceedings.<br /> <br /> ===236.7.2.14 Title Update Prior to Payment===<br /> <br /> Prior to payment to an owner for property and/or property rights, the public records must be searched to determine that no transactions have occurred on the property being acquired subsequent to the latest title search. This must be done on each parcel except when a title insurance company or abstractor is employed by written agreement to act as escrow agent to make distribution of funds. When a bank or other parties act as escrow agents, the title update shall be made prior to delivery of checks to such escrow agents.<br /> <br /> ===236.7.2.15 Possession and Vacancy Notices===<br /> <br /> Owner and tenant occupants of buildings acquired for highway purposes shall not be required to move from a dwelling or to move a business, nonprofit organization or farm operation without at least 90 days' written notice of the date by which such move is required.<br /> <br /> Possession policies and procedures for sending notices to vacate are contained in [[236.8 Relocation Assistance Program#236.8.14 Relocation Assistance Program - Possession Policies and Vacancy Notices|EPG 236.8.14 Relocation Assistance Program - Possession Policies and Vacancy Notices]].<br /> <br /> ===236.7.2.16 Extension of Possession and Fair Rental Value===<br /> <br /> When the proposed letting schedule permits, an owner or tenant may be authorized an extension of possession based on a monthly rental rate, as described in [[236.5 Property Management#236.5.26 Acquired Improvements|EPG 236.5.26 Acquired Improvements]]. An Extension of Possession Agreement, (Form 5-6.4 (CCO RW12)), (Form RW12 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) shall be used when the original occupant is allowed to extend possession up to one year. If it is necessary to extend possession beyond the one year time period, the Extension of Possession Agreement shall be canceled and replaced with a Lease of Premises Agreement, (Form 5-5.5 (CCO RW14)). (Form RW14 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].) An extension of possession that is expected to last beyond one year is to be written on a Lease of Premises Agreement rather than an Extension of Possession Agreement.<br /> <br /> When an owner or tenant is granted an extension of possession, a monthly rental rate shall be established and should be collected in advance for each monthly period of extension. The rental value for owner-occupied and tenant-occupied property will be determined by the method established in [[236.5 Property Management#236.5.26 Acquired Improvements|EPG 236.5.26 Acquired Improvements]].<br /> <br /> ===236.7.2.17 Coercion===<br /> <br /> The Uniform Act forbids an acquiring agency from taking any coercive action in order to compel owners to agree on a price for their property. All negotiations shall be conducted in such a manner as to avoid coercing owners to reach agreement. Condemnation shall not be used as a threat. The property owners shall be given a reasonable amount of time to consider the offer and to obtain professional advice or assistance if they so desire. The agency shall not advance the time of condemnation, or defer negotiations or condemnation or the deposit of funds with the court, in order to induce an agreement on the compensation to be paid for the property.<br /> <br /> ===236.7.2.18 Non-Discrimination===<br /> <br /> The real estate acquisition function shall be conducted in such a way and manner as to assure that no person shall on the ground of race, color, religion, creed, national origin, sex, age, ancestry, or physical ability be denied the benefits to which the person is entitled or be otherwise subjected to discrimination.<br /> <br /> ===236.7.2.19 Acquisition by Mediation===<br /> <br /> Mediation is an option offered by MoDOT that can be described as a process in which a neutral and impartial third party assists parties in disagreement to negotiate an acceptable settlement. Complete policies and procedures regarding mediation are described in [[236.11 Mediation|EPG 236.11 Mediation]].<br /> <br /> Mediation is not intended to replace or reduce the importance of the negotiation process for the acquisition of property and/or property rights nor does it preclude the use of administrative settlements.<br /> <br /> Should the mediation process not be successful with the parties failing to reach agreement, the needed property and property rights will then be acquired by the normal condemnation process.<br /> <br /> Mediation shall be offered, in writing, to all property owners (who have not settled) prior to filing a condemnation petition, unless approval is received from the Asst. to the State Design Engineer - Right of Way and the [http://sp/sites/cc/Pages/default.aspx Chief Counsel’s Office].<br /> &lt;div id=&quot;Prior to offering mediation&quot;&gt;&lt;/div&gt;<br /> Prior to offering mediation or in the event mediation has been waived, the [[media:236.11.1.3_Impasse.docx|Impasse Letter]] can be provided to the property owner as another tool to communicate the necessity to settle the parcel.<br /> <br /> ===236.7.2.20 Acquisition by Condemnation===<br /> <br /> '''A. When Condemnation Procedure Initiated'''<br /> <br /> Complete policies and procedures regarding eminent domain procedures are described in [[236.10 Right Of Way Condemnation|EPG 236.10 Condemnation Procedures]]. An appropriate time to consider condemnation is when it is determined that the property and property rights cannot be acquired through negotiations or mediation. Mediation must have at least been offered to the property owner before proceeding with condemnation.<br /> <br /> '''B. Transfer of Responsibility From Right of Way to District Counsel'''<br /> <br /> When it is determined that a property cannot be acquired through negotiation or mediation, the responsibility of acquisition is transferred to the district counsel. Negotiation to acquire the property can continue by either the negotiator or attorney assigned to the tract, until the commissioner’s award has been filed.<br /> <br /> '''C. Information Packet Required by District Counsel'''<br /> <br /> The information needed by the district counsel’s office includes but is not limited to the following:<br /> <br /> :*[http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator’s Report], (Form 7-2.13) and typed Negotiator’s Log detailing counteroffers and settlement offers, requests for design changes, etc.<br /> :*Latest title report<br /> :*Two copies of appraisal with [[media:236.6.4.3 Appraisal Review and Approval of Just Comparison (Form 6.4.3).doc|Approval of Just Compensation]], (Form 6.4.3)<br /> :*List of parties to be named as defendants and served notice<br /> :*Copy of pertinent documents (i.e. easements impacting the acquisition area, trust agreements, etc).<br /> :*Copy of pertinent correspondence<br /> :*Copies of property descriptions to be used in the Condemnation Petition. <br /> :*Copies of the [http://sharepoint/sites/de/epg/Lists/EPGResponse/Attachments/825/Surveyor%20Legal%20Description%20Cover%20Sheet%20(2).doc Legal Description, Exhibit A] for each property description submitted. <br /> <br /> '''D. Owner’s Expenses in Condemnation Are Not Reimbursable'''<br /> <br /> When MoDOT institutes and concludes a condemnation action to acquire real property, the owner of the property is not entitled to reimbursement for their expenses, including attorney, appraisal and engineering fees actually incurred because of the condemnation proceedings.<br /> <br /> ===236.7.2.21 Reimbursement of Owner’s Expenses===<br /> <br /> '''A. Reimbursement of Property Transfer Expense'''<br /> <br /> The owner of property acquired will be reimbursed for recording fees, transfer taxes and similar expenses incidental to conveying the property. These expenses are normally paid directly by the department.<br /> <br /> '''B. Reimbursement of Mortgage Prepayment Penalty'''<br /> <br /> Owners will be reimbursed for actual penalty costs for prepayment of a preexisting mortgage entered into in good faith and filed of record prior to the initiation of negotiations. These costs will be reimbursed when the property is acquired in its entirety or the acquisition is of such magnitude that the remainder will not provide collateral for the mortgage and/or the mortgagee legally requires penalty costs for prepayment of the mortgage. The owner is responsible for submission of paid receipts of penalty costs and request for reimbursement to the district office.<br /> <br /> '''C. Reimbursement of Real Estate Tax'''<br /> <br /> Information pertaining to the reimbursement of taxes is contained in the offer letter and the [http://eprojects/Templates/RW/Chapter%207_Negotiation/Pathways%20for%20Progress%20brochure.pdf Pathways for Progress brochure]. During negotiations, the owner will be provided with the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20Owners%20section.pdf Prorata Real Estate Tax Claim, Owner's Section] (Form 7-2.22C). <br /> <br /> Owners will be reimbursed for a pro rata portion of the state, county and city real estate taxes paid for the current taxable year on property purchased by the Commission. The pro rata portion of taxes will cover the full number of months remaining in the calendar year after payment is received by the owner or escrow agent for the property. Claims for reimbursement must be made within six months after the city or county tax delinquent date. Delinquent tax payments are not reimbursable. The owner is responsible for submission of paid tax receipts and Form 7-2.22C to the district office for reimbursement.<br /> <br /> :'''1'''. Pro-ration of Real Estate Taxes<br /> <br /> :The following procedures will be followed for computing the pro-ration of real estate taxes, for all contiguous holdings under the same ownership normally considered in a before and after appraisal. The [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20Owners%20section.pdf Prorata Real Estate Tax Claim] (Form 7-2.22C) is self-explanatory.<br /> <br /> ::'''a'''. Total Acquisition of Property<br /> <br /> ::Divide the annual taxes by 12 and multiply by the number of full months remaining in the taxable year after payment is delivered to the owner or escrow agent or the condemnation award is paid into court.<br /> <br /> ::'''b'''. Partial Acquisition of Property:<br /> <br /> ::Divide the approved compensation, payable to fee holder for land, improvements, property rights and/or damage to remainder, by the value of the entirety as indicated on line E, (1) of right of way [[media:236.6.4.3 Appraisal Review and Approval of Just Comparison (Form 6.4.3).doc|Form 6.4.3]], then multiply computed percentage by the amount on the tax bill. Divide the resulting figure by 12 and multiply by the number of full months remaining in the taxable year after payment for the realty rights is delivered.<br /> <br /> ::'''c'''. Impact of Waiver Valuation on Proration of Taxes<br /> <br /> ::If the compensation for realty rights is established by the use of a waiver valuation, the property value established by the County Assessor can be used in the calculation.<br /> <br /> ::'''d'''. Impact of Administrative Settlements and Condemnation on Proration of Taxes<br /> <br /> ::The amount of an administrative settlement or condemnation award is not a factor in computing tax reimbursement. Computations will be done in the exact same manner as when property is acquired at the approved offer.<br /> <br /> ::'''e'''. Impact of Exchange of Land on Proration of Taxes<br /> <br /> ::When land owned by the state is traded for land acquired, the owner is eligible for reimbursement of taxes. In most instances when a trade occurs there will be an appraisal of both the land to be traded and the land acquired; therefore, when tax reimbursement is determined, the trade will be given the same consideration as though a cash transaction had transpired.<br /> <br /> ::'''f'''. Impact of Donation on Proration of Taxes<br /> <br /> ::When land is donated, the owner is eligible for reimbursement of taxes. Value of the land donated and value of entirety can be determined by utilizing data from the County Assessor's office.<br /> <br /> ::'''g'''. Impact of Damage-Only Offers on Proration of Taxes<br /> <br /> ::Should the acquisition consist solely of damages caused by the imposition of temporary easements and no permanent reduction in value is evident in the after situation, proration of taxes will not be needed. In this case, the assessed value for tax purposes would not be affected by the acquisition.<br /> <br /> '''D. Appeal for Expense Eligibility'''<br /> <br /> Property owners may file a written appeal with the agency if they believe that the agency has failed to properly consider their application for reimbursement of expenses incidental to the transfer of title. The time limit for filing an appeal is 60 days after they receive written notification of the agency’s determination on their claim. The appeal procedure follows that of [[236.8 Relocation Assistance Program|EPG 236.8 Relocation Program]].<br /> <br /> ===236.7.2.22 Cost of Moving Utilities===<br /> <br /> Current [[643.3 Policy, Standards and Regulations|Commission policy]] provides that the cost of relocation and re-connection of privately owned service lines of a public utility is to be included with the other necessary utility work of the project, at MoDOT’s expense. Such costs should not have been considered in the appraisal process.<br /> <br /> Most utility companies reconnect the private service lines at no cost to the property owner, but some do not. The cost to move and reconnect service lines that lie on or in existing Commission owned property is a noncompensable item. The cost to the owner to reconnect these services cannot be included in the appraised compensation.<br /> <br /> Providing for the adjustment of utilities for a project is the responsibility of district design. There are situations, however, in which right of way personnel will have involvement. Owners of utility lines on existing Commission owned property are responsible for costs of adjustments. Therefore, the property owner may have responsibility for adjustment costs in cases where the utility company only owns the main. The department will pay for the cost of the adjustment between the old and new boundary lines.<br /> <br /> All owners shall be advised that they are responsible for adjustment costs for their service lines on existing Commission owned property and that the department will provide compensation for any part of the adjustment on new property being acquired.<br /> <br /> If property is secured from a property owner who owns a service line that requires adjustment, the cost of the adjustment and any compensation due the property owner will be made during the construction of the project. The method of adjustment is to be handled as follows:<br /> <br /> Service line adjustments are included in our roadway contracts. Bid items are provided for the different types of anticipated adjustments. If the property owner elects to have the Commissions' contractor do the work, the portion of cost of adjustment on the new property acquired is provided by the Commission and no further obligation to the owner is necessary. Construction personnel will compute the cost for the adjustment that was on existing Commission owned property and the property owner will be billed for that part only. If the service line adjustment is done by the property owner's plumber and property is secured for the project, the property owner will be compensated for the actual cost of adjustment on the new property acquired. The property owner will not be compensated for more than the cost determined by the amount based on the roadway contractor's bid items.<br /> <br /> ===236.7.2.23 Condemnation of Temporary Driveway Connection Easements===<br /> <br /> Parcels are not generally condemned when the only acquisition is for a temporary easement for the purpose of reconnecting a driveway. If the owner is not agreeable to accept the offer or settlement, and district design determines the driveway can be constructed on existing Commission owned property, the easement should be removed from the plans, a corrected plan sheet sent to the owner and the parcel voided. A letter accompanying the plan sheet should describe, in as much detail as possible, what the physical features of the proposed construction will be, and outline problems the design may cause the owner in their own reconnection of the driveway.<br /> <br /> ==236.7.3 Administrative and Legal Settlements==<br /> <br /> ===236.7.3.1 Administrative Settlements===<br /> <br /> '''A. Purpose'''<br /> <br /> Administrative settlements are made for the purpose of concluding negotiations for amounts considered reasonable, prudent and in the public interest, after reasonable efforts to negotiate agreements at the approved offers have failed.<br /> <br /> Administrative settlements are not to be used for the purpose of correcting errors or omissions in an appraisal. Correcting the appraisal and making a revised offer is the method used to correct such errors and omissions.<br /> <br /> '''B. Definition'''<br /> <br /> An administrative settlement is any settlement authorized by the district right of way manager for a monetary consideration that differs from the approved estimate of just compensation. All settlements above the approved just compensation require written justification (Form 7-3.3.1).<br /> <br /> :'''1'''. Administrative Settlement in Negotiations and Mediation<br /> <br /> :Negotiation and mediation administrative settlements are those made by right of way personnel, prior to filing of a condemnation commissioners' award with the circuit court.<br /> <br /> :Reduction of approved salvage value is considered an administrative settlement. Settlements made in the mediation process are considered administrative settlements. Homestead and heritage payments are also considered administrative settlements. All administrative settlements require documentation in the tract file (Form 7-3.3.1).<br /> <br /> :It is important that district right of way and regional counsel concur in settlements made during the condemnation process. Regional counsel should be advised of all settlements attempted or concluded after a project has been turned over to counsel for condemnation, so that a consensus is reached for the settlement, and that a motion to dismiss the parcel from the petition can be filed.<br /> <br /> :'''2'''. Legal Administrative Settlement<br /> <br /> :Legal administrative settlements are those made by regional counsel personnel after the condemnation commissioners have reported their award to the circuit court and before exceptions are filed. Settlements after exceptions are filed are referred to as Stipulated Settlements (approved by the circuit court) and are referred to by counsel merely as &quot;settlements&quot;.<br /> <br /> :All settlements by regional counsel require the concurrence of right of way.<br /> <br /> :Regional counsel may approve settlements less than $250,000 with the concurrence of the district right of way manager.<br /> <br /> :Settlements less than $250,000, in which the district right of way manager does not concur must be approved by the Assistant Chief Counsel - Litigation and the Asst. to the State Design Engineer - Right of Way.<br /> <br /> :The Assistant Chief Counsel - Litigation and the Asst. to the State Design Engineer - Right of Way must approve settlements greater than $250,000.<br /> <br /> ===236.7.3.2 Administrative Settlements Considerations===<br /> <br /> After a diligent effort has been made to consummate settlements for the approved amounts of just compensation, the district right of way manager should review each parcel not acquired by negotiation and determine whether to make administrative settlements, pursue mediation, or acquire by condemnation.<br /> <br /> The district right of way manager should review all pertinent information relevant to consideration of a settlement, such as:<br /> <br /> :*Approved appraisal reflects current market conditions<br /> :*Consideration in the appraisal of subjective elements of damage<br /> :*Other appraisals of subject<br /> :*The Negotiator's Report regarding damage factors claimed by the owner<br /> :*Counteroffers made by the owner<br /> :*The range of probable testimony<br /> :*Recent jury verdicts for similar type properties<br /> :*Estimated court costs<br /> :*Opinion of legal counsel regarding probable result of proceeding with condemnation.<br /> <br /> '''Note''': Administrative settlements are not to be used to correct errors or omissions of the appraisal. Correcting the appraisal and making a revised offer is the method used to correct such errors and omissions.<br /> <br /> '''Revised Offer Based on Revised Appraisal'''<br /> <br /> If it appears that the approved amount of just compensation does not reflect current market conditions or does not consider all compensable elements of just compensation, an updated appraisal should be secured. A revised offer letter and revised valuation shall be promptly given to the owner. This is not considered an administrative settlement.<br /> <br /> ===236.7.3.3 Making Administrative Settlements===<br /> <br /> Having determined that it is in the public interest to make an administrative settlement, the district right of way manager establishes an equitable amount for the settlement. The amount and other terms of the settlement are then relayed to the owner either verbally or in writing. Should the owner accept the proposal, the necessary conveyance documents are executed, showing the final settlement amount.<br /> <br /> '''Administrative Settlement Justification Letter'''<br /> <br /> At the conclusion of an administrative settlement, the district shall prepare a letter of justification (Form 7-3.3.1) that sets out the terms of the settlement and the factors upon which it was based. A copy of this letter is to be sent to the Right of Way Section when the parcel is submitted for payroll.<br /> <br /> Administrative settlement justification is not to be based on perceived inadequacies of the appraisal process. If the appraisal, on which the offer was based, is subsequently believed to be deficient, a new or revised appraisal should be secured.<br /> <br /> ===236.7.3.4 Approving and Processing Legal Settlements (Stipulated Settlements)===<br /> <br /> As previously stated, stipulated settlements are those made after a commissioners' award has been filed with the circuit court. Settlements less than $250,000 will be submitted to the circuit court for approval after the concurrence of the district right of way manager. Settlements greater than $250,000, or which the district right of way manager does not concur, require the concurrence of the Asst. to the State Design Engineer - Right of Way and the Assistant Chief Counsel - Litigation.<br /> <br /> To accomplish these settlements, regional counsel or assistant regional counsel prepares a [http://eprojects/Templates/RW/Chapter%207_Negotiation/Pre-trial%20report%20Exh%205E.1.docx Pre-Trial Report]. The comments of the district right of way manager and the Asst. to the State Design Engineer - Right of Way should be considered by the Assistant Chief Counsel - Litigation, prior to final approval of the settlement.<br /> <br /> ==236.7.4 Escrow Agreements, Deeds of Release and Purchase Agreement==<br /> <br /> ===236.7.4.1 Purpose===<br /> <br /> This information establishes MoDOT’s procedures for using escrow agreements, subordination of mortgage liens, deeds of release and purchase agreements in the acquisition of land and easements.<br /> <br /> The negotiator should know what documents will be required for closing depending on ownership and value of the property. The checklist of items (provided in the links following), include those required documents, depends on whether [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator%20Packet%20Table%20of%20Contents%20-%20Closing%20with%20MoDOT.doc MoDOT] or a [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator%20Packet%20Table%20of%20Contents%20-%20Closing%20with%20Title%20Company.doc title company] will be conducting the closing.<br /> <br /> ===236.7.4.2 Escrow Agreements===<br /> <br /> An Escrow Agreement (fee owner) (Form 7-4.2A (CCO RW8)) or a Tenant Escrow Agreement (Form 7-4.2B (CCO RW10)), is used when an escrow agent is used (see [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services|EPG 236.4.4.6]]). (Forms RW8 and RW10 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> The use of an Escrow Agreement is not required when obtaining property or property rights from another government agency.<br /> <br /> When the acquisition involves only a temporary easement, it is not required to escrow the payment unless circumstances warrant it.<br /> <br /> '''A. Escrow Agreement (Fee Owner)'''<br /> <br /> :'''1'''. When the Escrow Agreement is used<br /> <br /> :The escrow agreement shall be used to establish possession of occupied buildings, removal of buildings or equipment if retained by the owner, and provide for payment of taxes, liens, mortgages, or other encumbrances.<br /> <br /> :'''2'''. Contaminated Property Provision<br /> <br /> :Certain required paragraphs of the escrow agreement provide for owner disclosure of contamination, testing for contamination and termination of the acquisition under certain conditions of contamination. If there is an indication that the property being acquired is contaminated and is to be tested, the check for the real estate payment should not be delivered to the escrow agent until it is determined that the department will proceed with the acquisition, without further attention to the contamination. <br /> <br /> '''B. Tenant Escrow Agreement'''<br /> <br /> :'''1'''. When Tenant Escrow Agreement is used<br /> <br /> :The Tenant Escrow Agreement (Form 7-4.2B, RW10) (Form RW10 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is used when necessary to ensure removal or possession of tenant-owned improvements or equipment retained by the tenant owner.<br /> <br /> :The Tenant Escrow Agreement may be used to acquire tenant interests prior to conveyance or condemnation of fee holder interests, only if a Release of Structures and Leasehold (Form 7-2.7D (CCO RW15)) (Form RW15 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), is executed by the fee owner and attached to the Tenant Escrow Agreement.<br /> <br /> :'''2'''. Phrases for Release of Structures and Leasehold if Tenant Escrow Agreement is not used<br /> <br /> :In cases where it is deemed unnecessary to use the Tenant Escrow Agreement, one of the following paragraphs, as applicable, should be included in the Release of Structures and Leasehold.<br /> <br /> ::&quot;Party of the First Part hereby agrees to vacate and give peaceable possession of said above described property to Commission within ______ days after payment of the consideration. At the conclusion of this possession period all of the improvements being conveyed herein shall become the property of the Commission to dispose of in anyway it deems necessary.&quot;<br /> <br /> ::&quot;Party of the First Part hereby retains the right to salvage (describe structure) and hereby agrees to remove said structure within _______ days after payment of the consideration. Commission may, after said date and without repercussion from Party of the First Part, dispose of said structure in anyway it deems necessary.&quot;<br /> <br /> ::&quot;Party of the First Part hereby retains the right to salvage (describe structure) and hereby agrees to remove said structure by the _____ day of ________, 20___. Commission may after said date and without repercussion from Party of the First Part, dispose of said structure in anyway it deems necessary.&quot;<br /> <br /> '''Requirements for the Retention of Improvements'''<br /> <br /> Requirements for the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Requirements%20for%20the%20Retention%20Form%207.4.2C.pdf Retention of Improvements] (Form 7-4.2C,) must be incorporated with any Escrow Agreement or Agreement for Purchase of Real Estate. The form sets out the requirements of an owner or tenant that elects to retain improvements or equipment for removal from the acquired land.<br /> <br /> ===236.7.4.3 Deed of Release and Partial Deed of Release===<br /> <br /> Obtaining Deeds of Release and Partial Deeds of Release] (Form 7-4.3, RW25) (Form RW25 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is the responsibility of the escrow agent. When obtaining a release from a corporation, a corporation release form is normally used. For individuals or partners, a non-corporation release form is to be used. Most title companies, banks, and other lending institutions carry appropriate forms as part of their routine business. The escrow agent is to either prepare the release for execution by the lien holder or provide the lien holder with the property description for inclusion in the release.<br /> <br /> ===236.7.4.4 Agreement for Purchase of Real Estate===<br /> <br /> '''A. When Agreement for Purchase of Real Estate is used'''<br /> <br /> The Agreement for Purchase of Real Estate, Form 7-4.4 (CCO RW7) (Form RW7 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is used when purchasing property or property rights and an escrow agreement is not being used as discussed in [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services|EPG 236.4.4.6 Escrow Services]]. As required by [https://revisor.mo.gov/main/OneSection.aspx?section=141.250 RSMo 141.250], the proceeds derived from the sale of any lands with a tax lien, shown by records of land trust, the land bank agency, or the city or county collector, shall be distributed to the lien holders first before any proceeds are paid to the property owner. The negotiator is required to determine whether any tax liens exist and ensure the lien holder is paid before the property owner is paid.<br /> <br /> The use of this agreement is not required when obtaining property or property rights from another governmental agency.<br /> <br /> The use of this agreement is not required when only temporary rights are being acquired via a temporary easement unless circumstances warrant it.<br /> <br /> '''B. Contaminated Property Provision'''<br /> <br /> If there is an indication that the property being acquired is contaminated and is to be tested, the check for payment of the real estate should not be delivered to the owner until such time that it has been determined that the department will proceed with the acquisition.<br /> <br /> ===236.7.4.5 Subordination of Mortgage Liens===<br /> <br /> The Partial Deed of Release, RW25, is the most commonly used, and preferred, document when obtaining a partial acquisition from a mortgaged property. <br /> <br /> Please note that this document serves as a partial release of a mortgage but merely subordinate the lender’s interest in the acquired property to the rights of the Commission. This document is usually signed prior to payrolling the acquisition and then held in escrow along with the conveyance documents until payment is made to the escrow agent.<br /> <br /> ==236.7.5 Railroad, State and Federal Acquisitions==<br /> <br /> ===236.7.5.1 Purpose===<br /> <br /> This information establishes MoDOT’s procedures for acquiring railroad land and railroad right of way, federal land and land owned by the State of Missouri.<br /> <br /> ===236.7.5.2 Railroads===<br /> <br /> '''A. General'''<br /> <br /> The acquisition of land owned by railroad companies is a dual responsibility of district right of way and the Multimodal Operations Division (for additional information see [[643.4 Railroads|EPG 643.4 Railroads]]).<br /> <br /> Plans approved for acquisition purposes will indicate a separate parcel number for the operating railroad right of way and to each parcel of non-operating railroad property owned by a railroad.<br /> <br /> District right of way is responsible for the acquisition of non-operating railroad property. The Multimodal Operations Division will acquire non-operating land only when they are also acquiring operating right of way from the same railroad.<br /> <br /> The Railroad Projects Manager is responsible for acquisitions, agreements and/or documents related to operating railroad right of way. If both operating right of way and non-operating land are required from the same railroad, all necessary information will be provided to the Multimodal Operations Division.<br /> <br /> '''B. Acquisition Procedures - Non-operating Railroad Land'''<br /> <br /> The Multimodal Operations Division will acquire non-operating land if operating right of way is also being acquired from the same railroad.<br /> <br /> :*Obtain title information for each parcel. The conveyance of the property to the railroad is sufficient unless the land involved is a recent purchase.<br /> :*Appraise each parcel in accordance with current appraisal procedures.<br /> :*Prepare a deed with metes and bounds description. A Warranty Deed (Form 4-7.1A (CCO RW3)) or Quit Claim Deed (Form 4-7.2 (CCO RW2)) is desirable and have been accepted by railroads in some situations, or use an Easement for Highway Purposes, or 4-7.5 (CCO RW23). (Forms RW2, RW3 and RW23 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> When only non-operating railroad land is involved, negotiate in accordance with current acquisition procedures. The name of the railroad's authorized representative may be obtained from the Multimodal Operations Division Railroad Projects Manager.<br /> <br /> '''C. Acquisition Procedures - Operating Railroad Right of Way'''<br /> <br /> :*Obtain title information for each parcel.<br /> :*Appraise each parcel in accordance with current appraisal procedures.<br /> :*Prepare a metes and bounds legal description for the easement area and provide to the Multimodal Operations Division to include in an easement or grade separation agreement.<br /> :*Prepare and transmit to the Multimodal Operations Division an undated offer letter reflecting the approved just compensation. Tax proration phrases should not be included in the offer letter.<br /> :*Transmit to the Multimodal Operations Division an appraisal or waiver valuation and three plan sheets.<br /> <br /> '''D. Controlled Access from Railroads and Abutting Owners'''<br /> <br /> When a proposed controlled access boundary line intersects or coincides with a railroad right of way line, all easements should include a controlled access clause for access rights from the railroad and adjoining owners of underlying rights.<br /> <br /> Also, when the proposed controlled access boundary line and the railroad right of way line coincide, it is necessary to acquire abutters' rights of direct access from owners of land and property rights adjoining the opposite side of the railroad right of way.<br /> <br /> '''E. Acquiring Underlying Fee in Railroad Land and Right of Way'''<br /> <br /> It is advisable to acquire the underlying fee rights of current adjoining successors in title, when acquiring non-operating railroad land.<br /> <br /> When a proposed highway boundary line crosses or intersects the right of way of an operating railroad, it may be necessary to acquire the underlying fee within the limits of the railroad right of way from adjacent owners who have reversionary rights. It is the discretion of the district right of way manager as to whether or not the underlying fee should be acquired. The necessity increases, as the likelihood of future railroad abandonment increases.<br /> <br /> The description on deeds for each underlying fee owner will extend to the center of the railroad right of way or include the entire railroad right of way, when applicable, and will contain the wording &quot;subject to railroad right of way.&quot;<br /> <br /> '''F. Condemnation of Railroads'''<br /> <br /> The Railroad Projects Manager is to be notified of the anticipated date of condemnation when the Multimodal Operations Division is acquiring railroad property.<br /> <br /> District right of way will be responsible for including in condemnation both operating and non-operating railroad property that are not acquired by negotiation. Prior to preparation of a condemnation petition, determine from the Multimodal Operations Division the status of negotiations and a recommendation to include or exclude railroad property in condemnation. Railroad property is not to be included in the condemnation petition unless the Multimodal Operations Division has received proper authorization from the Department of Economic Development, Division of Motor Carrier and Railroad Safety.<br /> <br /> ===236.7.5.3 Acquisition from Federal Agencies===<br /> <br /> When land or property rights are to be acquired from the United States Army, Air Force, Navy, Veterans Administration, or the Bureau of Indian Affairs, district right of way is authorized to negotiate directly with the agency. For acquisitions from all other federal agencies, application must be made through the Federal Highway Administration. District right of way is to prepare all required documents and transmit them to the Right of Way Section for handling with Federal Highway Administration.<br /> <br /> ===236.7.5.4 Acquisition from State of Missouri Agencies===<br /> <br /> '''A. Acquisition from Conservation Commission and the University of Missouri'''<br /> <br /> Other than the MHTC, the Conservation Commission and the University of Missouri are the only Missouri state agencies that have authority to convey real property. When the MHTC acquires land or property rights from one of these two agencies, district right of way shall negotiate directly with the agency. <br /> <br /> The curators of the University of Missouri are vested with the power to convey property owned by the University in § 172.020, RSMo. This section reads, in part, “The Curators of the University of Missouri…shall have perpetual…power…to take, purchase and to sell, convey and otherwise dispose of lands and chattels…”. This is consistent with § 37.005.9, RSMo which specifically excepts property owned by the university from other state property which vests in the governor and requires authorization from the general assembly before it can be conveyed. <br /> <br /> It is not as clear whether the Department of Conversation/Conservation Commission has the power to convey the property it owns. However, Art. IV, § 40(a) of the Missouri Constitution gives the Conservation Commission the control, power and management over all property owned, acquired or used for conservation purposes. While this constitutional provision does not specifically state that the Conservation Commission has the power to convey property, a reasonable interpretation of this section, read in conjunction with § 37.005.9, RSMo., is that the Conservation Commission has the power to convey property. <br /> <br /> '''B. Acquisition from All Other State Agencies'''<br /> <br /> State agencies, other than those identified above, are required, by statute, to obtain authority to convey real property by an act of the General Assembly. The Governor may execute conveyances of easement rights only without authorizing legislation.<br /> <br /> :'''1'''. Land Acquisition<br /> <br /> :For all agencies other than those identified above state statute provides for the conveyance of fee simple interest in real property, by a specific act of the General Assembly that will be arranged by the Right of Way Section. The legislative act authorizes the Governor to execute the conveyance document, after it has been approved as to form by the Attorney General’s office.<br /> <br /> :'''2'''. Easement Acquisition<br /> <br /> :When only easement rights are to be acquired, the statute permits the Governor to convey an easement without legislative action, after the document is approved as to form by the Attorney General's Office.<br /> <br /> :The document CCO RW24 may be used for these acquisitions, with a suggested heading change to EASEMENT(S) ON STATE PROPERTY FOR HIGHWAY PURPOSES. (Form RW24 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].) This heading change does not require approval by Chief Counsel Office.<br /> <br /> :'''3'''. Acquisition Procedure<br /> <br /> :District right of way shall:<br /> <br /> ::*contact the local agency representative<br /> ::*explain the acquisition<br /> ::*obtain permission to inspect<br /> ::*appraise the property or secure donation<br /> ::*review and approve Just Compensation<br /> ::*prepare offer letter<br /> ::*prepare Quit Claim Deed<br /> <br /> :Forward appraisal, offer letter, Quitclaim Deed, and plan sheets to the Right of Way Section. The Right of Way Section will:<br /> <br /> ::*negotiate directly with the agency<br /> ::*secure executed deed<br /> ::*process payroll<br /> ::*deliver check to the agency<br /> ::*transmit executed deed to the district for recording<br /> ::*transmit to district negotiator’s report and contact log<br /> ::*prepare and transmit to district an administrative settlement letter, if necessary<br /> <br /> ==236.7.6 Acquisitions of Maintenance Sites and Other Capital Improvement Sites==<br /> <br /> ===236.7.6.1 Purpose===<br /> <br /> This information describes MoDOT’s procedures for acquiring maintenance sitesand other capital improvement sites.<br /> <br /> ===236.7.6.2 Site Selection and Approval===<br /> <br /> Site selection, including environmental studies of proposed sites, is the responsibility of the district subject to approval of the General Services Director.<br /> <br /> Once the location for a new site is chosen or the decision is made to expand a facility, the General Services Division will request district right of way to determine the market value of the property. <br /> <br /> All property to be acquired for capital improvement purposes shall be appraised in accordance with [[236.6 Appraisal and Appraisal Review#236.6.3.8 Maintenance Lot and Capital Improvement Valuation|EPG 236.6 Appraisal and Appraisal Review]]. In those instances where only a portion of the total property is to be acquired, appraisers shall determine if the acquisition will damage the remaining property. If in their opinion the remaining property is damaged, the appraisers shall prepare a before and after appraisal of the property setting forth such damages. If in their opinion there is no damage to the remainder, appraisers are to make a statement to that effect in the appraisal report and appraise the part to be acquired as a total tract.<br /> <br /> Upon completion of the appraisal, it is to be reviewed in the district in accordance with [[236.3 Administration|EPG 236.3]]. A copy of the approved appraisal shall be forwarded by the district to the General Services Division for funding allocations.<br /> <br /> ===236.7.6.3 Acquisition Procedure===<br /> <br /> Upon receipt of concurrence, the General Services Division will advise district right of way to initiate negotiations for acquisition of the property. A [http://eprojects/Templates/RW/Chapter%207_Negotiation/Offer%20Letter%20Form%20-%20Capital%20Improvements%207.6.3.docx letter of offer on capital improvement facilities] (Form 7.6.3), is to be used in making offers to property owners. District right of way should follow acquisition procedures outlined in the areas of [[236.3 Administration#236.3.5 Right of Way Expenditures|payrolling]], [[236.4 Description Writing and Titles#236.4.4.8 Obtaining Title Insurance and Title Commitments|abstract or title insurance]], and the use of [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services|Escrow Agents]].<br /> <br /> All capital improvement sites and additions shall be acquired in fee simple title. The deed for conveyance shall be based on an accurate survey of the property. A professional land surveyor shall complete the survey. <br /> <br /> Negotiations for all new or additions to capital improvement facilities shall be based on approximate boundaries. If the owner is agreeable to selling the property for the approved amount, said survey will be made for preparation of the deed.<br /> <br /> Appropriate efforts to acquire the property for the approved amount should be made; however, if the owner refuses the offer but through either a counteroffer or other means it is determined that the property can be purchased for an amount above the approved offer, so advise the General Services Division with a recommendation. The General Services Division will advise the district whether or not to proceed at the higher price. <br /> <br /> Upon successful negotiations for the capital improvement site or addition, the payroll shall be completed in the same manner as other payrolls for land acquisitions and submitted to the Right of Way Section. Upon receipt of the check by district right of way, the deed and survey plat will be recorded. Copies of the recorded deed and survey shall be submitted to the General Services Division and the State Maintenance Engineer.<br /> <br /> Condemnation proceedings shall not be initiated for a capital improvement location unless specifically instructed to do so by the Right of Way Section.<br /> <br /> The cost of appraisals, survey expenses, title work and other miscellaneous right of way items as well as the cost of the site itself shall be charged to the appropriate project number established by the General Services Division.<br /> <br /> ==236.7.7 1099 Reporting of Acquisitions==<br /> <br /> ===236.7.7.1 Purpose===<br /> <br /> This information establishes MoDOT’s guidelines and procedures for reporting the acquisition of real estate or real property rights to the Internal Revenue Service (IRS).<br /> <br /> ===236.7.7.2 1099 Reporting Procedure===<br /> <br /> '''A. Transactions to be Reported'''<br /> <br /> The Commission is responsible for reporting the following real estate acquisitions to the IRS: <br /> <br /> :* Real property and or permanent right in excess of $600 will be reported on a 1099-S.<br /> :* Temporary easements if the easement is to last 30 years or more and are paid over $600 will be reported on a 1099 MISC and handled by OA. Damages to remainders for real property and/or permanent rights will be reported on a 1099-S.<br /> :* Damages related to the temporary easement will be reported on a 1099-MISC and will be handled by OA.<br /> :* Damages included with a temporary easement that consist of money provided to a property owner that will not be expended on the property over $600 (for example, removing an entrance/driveway) will be handled by OA and reported on a 1099-MISC.<br /> :* Administrative settlements included with a temporary easement will be handled by OA and reported on a 1099-MISC.<br /> <br /> '''B. Transactions Not Reported'''<br /> <br /> The following are exceptions to the requirements for reporting acquisitions to the IRS:<br /> <br /> :* Purchases from corporations and governmental agencies.<br /> :* If the payment is being made to an escrow agent, the agent handles the 1099 reporting.<br /> :* Cost to cure (damages) included with a temporary easement that consists of money being provided to a property owner to expend on property, for example, trees and fencing. <br /> <br /> '''C. Determining Year of Reporting'''<br /> <br /> Under IRS rules an acquisition has to be reported in the year the transaction is closed. For purchases this is the date the check is received by the escrow agent or the property owner. For condemned property it is the date the Commissioners’ award is deposited with the court. The withdrawal of the award from the court is not considered in determining the date of closing nor the need to report the acquisition. <br /> <br /> '''D. Reporting More Than One Owner'''<br /> <br /> Transactions should be entered in RWPA shortly after they are closed or condemned. In the case of condemned property it will be necessary to base the report on the award. When more than one property owner (other than husband and wife or partnerships) is involved in receiving proceeds from the acquisition, IRS regulations require that an allocation of the gross proceeds be requested by MoDOT. The request must be made at or before the time of closing or at the time the Commissioners’ award is paid into court. This request should be made by certified mail with a copy to each taxpayer.<br /> <br /> If the distribution cannot be determined or if an award is not drawn down from court, it will be necessary to report the entire amount to the IRS for each individual taxpayer. Those individuals whose property is acquired by negotiation yet still refuse to provide a distribution of funds should also receive a request by certified mail. The request should advise taxpayers that if an allocation of funds is not provided the entire amount will be reported as if paid to each taxpayer.<br /> <br /> '''E – RWPA System Requirements for 1099s'''<br /> <br /> All data must be entered on the following screens for a 1099 to be processed:<br /> Location Description screen: Section, Township and Range.<br /> <br /> 1099 screen: Fee Holder/Tenants info: SSN/Tax ID;<br /> ::1099 data – Type (interest or “s” sale), Date Closed, and Gross Proceeds.<br /> <br /> ===236.7.7.3 Taxpayer Identification Numbers===<br /> <br /> It is required that MoDOT request a taxpayer identification number (TIN) from all taxpayers at or before the time of closing. A husband and wife are treated as one taxpayer and only one TIN needs to be supplied. Partnerships and trusts should have a TIN that is to be used instead of social security numbers of the individual partners or the beneficiaries of a trust.<br /> <br /> Under IRS regulations, any person whose TIN is requested must furnish such TIN and certify that the TIN is correct. The solicitation shall be made by providing a written statement to the taxpayer that they are required by law to furnish a correct TIN, and that they may be subject to civil or criminal penalties for failing to furnish a correct TIN.<br /> <br /> The procedures described in [[236.7 Negotiation#236.7.2 Guidelines and Procedures|EPG 236.7.2]] shall be followed in soliciting TINs from taxpayers during negotiations. The paragraph in the offer letter pertaining to TINs will satisfy the above requirement. A [https://oa.mo.gov/sites/default/files/vendor_input_ach_eftd.pdf Vendor Input Form MO 300-1489] can be used with the request.<br /> <br /> When dealing with a representative of the owner(s), it is permissible to request that the representative obtain the TIN from the taxpayer(s); however, if they fail to supply it, a request must be sent to the taxpayer(s) by certified mail.<br /> <br /> A completed Form 7-7.3 will be retained in the parcel file and provided to the escrow agent. A completed Vendor Input Form MO 300-1489 is to be submitted to the Office of Administration.<br /> <br /> '''A. Instructions for Preparing Request for Taxpayer Identification Number and Request for Allocation of Gross Proceeds'''<br /> <br /> The [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20Allocation%20Gross%20Proceeds%20Form%207.7.3.pdf Request for Allocation of Gross Proceeds] (Form 7-7.3) and [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20for%20TIN%20and%20Allocation%20of%20Gross%20Proceeds%20Form%207.7.3.A.docx Request for Taxpayer Identification Number and Allocation of Gross Proceeds - Sample Letter] (Form 7-7.3A), has been prepared as a style sheet. Five fields (County, Route, Job, Parcel and Total Amount to be Allocated) are to be completed by district right of way before giving the form to the property owner.<br /> <br /> A [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20for%20TIN%20and%20Allocation%20of%20Gross%20Proceeds%20Form%207.7.3.A.docx sample letter] (Form 7-7.3A) to accompany the request form is available.<br /> <br /> ===236.7.7.4 Methods for Reporting to the IRS===<br /> <br /> Reporting of real estate transactions to the IRS will be done by one of the following four methods:<br /> <br /> :* If the property is purchased and the transaction is closed by an escrow agent, the escrow agent is to handle the reporting to the IRS. The agreement for title and escrow services as described in [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services|EPG 236.4.4.6 Escrow Services]] provides for this requirement. If a bank or other source is used as an escrow agent, the letter of understanding with the escrow agent should spell out this duty along with the other duties.<br /> :* If the property is purchased and the transaction is not closed by an escrow agent, district right of way is responsible for creating a 1099-S in the RWPA application. The “Property Transfer Settlement” field shall be filled in with “Yes” if part of the consideration for a reportable acquisition transaction consisted of realty. The most current address shall be verified and used on the form.<br /> :* If the property is condemned, it should be determined if the County Clerk is reporting the transaction to the IRS. If they are making the report, MoDOT will not duplicate it. If the County Clerk is not reporting the transactions, district right of way is responsible for creating a 1099-S in the RWPA application.<br /> :* If the property purchased is a temporary easement, OA will handle reporting the 1099-MISC.<br /> :* If interest is ordered to be paid following a condemnation case, OA will handle reporting the 1099-INT.<br /> <br /> ===236.7.7.5 Corrected 1099-S's===<br /> <br /> If a trial or legal settlement occurs during the same tax year that the Commissioners’ Award was reported, district right of way shall correct the 1099-S in the Right of Way Parcel Acquisition application to show the new amount. The 1099-S shall be corrected if the final amount is either more or less than the amount previously reported.<br /> <br /> ===236.7.7.6 Reporting on Condemned Acquisitions===<br /> <br /> '''A. Reporting Jury Verdicts or Settlements in Subsequent Tax Years'''<br /> <br /> If a jury verdict or settlement occurs in a subsequent tax year and the amount of the verdict or settlement is greater than the award, a normal 1099-S for the difference between the verdict or settlement (not including interest) and the previously reported amount shall be created in the Right of Way Parcel Acquisition application by district right of way.<br /> <br /> If a jury verdict or settlement in a subsequent year is for an amount less than the award, no reporting is necessary. <br /> <br /> If the jury verdict or settlement is on a parcel that was condemned in a year in which the department was not required to report transactions, a 1099-S shall be submitted for the difference in the verdict or settlement (not including interest) and the original award. Do not include the original award in this submission, even though MoDOT never reported the original award.<br /> <br /> '''B. Reporting Payment of Interest'''<br /> <br /> When a jury verdict or a legal settlement results in $600 or more of interest being due the property owner, the payment of interest is to be reported to the Internal Revenue Service. In these cases, district right of way shall create a 1099-INT.<br /> <br /> When more than one property owner (other than husband and wife or partnerships) is involved in receiving proceeds from the acquisition, the reporting of interest is to be broken down by the same ratio as the allocation of the gross proceeds among the taxpayers.<br /> <br /> ==236.7.8 Contract Negotiation==<br /> <br /> ===236.7.8.1 Application for Employment as Contract Negotiator===<br /> <br /> All contracts for negotiation services shall comply with statutory, MODOT and E-Verify requirements when applicable. Please refer to [[236.3 Administration#236.3.11 Contracting with MoDOT and E-Verify Requirements|EPG 236.3.11 Contracting with MoDOT and E-Verify Requirements]] for more information.<br /> <br /> Right of Way negotiators employed under agreement by the MHTC must enjoy a good professional reputation and be able to provide evidence of significant experience in Federal-Aid projects and negotiating for [[236.10 Right Of Way Condemnation#236.10.7 Eminent Domain Guidelines|eminent domain]] acquisitions. Additional experience obtained through classes relating to the uniform act and negotiations is considered but not required.<br /> <br /> All fee negotiators who desire to work for MHTC on a contract basis must submit an [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Application%20Employment%20Contract%20Negotiator%20Form%207.8.1.pdf Application for Employment as a Contract Negotiator] (Form 7.8.1), to a district right of way office. When the application is received at the district office, a member of the right of way staff shall conduct an investigation to determine the qualifications of the applicant. This investigation shall be to the extent necessary to determine the abilities of the applicant and the applicant's general reputation within the profession. All clients shown on the application shall be contacted in person or by telephone. All applicants must be recommended by at least two clients.<br /> <br /> After the investigation is completed and district right of way is satisfied with the applicant's qualifications, the district shall transmit to the Right of Way Section its recommendation together with one copy of the application and such other exhibits considered pertinent to the approval process. The Right of Way Section will review the application material to determine the applicant's qualifications and will advise the district office, in writing, of the approval or disapproval of the applicant.<br /> <br /> '''Duration of Approval of Fee Negotiators on the Roster of Approved Negotiators'''<br /> <br /> Duration of approval on the Roster of Approved Fee Negotiators is 3 years. A renewal application will be sent to each fee negotiator prior to their 3 year expiration date as contained in MoDOT’s database. The renewal application will seek to determine the applicants desire to remain on the list and also to capture updated information including address, phone numbers, email addresses and areas of the state the applicant is interested in performing work. Renewal dates are contained in the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved Contract Negotiators (Form 7-8.2)]. If you have any questions you can contact the Right of Way Section of MoDOT's Design Division.<br /> <br /> ===236.7.8.2 Roster of Approved Contract Negotiators===<br /> <br /> The Right of Way Section will maintain a Roster of Approved Contract Negotiators (Form 7-8.2), listing all approved contract negotiators. The roster indicates the districts in which the individual is primarily available to work. However, approved negotiators may work in all areas of the state.<br /> <br /> ===236.7.8.3 Preliminary Contract Negotiation Fee Estimate===<br /> <br /> Although not required, it may be advisable in some circumstances to prepare a preliminary contract negotiation fee estimate. This will document that consideration was given to the negotiation problems that are anticipated and provide a basis for evaluating the reasonableness of proposed fees.<br /> <br /> ===236.7.8.4 Proposal for Contract Negotiations===<br /> <br /> The availability of qualified contract negotiators varies from one location to another and/or from one time period to another, depending upon current economic conditions. Departmental guidelines provides for both the solicitation of competitive proposals and for non-competitive contracting. The availability of qualified contract negotiators and project time constraints may determine the bid process that will be followed.<br /> <br /> Every effort shall be made to select the most qualified negotiators available for the particular assignments involved. Consideration should be given to anticipated negotiation problems, the talents and skills of the prospective negotiators, past performance, and present commitments. The negotiator must have experience working on federal-aid projects and provide a list of those projects within the application. The district shall contact by letter, telephone, or in person each of the selected negotiators to determine their interest in submitting proposals for the required work. <br /> <br /> Each prospective negotiator must familiarize themselves with all aspects of the proposed negotiations assignment. A member of the district right of way staff shall be available to accompany prospective negotiators during a field review of each parcel if requested, in order to acquaint them with project plans, rights being acquired, and any unique problems that may be encountered. <br /> <br /> A proposal packet shall be prepared for each selected negotiator, whether distributing competitive proposals or non-competitive proposals. Each proposal packet should contain the following:<br /> <br /> :* Proposal for Contract Negotiations (Form 7-8.4 (CCO RW33) (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), with parcel number, owner, and realty appraisal format completed on the price page).<br /> :* Blank copy of Negotiator Services Agreement (Form 7-8.5 (CCO RW34)). (Form RW34 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements])<br /> :*Right of Way Plans.<br /> :*Copies of appropriate negotiations forms and form letters.<br /> :*Envelope to district office with '''&quot;Proposed Negotiation Fees - Do Not Open,&quot;''' if requesting competitive proposals.<br /> <br /> '''A. Competitive Proposals for Contract Negotiations'''<br /> <br /> When the competitive proposal process for contracting negotiations is used, the district shall make a reasonable effort to secure proposals from those approved negotiators who have demonstrated expertise to accomplish the proposed negotiation assignments. The request for proposals shall be in writing and is to be mailed simultaneously to negotiators on the &quot;approved&quot; list.<br /> <br /> It should be noted that negotiation agreements are to be awarded to the lowest and best bid. The term &quot;lowest&quot; pertains strictly to the dollar amount of the proposal. The term &quot;best&quot; takes into consideration the issue of timeliness, or delivery date, the comparative level of experience of the bidders, and also the past records of individuals with respect to quality of work product and adherence to agreement requirements and deadlines. In other words, though important, mere submission of the lowest cost proposal will not, in and of itself, assure that bidder of being awarded a particular agreement.<br /> <br /> An envelope directed to District Office shall be provided with a notation prominently displayed '''&quot;Proposed Negotiation Fees - Do Not Open.&quot;''' A proposal packet shall be provided to each negotiator. Every negotiator should be warned not to add or delete any terms or conditions or amend the proposal in any way. Altered or amended proposals will be rejected at the time of opening.<br /> <br /> '''Electronic submissions or faxed submissions of proposals will not be accepted because confidentiality cannot be maintained'''.<br /> <br /> A designated district staff member shall retain all competitive proposals received until time of opening.<br /> <br /> :'''1'''. Opening of Proposals<br /> <br /> :District staff members shall open all proposals at the prescribed time. Personnel supervising the opening shall publicly announce to all in attendance the amounts recited in each proposal.<br /> <br /> :'''2'''. Selection of Successful Proposal<br /> <br /> : The lowest and best proposal is to be selected and the district will prepare a Negotiation Services Agreement (CCO RW34) for execution by the successful bidder. Agreements must contain the same provisions as the proposal.<br /> <br /> '''B. Non-Competitive Proposals for Contract Negotiations'''<br /> <br /> When staff workload or project completion considerations warrant, negotiations agreements may be awarded without competitive proposals, the district may proceed as follows:<br /> <br /> District shall select negotiators from the current Roster of Approved Contract Negotiators (Form 7-8.2). Every effort shall be made to select the most qualified negotiator available for the particular job. Consideration should be given to anticipated negotiation problems, negotiator’s experience, negotiator's past performance, pending assignments, etc. District personnel determine the selected negotiator’s availability to complete the work within a specified time.<br /> <br /> After the negotiator has been made aware of all facts regarding the prospective negotiations assignment, the district shall request a Proposal for Contract Negotiations (Form 7-8.4, RW33) (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), setting forth a fee for each parcel. Since competitive proposals are not involved, the Competitive Proposal paragraph may be deleted or marked &quot;not applicable.&quot; The proposal must be dated, signed, and submitted to the district office by the prospective negotiator.<br /> <br /> Should it be determined that the proposed fees appear excessive, the district right of way manager or a designee shall negotiate with the negotiator in an effort to achieve acceptable fees. In the event negotiations fail to produce acceptable fees, the district has the option to negotiate with another contractor or initiate the competitive bid process. Once acceptable fees are agreed upon, the district shall secure a Negotiator Services Agreement (CCO RW34).<br /> <br /> ===236.7.8.5 Negotiator Services Agreement===<br /> <br /> All Fee Negotiators performing negotiation work for the Missouri Highways and Transportation Commission shall do so by a fully completed and executed Negotiator Services Agreement (Form 7-8.5 (CCO RW34)) (Form RW34 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]). Negotiator Services Agreements with individuals or companies shall designate the individual(s) who shall perform the negotiation services. An officer shall execute all agreements with companies. Each agreement shall include a copy of the negotiator’s proposal (Form 7-8.4, RW33). (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> Three copies of the Negotiator Services Agreement shall be executed by appropriate MoDOT staff in accordance with the Commission’s Execution of Documents Policy. <br /> <br /> '''A. Distribution of Fully Executed Negotiations Agreements'''<br /> <br /> One fully executed copy shall be returned to the contractor, one copy shall be retained by district right of way and one shall be submitted to the Controller’s Division.<br /> <br /> '''B. Notice to Proceed'''<br /> <br /> The agreement requires a written notice to proceed, with which the negotiator should be provided a current set of highway plans and other data necessary to accomplish the assignment.<br /> <br /> ===236.7.8.6 Supplemental Negotiator Services Agreements===<br /> <br /> Subsequent to the execution of the initial agreement, it sometimes becomes necessary, due to plan changes or other considerations, to request additional negotiations services. If such services are required, they are to be secured by processing a supplemental negotiations agreement. <br /> <br /> Supplemental Negotiator Services Agreement (Form 7-8.6, (CCO RW35)) (Form RW35 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is designed to minimize administrative efforts when it becomes necessary to add parcels to the original agreement, or change the scope of the required services.<br /> <br /> The Supplemental Negotiator Services Agreement refers to specifications as recited in original agreement, so it becomes imperative that such requirements and specifications are effective at the date &quot;new&quot; parcels or required services are added to the original contract. New parcels shall be construed to mean tracts not previously included or where the plan or ownership revisions are so acute as to require additional services. Also a calendar period or time frame in which the work is to be completed must be specified.<br /> <br /> Three copies of the Supplemental Negotiator Services Agreementshall be executed in accordance with the Commission’s Execution of Documents Policy. One fully executed copy shall be returned to the contractor, one copy shall be retained by district right of way and one shall be submitted to the Controller’s Division.<br /> <br /> ===236.7.8.7 Contract Negotiator Performance Evaluation===<br /> <br /> The last paragraph of Proposal for Contract Negotiation (Form 7-8.4, RW33) (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), advises contractors that their overall performance will be carefully evaluated and that failure to perform at an acceptable level can result in their removal from MoDOT’s Roster of Approved Contract Negotiators (Form 7-8.2).<br /> <br /> Consistent with the statements of the proposal, the district shall evaluate the performance of the contract negotiator after completion of all negotiations assignments in a given assignment. The [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Contract%20Negotiator%20Performance%20Form%207.8.7.pdf performance shall be rated] (Form 7-8.7). It is essential that this report be fully completed.<br /> <br /> For the evaluation process to be meaningful all answers must accurately reflect the conclusions of the person completing the form, based on a thorough analysis of the contractor’s performance on that specific agreement. Some questions may require more than a simple yes or no answer. If that is the case the comments should be written on a separate page and attached to the evaluation report.<br /> <br /> Properly used the Performance Evaluation can be of considerable value to MoDOT in effectively managing contract negotiations work. It is intended to serve as the documentary basis for the retention or dismissal of contract negotiators. If contractors are to be removed from the Roster of Approved Contract Negotiators based on poor performance, they must be notified in writing.<br /> <br /> '''A. Distribution of Evaluation Form'''<br /> <br /> Upon completion of the district section of the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Contract%20Negotiator%20Performance%20Form%207.8.7.pdf Performance Evaluation], it is to be signed by the preparer, a copy retained by the district, and one copy submitted to the Right of Way Section. A copy shall also be given to the contract negotiator.<br /> <br /> '''B. Notification to Contract Negotiator of Removal from Roster of Approved Contract Negotiators (Form 7-8.2)'''<br /> <br /> If after one or more examples of unsatisfactory performance, which results in a recommendation to remove from the Roster of Approved Contract Negotiators, a letter signed by the Asst. to the State Design Engineer - Right of Way shall be mailed to the contract negotiator advising that they have been removed from the Roster of Approved Contract Negotiators.<br /> <br /> ==236.7.9 Special Benefit Acquisitions==<br /> <br /> ===236.7.9.1 Purpose===<br /> <br /> This information establishes MoDOT’s procedures for partial acquisitions from properties that result in Special Benefits to the remainder.<br /> <br /> ===236.7.9.2 Special Benefit Acquisitions===<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Special%20Benefit%20Offer%20Letter%20Form%207.9.2.docx Special Benefits] are those benefits accruing to the land adjacent to the public improvements that do not accrue to the public at large. When an appraisal reveals an enhancement in the value of an owner's remaining property the enhanced value may merely be reflected in a lowered estimate of Just Compensation, or it may result in a zero indication of Just Compensation. Both situations are to be considered Special Benefit cases.<br /> <br /> Special benefits reflected in an appraisal must be supported with concurrence from district counsel and written documentation attached to the appraisal.<br /> <br /> Dual compensation amounts will be offered to owners of residentially improved properties, to reflect the acquisition area with special benefits to the remainder, and the acquisition of the entire property at its before value.<br /> <br /> Dual offers for residentially improved properties are implemented at the discretion of the Asst. to the State Design Engineer - Right of Way. It will be solely the discretion of the Asst. to the State Design Engineer - Right of Way to apply this policy to other than residential property. The size and value of a remainder may dictate the MHTC’s ability to acquire entire large, higher valued properties.<br /> <br /> '''A. Dual [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Special%20Benefit%20Offer%20Letter%20Form%207.9.2.docx Offers for Special Benefits] on Residentially Improved Properties'''<br /> <br /> Dual offers are to be extended at the initiation of negotiations for properties where residential improvements are affected.<br /> <br /> No single-family dwelling that has contributory value, whether occupied or unoccupied at the effective date of appraisal or date of acquisition, shall be compensated at less than its contributory value due to the assessment of special benefits. Further, an occupied dwelling must be compensated for on the basis of its value as a residential use.<br /> <br /> '''First Offer'''<br /> <br /> If the acquired dwelling is occupied or unoccupied, and contributes to the before value, the first offer would reflect at least the value of the dwelling and supporting land and improvements.<br /> <br /> If the acquired dwelling is unoccupied and has no contributory value before the acquisition, the first offer will be the reduced or zero offer.<br /> <br /> '''Second Offer'''<br /> <br /> In every case, the second offer will reflect the total before property value, based on its highest and best use before the acquisition.<br /> <br /> '''B. Acquisition of Residential Dwelling With Contributory Value – Whether Occupied or Unoccupied'''<br /> <br /> (Occurs when the highest and best use before acquisition is residential, and the highest and best use after acquisition is a higher, more valuable use.)<br /> <br /> If there are special benefits to a remainder, and an occupied or unoccupied dwelling which has value in the before situation is to be acquired, a dual offer will be prepared and extended to the owner at the initiation of negotiations. Offers to acquire an occupied or unoccupied dwelling will include compensation based on the contributory value of the dwelling, residential outbuildings, and supporting land, plus any additional contributory value of other land area in the acquisition, which will have been set out in the appraisal review. The second offer will be the entire before value as set out in the appraisal review.<br /> <br /> '''C. Acquisition of an Occupied Dwelling With No Contributory Value to the Current Highest and Best Use'''<br /> <br /> (Occurs when the highest and best use of the land, before the acquisition, is greater than residential.).<br /> <br /> If there are special benefits to a remainder, and an occupied dwelling which has no contributory value in the before situation is to be acquired, a dual offer will be prepared and extended to the owner at the initiation of negotiations. The first offer will be at least the value of the dwelling, residential outbuildings, and supporting land, approved in the appraisal review. The second offer will be the entire before value as set out in the appraisal review.<br /> <br /> '''D. Acquisition of Unoccupied Dwelling That Has No Contributory Value to the Current Highest and Best Use'''<br /> <br /> If there are special benefits to a remainder and an unoccupied dwelling, which has no contributory value in the before situation is to be acquired, the property shall be appraised for its highest and best use in both the before and after situation with no special consideration being given the improvements.<br /> <br /> No dual offer would be necessary in this situation.<br /> <br /> <br /> <br /> [[category:236 Right of Way|236.07]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=236.7_Negotiation&diff=51771 2022-08-23T20:13:58Z

<p>Hallej1: /* 236.7.1.14 Delivery of Payments */</p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:15px; border: 1px solid #cccccc; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;310px&quot; align=&quot;right&quot; <br /> |- <br /> |'''Forms'''<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Administrative%20Settlement%20Justification%20Letter%20Form%207.3%203%201.pdf Administrative Settlement Justification Letter (Form 7-3.3.1)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Application%20Employment%20Contract%20Negotiator%20Form%207.8.1.pdf Application for Employment as Contract Negotiator (Form 7.8.1)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation (Form 6.4.3)]<br /> |-<br /> |[http://epg.modot.org/forms/RW/Chapter%207_Negotiation/Contract%20Negotiator%20Performance%20Form%207.8.7.pdf Contract Negotiator Performance Evaluation (Form 7-8.7)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Disclaimer%20of%20Interest%20in%20Tenant%20Owner%20Form%207.2.5C.docx Disclaimer of Interest in Tenant Owned Improvement (Form 7-2.5C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Donation%20Letter%20waiver%20of%20Appraisal%20Form%207.2.12.docx Donation Letter &amp; Waiver of Appraisal (Form 7-2.12)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Title%20VI%20Survey.doc MoDOT Public Participation Survey (Title VI Survey)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Title%20VI%20Survey.pdf MoDOT Public Participation Survey (Title VI Survey) – External Version]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator's Report (Form 7-2.13)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%207_Negotiation/Offer%20Letter%20Form%20-%20Capital%20Improvements%207.6.3.docx Offer Letter Form – Capital Improvements (Form 7.6.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20prior%20Cond%20Form%207.2.5.D.docx Offer Letter - Combined Fee and Tenant Owners - Use Prior to Condemnation (Form 7.2.5D)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Owner%20Form7.2.5.A.docx Offer Letter - Fee Owner (Form 7.2.5A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Owner%20No%20Declaimer%20Form%207.2.5.B.2.docx Offer Letter - Tenant Owner No Disclaimer (Form 7.2.5B(2))]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Form7.2.5.B.1.docx Offer Letter - Tenant Owner with Disclaimer (Form 7.2.5B(1))]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%207_Negotiation/Preliminary%20Contract%20Form%207.8.3.docx Preliminary Contract Negotiation Fee Estimate (Form 7-8.3)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%207_Negotiation/Pre-trial%20report%20Exh%205E.1.docx Pre-Trial Report]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20Owners%20section.pdf Prorata Real Estate Tax Claim, Owner's Section (Form 7-2.22C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20MoDOT%20section.pdf Prorata Real Estate Tax Claim, MoDOT's Section (Form 7-2.22D)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Renewal%20Application%20Contract%20Negotiator%20Form%207.8.1.A.pdf Renewal Application for Employment as Contract Negotiator (Form 7-8.1a)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20Allocation%20Gross%20Proceeds%20Form%207.7.3.pdf Request for Allocation of Gross Proceeds (Form 7-7.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20for%20TIN%20and%20Allocation%20of%20Gross%20Proceeds%20Form%207.7.3.A.docx Request for Taxpayer Identification Number and Allocation of Gross Proceeds - Sample Letter (Form 7-7.3A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Requirements%20for%20the%20Retention%20Form%207.4.2C.pdf Requirements for the Retention of Improvements (Form 7-4.2C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved Contract Negotiators (Form 7-8.2)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Release%20Funds%20Held%20in%20Escrow%20Form%207.1.17.docx Sample Letter - Release of Funds Held in Escrow (Form 7-1.17C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Special%20Benefit%20Offer%20Letter%20Form%207.9.2.docx Sample Letter - Special Benefit Offer Letter (Form 7-9.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Check%20to%20Owner%20Form%207.1.17.docx Sample Letter - Transmittal of Check to Owner (Form 7-1.17A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Checks%20to%20Escrow%20Agent%20Form%207.1.17.B.docx Sample Letter - Transmittal of Checks to Escrow Agent (Form 7-1.17B)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Settlement%20Trial%20Report%20Exh%205E.2.docx Settlement/Trial Report]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Written%20Notice%20of%20the%20Intended%20Acq%20of%20ODA%20Form%20236.7.2.6.docx Written Notice of the Intended Acquisition for Outdoor Advertising (Form 236.7.2.6)]<br /> |-<br /> |Forms RW2, RW8, RW10, RW15, RW20, RW23, RW25, RW33, RW34 and RW35 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].<br /> |}<br /> <br /> ==236.7.1 General Provisions==<br /> <br /> ===236.7.1.1 Authority===<br /> <br /> The Missouri Highways and Transportation Commission is empowered by law, [https://revisor.mo.gov/main/OneSection.aspx?section=227 Chapter 227.120, RSMo.], to purchase, lease or condemn lands in the name of the Missouri Highways and Transportation Commission for purposes deemed necessary for the proper and economical construction and maintenance of state highways. The Commission approves by Certification the detail plans of each project and authorizes the Chief Engineer to acquire all the land, property and rights indicated on said plans by purchase or the Chief Counsel to acquire by condemnation. The Asst. to the State Design Engineer - Right of Way has authority to acquire land, property and rights as indicated on right of way plans through the district right of way offices. <br /> <br /> ===236.7.1.2 Project Authorization===<br /> <br /> Acquisition of property rights cannot commence on any project until the project manager obtains acquisition authority as described in [[236.3 Administration#236.3.4 Right of Way Acquisition Authority and Project Funding|EPG 236.3.4 Right of Way Acquisition Authority and Project Funding]].<br /> <br /> ===236.7.1.3 Hardship Acquisition Authorization===<br /> <br /> Justification for a [https://epg.modot.org/index.php?title=236.3_Administration#Request_for_Hardship_Acquisition hardship acquisition] must be reviewed and approved by the Asst. to the State Design Engineer - Right of Way on a parcel-by-parcel basis.<br /> <br /> ===236.7.1.4 Protective Buying Authorization===<br /> <br /> Justification for a protective purchase to prevent imminent development and increased costs of a parcel, must be reviewed and approved by the Asst. to the State Design Engineer - Right of Way on a parcel-by-parcel basis. Refer to [https://epg.modot.org/index.php?title=236.3_Administration#Contents_of_Request EPG 236.3.4.5 Advance Acquisition - Hardship and Protective Buying] for more information.<br /> <br /> ===236.7.1.5 Who Conducts Negotiations===<br /> <br /> '''Staff Negotiations'''<br /> <br /> The term &quot;negotiator&quot; as used here refers to any member of the right of way staff performing negotiations for property or property rights.<br /> <br /> By authority of the Missouri Highways and Transportation Commission, negotiations for the acquisition of real property and/or property rights for highway purposes are conducted by qualified right of way personnel. Such personnel must meet the minimum qualifications for the position of right of way specialist as outlined in the Missouri Department of Transportation's Job Specifications Manual. Other right of way personnel not meeting these minimum qualifications can perform negotiations under the direct guidance of the district right of way manager, the chief negotiator, or a qualified senior or certified right of way specialist.<br /> <br /> Individuals, who determine values on waiver valuations, may establish just compensation as well as negotiate with the owner for acquisition. An appraiser/negotiator, must fulfill the requirements of owner contact as outlined in [[236.7 Negotiation#236.7.2 Guidelines and Procedures|EPG 236.7.2]].<br /> <br /> '''Contract Negotiations'''<br /> <br /> Contract negotiators may conduct negotiations under written agreement as described in [[236.7 Negotiation#236.7.8 Contract Negotiation|EPG 236.7.8]]. The amount of the fee shall be established on a parcel basis. The Right of Way Section must approve contract negotiators prior to employment. The Right of Way Section maintains a Roster of Approved Contract Negotiators (Form 7-8.2).<br /> <br /> ===236.7.1.6 Acquisition of Real Property Interest===<br /> <br /> All rights, title, interest of fee hold and subordinate interests in real property are to be acquired as necessary, for the proper and economical construction, operation, protection, support, preservation and maintenance of state highways.<br /> <br /> Generally, the use of Partial Deeds of Releases or Subordinations, on mortgages and deeds of trust are '''not''' necessary when:<br /> <br /> :*The approved compensation is based on the use of a waiver valuation.<br /> :*Only a partial acquisition is involved and the property remaining has adequate value to secure the existing mortgage or deed of trust.<br /> :*Access rights are '''not''' being acquired.<br /> :*The property is '''not''' being condemned.<br /> <br /> This list is a general guide and is not intended to be all-inclusive. The district right of way manager should be aware of all situations waiving partial releases and subordinations.<br /> <br /> The Right of Way Section, with concurrence from Chief Counsel's Office, approves exceptions to the acquisition of other property rights on an individual case or project basis. Exceptions may be, but are not limited to, the reservation of subsurface mineral rights, gas storage rights or a limitation on vertical dimension for multiple uses.<br /> <br /> ===236.7.1.7 Public Information Brochure===<br /> <br /> A brochure entitled '''[http://eprojects/Templates/RW/Chapter%207_Negotiation/Pathways%20for%20Progress%20brochure.pdf Pathways for Progress]''' is available to the general public and for distribution at all public hearings for highway projects. It briefly describes the department's general procedures in the phases of appraisal, negotiation, settlement, closing, mediation and eminent domain.<br /> <br /> ===236.7.1.8 Pre-Negotiation Public Relations Contact===<br /> <br /> Acquisition personnel may be assigned, commensurate with anticipated problems, to make calls upon property owners and discuss acquisition procedures and provide general information concerning the proposed highway project. An employee, who may later be involved with the appraisal, negotiation, or relocation for the project, may make such calls. Care should be taken to avoid discussing assumptions, possible offers, possible damage, or value conclusions. This initial call should be brief and is only intended to provide project information, and promote the public relations.<br /> <br /> ===236.7.1.9 Negotiating Through a Third Party===<br /> <br /> Negotiations shall not be conducted through a third party unless the property owner has provided written authorization, or the third party is a legally appointed representative for the owner. If an attorney has been retained, and the owner has provided a written authority, all negotiations must be conducted with the attorney unless a written waiver of negotiations is received from the attorney.<br /> <br /> ===236.7.1.10 Initiation of Negotiations===<br /> <br /> The term &quot;Initiation of Negotiations&quot; relates to the date on which the department presents the owners of the subject parcel, or their designated representative, a written offer for the property or rights to be acquired. When non-resident owners are involved who cannot be contacted in person, initiation of negotiations for the parcel shall be the date such owners or their designated representative received the first communication by mail or telephone from the department in which a monetary offer to purchase is made. (Certified mail with return receipt requested must be used when the above contact is made by mail to establish and document the date that the written offer is received by the relocatee or by the relocatee's representative.)<br /> <br /> ===236.7.1.11 Relocation Assistance Information===<br /> <br /> Residential owner occupants being displaced are to be provided an explanation of the relocation benefits for which they are eligible. Offers to acquire property and/or property rights are not to be made to displaced owner occupants until the owner can be provided with the required relocation information.<br /> <br /> ===236.7.1.12 Relocation Section Notices===<br /> <br /> [http://eprojects/Templates/RW/Chapter%208_Relocation/Initiation%20of%20Negotiations%20Statement%20From%20236.8.5.5.docx &quot;Initiation of Negotiations Statement&quot;] (RA Form 8-5.5)<br /> <br /> This form is to be submitted to the district relocation section immediately after the first initiation of negotiation on a project, and immediately after initiation of negotiations for each individual parcel, affected by the relocation program. This form is not applicable to parcels not affected by the relocation program.<br /> <br /> [http://eprojects/Templates/RW/Chapter%208_Relocation/Acquisition%20Statement%20Form%20236.8.5.8.B.docx &quot;Acquisition Statement&quot;] (RA Form 8-5.8(b))<br /> <br /> This form is to be completed by the negotiator and submitted to the relocation section immediately after all interest in the parcel is acquired when the relocation program affects the parcel.<br /> <br /> ===236.7.1.13 Pre-Negotiation Preparation===<br /> <br /> The accumulation of materials and information necessary to conduct and complete negotiations for the orderly and efficient acquisition of the proposed property and property rights is the logical first step in negotiation. At a minimum, the negotiator should be supplied with the following information:<br /> <br /> :*Title reports of all recorded interests<br /> :*Documents necessary to acquire all interests<br /> :*Right of way plans<br /> :*Appraisal reports<br /> :*Offer letter<br /> <br /> In order to make an informed explanation of the proposed acquisition to an owner, the negotiator should make a comprehensive study of the plans, title report, documents and appraisal report. The negotiator should also know what documents will be required for closing depending on ownership and value of the property. The checklist of items (provided in the links following), include those required documents, depends on whether [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator%20Packet%20Table%20of%20Contents%20-%20Closing%20with%20MoDOT.doc MoDOT] or a [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator%20Packet%20Table%20of%20Contents%20-%20Closing%20with%20Title%20Company.doc title company] will be conducting the closing.<br /> <br /> The following information must be entered in the Parcel Acquisition screen in RWPA for each parcel being acquired: Parcel Number, Classification, Status and any Fee Holder and Tenants.<br /> <br /> ===236.7.1.14 Delivery of Payments===<br /> <br /> '''Owners and Tenants'''<br /> <br /> At the discretion of the district right of way manager any full-time right of way employee may deliver payment checks for acquisition of property interests.<br /> <br /> Upon personal delivery of each check the responsible right of way employee is to obtain the signature of the recipient acknowledging receipt of the payment.<br /> <br /> Payments mailed to owners shall be by certified mail with return receipt requested. A [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Check%20to%20Owner%20Form%207.1.17.docx sample letter] (Form 7-1.17A) is available for sending checks to owners/tenants.<br /> <br /> The Mailed Check Letter and Receipt of Check must be entered in eProjects under the applicable project and parcel.<br /> <br /> The following information must be entered in the Parcel Acquisition screen in RWPA for each parcel being acquired: Physical Possession Obtained and Legal Possession obtained.<br /> <br /> '''Escrow Agents'''<br /> <br /> Payments to escrow agents may be delivered by any person or by certified mail with return receipt requested. Submission of payments to escrow agents shall be [https://epg.modot.org/forms/RW/https://epg.modot.org/forms/RW/ by letter] (Form 7-1.17B). Owners are to be notified in writing of the date their payment is delivered to escrow agent.<br /> <br /> '''Release of Funds in Escrow'''<br /> <br /> To release funds retained in escrow for removal of improvements, etc., the escrow agent shall be notified by [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Release%20Funds%20Held%20in%20Escrow%20Form%207.1.17.docx written notice] (Form 7-2.17C) with a copy mailed to owner involved. Escrow agents shall furnish proof of disbursement of all funds for parcel files.<br /> <br /> ===236.7.1.15 Recording of Documents===<br /> <br /> All documents conveying land, easements, realty rights, mortgage releases and restrictive easements to the Commission, regardless of the consideration recited therein, shall be recorded in the appropriate recorder of deeds office and uploaded in eProjects under the applicable project and parcel. <br /> <br /> The following data fields must be entered in RWPA on the Deeds screen, including when the acquisitions are donated: Fee Holder Deed Signed (date), Deed Recorded (date), Book Recorded No., Page Recorded No., Document No.(whichever are applicable), check the free deed box if the parcel was donated. Area acquired: provide the amount of acres/square feet acquired in each category: permanent right of way, temporary easement, permanent easement, utility easement and unity of measure.<br /> <br /> It is not required to record disclaimers, rights of entry, releases of outdoor advertising rights and signs acquired, releases for LP tanks, or other documents that do not convey an interest in land being acquired. If tenants have a recorded lease, it may be necessary to record any of the above documents that may impact lease provisions.<br /> <br /> Special agreements prepared by the Chief Counsel that convey, alter or qualify property rights between the parties will be recorded unless otherwise indicated by the Chief Counsel's office.<br /> <br /> ==236.7.2 Guidelines and Procedures==<br /> <br /> ===236.7.2.1 Purpose===<br /> <br /> This information establishes guidelines and procedures related to the acquisition function in negotiations for land, property and rights needed for the proper and economical construction and maintenance of state highways. The intent and purpose is to assure uniform acquisition practices, which will provide consistent and equitable treatment for owners and tenants of real property acquired.<br /> <br /> ===236.7.2.2 General Procedure===<br /> <br /> All negotiations shall be expeditious and result in the property owner receiving just compensation; the settlement being just and fair to the owner and the public; every courtesy, consideration and patience being extended to the property owner; and create trust in the Missouri Department of Transportation Department and its employees.<br /> <br /> All offers shall represent the approved amount of Just Compensation as determined through the department's valuation procedures. The negotiator shall make a reasonable effort to demonstrate and promote confidence in the Approved Just Compensation offer.<br /> <br /> If the negotiator discovers facts, which were not recognized in the Just Compensation, the information shall be made available to the district right of way manager. Full consideration to and evaluation of these items will be made prior to continuation of negotiations.<br /> <br /> Negotiators must demonstrate that they represent the interests of the property owner as well as those of the public. Care should be exercised at all times to protect the interests of owners who may be unfamiliar or inexperienced in real estate transactions.<br /> <br /> Negotiators are required to maintain a written Record of Negotiations, documenting that all elements of the transaction were given adequate consideration and that there was a mutual understanding between the negotiator and the property owner.<br /> <br /> ===236.7.2.3 Prompt Offer of Just Compensation===<br /> <br /> All offers of Approved Just Compensation shall be promptly presented to property owners or their designated representatives. A minimum offer of $500 shall be made to a property owner when the appraised value is determined to be less than $500. It may be appropriate to reduce the minimum offer under certain circumstances with the approval of the Assistant to State Design Engineer – Right of Way. If approved, a reduced minimum offer will apply to the entire project. District management should determine the appropriate timing for delivery of offers within the scope of good negotiating practices. An offer letter must be presented to the owner at least 30 days prior to filing a condemnation petition, as further described in [[236.10 Right Of Way Condemnation|EPG 236.10]].<br /> <br /> ===236.7.2.4 Offer Letter and Supporting Documentation===<br /> <br /> Use [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Owner%20Form7.2.5.A.docx Form 7.2.5A], [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Form7.2.5.B.1.docx 7.2.5B(1)], or [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Owner%20No%20Declaimer%20Form%207.2.5.B.2.docx 7.2.5B(2)]. Delete unused phrases and instructions. Use the date the offer letter is delivered or mailed to the owner.<br /> <br /> '''A. Delivery of Offer Letter'''<br /> <br /> Offer Letters must be hand delivered or sent by certified mail. A cover letter providing an explanation of the proposed acquisition and the supporting documents described in EPG 236.7.2.4C should be included if the offer is delivered by mail. If an offer must be made by phone, it must be followed with an offer letter and all required attachments sent by certified mail.<br /> <br /> When an owner has authorized a designated representative and so notified MoDOT in writing, or there is a court-appointed representative, the Offer Letter need only by delivered to the representative.<br /> <br /> '''B. Initiations of Negotiations'''<br /> <br /> Delivery of an Offer Letter establishes the Initiation of Negotiation date for a parcel. Initiation of negotiations is established by the delivery of an offer letter to one owner of a multiple ownership, but all owners are to be furnished all relevant offer items described in EPG 236.7.2.4C.<br /> <br /> '''C. Supporting Documents'''<br /> <br /> Upon initiation of negotiations for the acquisition of property or property rights from a property, each owner or representative will be provided with the following:<br /> <br /> :*Offer letter<br /> :*Appraisal or waiver valuation<br /> :*[http://eprojects/Templates/RW/Chapter%207_Negotiation/Pathways%20for%20Progress%20brochure.pdf Pathways for Progress brochure]<br /> :*Conveyance documents<br /> :*Blank Escrow Agreement, if applicable<br /> :*Pro Rata Real Estate Tax Claim form<br /> :*Plan sheet, portion of plan sheet or plat illustrating the acquisition and the remainder<br /> :*When applicable and appropriate, provide [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20Allocation%20Gross%20Proceeds%20Form%207.7.3.pdf Request for Allocation of Gross Proceeds], (Form 7-7.3).<br /> :*MoDOT Public Participation Survey (Title VI Survey).<br /> <br /> When the MoDOT Public Participation Survey (Title VI Survey) is returned, the information provided should be entered in the Parcel Acquisition screen in RWPA under the applicable project and parcel.<br /> <br /> '''D. Donation'''<br /> <br /> An offer letter is not required when requesting donated property and property rights. Refer to [[#236.7.2.11 Donation of Real Property|EPG 236.7.2.11 Donation of Real Property]].<br /> <br /> ===236.7.2.5 Offer Letter Formats===<br /> <br /> '''A. Fee Owners'''<br /> <br /> Applicable portions of the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Owner%20Form7.2.5.A.docx Offer Letter - Fee Owner] (Form 7.2.5A), along with the appraisal or waiver valuation, are to be delivered to the fee owner or a designated representative.<br /> <br /> '''B. Tenant Owners'''<br /> <br /> :1. Offer Letter - Fee Interest Acquired or Disclaimed<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Form7.2.5.B.1.docx Offer Letter-Tenant Owner] (Form 7.2.5B(1)) is to be used for offers to owners of tenant-owned improvements when the owners of the land have conveyed their interest, or when the landowners have disclaimed all interest in the tenant-owned improvements.<br /> <br /> :2. Offer Letter - Fee Interest '''Not''' Acquired or Disclaimed<br /> <br /> :When the land owners have not conveyed or disclaimed their interests in the tenant-owned improvements, the offer to tenant-owners will be made by use of a letter designated as [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Owner%20No%20Declaimer%20Form%207.2.5.B.2.docx Offer Letter - Tenant Owner No Disclaimer], (Form 7.2.5B(2)) with a [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Disclaimer%20of%20Interest%20in%20Tenant%20Owner%20Form%207.2.5C.docx Disclaimer] (Form 7.2.5C) attached.<br /> <br /> :The tenant offer will be conditioned upon the tenant obtaining execution of the necessary disclaimers. Completion of the transaction including Release of Structures and Leasehold, (CCO RW15) (Form RW15 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) and payment shall not be made unless the landowners convey their interest by deed or provide a disclaimer.<br /> <br /> '''C. Disclaimer by Owner in Tenant Owned Improvements'''<br /> <br /> When a separate amount of just compensation is approved for an improvement owned by a party other than the owner of the land, payment for such improvement shall not be made unless the owner of the land disclaims all interest in the tenant-owned improvement. The fee owner may disclaim interest in such improvement by execution of either a deed of conveyance of right, title and interest or a [[media:236.7 Form 7-2.5C.docx|Disclaimer]] (Form 7.2.5(C)).<br /> <br /> When the fee owner does not execute a deed or a disclaimer, the offer of just compensation for the improvement and the disclaimer will be presented to the tenant owner with the condition that settlement will be made provided that the tenant is successful in obtaining execution of the necessary disclaimers.<br /> <br /> '''D. Combined Fee-Owner and Tenant-Owner Offer Letter for Condemnation Purposes'''<br /> <br /> Immediately prior to condemnation proceedings for a parcel where tenant-owned structures are involved, a letter designated [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20prior%20Cond%20Form%207.2.5.D.docx Offer Letter - Combined Fee and Tenant Owners], (Form 7.2.5D), is to be presented to all fee owners of record or their designated representative with a copy of the letter to all tenant owners.<br /> <br /> This offer will be the total of the amounts of just compensation approved for fee and tenant owners. The brochure, deed and valuation document are not required with this letter.<br /> <br /> '''E. Revised Offers'''<br /> <br /> When the approved just compensation has been presented to the owner and it is revised through the appraisal process, it is necessary to provide such owners with an offer letter reflecting the revised figure and reason for the revision.<br /> <br /> :'''1'''. Fee Owners<br /> <br /> :The first paragraph of [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Owner%20Form7.2.5.A.docx Offer Letter - Fee Owner] (Form 7.2.5A) will be omitted and replaced with the<br /> following paragraph for revised offers.<br /> <br /> ::&quot;In a previous letter you were offered the sum of $____________ for certain real property and rights needed for improvement of the above highway project. It is necessary to revise that offer previously made to you because ____________.&quot;<br /> <br /> :Use the remaining paragraphs from the original letter, and the following, if appropriate. “Also attached is a revised valuation document”.<br /> <br /> :'''2'''. Tenant Owners<br /> <br /> :The first paragraph of Offer Letter - Tenant Owner, Forms [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Form7.2.5.B.1.docx 7.2.5B(1)] and [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Owner%20No%20Declaimer%20Form%207.2.5.B.2.docx 7.2.5B(2)], will be omitted and replaced with the following paragraph for revised offers.<br /> <br /> ::&quot;In a previous letter you were offered the sum of $____________ for certain structures located on property needed for improvement of the above highway project. It is necessary to revise that offer previously made to you because _____________________.&quot;<br /> <br /> :Use the remaining paragraphs from the original letter, and the following, if appropriate.<br /> <br /> '''F. Rescinded Offers'''<br /> <br /> In certain situations, it may be necessary to rescind an offer due to a plan change, delay in funding, etc., that eliminates the need to acquire any property and property rights. When this occurs, a written notice rescinding the offer shall be sent to the property owner by certified mail. The notice should include the reason an acquisition from the property is no longer needed.<br /> <br /> ===236.7.2.6 Improvements Acquired or Damaged===<br /> <br /> '''A. Interest in Improvements Acquired'''<br /> <br /> An equal interest shall be acquired in all buildings, structures or other improvements determined to be a part of the real property when such improvements are to be removed from the land acquired.<br /> <br /> '''B. Improvements Located Partially Within the Acquisition Area'''<br /> <br /> Improvements located partially within the acquisition area that are designated for removal as indicated by temporary easements shall be totally removed, unless the owner retains the improvement and cuts it at the new boundary line.<br /> <br /> The decision to allow an owner to retain and cut an improvement at the new boundary line, must be made during negotiations. In making this decision the owner is to understand that the Department will have to reevaluate its offer through the appraisal process. If a revised offer is unacceptable to the owner, the original offer and plan for total removal of the improvement will apply and if necessary condemned as originally designed.<br /> <br /> '''C. Fee-Owned Improvements'''<br /> <br /> Owners will be compensated for any loss in fair market value of improvements that are not required to be removed but are adversely affected as a result of the acquisition, as determined by appraisal.<br /> <br /> '''D. Tenant-Owned Improvements'''<br /> <br /> Tenant-owned improvements will be acquired by Release of Structures and Leasehold, (Form 7-2.7D (CCO RW15)). (Form RW15 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> :'''1'''. Improvements Acquired or Damaged - Release of Structures and Leasehold<br /> <br /> :Tenants who have the right or obligation to remove real property improvements that contribute to the real estate value, as determined in the appraisal process, have a compensable interest in those improvements. Compensation may include one or more of the following:<br /> <br /> ::*The contributory fair market value for the improvement being acquired, or the value for removal purposes which ever is greater<br /> ::*Damages the improvement suffers as a result of the acquisition<br /> ::*The value of any leasehold interest<br /> <br /> :'''2'''. No Payment to Tenant Before Fee Interest Acquired or Disclaimed<br /> <br /> :No payment shall be made to a tenant for an improvement unless the landowner involved conveys or disclaims all interest in the improvement.<br /> <br /> :'''3'''. Condemnation of Tenant-owned Improvements<br /> <br /> :Eminent Domain Law provides the same rights and protections to tenants and fee owners. Any tenant has the right to reject payment for improvements as outlined above and obtain payment for such property interests through eminent domain proceedings applicable to Missouri law. In these situations it will be necessary to condemn all interest in the property including the fee owner.<br /> &lt;div id=&quot;E. Acquisition of Outdoor Advertising Billboards&quot;&gt;&lt;/div&gt;<br /> <br /> '''E. Acquisition of Outdoor Advertising Billboards'''<br /> <br /> Outdoor advertising structures are defined as all signs, billboards, drawings or paintings which advertise activities conducted elsewhere or services and/or products provided other than at the subject property. They should not be confused with on-premise signs, which advertise activities conducted on the premises or services and/or products provided on the property.<br /> <br /> It has been determined that owners of outdoor advertising signs have the right or obligation to remove such structures at the termination of the lease or agreement. Therefore, such structures are generally acquired like other tenant-owned improvements, as addressed above, with the following exceptions.<br /> <br /> :'''1'''. Outdoor Advertising Structures Considered Real Estate<br /> <br /> :All outdoor advertising structures shall be valued as real estate and an offer made for just compensation. In the event a sign is categorized as Conforming out of Standard by the Outdoor Advertising staff, the right of way staff will follow the Sign Agreement Reset Program procedures.<br /> <br /> :'''2'''. Salvage of Outdoor Advertising Billboards<br /> <br /> :Retention and salvage of outdoor advertising structures is permitted, provided the offer is reduced by the salvage value established in the valuation process. The salvage value may be waived or reducted during negotiations to reach an administrative settlement.<br /> <br /> :As a means to facilitate negotiations, district right of way may agree to leave the sign in place for a specified period of time by use of an Extension of Possession Agreement (CCO RW12). The agreement must state a maximum time period for the sign to be left in place, and a physical possession date must be agreed to by the parties. The physical possession date shall be specific, and not merely include phrases like, “until construction of the project,” “until needed for construction,” etc. For more information on removal procedures, refer to [https://epg.modot.org/index.php?title=236.5_Property_Management#236.5.26_Acquired_Improvements EPG 236.5.26].<br /> <br /> :Outdoor advertising structures located partially within the acquisition area shall be totally removed unless the owner of the sign retains the structure and modifies it to completely avoid Commission owned property. Contact your local outdoor advertising permit specialist for specific requirements related to modifying existing outdoor advertising structures. See [[236.16 Outdoor Advertising|EPG 236.16]] for additional information pertaining to outdoor advertising.<br /> <br /> The Outdoor Advertising Profile Report, which is generated by the outdoor advertising permit specialist, shall be completed by district right of way and returned to the outdoor advertising permit specialist once the acquisition of the billboard is complete.<br /> <br /> '''Sign Agreement Reset Program – Partial Waiver and Reset Agreement'''<br /> <br /> Legislation from 2012, HB1402, allows sign owners who meet the conforming out of standard sign criteria the option to accept just compensation or waive a portion of their right to just compensation and reset a qualifying sign. Sign owners that choose to accept just compensation are eligible to salvage the sign, however the sign permit will be cancelled by the Outdoor Advertising Specialist.<br /> <br /> Conforming out of standard signs are categorized as signs that fail to meet the current statutory and administrative rule requirements but comply with the terms of the federal state agreement and meet the statutory requirements of 1999. (See [[236.16 Outdoor Advertising#236.16.7.3 Conforming Out of Standard|EPG 236.16.7.3 Conforming Out of Standard]].)<br /> <br /> Displaced signs will be reviewed by outdoor advertising staff to determine the sign qualifications. If the qualifying sign meets the reset requirements as determined by the Outdoor Advertising Profile Report (refer to [[236.16 Outdoor Advertising#236.16.19 Sign Structures Affected by Highway Projects|EPG 236.16.19 Sign Structures Affected by Highway Projects]]), Right of Way staff will offer just compensation to the sign owner for the purchase of the sign. The sign owner will also be offered the sign reset option that allows them to move the sign elsewhere within the same property or on an adjoining property. It is the sign owners choice to accept either just compensation or the reset option.<br /> <br /> Guidelines for the Conforming Out of Standard Sign Acquisition:<br /> <br /> * Right of Way staff will notify outdoor advertising staff of an affected sign. Affected sign includes billboards located within the project limits.<br /> <br /> * Outdoor Advertising staff will complete the Outdoor Advertising Profile Report (EPG 236.16.19) to determine qualification of the affected sign and provide a copy to the Right of Way Manager.<br /> <br /> * If the sign is classified as Conforming Out of Standard, the right of way staff will provide the sign owner the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Written%20Notice%20of%20the%20Intended%20Acq%20of%20ODA%20Form%20236.7.2.6.docx Written Notice of the Intended Acquisition for Outdoor Advertising (Form 236.7.2.6)].<br /> <br /> * Right of Way staff will appraise the affected sign for just compensation and appraise the [[236.6 Appraisal and Appraisal Review#Reset Option|reset option compensation]] as described in the appraisal guidance. <br /> <br /> * Right of Way staff will obtain the disclaimer from the property owner. (Refer to [[#236.7.2.5 Offer Letter Formats|EPG 236.7.2.5 Offer Letter Formats]].)<br /> <br /> * Right of Way staff will prepare the offer letter for just compensation.<br /> <br /> * Right of Way staff will prepare the Partial Waiver and Reset Agreement with the assistance from the Outdoor Advertising Specialist and provide the Outdoor Advertising Specialist a copy. The reset compensation is a solitary payment and will not be supplemented by any other payment type.<br /> <br /> * The Right of Way staff will present the offer letter and explain the reset option to the sign owner who will choose their preferred option of compensation. It may be beneficial for the Outdoor Advertising Specialist to accompany the right of way staff at this meeting.<br /> <br /> * If the sign owner chooses the reset option, the sign owner will obtain the necessary support documents outlined within the Partial Waiver and Reset Agreement, execute the Agreement, and return it to the Right of Way Specialist. The Right of Way Specialist will provide a copy of the Agreement to the Outdoor Advertising Specialist who will amend the sign permit.<br /> <br /> * The Right of Way Specialist will process the payment outlined within the Partial Waiver and Reset Agreement and retain a portion of the reset payment within an escrow account. The retained portion should equal the cost of the sign removal in the event the sign owner does not remove the existing sign.<br /> <br /> * The Outdoor Advertising Specialist will conduct a final inspection to determine if the sign has been removed from the construction limits within the allotted time frame. (Refer to [[236.16 Outdoor Advertising#236.16.19 Sign Structures Affected by Highway Projects|EPG 236.16.19 Sign Structures Affected by Highway Projects]].)<br /> <br /> * The Outdoor Advertising Specialist will notify Right of Way that the sign has been removed from the construction limits. Right of Way will notify the Escrow Agent to release the funds in escrow to the sign owner.<br /> <br /> If the sign owner does not remove the sign from the project limits, Right of Way will notify the Project Manager to include the demolition in the construction contract.<br /> <br /> In the event the sign owner refuses just compensation and the reset option, the sign will be condemned as outlined in [[236.10 Right Of Way Condemnation#236.10.1 Introduction|EPG 236.10.1 Introduction]].<br /> <br /> '''F. On-premise Signs'''<br /> <br /> On-premise signs are those that advertise activities conducted on the premises or services and/or products provided on the property. All on-premise signs, including trademark and logo signs, shall be treated as personal property under the Relocation Assistance Program. The only exception would involve a situation in which the subject business facility is being acquired or there is insufficient remaining land on which to relocate the sign. Only these circumstances would necessitate that a sign be valued and acquired as real estate.<br /> <br /> '''G. Existing Private Utility Easements'''<br /> <br /> On projects where an existing utility is located on a private easement, and the limits of the new land acquired for the project will encompass the existing private utility easement, the district shall secure said easement rights by quitclaim deed (CCO RW2). The district utility engineer will work directly with the utility owners to obtain said quitclaim deeds. For information related to how to prepare the description to be included in the quitclaim deed, see [https://epg.modot.org/index.php?title=236.4_Description_Writing_and_Titles#236.4.6.6_Preparing_Quitclaim_Deeds_for_Execution_by_Utility_Companies_.28See_EPG_236.7.29 EPG 236.4.6.6].<br /> <br /> '''H. Acquisition of Mobile Homes'''<br /> <br /> Mobile home acquisitions must be accompanied by a Certificate of Title from the seller or, if originally purchased prior to August 28, 1989, and assessed as real estate, a statement from the County Assessor attesting to this fact, along with a notarized descriptive bill of sale from the seller.<br /> <br /> The Certificate of Title or statements must be submitted to the Department of Revenue within 30 days for transfer of title to the MHTC. There will be a penalty fee if renewal is more than 30 days after acquisition. For additional information, refer to [[236.6 Appraisal and Appraisal Review#Manufactured Homes|EPG 236.6.3.1.19.D.9]] and RSMo. 700.<br /> <br /> ===236.7.2.7 Valuation by a Negotiator – Separation of Functions===<br /> <br /> For acquisitions where Just Compensation was determined by a Value Finding or Standard appraisal format, the valuation and approval of Just Compensation must be prepared by an individual other than the individual that will present the offer letter and negotiate for the acquisition. On a simple valuation/acquisition situation, in which the valuation will be by waiver valuation, the same individual may estimate the Just Compensation and negotiate the acquisition. If the same individual performs both functions, the appraiser/negotiator must do the following:<br /> <br /> :*contact the owner<br /> :*deliver or mail the Pathways for Progress brochure<br /> :*advise the owner that the property will be inspected (invitation to accompany inspection is not required on waiver valuations)<br /> :*prepare a waiver valuation<br /> :*secure co-signature of the waiver valuation<br /> :*prepare an offer letter based on the waiver valuation<br /> :*deliver the offer letter to the owner, with all the supporting documents set out earlier in this section.<br /> <br /> ===236.7.2.8 Negotiation Contacts===<br /> <br /> '''A. Personal Contact'''<br /> <br /> Every reasonable effort shall be made to personally contact owners of real property or a designated representative who resides within the state. The negotiator shall explain the proposed acquisition and provide the owner or representative with those documents identified earlier in this section.<br /> <br /> '''B. In-State Owner Resides in Another MoDOT District'''<br /> <br /> If a property owner resides within the state, but outside the district where the property is located, and it is not practical for a local negotiator to make a personal contact, the owner may be contacted in person by a negotiator from another district. Requests to other districts for such assistance shall include all necessary documents and information essential to the negotiation assignment.<br /> <br /> When a personal contact is not practical, the owner may be contacted by certified mail, return receipt requested.<br /> <br /> '''C. Out-of-State Owner'''<br /> <br /> An out-of-state owner may be personally contacted, if practical, or contacted by telephone and certified mail, return receipt requested. When an owner is contacted by mail, provide the required written information identified earlier in this section, and an explanation of the proposed acquisition.<br /> <br /> ===236.7.2.9 Negotiation Procedures===<br /> <br /> The following is a general guide as to the number and content of negotiation contacts. Normally three contacts are needed to assure the owner’s understanding and confidence.<br /> <br /> During the first contact the negotiator is to:<br /> <br /> :*Provide brochure, [http://eprojects/Templates/RW/Chapter%207_Negotiation/Pathways%20for%20Progress%20brochure.pdf Pathways for Progress]<br /> :*Review title information<br /> :*Explain the right of way plans and provide plan sheet, portion of plan sheet, or plat illustrating the acquisition and the remainder<br /> :*Explain the acquisition procedures and provide blank Escrow Agreement, (Form 7-4.2 (CCO RW8)) if applicable<br /> :*Explain Proration of Taxes and provide [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20Owners%20section.pdf Prorata Real Estate Tax Claim, Owner's Section], (Form 7-2.22C)<br /> :*Provide the written Offer Letter<br /> :*Provide the appraisal or waiver valuation<br /> :*Provide conveyance documents<br /> :*Provide or agree to obtain answers to the owner’s questions<br /> :*Provide a [https://oa.mo.gov/sites/default/files/vendor_input_ach_eftd.pdf Vendor Input Form MO 300-1489] for completion.<br /> <br /> During the second contact the negotiator should review the items discussed during the first contact. The negotiator should give special attention to making sure the property owner understands the plans and the effect on the remaining property. Any additional questions the owner has should be answered.<br /> <br /> During the third contact the negotiator should attempt to get the owner to accept or reject the offer. If the owner fails to accept or reject the offer, or does reject the offer, the mediation and condemnation process are to be explained. The owner is to be advised that negotiations can continue until such time as the condemnation commissioners' report is filed.<br /> <br /> Obtain a taxpayer identification number (TIN) using a [https://oa.mo.gov/sites/default/files/vendor_input_ach_eftd.pdf Vendor Input Form MO 300-1489] as shown in [[236.7 Negotiation#236.7.7 1099 Reporting of Acquisitions|EPG 236.7.7]]. If a husband and wife own the property, either one can provide their TIN. Partnerships and trusts should have their own TIN that should be used for reporting real estate transactions. If there is more than one owner, other than a husband and wife, partnership or trust, each owner that is expected to receive an allocation of the proceeds shall be given a form on which to provide their TIN.<br /> <br /> During negotiations, the negotiator’s objective is to promote understanding of the design and reasonableness of the offer. If the owner disagrees with the offer, the negotiator should attempt to determine the reasoning of the owner’s opinion of value or their objections to design considerations. The owner’s opinion of value, reasoning, counteroffers and objections are to be documented in the negotiator’s report and discussed with the chief negotiator or district right of way manager. If the negotiator is unable to acquire the property for the approved offer, an administrative settlement may be considered as described in [[236.7 Negotiation#236.7.3 Administrative and Legal Settlements|EPG 236.7.3]].<br /> <br /> If at any stage of negotiations it is determined that a design change is appropriate and can facilitate successful negotiations, the district right of way manager and project manager will be consulted on the proposed change, and a decision made. The property owner is to be advised accordingly.<br /> <br /> '''A. Time to Consider Offer'''<br /> <br /> The property owner shall be allowed a reasonable period of time to consider the offer of just compensation and the opportunity to obtain professional advice or assistance if so desired.<br /> <br /> ===236.7.2.10 Uneconomic Remnants and Future Excess Property===<br /> <br /> '''A. Definition of Uneconomic Remnant'''<br /> <br /> &quot;A parcel of real property in which the owner is left with an interest after the partial acquisition of the owner's property, and in which the acquiring agency has determined has little or no value or utility to the owner.&quot; ([https://www.law.cornell.edu/cfr/text/49/24.2 49 CFR 24.2 (w)], 10/1/93)<br /> <br /> '''B. Offer to Purchase Uneconomic Remnants'''<br /> <br /> An offer to purchase each uneconomic remnant shall be made to the owner simultaneously with the offer of just compensation for the acquisition of the needed realty and realty rights. Situations revealed during negotiations or administrative decisions to consider all or part of remainders as uneconomic remnants, may necessitate a revised offer reflecting the value of the uneconomic remnant.<br /> <br /> Multiple uneconomic remnants shall be individually identified and individual values set out in the offer letter.<br /> <br /> The Commission will not condemn for the acquisition of an uneconomic remnant.<br /> <br /> The following data fields must be entered in the Remnants Screen in RWPA under the applicable project and parcel: Remnant Number, Status, Physical Possession Obtained, Payroll Amount, Payroll Date, Deed Signed Deed Recorded, Area Acquired, and Unit of Measure. <br /> <br /> '''C. Outright Sale of Uneconomic Remnants'''<br /> <br /> The district is authorized to sell any uneconomic remnant not exchanged during negotiations as described in [[236.5 Property Management#236.5.12 Excess Land Conveyances &amp; Relinquishments – Regulated Utilities|EPG 236.5.12 Excess Land Conveyances &amp; Relinquishments – Regulated Utilities]].<br /> <br /> '''D. Definition of Future Excess Property'''<br /> <br /> Any area of existing property that is to be conveyed to adjacent property owners as established in the [[236.14 Change in Route Status Report|change in route status documents]] for the project.<br /> <br /> '''E. Exchange of Remnants or Future Excess Property for New Property'''<br /> <br /> The district is authorized to exchange uneconomic remnants, or future excess property for real property or rights acquired when the exchange is for equal value based on the purchase price of the remnant or appraised value of the future excess, and the remnant or excess adjoins the owner's remaining property. Such an exchange is to be handled like an Administrative Settlement, under the approval of the district right of way manager.<br /> <br /> When remnants or future excess property are exchanged for new property, the amount of just compensation to the owner shall be reduced by the value of the remnant or excess and the warranty deed from the owner shall recite the reduced monetary amount, along with the phrase, &quot;and exchange for other land&quot;.<br /> <br /> Since the future excess property will still be needed until the project is complete, the following paragraph will be included in all quitclaim deeds conveying the future excess to the abutting property owner:<br /> <br /> :&quot;The Missouri Highways and Transportation Commission retains full, free, and uninterrupted use and possession of the land herein conveyed until completion of construction and acceptance of the project for the construction of relocated _____________________ by the Commission’s District Engineer.&quot;<br /> <br /> When this paragraph is included in the quitclaim deed a cloud is placed on the title. To remove this cloud, the district, upon request of the owner, can provide an affidavit as to completion and acceptance of the project.<br /> <br /> Remnants or excess property exchanged for new property will be conveyed by quitclaim deed for the consideration of &quot;One Dollar and Exchange for Other Land.&quot; Should the owner refuse to accept a quitclaim deed, contact the Right of Way Section for authorization to use a warranty deed where the Commission owns fee title to the property being exchanged.<br /> <br /> All conveyances of remnants or future excess property by the Commission shall provide for utilities as described in [[236.5 Property Management#236.5.12 Excess Land Conveyances &amp; Relinquishments – Regulated Utilities|EPG 236.5.12 Excess Land Conveyances &amp; Relinquishments – Regulated Utilities]].<br /> <br /> ===236.7.2.11 Donation of Real Property===<br /> <br /> In some instances property owners affected by small, uncomplicated acquisitions of realty and/or realty rights may be willing to donate the property that is needed for the project, especially when the project improvements provide a benefit to the property and community.<br /> <br /> The Missouri Highways and Transportation Commission will accept a donation of property. An appraisal and offer letter are not required when property is being donated, however, some documentation is necessary.<br /> <br /> '''A. Coercion to Donate'''<br /> <br /> It would be inappropriate for an acquiring agency during negotiations to inform the property owner that the needed realty and/or realty rights would have to be donated in order for the roadway project to be completed. The only acceptable circumstance would involve a project that would be terminated unless all owners agreed to donate.<br /> <br /> '''B. Donation/Waiver of Appraisal Letter'''<br /> <br /> Prior to acceptance of such donation, the negotiator must inform the owner of the right to receive just compensation for the property. The negotiator must obtain a signed [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Donation%20Letter%20waiver%20of%20Appraisal%20Form%207.2.12.docx Donation/Waiver Letter], (Form 7-2.12), which acknowledges the owner’s right to receive just compensation as determined by an appraisal. Should the owner refuse to sign the statement yet still wants to donate the property, the [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator's Report] shall be fully documented as to the owner being advised of their rights and any reason for refusing to sign the letter.<br /> <br /> '''C. Donation of Temporary Easement Without Waiver Letter'''<br /> <br /> When temporary easements cause no compensable damage to the adjacent property, a donation can be obtained without advising the owner of the right to just compensation. In such situations the plans should be explained to the owner and a request made for the donation. In this case, the executed easement document is all that is necessary. A Donation/Waiver Letter is not required. However, the file shall be documented regarding the determination that the acquisition of the temporary easement causes no compensable damage to the adjacent property.<br /> <br /> '''D. Waiver of Releases on Donated Property'''<br /> <br /> When non-complex property or property rights are donated, the district right of way manager may waive acquisition of additional property interests (like partial mortgage releases, easement owners, tenant interests, etc.), but a memo outlining the waiver to acquire additional property interests should be included in the file.<br /> <br /> '''E. Donations by Government Agencies'''<br /> <br /> Donations by government agencies do not require the use of a Donation/Waiver Letter. For acquisition from government agencies, see [[236.7 Negotiation#236.7.5 Railroad, State and Federal Acquisitions|EPG 236.7.5]].<br /> <br /> ===236.7.2.12 Negotiator’s Report and Contact Log===<br /> <br /> A [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator’s Report], (Form 7-2.13), shall be completed with attachments and signed by the negotiator upon termination of or completion of negotiations for each parcel. A log of all contacts with the owner or representative shall be completed and attached to the Negotiator’s Report. The information for each contact should include the date and place of each contact, parties contacted, offers made, counteroffers, issues raised by the owner, reasons settlement could not be reached, and any other pertinent data. Each contact entry shall include the name or initials of the person who prepared the entry.<br /> <br /> When negotiations are unsuccessful, and the negotiator considers further attempts to negotiate to be futile, recommendations for action should be recorded.<br /> <br /> The negotiator’s report must be uploaded to eProjects under the applicable project and parcel.<br /> <br /> ===236.7.2.13 Payment Prior to Possession===<br /> <br /> No owner will be required to surrender possession of real property acquired for highway purposes prior to payment of the agreed purchase price or payment of the Commissioners' Award into court for property acquired by condemnation proceedings.<br /> <br /> ===236.7.2.14 Title Update Prior to Payment===<br /> <br /> Prior to payment to an owner for property and/or property rights, the public records must be searched to determine that no transactions have occurred on the property being acquired subsequent to the latest title search. This must be done on each parcel except when a title insurance company or abstractor is employed by written agreement to act as escrow agent to make distribution of funds. When a bank or other parties act as escrow agents, the title update shall be made prior to delivery of checks to such escrow agents.<br /> <br /> ===236.7.2.15 Possession and Vacancy Notices===<br /> <br /> Owner and tenant occupants of buildings acquired for highway purposes shall not be required to move from a dwelling or to move a business, nonprofit organization or farm operation without at least 90 days' written notice of the date by which such move is required.<br /> <br /> Possession policies and procedures for sending notices to vacate are contained in [[236.8 Relocation Assistance Program#236.8.14 Relocation Assistance Program - Possession Policies and Vacancy Notices|EPG 236.8.14 Relocation Assistance Program - Possession Policies and Vacancy Notices]].<br /> <br /> ===236.7.2.16 Extension of Possession and Fair Rental Value===<br /> <br /> When the proposed letting schedule permits, an owner or tenant may be authorized an extension of possession based on a monthly rental rate, as described in [[236.5 Property Management#236.5.26 Acquired Improvements|EPG 236.5.26 Acquired Improvements]]. An Extension of Possession Agreement, (Form 5-6.4 (CCO RW12)), (Form RW12 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) shall be used when the original occupant is allowed to extend possession up to one year. If it is necessary to extend possession beyond the one year time period, the Extension of Possession Agreement shall be canceled and replaced with a Lease of Premises Agreement, (Form 5-5.5 (CCO RW14)). (Form RW14 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].) An extension of possession that is expected to last beyond one year is to be written on a Lease of Premises Agreement rather than an Extension of Possession Agreement.<br /> <br /> When an owner or tenant is granted an extension of possession, a monthly rental rate shall be established and should be collected in advance for each monthly period of extension. The rental value for owner-occupied and tenant-occupied property will be determined by the method established in [[236.5 Property Management#236.5.26 Acquired Improvements|EPG 236.5.26 Acquired Improvements]].<br /> <br /> ===236.7.2.17 Coercion===<br /> <br /> The Uniform Act forbids an acquiring agency from taking any coercive action in order to compel owners to agree on a price for their property. All negotiations shall be conducted in such a manner as to avoid coercing owners to reach agreement. Condemnation shall not be used as a threat. The property owners shall be given a reasonable amount of time to consider the offer and to obtain professional advice or assistance if they so desire. The agency shall not advance the time of condemnation, or defer negotiations or condemnation or the deposit of funds with the court, in order to induce an agreement on the compensation to be paid for the property.<br /> <br /> ===236.7.2.18 Non-Discrimination===<br /> <br /> The real estate acquisition function shall be conducted in such a way and manner as to assure that no person shall on the ground of race, color, religion, creed, national origin, sex, age, ancestry, or physical ability be denied the benefits to which the person is entitled or be otherwise subjected to discrimination.<br /> <br /> ===236.7.2.19 Acquisition by Mediation===<br /> <br /> Mediation is an option offered by MoDOT that can be described as a process in which a neutral and impartial third party assists parties in disagreement to negotiate an acceptable settlement. Complete policies and procedures regarding mediation are described in [[236.11 Mediation|EPG 236.11 Mediation]].<br /> <br /> Mediation is not intended to replace or reduce the importance of the negotiation process for the acquisition of property and/or property rights nor does it preclude the use of administrative settlements.<br /> <br /> Should the mediation process not be successful with the parties failing to reach agreement, the needed property and property rights will then be acquired by the normal condemnation process.<br /> <br /> Mediation shall be offered, in writing, to all property owners (who have not settled) prior to filing a condemnation petition, unless approval is received from the Asst. to the State Design Engineer - Right of Way and the [http://sp/sites/cc/Pages/default.aspx Chief Counsel’s Office].<br /> &lt;div id=&quot;Prior to offering mediation&quot;&gt;&lt;/div&gt;<br /> Prior to offering mediation or in the event mediation has been waived, the [[media:236.11.1.3_Impasse.docx|Impasse Letter]] can be provided to the property owner as another tool to communicate the necessity to settle the parcel.<br /> <br /> ===236.7.2.20 Acquisition by Condemnation===<br /> <br /> '''A. When Condemnation Procedure Initiated'''<br /> <br /> Complete policies and procedures regarding eminent domain procedures are described in [[236.10 Right Of Way Condemnation|EPG 236.10 Condemnation Procedures]]. An appropriate time to consider condemnation is when it is determined that the property and property rights cannot be acquired through negotiations or mediation. Mediation must have at least been offered to the property owner before proceeding with condemnation.<br /> <br /> '''B. Transfer of Responsibility From Right of Way to District Counsel'''<br /> <br /> When it is determined that a property cannot be acquired through negotiation or mediation, the responsibility of acquisition is transferred to the district counsel. Negotiation to acquire the property can continue by either the negotiator or attorney assigned to the tract, until the commissioner’s award has been filed.<br /> <br /> '''C. Information Packet Required by District Counsel'''<br /> <br /> The information needed by the district counsel’s office includes but is not limited to the following:<br /> <br /> :*[http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator’s Report], (Form 7-2.13) and typed Negotiator’s Log detailing counteroffers and settlement offers, requests for design changes, etc.<br /> :*Latest title report<br /> :*Two copies of appraisal with [[media:236.6.4.3 Appraisal Review and Approval of Just Comparison (Form 6.4.3).doc|Approval of Just Compensation]], (Form 6.4.3)<br /> :*List of parties to be named as defendants and served notice<br /> :*Copy of pertinent documents (i.e. easements impacting the acquisition area, trust agreements, etc).<br /> :*Copy of pertinent correspondence<br /> :*Copies of property descriptions to be used in the Condemnation Petition. <br /> :*Copies of the [http://sharepoint/sites/de/epg/Lists/EPGResponse/Attachments/825/Surveyor%20Legal%20Description%20Cover%20Sheet%20(2).doc Legal Description, Exhibit A] for each property description submitted. <br /> <br /> '''D. Owner’s Expenses in Condemnation Are Not Reimbursable'''<br /> <br /> When MoDOT institutes and concludes a condemnation action to acquire real property, the owner of the property is not entitled to reimbursement for their expenses, including attorney, appraisal and engineering fees actually incurred because of the condemnation proceedings.<br /> <br /> ===236.7.2.21 Reimbursement of Owner’s Expenses===<br /> <br /> '''A. Reimbursement of Property Transfer Expense'''<br /> <br /> The owner of property acquired will be reimbursed for recording fees, transfer taxes and similar expenses incidental to conveying the property. These expenses are normally paid directly by the department.<br /> <br /> '''B. Reimbursement of Mortgage Prepayment Penalty'''<br /> <br /> Owners will be reimbursed for actual penalty costs for prepayment of a preexisting mortgage entered into in good faith and filed of record prior to the initiation of negotiations. These costs will be reimbursed when the property is acquired in its entirety or the acquisition is of such magnitude that the remainder will not provide collateral for the mortgage and/or the mortgagee legally requires penalty costs for prepayment of the mortgage. The owner is responsible for submission of paid receipts of penalty costs and request for reimbursement to the district office.<br /> <br /> '''C. Reimbursement of Real Estate Tax'''<br /> <br /> Information pertaining to the reimbursement of taxes is contained in the offer letter and the [http://eprojects/Templates/RW/Chapter%207_Negotiation/Pathways%20for%20Progress%20brochure.pdf Pathways for Progress brochure]. During negotiations, the owner will be provided with the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20Owners%20section.pdf Prorata Real Estate Tax Claim, Owner's Section] (Form 7-2.22C). <br /> <br /> Owners will be reimbursed for a pro rata portion of the state, county and city real estate taxes paid for the current taxable year on property purchased by the Commission. The pro rata portion of taxes will cover the full number of months remaining in the calendar year after payment is received by the owner or escrow agent for the property. Claims for reimbursement must be made within six months after the city or county tax delinquent date. Delinquent tax payments are not reimbursable. The owner is responsible for submission of paid tax receipts and Form 7-2.22C to the district office for reimbursement.<br /> <br /> :'''1'''. Pro-ration of Real Estate Taxes<br /> <br /> :The following procedures will be followed for computing the pro-ration of real estate taxes, for all contiguous holdings under the same ownership normally considered in a before and after appraisal. The [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20Owners%20section.pdf Prorata Real Estate Tax Claim] (Form 7-2.22C) is self-explanatory.<br /> <br /> ::'''a'''. Total Acquisition of Property<br /> <br /> ::Divide the annual taxes by 12 and multiply by the number of full months remaining in the taxable year after payment is delivered to the owner or escrow agent or the condemnation award is paid into court.<br /> <br /> ::'''b'''. Partial Acquisition of Property:<br /> <br /> ::Divide the approved compensation, payable to fee holder for land, improvements, property rights and/or damage to remainder, by the value of the entirety as indicated on line E, (1) of right of way [[media:236.6.4.3 Appraisal Review and Approval of Just Comparison (Form 6.4.3).doc|Form 6.4.3]], then multiply computed percentage by the amount on the tax bill. Divide the resulting figure by 12 and multiply by the number of full months remaining in the taxable year after payment for the realty rights is delivered.<br /> <br /> ::'''c'''. Impact of Waiver Valuation on Proration of Taxes<br /> <br /> ::If the compensation for realty rights is established by the use of a waiver valuation, the property value established by the County Assessor can be used in the calculation.<br /> <br /> ::'''d'''. Impact of Administrative Settlements and Condemnation on Proration of Taxes<br /> <br /> ::The amount of an administrative settlement or condemnation award is not a factor in computing tax reimbursement. Computations will be done in the exact same manner as when property is acquired at the approved offer.<br /> <br /> ::'''e'''. Impact of Exchange of Land on Proration of Taxes<br /> <br /> ::When land owned by the state is traded for land acquired, the owner is eligible for reimbursement of taxes. In most instances when a trade occurs there will be an appraisal of both the land to be traded and the land acquired; therefore, when tax reimbursement is determined, the trade will be given the same consideration as though a cash transaction had transpired.<br /> <br /> ::'''f'''. Impact of Donation on Proration of Taxes<br /> <br /> ::When land is donated, the owner is eligible for reimbursement of taxes. Value of the land donated and value of entirety can be determined by utilizing data from the County Assessor's office.<br /> <br /> ::'''g'''. Impact of Damage-Only Offers on Proration of Taxes<br /> <br /> ::Should the acquisition consist solely of damages caused by the imposition of temporary easements and no permanent reduction in value is evident in the after situation, proration of taxes will not be needed. In this case, the assessed value for tax purposes would not be affected by the acquisition.<br /> <br /> '''D. Appeal for Expense Eligibility'''<br /> <br /> Property owners may file a written appeal with the agency if they believe that the agency has failed to properly consider their application for reimbursement of expenses incidental to the transfer of title. The time limit for filing an appeal is 60 days after they receive written notification of the agency’s determination on their claim. The appeal procedure follows that of [[236.8 Relocation Assistance Program|EPG 236.8 Relocation Program]].<br /> <br /> ===236.7.2.22 Cost of Moving Utilities===<br /> <br /> Current [[643.3 Policy, Standards and Regulations|Commission policy]] provides that the cost of relocation and re-connection of privately owned service lines of a public utility is to be included with the other necessary utility work of the project, at MoDOT’s expense. Such costs should not have been considered in the appraisal process.<br /> <br /> Most utility companies reconnect the private service lines at no cost to the property owner, but some do not. The cost to move and reconnect service lines that lie on or in existing Commission owned property is a noncompensable item. The cost to the owner to reconnect these services cannot be included in the appraised compensation.<br /> <br /> Providing for the adjustment of utilities for a project is the responsibility of district design. There are situations, however, in which right of way personnel will have involvement. Owners of utility lines on existing Commission owned property are responsible for costs of adjustments. Therefore, the property owner may have responsibility for adjustment costs in cases where the utility company only owns the main. The department will pay for the cost of the adjustment between the old and new boundary lines.<br /> <br /> All owners shall be advised that they are responsible for adjustment costs for their service lines on existing Commission owned property and that the department will provide compensation for any part of the adjustment on new property being acquired.<br /> <br /> If property is secured from a property owner who owns a service line that requires adjustment, the cost of the adjustment and any compensation due the property owner will be made during the construction of the project. The method of adjustment is to be handled as follows:<br /> <br /> Service line adjustments are included in our roadway contracts. Bid items are provided for the different types of anticipated adjustments. If the property owner elects to have the Commissions' contractor do the work, the portion of cost of adjustment on the new property acquired is provided by the Commission and no further obligation to the owner is necessary. Construction personnel will compute the cost for the adjustment that was on existing Commission owned property and the property owner will be billed for that part only. If the service line adjustment is done by the property owner's plumber and property is secured for the project, the property owner will be compensated for the actual cost of adjustment on the new property acquired. The property owner will not be compensated for more than the cost determined by the amount based on the roadway contractor's bid items.<br /> <br /> ===236.7.2.23 Condemnation of Temporary Driveway Connection Easements===<br /> <br /> Parcels are not generally condemned when the only acquisition is for a temporary easement for the purpose of reconnecting a driveway. If the owner is not agreeable to accept the offer or settlement, and district design determines the driveway can be constructed on existing Commission owned property, the easement should be removed from the plans, a corrected plan sheet sent to the owner and the parcel voided. A letter accompanying the plan sheet should describe, in as much detail as possible, what the physical features of the proposed construction will be, and outline problems the design may cause the owner in their own reconnection of the driveway.<br /> <br /> ==236.7.3 Administrative and Legal Settlements==<br /> <br /> ===236.7.3.1 Administrative Settlements===<br /> <br /> '''A. Purpose'''<br /> <br /> Administrative settlements are made for the purpose of concluding negotiations for amounts considered reasonable, prudent and in the public interest, after reasonable efforts to negotiate agreements at the approved offers have failed.<br /> <br /> Administrative settlements are not to be used for the purpose of correcting errors or omissions in an appraisal. Correcting the appraisal and making a revised offer is the method used to correct such errors and omissions.<br /> <br /> '''B. Definition'''<br /> <br /> An administrative settlement is any settlement authorized by the district right of way manager for a monetary consideration that differs from the approved estimate of just compensation. All settlements above the approved just compensation require written justification (Form 7-3.3.1).<br /> <br /> :'''1'''. Administrative Settlement in Negotiations and Mediation<br /> <br /> :Negotiation and mediation administrative settlements are those made by right of way personnel, prior to filing of a condemnation commissioners' award with the circuit court.<br /> <br /> :Reduction of approved salvage value is considered an administrative settlement. Settlements made in the mediation process are considered administrative settlements. Homestead and heritage payments are also considered administrative settlements. All administrative settlements require documentation in the tract file (Form 7-3.3.1).<br /> <br /> :It is important that district right of way and regional counsel concur in settlements made during the condemnation process. Regional counsel should be advised of all settlements attempted or concluded after a project has been turned over to counsel for condemnation, so that a consensus is reached for the settlement, and that a motion to dismiss the parcel from the petition can be filed.<br /> <br /> :'''2'''. Legal Administrative Settlement<br /> <br /> :Legal administrative settlements are those made by regional counsel personnel after the condemnation commissioners have reported their award to the circuit court and before exceptions are filed. Settlements after exceptions are filed are referred to as Stipulated Settlements (approved by the circuit court) and are referred to by counsel merely as &quot;settlements&quot;.<br /> <br /> :All settlements by regional counsel require the concurrence of right of way.<br /> <br /> :Regional counsel may approve settlements less than $250,000 with the concurrence of the district right of way manager.<br /> <br /> :Settlements less than $250,000, in which the district right of way manager does not concur must be approved by the Assistant Chief Counsel - Litigation and the Asst. to the State Design Engineer - Right of Way.<br /> <br /> :The Assistant Chief Counsel - Litigation and the Asst. to the State Design Engineer - Right of Way must approve settlements greater than $250,000.<br /> <br /> ===236.7.3.2 Administrative Settlements Considerations===<br /> <br /> After a diligent effort has been made to consummate settlements for the approved amounts of just compensation, the district right of way manager should review each parcel not acquired by negotiation and determine whether to make administrative settlements, pursue mediation, or acquire by condemnation.<br /> <br /> The district right of way manager should review all pertinent information relevant to consideration of a settlement, such as:<br /> <br /> :*Approved appraisal reflects current market conditions<br /> :*Consideration in the appraisal of subjective elements of damage<br /> :*Other appraisals of subject<br /> :*The Negotiator's Report regarding damage factors claimed by the owner<br /> :*Counteroffers made by the owner<br /> :*The range of probable testimony<br /> :*Recent jury verdicts for similar type properties<br /> :*Estimated court costs<br /> :*Opinion of legal counsel regarding probable result of proceeding with condemnation.<br /> <br /> '''Note''': Administrative settlements are not to be used to correct errors or omissions of the appraisal. Correcting the appraisal and making a revised offer is the method used to correct such errors and omissions.<br /> <br /> '''Revised Offer Based on Revised Appraisal'''<br /> <br /> If it appears that the approved amount of just compensation does not reflect current market conditions or does not consider all compensable elements of just compensation, an updated appraisal should be secured. A revised offer letter and revised valuation shall be promptly given to the owner. This is not considered an administrative settlement.<br /> <br /> ===236.7.3.3 Making Administrative Settlements===<br /> <br /> Having determined that it is in the public interest to make an administrative settlement, the district right of way manager establishes an equitable amount for the settlement. The amount and other terms of the settlement are then relayed to the owner either verbally or in writing. Should the owner accept the proposal, the necessary conveyance documents are executed, showing the final settlement amount.<br /> <br /> '''Administrative Settlement Justification Letter'''<br /> <br /> At the conclusion of an administrative settlement, the district shall prepare a letter of justification (Form 7-3.3.1) that sets out the terms of the settlement and the factors upon which it was based. A copy of this letter is to be sent to the Right of Way Section when the parcel is submitted for payroll.<br /> <br /> Administrative settlement justification is not to be based on perceived inadequacies of the appraisal process. If the appraisal, on which the offer was based, is subsequently believed to be deficient, a new or revised appraisal should be secured.<br /> <br /> ===236.7.3.4 Approving and Processing Legal Settlements (Stipulated Settlements)===<br /> <br /> As previously stated, stipulated settlements are those made after a commissioners' award has been filed with the circuit court. Settlements less than $250,000 will be submitted to the circuit court for approval after the concurrence of the district right of way manager. Settlements greater than $250,000, or which the district right of way manager does not concur, require the concurrence of the Asst. to the State Design Engineer - Right of Way and the Assistant Chief Counsel - Litigation.<br /> <br /> To accomplish these settlements, regional counsel or assistant regional counsel prepares a [http://eprojects/Templates/RW/Chapter%207_Negotiation/Pre-trial%20report%20Exh%205E.1.docx Pre-Trial Report]. The comments of the district right of way manager and the Asst. to the State Design Engineer - Right of Way should be considered by the Assistant Chief Counsel - Litigation, prior to final approval of the settlement.<br /> <br /> ==236.7.4 Escrow Agreements, Deeds of Release and Purchase Agreement==<br /> <br /> ===236.7.4.1 Purpose===<br /> <br /> This information establishes MoDOT’s procedures for using escrow agreements, subordination of mortgage liens, deeds of release and purchase agreements in the acquisition of land and easements.<br /> <br /> The negotiator should know what documents will be required for closing depending on ownership and value of the property. The checklist of items (provided in the links following), include those required documents, depends on whether [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator%20Packet%20Table%20of%20Contents%20-%20Closing%20with%20MoDOT.doc MoDOT] or a [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator%20Packet%20Table%20of%20Contents%20-%20Closing%20with%20Title%20Company.doc title company] will be conducting the closing.<br /> <br /> ===236.7.4.2 Escrow Agreements===<br /> <br /> An Escrow Agreement (fee owner) (Form 7-4.2A (CCO RW8)) or a Tenant Escrow Agreement (Form 7-4.2B (CCO RW10)), is used when an escrow agent is used (see [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services|EPG 236.4.4.6]]). (Forms RW8 and RW10 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> The use of an Escrow Agreement is not required when obtaining property or property rights from another government agency.<br /> <br /> When the acquisition involves only a temporary easement, it is not required to escrow the payment unless circumstances warrant it.<br /> <br /> '''A. Escrow Agreement (Fee Owner)'''<br /> <br /> :'''1'''. When the Escrow Agreement is used<br /> <br /> :The escrow agreement shall be used to establish possession of occupied buildings, removal of buildings or equipment if retained by the owner, and provide for payment of taxes, liens, mortgages, or other encumbrances.<br /> <br /> :'''2'''. Contaminated Property Provision<br /> <br /> :Certain required paragraphs of the escrow agreement provide for owner disclosure of contamination, testing for contamination and termination of the acquisition under certain conditions of contamination. If there is an indication that the property being acquired is contaminated and is to be tested, the check for the real estate payment should not be delivered to the escrow agent until it is determined that the department will proceed with the acquisition, without further attention to the contamination. <br /> <br /> '''B. Tenant Escrow Agreement'''<br /> <br /> :'''1'''. When Tenant Escrow Agreement is used<br /> <br /> :The Tenant Escrow Agreement (Form 7-4.2B, RW10) (Form RW10 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is used when necessary to ensure removal or possession of tenant-owned improvements or equipment retained by the tenant owner.<br /> <br /> :The Tenant Escrow Agreement may be used to acquire tenant interests prior to conveyance or condemnation of fee holder interests, only if a Release of Structures and Leasehold (Form 7-2.7D (CCO RW15)) (Form RW15 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), is executed by the fee owner and attached to the Tenant Escrow Agreement.<br /> <br /> :'''2'''. Phrases for Release of Structures and Leasehold if Tenant Escrow Agreement is not used<br /> <br /> :In cases where it is deemed unnecessary to use the Tenant Escrow Agreement, one of the following paragraphs, as applicable, should be included in the Release of Structures and Leasehold.<br /> <br /> ::&quot;Party of the First Part hereby agrees to vacate and give peaceable possession of said above described property to Commission within ______ days after payment of the consideration. At the conclusion of this possession period all of the improvements being conveyed herein shall become the property of the Commission to dispose of in anyway it deems necessary.&quot;<br /> <br /> ::&quot;Party of the First Part hereby retains the right to salvage (describe structure) and hereby agrees to remove said structure within _______ days after payment of the consideration. Commission may, after said date and without repercussion from Party of the First Part, dispose of said structure in anyway it deems necessary.&quot;<br /> <br /> ::&quot;Party of the First Part hereby retains the right to salvage (describe structure) and hereby agrees to remove said structure by the _____ day of ________, 20___. Commission may after said date and without repercussion from Party of the First Part, dispose of said structure in anyway it deems necessary.&quot;<br /> <br /> '''Requirements for the Retention of Improvements'''<br /> <br /> Requirements for the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Requirements%20for%20the%20Retention%20Form%207.4.2C.pdf Retention of Improvements] (Form 7-4.2C,) must be incorporated with any Escrow Agreement or Agreement for Purchase of Real Estate. The form sets out the requirements of an owner or tenant that elects to retain improvements or equipment for removal from the acquired land.<br /> <br /> ===236.7.4.3 Deed of Release and Partial Deed of Release===<br /> <br /> Obtaining Deeds of Release and Partial Deeds of Release] (Form 7-4.3, RW25) (Form RW25 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is the responsibility of the escrow agent. When obtaining a release from a corporation, a corporation release form is normally used. For individuals or partners, a non-corporation release form is to be used. Most title companies, banks, and other lending institutions carry appropriate forms as part of their routine business. The escrow agent is to either prepare the release for execution by the lien holder or provide the lien holder with the property description for inclusion in the release.<br /> <br /> ===236.7.4.4 Agreement for Purchase of Real Estate===<br /> <br /> '''A. When Agreement for Purchase of Real Estate is used'''<br /> <br /> The Agreement for Purchase of Real Estate, Form 7-4.4 (CCO RW7) (Form RW7 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is used when purchasing property or property rights and an escrow agreement is not being used as discussed in [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services|EPG 236.4.4.6 Escrow Services]]. As required by [https://revisor.mo.gov/main/OneSection.aspx?section=141.250 RSMo 141.250], the proceeds derived from the sale of any lands with a tax lien, shown by records of land trust, the land bank agency, or the city or county collector, shall be distributed to the lien holders first before any proceeds are paid to the property owner. The negotiator is required to determine whether any tax liens exist and ensure the lien holder is paid before the property owner is paid.<br /> <br /> The use of this agreement is not required when obtaining property or property rights from another governmental agency.<br /> <br /> The use of this agreement is not required when only temporary rights are being acquired via a temporary easement unless circumstances warrant it.<br /> <br /> '''B. Contaminated Property Provision'''<br /> <br /> If there is an indication that the property being acquired is contaminated and is to be tested, the check for payment of the real estate should not be delivered to the owner until such time that it has been determined that the department will proceed with the acquisition.<br /> <br /> ===236.7.4.5 Subordination of Mortgage Liens===<br /> <br /> The Partial Deed of Release, RW25, is the most commonly used, and preferred, document when obtaining a partial acquisition from a mortgaged property. <br /> <br /> Please note that this document serves as a partial release of a mortgage but merely subordinate the lender’s interest in the acquired property to the rights of the Commission. This document is usually signed prior to payrolling the acquisition and then held in escrow along with the conveyance documents until payment is made to the escrow agent.<br /> <br /> ==236.7.5 Railroad, State and Federal Acquisitions==<br /> <br /> ===236.7.5.1 Purpose===<br /> <br /> This information establishes MoDOT’s procedures for acquiring railroad land and railroad right of way, federal land and land owned by the State of Missouri.<br /> <br /> ===236.7.5.2 Railroads===<br /> <br /> '''A. General'''<br /> <br /> The acquisition of land owned by railroad companies is a dual responsibility of district right of way and the Multimodal Operations Division (for additional information see [[643.4 Railroads|EPG 643.4 Railroads]]).<br /> <br /> Plans approved for acquisition purposes will indicate a separate parcel number for the operating railroad right of way and to each parcel of non-operating railroad property owned by a railroad.<br /> <br /> District right of way is responsible for the acquisition of non-operating railroad property. The Multimodal Operations Division will acquire non-operating land only when they are also acquiring operating right of way from the same railroad.<br /> <br /> The Railroad Projects Manager is responsible for acquisitions, agreements and/or documents related to operating railroad right of way. If both operating right of way and non-operating land are required from the same railroad, all necessary information will be provided to the Multimodal Operations Division.<br /> <br /> '''B. Acquisition Procedures - Non-operating Railroad Land'''<br /> <br /> The Multimodal Operations Division will acquire non-operating land if operating right of way is also being acquired from the same railroad.<br /> <br /> :*Obtain title information for each parcel. The conveyance of the property to the railroad is sufficient unless the land involved is a recent purchase.<br /> :*Appraise each parcel in accordance with current appraisal procedures.<br /> :*Prepare a deed with metes and bounds description. A Warranty Deed (Form 4-7.1A (CCO RW3)) or Quit Claim Deed (Form 4-7.2 (CCO RW2)) is desirable and have been accepted by railroads in some situations, or use an Easement for Highway Purposes, or 4-7.5 (CCO RW23). (Forms RW2, RW3 and RW23 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> When only non-operating railroad land is involved, negotiate in accordance with current acquisition procedures. The name of the railroad's authorized representative may be obtained from the Multimodal Operations Division Railroad Projects Manager.<br /> <br /> '''C. Acquisition Procedures - Operating Railroad Right of Way'''<br /> <br /> :*Obtain title information for each parcel.<br /> :*Appraise each parcel in accordance with current appraisal procedures.<br /> :*Prepare a metes and bounds legal description for the easement area and provide to the Multimodal Operations Division to include in an easement or grade separation agreement.<br /> :*Prepare and transmit to the Multimodal Operations Division an undated offer letter reflecting the approved just compensation. Tax proration phrases should not be included in the offer letter.<br /> :*Transmit to the Multimodal Operations Division an appraisal or waiver valuation and three plan sheets.<br /> <br /> '''D. Controlled Access from Railroads and Abutting Owners'''<br /> <br /> When a proposed controlled access boundary line intersects or coincides with a railroad right of way line, all easements should include a controlled access clause for access rights from the railroad and adjoining owners of underlying rights.<br /> <br /> Also, when the proposed controlled access boundary line and the railroad right of way line coincide, it is necessary to acquire abutters' rights of direct access from owners of land and property rights adjoining the opposite side of the railroad right of way.<br /> <br /> '''E. Acquiring Underlying Fee in Railroad Land and Right of Way'''<br /> <br /> It is advisable to acquire the underlying fee rights of current adjoining successors in title, when acquiring non-operating railroad land.<br /> <br /> When a proposed highway boundary line crosses or intersects the right of way of an operating railroad, it may be necessary to acquire the underlying fee within the limits of the railroad right of way from adjacent owners who have reversionary rights. It is the discretion of the district right of way manager as to whether or not the underlying fee should be acquired. The necessity increases, as the likelihood of future railroad abandonment increases.<br /> <br /> The description on deeds for each underlying fee owner will extend to the center of the railroad right of way or include the entire railroad right of way, when applicable, and will contain the wording &quot;subject to railroad right of way.&quot;<br /> <br /> '''F. Condemnation of Railroads'''<br /> <br /> The Railroad Projects Manager is to be notified of the anticipated date of condemnation when the Multimodal Operations Division is acquiring railroad property.<br /> <br /> District right of way will be responsible for including in condemnation both operating and non-operating railroad property that are not acquired by negotiation. Prior to preparation of a condemnation petition, determine from the Multimodal Operations Division the status of negotiations and a recommendation to include or exclude railroad property in condemnation. Railroad property is not to be included in the condemnation petition unless the Multimodal Operations Division has received proper authorization from the Department of Economic Development, Division of Motor Carrier and Railroad Safety.<br /> <br /> ===236.7.5.3 Acquisition from Federal Agencies===<br /> <br /> When land or property rights are to be acquired from the United States Army, Air Force, Navy, Veterans Administration, or the Bureau of Indian Affairs, district right of way is authorized to negotiate directly with the agency. For acquisitions from all other federal agencies, application must be made through the Federal Highway Administration. District right of way is to prepare all required documents and transmit them to the Right of Way Section for handling with Federal Highway Administration.<br /> <br /> ===236.7.5.4 Acquisition from State of Missouri Agencies===<br /> <br /> '''A. Acquisition from Conservation Commission and the University of Missouri'''<br /> <br /> Other than the MHTC, the Conservation Commission and the University of Missouri are the only Missouri state agencies that have authority to convey real property. When the MHTC acquires land or property rights from one of these two agencies, district right of way shall negotiate directly with the agency. <br /> <br /> The curators of the University of Missouri are vested with the power to convey property owned by the University in § 172.020, RSMo. This section reads, in part, “The Curators of the University of Missouri…shall have perpetual…power…to take, purchase and to sell, convey and otherwise dispose of lands and chattels…”. This is consistent with § 37.005.9, RSMo which specifically excepts property owned by the university from other state property which vests in the governor and requires authorization from the general assembly before it can be conveyed. <br /> <br /> It is not as clear whether the Department of Conversation/Conservation Commission has the power to convey the property it owns. However, Art. IV, § 40(a) of the Missouri Constitution gives the Conservation Commission the control, power and management over all property owned, acquired or used for conservation purposes. While this constitutional provision does not specifically state that the Conservation Commission has the power to convey property, a reasonable interpretation of this section, read in conjunction with § 37.005.9, RSMo., is that the Conservation Commission has the power to convey property. <br /> <br /> '''B. Acquisition from All Other State Agencies'''<br /> <br /> State agencies, other than those identified above, are required, by statute, to obtain authority to convey real property by an act of the General Assembly. The Governor may execute conveyances of easement rights only without authorizing legislation.<br /> <br /> :'''1'''. Land Acquisition<br /> <br /> :For all agencies other than those identified above state statute provides for the conveyance of fee simple interest in real property, by a specific act of the General Assembly that will be arranged by the Right of Way Section. The legislative act authorizes the Governor to execute the conveyance document, after it has been approved as to form by the Attorney General’s office.<br /> <br /> :'''2'''. Easement Acquisition<br /> <br /> :When only easement rights are to be acquired, the statute permits the Governor to convey an easement without legislative action, after the document is approved as to form by the Attorney General's Office.<br /> <br /> :The document CCO RW24 may be used for these acquisitions, with a suggested heading change to EASEMENT(S) ON STATE PROPERTY FOR HIGHWAY PURPOSES. (Form RW24 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].) This heading change does not require approval by Chief Counsel Office.<br /> <br /> :'''3'''. Acquisition Procedure<br /> <br /> :District right of way shall:<br /> <br /> ::*contact the local agency representative<br /> ::*explain the acquisition<br /> ::*obtain permission to inspect<br /> ::*appraise the property or secure donation<br /> ::*review and approve Just Compensation<br /> ::*prepare offer letter<br /> ::*prepare Quit Claim Deed<br /> <br /> :Forward appraisal, offer letter, Quitclaim Deed, and plan sheets to the Right of Way Section. The Right of Way Section will:<br /> <br /> ::*negotiate directly with the agency<br /> ::*secure executed deed<br /> ::*process payroll<br /> ::*deliver check to the agency<br /> ::*transmit executed deed to the district for recording<br /> ::*transmit to district negotiator’s report and contact log<br /> ::*prepare and transmit to district an administrative settlement letter, if necessary<br /> <br /> ==236.7.6 Acquisitions of Maintenance Sites and Other Capital Improvement Sites==<br /> <br /> ===236.7.6.1 Purpose===<br /> <br /> This information describes MoDOT’s procedures for acquiring maintenance sitesand other capital improvement sites.<br /> <br /> ===236.7.6.2 Site Selection and Approval===<br /> <br /> Site selection, including environmental studies of proposed sites, is the responsibility of the district subject to approval of the General Services Director.<br /> <br /> Once the location for a new site is chosen or the decision is made to expand a facility, the General Services Division will request district right of way to determine the market value of the property. <br /> <br /> All property to be acquired for capital improvement purposes shall be appraised in accordance with [[236.6 Appraisal and Appraisal Review#236.6.3.8 Maintenance Lot and Capital Improvement Valuation|EPG 236.6 Appraisal and Appraisal Review]]. In those instances where only a portion of the total property is to be acquired, appraisers shall determine if the acquisition will damage the remaining property. If in their opinion the remaining property is damaged, the appraisers shall prepare a before and after appraisal of the property setting forth such damages. If in their opinion there is no damage to the remainder, appraisers are to make a statement to that effect in the appraisal report and appraise the part to be acquired as a total tract.<br /> <br /> Upon completion of the appraisal, it is to be reviewed in the district in accordance with [[236.3 Administration|EPG 236.3]]. A copy of the approved appraisal shall be forwarded by the district to the General Services Division for funding allocations.<br /> <br /> ===236.7.6.3 Acquisition Procedure===<br /> <br /> Upon receipt of concurrence, the General Services Division will advise district right of way to initiate negotiations for acquisition of the property. A [http://eprojects/Templates/RW/Chapter%207_Negotiation/Offer%20Letter%20Form%20-%20Capital%20Improvements%207.6.3.docx letter of offer on capital improvement facilities] (Form 7.6.3), is to be used in making offers to property owners. District right of way should follow acquisition procedures outlined in the areas of [[236.3 Administration#236.3.5 Right of Way Expenditures|payrolling]], [[236.4 Description Writing and Titles#236.4.4.8 Obtaining Title Insurance and Title Commitments|abstract or title insurance]], and the use of [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services|Escrow Agents]].<br /> <br /> All capital improvement sites and additions shall be acquired in fee simple title. The deed for conveyance shall be based on an accurate survey of the property. A professional land surveyor shall complete the survey. <br /> <br /> Negotiations for all new or additions to capital improvement facilities shall be based on approximate boundaries. If the owner is agreeable to selling the property for the approved amount, said survey will be made for preparation of the deed.<br /> <br /> Appropriate efforts to acquire the property for the approved amount should be made; however, if the owner refuses the offer but through either a counteroffer or other means it is determined that the property can be purchased for an amount above the approved offer, so advise the General Services Division with a recommendation. The General Services Division will advise the district whether or not to proceed at the higher price. <br /> <br /> Upon successful negotiations for the capital improvement site or addition, the payroll shall be completed in the same manner as other payrolls for land acquisitions and submitted to the Right of Way Section. Upon receipt of the check by district right of way, the deed and survey plat will be recorded. Copies of the recorded deed and survey shall be submitted to the General Services Division and the State Maintenance Engineer.<br /> <br /> Condemnation proceedings shall not be initiated for a capital improvement location unless specifically instructed to do so by the Right of Way Section.<br /> <br /> The cost of appraisals, survey expenses, title work and other miscellaneous right of way items as well as the cost of the site itself shall be charged to the appropriate project number established by the General Services Division.<br /> <br /> ==236.7.7 1099 Reporting of Acquisitions==<br /> <br /> ===236.7.7.1 Purpose===<br /> <br /> This information establishes MoDOT’s guidelines and procedures for reporting the acquisition of real estate or real property rights to the Internal Revenue Service (IRS).<br /> <br /> ===236.7.7.2 1099 Reporting Procedure===<br /> <br /> '''A. Transactions to be Reported'''<br /> <br /> The Commission is responsible for reporting the following real estate acquisitions to the IRS: <br /> <br /> :* Real property and or permanent right in excess of $600 will be reported on a 1099-S.<br /> :* Temporary easements if the easement is to last 30 years or more and are paid over $600 will be reported on a 1099 MISC and handled by OA. Damages to remainders for real property and/or permanent rights will be reported on a 1099-S.<br /> :* Damages related to the temporary easement will be reported on a 1099-MISC and will be handled by OA.<br /> :* Damages included with a temporary easement that consist of money provided to a property owner that will not be expended on the property over $600 (for example, removing an entrance/driveway) will be handled by OA and reported on a 1099-MISC.<br /> :* Administrative settlements included with a temporary easement will be handled by OA and reported on a 1099-MISC.<br /> <br /> '''B. Transactions Not Reported'''<br /> <br /> The following are exceptions to the requirements for reporting acquisitions to the IRS:<br /> <br /> :* Purchases from corporations and governmental agencies.<br /> :* If the payment is being made to an escrow agent, the agent handles the 1099 reporting.<br /> :* Cost to cure (damages) included with a temporary easement that consists of money being provided to a property owner to expend on property, for example, trees and fencing. <br /> <br /> '''C. Determining Year of Reporting'''<br /> <br /> Under IRS rules an acquisition has to be reported in the year the transaction is closed. For purchases this is the date the check is received by the escrow agent or the property owner. For condemned property it is the date the Commissioners’ award is deposited with the court. The withdrawal of the award from the court is not considered in determining the date of closing nor the need to report the acquisition. <br /> <br /> '''D. Reporting More Than One Owner'''<br /> <br /> Transactions should be entered in RWPA shortly after they are closed or condemned. In the case of condemned property it will be necessary to base the report on the award. When more than one property owner (other than husband and wife or partnerships) is involved in receiving proceeds from the acquisition, IRS regulations require that an allocation of the gross proceeds be requested by MoDOT. The request must be made at or before the time of closing or at the time the Commissioners’ award is paid into court. This request should be made by certified mail with a copy to each taxpayer.<br /> <br /> If the distribution cannot be determined or if an award is not drawn down from court, it will be necessary to report the entire amount to the IRS for each individual taxpayer. Those individuals whose property is acquired by negotiation yet still refuse to provide a distribution of funds should also receive a request by certified mail. The request should advise taxpayers that if an allocation of funds is not provided the entire amount will be reported as if paid to each taxpayer.<br /> <br /> '''E – RWPA System Requirements for 1099s'''<br /> <br /> All data must be entered on the following screens for a 1099 to be processed:<br /> Location Description screen: Section, Township and Range.<br /> <br /> 1099 screen: Fee Holder/Tenants info: SSN/Tax ID;<br /> ::1099 data – Type (interest or “s” sale), Date Closed, and Gross Proceeds.<br /> <br /> ===236.7.7.3 Taxpayer Identification Numbers===<br /> <br /> It is required that MoDOT request a taxpayer identification number (TIN) from all taxpayers at or before the time of closing. A husband and wife are treated as one taxpayer and only one TIN needs to be supplied. Partnerships and trusts should have a TIN that is to be used instead of social security numbers of the individual partners or the beneficiaries of a trust.<br /> <br /> Under IRS regulations, any person whose TIN is requested must furnish such TIN and certify that the TIN is correct. The solicitation shall be made by providing a written statement to the taxpayer that they are required by law to furnish a correct TIN, and that they may be subject to civil or criminal penalties for failing to furnish a correct TIN.<br /> <br /> The procedures described in [[236.7 Negotiation#236.7.2 Guidelines and Procedures|EPG 236.7.2]] shall be followed in soliciting TINs from taxpayers during negotiations. The paragraph in the offer letter pertaining to TINs will satisfy the above requirement. A [https://oa.mo.gov/sites/default/files/vendor_input_ach_eftd.pdf Vendor Input Form MO 300-1489] can be used with the request.<br /> <br /> When dealing with a representative of the owner(s), it is permissible to request that the representative obtain the TIN from the taxpayer(s); however, if they fail to supply it, a request must be sent to the taxpayer(s) by certified mail.<br /> <br /> A completed Form 7-7.3 will be retained in the parcel file and provided to the escrow agent. A completed Vendor Input Form MO 300-1489 is to be submitted to the Office of Administration.<br /> <br /> '''A. Instructions for Preparing Request for Taxpayer Identification Number and Request for Allocation of Gross Proceeds'''<br /> <br /> The [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20Allocation%20Gross%20Proceeds%20Form%207.7.3.pdf Request for Allocation of Gross Proceeds] (Form 7-7.3) and [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20for%20TIN%20and%20Allocation%20of%20Gross%20Proceeds%20Form%207.7.3.A.docx Request for Taxpayer Identification Number and Allocation of Gross Proceeds - Sample Letter] (Form 7-7.3A), has been prepared as a style sheet. Five fields (County, Route, Job, Parcel and Total Amount to be Allocated) are to be completed by district right of way before giving the form to the property owner.<br /> <br /> A [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20for%20TIN%20and%20Allocation%20of%20Gross%20Proceeds%20Form%207.7.3.A.docx sample letter] (Form 7-7.3A) to accompany the request form is available.<br /> <br /> ===236.7.7.4 Methods for Reporting to the IRS===<br /> <br /> Reporting of real estate transactions to the IRS will be done by one of the following four methods:<br /> <br /> :* If the property is purchased and the transaction is closed by an escrow agent, the escrow agent is to handle the reporting to the IRS. The agreement for title and escrow services as described in [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services|EPG 236.4.4.6 Escrow Services]] provides for this requirement. If a bank or other source is used as an escrow agent, the letter of understanding with the escrow agent should spell out this duty along with the other duties.<br /> :* If the property is purchased and the transaction is not closed by an escrow agent, district right of way is responsible for creating a 1099-S in the RWPA application. The “Property Transfer Settlement” field shall be filled in with “Yes” if part of the consideration for a reportable acquisition transaction consisted of realty. The most current address shall be verified and used on the form.<br /> :* If the property is condemned, it should be determined if the County Clerk is reporting the transaction to the IRS. If they are making the report, MoDOT will not duplicate it. If the County Clerk is not reporting the transactions, district right of way is responsible for creating a 1099-S in the RWPA application.<br /> :* If the property purchased is a temporary easement, OA will handle reporting the 1099-MISC.<br /> :* If interest is ordered to be paid following a condemnation case, OA will handle reporting the 1099-INT.<br /> <br /> ===236.7.7.5 Corrected 1099-S's===<br /> <br /> If a trial or legal settlement occurs during the same tax year that the Commissioners’ Award was reported, district right of way shall correct the 1099-S in the Right of Way Parcel Acquisition application to show the new amount. The 1099-S shall be corrected if the final amount is either more or less than the amount previously reported.<br /> <br /> ===236.7.7.6 Reporting on Condemned Acquisitions===<br /> <br /> '''A. Reporting Jury Verdicts or Settlements in Subsequent Tax Years'''<br /> <br /> If a jury verdict or settlement occurs in a subsequent tax year and the amount of the verdict or settlement is greater than the award, a normal 1099-S for the difference between the verdict or settlement (not including interest) and the previously reported amount shall be created in the Right of Way Parcel Acquisition application by district right of way.<br /> <br /> If a jury verdict or settlement in a subsequent year is for an amount less than the award, no reporting is necessary. <br /> <br /> If the jury verdict or settlement is on a parcel that was condemned in a year in which the department was not required to report transactions, a 1099-S shall be submitted for the difference in the verdict or settlement (not including interest) and the original award. Do not include the original award in this submission, even though MoDOT never reported the original award.<br /> <br /> '''B. Reporting Payment of Interest'''<br /> <br /> When a jury verdict or a legal settlement results in $600 or more of interest being due the property owner, the payment of interest is to be reported to the Internal Revenue Service. In these cases, district right of way shall create a 1099-INT.<br /> <br /> When more than one property owner (other than husband and wife or partnerships) is involved in receiving proceeds from the acquisition, the reporting of interest is to be broken down by the same ratio as the allocation of the gross proceeds among the taxpayers.<br /> <br /> ==236.7.8 Contract Negotiation==<br /> <br /> ===236.7.8.1 Application for Employment as Contract Negotiator===<br /> <br /> All contracts for negotiation services shall comply with statutory, MODOT and E-Verify requirements when applicable. Please refer to [[236.3 Administration#236.3.11 Contracting with MoDOT and E-Verify Requirements|EPG 236.3.11 Contracting with MoDOT and E-Verify Requirements]] for more information.<br /> <br /> Right of Way negotiators employed under agreement by the MHTC must enjoy a good professional reputation and be able to provide evidence of significant experience in Federal-Aid projects and negotiating for [[236.10 Right Of Way Condemnation#236.10.7 Eminent Domain Guidelines|eminent domain]] acquisitions. Additional experience obtained through classes relating to the uniform act and negotiations is considered but not required.<br /> <br /> All fee negotiators who desire to work for MHTC on a contract basis must submit an [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Application%20Employment%20Contract%20Negotiator%20Form%207.8.1.pdf Application for Employment as a Contract Negotiator] (Form 7.8.1), to a district right of way office. When the application is received at the district office, a member of the right of way staff shall conduct an investigation to determine the qualifications of the applicant. This investigation shall be to the extent necessary to determine the abilities of the applicant and the applicant's general reputation within the profession. All clients shown on the application shall be contacted in person or by telephone. All applicants must be recommended by at least two clients.<br /> <br /> After the investigation is completed and district right of way is satisfied with the applicant's qualifications, the district shall transmit to the Right of Way Section its recommendation together with one copy of the application and such other exhibits considered pertinent to the approval process. The Right of Way Section will review the application material to determine the applicant's qualifications and will advise the district office, in writing, of the approval or disapproval of the applicant.<br /> <br /> '''Duration of Approval of Fee Negotiators on the Roster of Approved Negotiators'''<br /> <br /> Duration of approval on the Roster of Approved Fee Negotiators is 3 years. A renewal application will be sent to each fee negotiator prior to their 3 year expiration date as contained in MoDOT’s database. The renewal application will seek to determine the applicants desire to remain on the list and also to capture updated information including address, phone numbers, email addresses and areas of the state the applicant is interested in performing work. Renewal dates are contained in the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved Contract Negotiators (Form 7-8.2)]. If you have any questions you can contact the Right of Way Section of MoDOT's Design Division.<br /> <br /> ===236.7.8.2 Roster of Approved Contract Negotiators===<br /> <br /> The Right of Way Section will maintain a Roster of Approved Contract Negotiators (Form 7-8.2), listing all approved contract negotiators. The roster indicates the districts in which the individual is primarily available to work. However, approved negotiators may work in all areas of the state.<br /> <br /> ===236.7.8.3 Preliminary Contract Negotiation Fee Estimate===<br /> <br /> Although not required, it may be advisable in some circumstances to prepare a preliminary contract negotiation fee estimate. This will document that consideration was given to the negotiation problems that are anticipated and provide a basis for evaluating the reasonableness of proposed fees.<br /> <br /> ===236.7.8.4 Proposal for Contract Negotiations===<br /> <br /> The availability of qualified contract negotiators varies from one location to another and/or from one time period to another, depending upon current economic conditions. Departmental guidelines provides for both the solicitation of competitive proposals and for non-competitive contracting. The availability of qualified contract negotiators and project time constraints may determine the bid process that will be followed.<br /> <br /> Every effort shall be made to select the most qualified negotiators available for the particular assignments involved. Consideration should be given to anticipated negotiation problems, the talents and skills of the prospective negotiators, past performance, and present commitments. The negotiator must have experience working on federal-aid projects and provide a list of those projects within the application. The district shall contact by letter, telephone, or in person each of the selected negotiators to determine their interest in submitting proposals for the required work. <br /> <br /> Each prospective negotiator must familiarize themselves with all aspects of the proposed negotiations assignment. A member of the district right of way staff shall be available to accompany prospective negotiators during a field review of each parcel if requested, in order to acquaint them with project plans, rights being acquired, and any unique problems that may be encountered. <br /> <br /> A proposal packet shall be prepared for each selected negotiator, whether distributing competitive proposals or non-competitive proposals. Each proposal packet should contain the following:<br /> <br /> :* Proposal for Contract Negotiations (Form 7-8.4 (CCO RW33) (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), with parcel number, owner, and realty appraisal format completed on the price page).<br /> :* Blank copy of Negotiator Services Agreement (Form 7-8.5 (CCO RW34)). (Form RW34 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements])<br /> :*Right of Way Plans.<br /> :*Copies of appropriate negotiations forms and form letters.<br /> :*Envelope to district office with '''&quot;Proposed Negotiation Fees - Do Not Open,&quot;''' if requesting competitive proposals.<br /> <br /> '''A. Competitive Proposals for Contract Negotiations'''<br /> <br /> When the competitive proposal process for contracting negotiations is used, the district shall make a reasonable effort to secure proposals from those approved negotiators who have demonstrated expertise to accomplish the proposed negotiation assignments. The request for proposals shall be in writing and is to be mailed simultaneously to negotiators on the &quot;approved&quot; list.<br /> <br /> It should be noted that negotiation agreements are to be awarded to the lowest and best bid. The term &quot;lowest&quot; pertains strictly to the dollar amount of the proposal. The term &quot;best&quot; takes into consideration the issue of timeliness, or delivery date, the comparative level of experience of the bidders, and also the past records of individuals with respect to quality of work product and adherence to agreement requirements and deadlines. In other words, though important, mere submission of the lowest cost proposal will not, in and of itself, assure that bidder of being awarded a particular agreement.<br /> <br /> An envelope directed to District Office shall be provided with a notation prominently displayed '''&quot;Proposed Negotiation Fees - Do Not Open.&quot;''' A proposal packet shall be provided to each negotiator. Every negotiator should be warned not to add or delete any terms or conditions or amend the proposal in any way. Altered or amended proposals will be rejected at the time of opening.<br /> <br /> '''Electronic submissions or faxed submissions of proposals will not be accepted because confidentiality cannot be maintained'''.<br /> <br /> A designated district staff member shall retain all competitive proposals received until time of opening.<br /> <br /> :'''1'''. Opening of Proposals<br /> <br /> :District staff members shall open all proposals at the prescribed time. Personnel supervising the opening shall publicly announce to all in attendance the amounts recited in each proposal.<br /> <br /> :'''2'''. Selection of Successful Proposal<br /> <br /> : The lowest and best proposal is to be selected and the district will prepare a Negotiation Services Agreement (CCO RW34) for execution by the successful bidder. Agreements must contain the same provisions as the proposal.<br /> <br /> '''B. Non-Competitive Proposals for Contract Negotiations'''<br /> <br /> When staff workload or project completion considerations warrant, negotiations agreements may be awarded without competitive proposals, the district may proceed as follows:<br /> <br /> District shall select negotiators from the current Roster of Approved Contract Negotiators (Form 7-8.2). Every effort shall be made to select the most qualified negotiator available for the particular job. Consideration should be given to anticipated negotiation problems, negotiator’s experience, negotiator's past performance, pending assignments, etc. District personnel determine the selected negotiator’s availability to complete the work within a specified time.<br /> <br /> After the negotiator has been made aware of all facts regarding the prospective negotiations assignment, the district shall request a Proposal for Contract Negotiations (Form 7-8.4, RW33) (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), setting forth a fee for each parcel. Since competitive proposals are not involved, the Competitive Proposal paragraph may be deleted or marked &quot;not applicable.&quot; The proposal must be dated, signed, and submitted to the district office by the prospective negotiator.<br /> <br /> Should it be determined that the proposed fees appear excessive, the district right of way manager or a designee shall negotiate with the negotiator in an effort to achieve acceptable fees. In the event negotiations fail to produce acceptable fees, the district has the option to negotiate with another contractor or initiate the competitive bid process. Once acceptable fees are agreed upon, the district shall secure a Negotiator Services Agreement (CCO RW34).<br /> <br /> ===236.7.8.5 Negotiator Services Agreement===<br /> <br /> All Fee Negotiators performing negotiation work for the Missouri Highways and Transportation Commission shall do so by a fully completed and executed Negotiator Services Agreement (Form 7-8.5 (CCO RW34)) (Form RW34 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]). Negotiator Services Agreements with individuals or companies shall designate the individual(s) who shall perform the negotiation services. An officer shall execute all agreements with companies. Each agreement shall include a copy of the negotiator’s proposal (Form 7-8.4, RW33). (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> Three copies of the Negotiator Services Agreement shall be executed by appropriate MoDOT staff in accordance with the Commission’s Execution of Documents Policy. <br /> <br /> '''A. Distribution of Fully Executed Negotiations Agreements'''<br /> <br /> One fully executed copy shall be returned to the contractor, one copy shall be retained by district right of way and one shall be submitted to the Controller’s Division.<br /> <br /> '''B. Notice to Proceed'''<br /> <br /> The agreement requires a written notice to proceed, with which the negotiator should be provided a current set of highway plans and other data necessary to accomplish the assignment.<br /> <br /> ===236.7.8.6 Supplemental Negotiator Services Agreements===<br /> <br /> Subsequent to the execution of the initial agreement, it sometimes becomes necessary, due to plan changes or other considerations, to request additional negotiations services. If such services are required, they are to be secured by processing a supplemental negotiations agreement. <br /> <br /> Supplemental Negotiator Services Agreement (Form 7-8.6, (CCO RW35)) (Form RW35 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is designed to minimize administrative efforts when it becomes necessary to add parcels to the original agreement, or change the scope of the required services.<br /> <br /> The Supplemental Negotiator Services Agreement refers to specifications as recited in original agreement, so it becomes imperative that such requirements and specifications are effective at the date &quot;new&quot; parcels or required services are added to the original contract. New parcels shall be construed to mean tracts not previously included or where the plan or ownership revisions are so acute as to require additional services. Also a calendar period or time frame in which the work is to be completed must be specified.<br /> <br /> Three copies of the Supplemental Negotiator Services Agreementshall be executed in accordance with the Commission’s Execution of Documents Policy. One fully executed copy shall be returned to the contractor, one copy shall be retained by district right of way and one shall be submitted to the Controller’s Division.<br /> <br /> ===236.7.8.7 Contract Negotiator Performance Evaluation===<br /> <br /> The last paragraph of Proposal for Contract Negotiation (Form 7-8.4, RW33) (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), advises contractors that their overall performance will be carefully evaluated and that failure to perform at an acceptable level can result in their removal from MoDOT’s Roster of Approved Contract Negotiators (Form 7-8.2).<br /> <br /> Consistent with the statements of the proposal, the district shall evaluate the performance of the contract negotiator after completion of all negotiations assignments in a given assignment. The [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Contract%20Negotiator%20Performance%20Form%207.8.7.pdf performance shall be rated] (Form 7-8.7). It is essential that this report be fully completed.<br /> <br /> For the evaluation process to be meaningful all answers must accurately reflect the conclusions of the person completing the form, based on a thorough analysis of the contractor’s performance on that specific agreement. Some questions may require more than a simple yes or no answer. If that is the case the comments should be written on a separate page and attached to the evaluation report.<br /> <br /> Properly used the Performance Evaluation can be of considerable value to MoDOT in effectively managing contract negotiations work. It is intended to serve as the documentary basis for the retention or dismissal of contract negotiators. If contractors are to be removed from the Roster of Approved Contract Negotiators based on poor performance, they must be notified in writing.<br /> <br /> '''A. Distribution of Evaluation Form'''<br /> <br /> Upon completion of the district section of the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Contract%20Negotiator%20Performance%20Form%207.8.7.pdf Performance Evaluation], it is to be signed by the preparer, a copy retained by the district, and one copy submitted to the Right of Way Section. A copy shall also be given to the contract negotiator.<br /> <br /> '''B. Notification to Contract Negotiator of Removal from Roster of Approved Contract Negotiators (Form 7-8.2)'''<br /> <br /> If after one or more examples of unsatisfactory performance, which results in a recommendation to remove from the Roster of Approved Contract Negotiators, a letter signed by the Asst. to the State Design Engineer - Right of Way shall be mailed to the contract negotiator advising that they have been removed from the Roster of Approved Contract Negotiators.<br /> <br /> ==236.7.9 Special Benefit Acquisitions==<br /> <br /> ===236.7.9.1 Purpose===<br /> <br /> This information establishes MoDOT’s procedures for partial acquisitions from properties that result in Special Benefits to the remainder.<br /> <br /> ===236.7.9.2 Special Benefit Acquisitions===<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Special%20Benefit%20Offer%20Letter%20Form%207.9.2.docx Special Benefits] are those benefits accruing to the land adjacent to the public improvements that do not accrue to the public at large. When an appraisal reveals an enhancement in the value of an owner's remaining property the enhanced value may merely be reflected in a lowered estimate of Just Compensation, or it may result in a zero indication of Just Compensation. Both situations are to be considered Special Benefit cases.<br /> <br /> Special benefits reflected in an appraisal must be supported with concurrence from district counsel and written documentation attached to the appraisal.<br /> <br /> Dual compensation amounts will be offered to owners of residentially improved properties, to reflect the acquisition area with special benefits to the remainder, and the acquisition of the entire property at its before value.<br /> <br /> Dual offers for residentially improved properties are implemented at the discretion of the Asst. to the State Design Engineer - Right of Way. It will be solely the discretion of the Asst. to the State Design Engineer - Right of Way to apply this policy to other than residential property. The size and value of a remainder may dictate the MHTC’s ability to acquire entire large, higher valued properties.<br /> <br /> '''A. Dual [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Special%20Benefit%20Offer%20Letter%20Form%207.9.2.docx Offers for Special Benefits] on Residentially Improved Properties'''<br /> <br /> Dual offers are to be extended at the initiation of negotiations for properties where residential improvements are affected.<br /> <br /> No single-family dwelling that has contributory value, whether occupied or unoccupied at the effective date of appraisal or date of acquisition, shall be compensated at less than its contributory value due to the assessment of special benefits. Further, an occupied dwelling must be compensated for on the basis of its value as a residential use.<br /> <br /> '''First Offer'''<br /> <br /> If the acquired dwelling is occupied or unoccupied, and contributes to the before value, the first offer would reflect at least the value of the dwelling and supporting land and improvements.<br /> <br /> If the acquired dwelling is unoccupied and has no contributory value before the acquisition, the first offer will be the reduced or zero offer.<br /> <br /> '''Second Offer'''<br /> <br /> In every case, the second offer will reflect the total before property value, based on its highest and best use before the acquisition.<br /> <br /> '''B. Acquisition of Residential Dwelling With Contributory Value – Whether Occupied or Unoccupied'''<br /> <br /> (Occurs when the highest and best use before acquisition is residential, and the highest and best use after acquisition is a higher, more valuable use.)<br /> <br /> If there are special benefits to a remainder, and an occupied or unoccupied dwelling which has value in the before situation is to be acquired, a dual offer will be prepared and extended to the owner at the initiation of negotiations. Offers to acquire an occupied or unoccupied dwelling will include compensation based on the contributory value of the dwelling, residential outbuildings, and supporting land, plus any additional contributory value of other land area in the acquisition, which will have been set out in the appraisal review. The second offer will be the entire before value as set out in the appraisal review.<br /> <br /> '''C. Acquisition of an Occupied Dwelling With No Contributory Value to the Current Highest and Best Use'''<br /> <br /> (Occurs when the highest and best use of the land, before the acquisition, is greater than residential.).<br /> <br /> If there are special benefits to a remainder, and an occupied dwelling which has no contributory value in the before situation is to be acquired, a dual offer will be prepared and extended to the owner at the initiation of negotiations. The first offer will be at least the value of the dwelling, residential outbuildings, and supporting land, approved in the appraisal review. The second offer will be the entire before value as set out in the appraisal review.<br /> <br /> '''D. Acquisition of Unoccupied Dwelling That Has No Contributory Value to the Current Highest and Best Use'''<br /> <br /> If there are special benefits to a remainder and an unoccupied dwelling, which has no contributory value in the before situation is to be acquired, the property shall be appraised for its highest and best use in both the before and after situation with no special consideration being given the improvements.<br /> <br /> No dual offer would be necessary in this situation.<br /> <br /> <br /> <br /> [[category:236 Right of Way|236.07]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=236.6_Appraisal_and_Appraisal_Review&diff=51770 2022-08-23T20:11:52Z

<p>Hallej1: /* 236.6.4.1 Purpose */</p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:15px; border: 1px solid #cccccc; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;250px&quot; align=&quot;right&quot; <br /> |- <br /> |'''Forms'''<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Adjustment%20of%20Value%20or%20Just%20Compensation%20Form%206.4.4.docx Adjustment of Value or Just Compensation (Form 6.4.4)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Application%20for%20Employment%20Contract%20Appraiser%20Form%206.5.3.pdf Application for Employment as Contract Appraiser (Form 6.5.3)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation (Form 6.4.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions (Form 6.3.1A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser (Form 6.3.1B)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Comparable Lease (Form 6.3.5C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Fee%20Appraiser%20Performance%20Evaluation%20Form%206.5.13.pdf Fee Appraiser Performance Evaluation (Form 6.5.13)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Nonresidential Sale (Form 6.3.5A)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Realty%20Asset%20Estimate%20Greater%20than%20%2425000%20Form%20236.6.3.7C.pdf Realty Asset Estimate Greater Than $25,000 (Form 6.3.7C)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Realty%20Asset%20Estimate%20Less%20than%20%2425000%20Form%20236.6.3.7.b.pdf Realty Asset Estimate Less Than $25,000 (Form 6.3.7B)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Renewal%20Application%20Employment%20Contract%20Appraiser%20Form%206.5.3a.pdf Renewal Application for Employment as Contract Appraiser (Form 6.5.3a)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Residential Sale (Form 6.3.5B)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Roster of Approved Contract Appraisers]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment (Form 6.2.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format (Form 6.3.1)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Summary%20of%20Tenant%20Interests%20Form%206.3.1C.pdf Summary Value of Tenant Interests (Form 6.3.1C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx Uniform Residential Appraisal Report and Addendum (URAR) (Form 6.3.4)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20Finding%20Appraisal%20Form%20236.6.3.2.docx Value Finding Appraisal Format (Form 6.3.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20for%20Realty%20Asset%20Inventory%20Form%206.3.7.A.dotx Value for Realty Asset Inventory (Form 6.3.7A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Waiver%20Valuation%20Form%206.3.3.docx Waiver Valuation - Payment Estimate (Form 6.3.3)]<br /> |-<br /> |Forms RW16 and RW17 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].<br /> |}<br /> <br /> <br /> ==236.6.1 Overall Operating Policies==<br /> <br /> ===236.6.1.1 Appraisal Reports Required===<br /> <br /> It shall be the policy of The Missouri Department of Transportation (MoDOT) to secure at least one appraisal of each fee hold which is sought, or from which is sought certain realty rights having an estimated value that exceeds $25,000. Said appraisals shall be prepared on approved formats and comply with accepted appraisal practices.<br /> <br /> Non-complex valuations of acquisitions of less than $25,000 shall be prepared on a [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Waiver%20Valuation%20Form%206.3.3.docx Payment Estimate], (Form 236.6.3.3) or other Waiver Valuation document that has been approved by Right of Way Section, Waiver Valuations, including Payment Estimate are not considered an appraisal.<br /> <br /> An exception to this policy shall include lands or rights owned by the United States of America or any other entity where the owners thereof are willing to donate necessary rights or parts thereof subsequent to being informed of MoDOT's policy with regard to appraisals and grantors' rights to receive just compensation.<br /> <br /> District right of way management may assign additional appraisal reports by the same staff or fee appraiser that prepared an initial appraisal report (i.e. changed conditions, time, different format for condemnation, etc.) or assign an additional appraisal report to a different appraiser. Additional appraisal reports by two appraisers for the same time and conditions should only be assigned when the complexity of the acquisition already necessitates a Standard Format appraisal and should only be assigned under the most complex and high value situations. Complexity and relative high value varies by location, available data, unique nature or property type, extent of property impact, etc. A second appraisal of the same conditions and effective date might be considered when an initial appraisal submittal is found to be inadequate or inappropriate, as determined by district right of way management. Additional appraisal reports by the same or different appraiser may be considered prior to condemnation action, as determined by district right of way management.<br /> <br /> A specialty appraisal shall be secured when affecting or acquiring all or a part of equipment, trade fixtures, or specialty items and the evaluation thereof is beyond the expertise of realty appraiser(s), as indicated by the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment], (Form 236.6.2.2).<br /> <br /> :'''A. Valuation Reports Provided to Owner and Tenant'''<br /> <br /> :MoDOT adopted policy January 1, 2004 to provide valuation reports to owners at the initiation of negotiation ([[236.7 Negotiation|EPG 236.7 Negotiation]]).<br /> <br /> :[https://revisor.mo.gov/main/OneSection.aspx?section=523 Chapter 523 RSMo] requires &quot;(1) Any condemning authority shall, at the time of the offer, provide the property owner with an appraisal or an explanation with supporting financial data for its determinations of the value of the property for purposes of the offer made in subsection 1 of this section. (2) Any appraisal referred to in this section shall be made by a state-licensed or state-certified appraiser using generally accepted appraisal practices.&quot;<br /> <br /> :The above licensing and certification requirement is satisfied by the co-signature of a certified person on Waiver Valuations and review by a certified person on value finding and standard appraisals.<br /> <br /> :'''B. Guidelines for Valuation Reports Provided to Owner and Tenant'''<br /> <br /> ::*Approved appraisal report or Payment Estimate/Waiver Valuations will be provided to owners, with all analysis and adjustment grids, exhibits, certificates, etc.<br /> ::*Reviewers should not remove any material, approach, conclusion, exhibit, etc. from reports without the cooperation and consent of the appraiser.<br /> ::*When a reviewer is required to reconcile between two MoDOT-authorized appraisals, district management shall make a determination of what report(s) and other supporting rationale are to be provided to the owner. Each report shall contain its own sale data, with only location, size, price and other comparative data being included.<br /> ::*If Sale Data Sheets are provided to owners, it will necessitate that the appraiser using the form will be fully responsible for the content of sale forms written by others.<br /> ::*Confidentially confirmed sale information cannot be included in appraisals provided to owners. If there is no substitute for the use of confidential information, the method of its use must be addressed by the district on a case-by-case basis. The information may only be useable as backup or support in the appraiser’s file, rather than in the report.<br /> ::*When tenant owned improvements, fixtures or personalty are acquired or affected by the acquisition, the district should prepare and provide a [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Summary%20of%20Tenant%20Interests%20Form%206.3.1C.pdf Summary Value of Tenant Interests] (Form 236.6.3.1.C), to the tenant.<br /> <br /> :'''C. Review Forms to Right of Way Section'''<br /> <br /> :Copies of appraisals shall be maintained in the district according to document retention schedule and are not sent to Right of Way Section. A copy of [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation] (Form 236.6.4.3) and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Adjustment%20of%20Value%20or%20Just%20Compensation%20Form%206.4.4.docx Adjustment Of Value Or Just Compensation] (Form 236.6.4.4) shall continue to be sent to Right of Way Section.<br /> <br /> :'''D - RWPA system requirements for Appraisals and Improvements'''<br /> <br /> The approved appraisal must be uploaded in eProjects under the applicable project and parcel. All data must be entered in RWPA on the Appraisal List screen: Type (Appraisal, Revision, Review), Format, Date, Appraised Amount and Approved Amount. <br /> <br /> If there are any improvements on the property, the Type of Improvement (Residential, Commercial, Agricultural, Industrial or Other) must be entered on the Improvements screen in RWPA.<br /> <br /> ===236.6.1.2 Certification and Appraisal Assignment===<br /> <br /> All fee appraisal work performed for MoDOT for realty acquisition, shall be by contractual agreement with certified appraisers from the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Roster of Approved Contract Appraisers].<br /> <br /> Any right of way personnel that have a Residential or General Certification are authorized to prepare appraisal reports and Waiver Valuations. The district right of way manager may authorize non-certified senior, intermediate and right of way specialists to prepare and sign Waiver Valuations. The Right of Way Section may authorize non-certified senior, intermediate and right of way specialists to prepare and sign [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Value Finding], [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Format] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR] appraisal reports.<br /> <br /> Waiver valuations shall be prepared or cosigned by certified personnel. Value Finding, Standard Format and URAR appraisal reports prepared by non-certified personnel will be reviewed by, and just compensation approved by certified personnel.<br /> <br /> ===236.6.1.3 Moonlighting===<br /> <br /> The practice of right of way personnel holding additional jobs in the real estate profession, such as sales, brokering, appraising, researching, or sale of realty information and escrowing realty accounts, is strictly prohibited. Refer to [https://www.modot.org/sites/default/files/documents/Conflict%20of%20Interest_0.pdf Personnel Policy 2514 Conflict of Interest].<br /> <br /> ===236.6.1.4 Employment of Retirees===<br /> <br /> Human Resources, [https://www.modot.org/sites/default/files/documents/Employment%20of%20Retirees.pdf Personnel Policy Manual, Policy 0514, Employment of Retirees], governs contracting for appraisal or other realty and relocation services by retirees.<br /> <br /> ===236.6.1.5 Separation of Functions===<br /> <br /> :'''A. Valuation Limit'''<br /> <br /> :The same individual may value and negotiate for simple acquisitions with compensation of $25,000 or less (excluding fence), and valued by a Waiver Valuation. Valuation conclusions less than $25,000 and prepared on other than a Waiver Valuation (for complexity purposes) must be negotiated by personnel other than the valuer.<br /> <br /> :'''B. Relocation Restriction'''<br /> <br /> :An appraiser, having appraised a given parcel containing occupied improvements, may compile a rental subsidy study or replacement housing comparison record for that given property.<br /> <br /> ===236.6.1.6 Use of Forms===<br /> <br /> The forms provided shall be used without alteration, to the extent practical. Since appraisals and Waiver Valuations may be provided to property owners, each report should contain all necessary supporting information to make the report complete and informative.<br /> <br /> Use of alternative sale forms by fee appraisers is addressed in [[236.6 Appraisal and Appraisal Review#236.6.3.5 Instructions for Preparing Sale Forms|EPG 236.6.3.5.D]].<br /> <br /> ===236.6.1.7 Commission Member and Employee Property Valuation===<br /> <br /> See [[236.3 Administration#236.3.4.9 Acquisition of Property from an Employee or a Commissioner of MHTC|EPG 236.3.4.9 Acquisition of Property from an Employee or a Commissioner of MHTC]].<br /> <br /> ==236.6.2 Scope of Assignment==<br /> <br /> ===236.6.2.1 Scope of Assignment===<br /> <br /> [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR 24.103] requires minimum requirements for appraisals consistent with established and commonly accepted appraisal practice, including all relevant and reliable approaches to value. These appraisal requirements accommodate an appraisal reporting level commensurate with complexity. [[#USPAP|Uniform Standards of Professional Appraisal Practice (USPAP)]], (see EPG 236.6.3.1.d.17), contains a “Scope of Work Rule”, which requires identification of the problem to be solved, determination and performance of the scope of work necessary to develop credible assignment results, and disclosure of the scope of work in the report. To fulfill the objectives of the CFR and USPAP, the Missouri Department of Transportation (MoDOT) has developed the Scope of Assignment process to assure appraisal reports meet reporting requirements, appraisal principles and standards, and provide a high quality appraisal document. The Scope of Assignment preparer must be familiar with the requirements of the various formats (see [[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions|EPG 236.6.3 Valuation Formats and Instructions]]).<br /> <br /> All Scope of Assignment documents will be prepared by an individual familiar with all appraisal requirements for proper appraisal practice, approaches to value, rules and laws relevant to valuation for condemnation purposes, 49 CFR, USPAP, etc. The scope will identify the anticipated minimum requirements for an appraisal document to address all issues resulting from acquisition from a property. The Scope of Assignment preparer shall assign a level of documentation consistent with the complexity and anticipated value conclusion range of each acquisition. The assignment criteria must assure adequate documentation yet not assign or pay for more work than meets MoDOT’s needs.<br /> <br /> The [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment, Form 6.2.2], can be used as a working document throughout the life of the appraisal work for a project.<br /> <br /> ===236.6.2.2 Scope of Assignment Processes===<br /> <br /> A Scope of Assignment may merely direct an appraiser experienced with MoDOT formats and their instructions, what format to use along with any special instructions. Otherwise, a more detailed Scope of Assignment shall be used for staff or fee appraisers less experienced with MoDOT formats.<br /> <br /> '''Scope of Assignment for Complex Assignment or Inexperienced Staff and Fee'''<br /> <br /> A Scope of Assignment may indicate the following for each parcel, when applicable:<br /> <br /> :'''1.''' Total land area, proposed acquisition area, temporary and permanent easement, etc.<br /> <br /> :'''2.''' A description of land and improvements.<br /> <br /> :'''3.''' The manner in which proposed highway improvement might affect remaining real property.<br /> <br /> :'''4.''' Identify and explain all observed elements of loss or damage.<br /> <br /> :'''5.''' Identify curable losses, if any are observed.<br /> <br /> :'''6.''' Under all appraisal formats the value estimates must include all fee owned and tenant owned improvements, both affected and unaffected. The scope may authorize the appraiser to estimate the contributory value of unaffected improvements.<br /> <br /> :'''7.''' A statement from Commission's counsel with regard to special benefits when it is anticipated that such benefits may accrue to a remaining fee hold.<br /> <br /> :'''8.''' An explanation of those appraisal problems that warrant two appraisals on the same parcel.<br /> <br /> :'''9.''' A Scope of Assignment may indicate what evidence is required to support depreciation rates for affected improvements when a cost approach is specified. If primary reliance is likely to be placed on the cost approach a higher standard of support for the depreciation estimate should be required.<br /> <br /> :'''10.''' A Scope of Assignment may indicate if specialty appraisals to evaluate affected machinery, specialty items, trade fixtures, etc. are required. Also, if MoDOT or the fee appraiser is responsible for obtaining said appraisal and which party is responsible for the cost of specialty appraisals.<br /> <br /> :'''11.''' A Scope of Assignment may indicate a suggestion or requirement to engage a contractor to furnish cost to cure estimates for rehabilitating remainder buildings, correcting or revising affected sewer systems, water lines, fence, etc., and if MoDOT or the fee appraiser is responsible for obtaining and the cost of the contractor’s services.<br /> <br /> :'''12.''' Approaches to Value<br /> <br /> :The sales comparison approach often develops the most credible indication of value. In most situations this may be the only approach necessary to estimate just compensation. The cost less depreciation approach is best applied to newer, special use, or unique improvements not normally transferring in the market place. An income approach may be implemented when appropriate.<br /> <br /> :The Scope of Assignment shall indicate the recommended approach or approaches to value &quot;before&quot; as well as &quot;after&quot; when applicable.<br /> <br /> :The sales comparison approach shall be shown for parcels where appraiser relies upon vacant land sales and may estimate contributory value of unaffected improvements.<br /> <br /> ==236.6.3 Valuation Formats and Instructions==<br /> <br /> ===236.6.3.1 Standard Appraisal Format===<br /> <br /> Use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format] (Form 236.6.3.1) is required when:<br /> <br /> :*the appraisal problems are judged complex<br /> :*the highest and best use of a property as improved is different than the highest and best use as if vacant<br /> :*residential or other major improvements are acquired, unless use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR] appraisal is specified.<br /> :*there is a change in the highest and best use after the acquisition.<br /> <br /> The appraiser shall adhere to the following format and shall include paragraph headings and numbers as shown. The appraisal shall be typewritten on 8 1/2&quot; x 11&quot; paper with the pages numbered sequentially.<br /> <br /> These format instructions set out appraisal requirements of the Missouri Department of Transportation (MoDOT) and the Federal Highway Administration (FHWA). It is inevitable that appraisers will occasionally encounter situations that are not specifically addressed herein. In all cases the appraiser is responsible for a credible, adequately documented appraisal. Reasonableness and typical professional appraisal practices are the standard.<br /> <br /> There are a number of ownership items and appraisal problems frequently encountered in valuing acquisitions for transportation purposes, on which policies have been established by case law, management decision and precedent. These policies apply to all appraisal formats and are described in [[#Other Appraisal Considerations|EPG 236.6.3.1.D, Other Appraisal Considerations]].<br /> <br /> <br /> [[Image:236.6.3 Standard Identification Block.jpg|right|400px]]<br /> <br /> A standardized identification block (see example at right) shall be included at the front of the appraisal, without deviation.<br /> <br /> <br /> Reporting the effective date of appraisal and date of report are required by Code of Federal Regulations (CFR) and [[#USPAP|Uniform Standards of Professional Appraisal Practice (USPAP)]]. The effective date of appraisal establishes the context for the value opinion, generally the date of last inspection. For condemnation appraisal reports, the effective date will be the date the commissioners’ award is paid into court. The report date with the signature on the certificate should normally be the date the appraisal is complete or turned in for review.<br /> <br /> &lt;div id=&quot;Owner and Tenant Owner&quot;&gt;&lt;/div&gt;<br /> :'''1. Owner and Tenant Owner'''<br /> <br /> :Identify owner and tenant owner by address, phone number, etc.<br /> <br /> &lt;div id=&quot;Purpose of Appraisal&quot;&gt;&lt;/div&gt;<br /> :'''2. Purpose of Appraisal'''<br /> <br /> :The purpose of this appraisal is to estimate just compensation due the owners as a result of acquiring land and realty rights as herein described.<br /> <br /> ::'''Fair Market Value Definition:''' Fair market value is the value of the property taken after considering comparable sales in the area, capitalization of income, and replacement cost less depreciation, singularly or in combination, as appropriate, and additionally considering the value of the property based upon its highest and best use, using generally accepted appraisal practices. If less than the entire property is taken, fair market value shall mean the difference between the fair market value of the entire property immediately prior to the taking and the fair market value of the remaining or burdened property immediately after the taking. See [https://revisor.mo.gov/main/OneSection.aspx?section=523.001 RSMo 523.001].<br /> <br /> ::Do not use definitions from various appraisal organizations and sources. Failure to use the above definitions can result in having the testimony of a witness stricken.<br /> <br /> ::'''Intended Use:''' The intended use of the appraisal report is to assist MoDOT establish of the amount of compensation to pay for the land and property rights to be acquired.<br /> <br /> ::'''Intended Users:''' Intended users of this report are the Missouri Highways and Transportation Commission (the client), the MoDOT, the FHWA and the United States Department of Transportation and persons authorized by the client. Although the MoDOT authorizes a copy of this appraisal report be provided to the owner of the subject property for information only, the owner is not an intended user as defined by USPAP.<br /> <br /> ::'''[[#USPAP|Uniform Standards of Professional Appraisal Practice (USPAP)]]:''' The appraiser shall include the following statement in the appraisal report:<br /> <br /> &lt;div id=&quot;Compliance Statement&quot;&gt;&lt;/div&gt; <br /> ::'''USPAP Compliance Statement:''' This appraisal was prepared according to the contract/assignment from the agency, Missouri Department of Transportation. The intended use of the appraisal is for eminent domain related acquisition and the agency is the only intended user (except as indicated above). The agency bears responsibility for contract/assignment requirements that meet its needs and therefore are not misleading. In combination with the Scope of Assignment and review function, all appraisal reports assigned by the agency identify the problem to be solved, determine the scope of work necessary to solve the problem and correctly complete research and analysis necessary to produce a credible appraisal, and are therefore in compliance with USPAP Standard 1. In that the agency is the only intended user of the report and others may only be provided copies for informational purposes, the agency has determined that reports prepared in conformance with these procedures constitute an Appraisal Report, which fulfills the agency’s needs. For any inconsistencies with USPAP, appraisers are protected by the USPAP Jurisdictional Exception provision.<br /> <br /> &lt;div id=&quot;Interest Appraised&quot;&gt;&lt;/div&gt;<br /> :'''3. Interest Appraised'''<br /> <br /> :The interest appraised will normally be fee simple interest. If the ownership is encumbered with a lease, the value conclusion may be a leased fee estate. Easement encumbrances impacting market value shall be identified.<br /> <br /> &lt;div id=&quot;Scope of Work&quot;&gt;&lt;/div&gt;<br /> :'''4. Scope of Work'''<br /> <br /> :Reference the information researched and the analysis applied in an assignment. Appraisers have a responsibility in determining the appropriate scope of work for an appraisal assignment. Credible assignment results require support by relevant evidence and logic. Scope of Work includes, but is not limited to:<br /> <br /> ::*The extent to which the property and comparable sales were inspected<br /> ::*The extent of data research<br /> ::*The extent of analysis applied to arrive at opinions or conclusions.<br /> <br /> :The Scope of Work is supplemented by the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment] (Form 236.6.2.2), a document prepared by individuals other than the appraiser, and setting out the minimum reporting requirements of the appraisal.<br /> <br /> &lt;div id=&quot;Identification of the Property&quot;&gt;&lt;/div&gt;<br /> :'''5. Identification of the Property'''<br /> <br /> :The real estate involved in the appraisal can be specified by a property description, address, map reference, copy of a survey or map, property sketch and/or photographs or the similar information. Lengthy property descriptions should not be reiterated within the report, but rather copies of the title report or last deed of record should be reviewed by the appraiser and retained in the appraiser’s work file.<br /> <br /> &lt;div id=&quot;History of the Property&quot;&gt;&lt;/div&gt;<br /> :'''6. History of the Property'''<br /> <br /> :The appraisal report must state the history of the property and cannot merely say, &quot;No transfers&quot; or &quot;none&quot;. Indicate all transfers of subject realty for the five years immediately preceding the date of the appraisal. Show the parties to the transactions, dates of transactions, books and pages, instrument numbers and verified sale prices when possible to obtain. If sales of the subject are comparable sales in the report, reference to them will satisfy the requirement of this section. Include details of any current sale agreement, option or listing of the subject property if such information is available to the appraiser in the normal course of business. If the information cannot be determined, the report should state the reasons. If the report states there has been no sale, contract, option, or listing, it must also state how that determination was made.<br /> <br /> :Good appraisal practice dictates that appraisers consider and analyze recent sales, contracts, options or listings of the property being appraised. If, in the appraiser’s opinion, any of the above does not reflect current value of the property, the appraiser must provide reason. The phrase &quot;not an arms length transaction&quot; is not adequate without explanation.<br /> <br /> &lt;div id=&quot;Description of Property Before Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''7. Description of Property Before Acquisition'''<br /> <br /> ::'''A. Zoning:'''<br /> <br /> ::The applicable code and category of zoning should be stated (for example, R-1 (the code), Single-Family District (the category)). Special zoning provisions or restrictions should be noted, such as minimum lot size or number of developed units allowed. The report should state whether the subject property is in conformance with the zoning code.<br /> <br /> ::If the subject is non-conforming, the highest and best use and value analysis sections of the report must deal with any effect of the non-conformity upon use and value. Probability of zoning change should be addressed in the highest and best use analysis.<br /> <br /> :::*Code<br /> :::*Category <br /> :::*Compliance<br /> :::*None<br /> <br /> ::'''B. Land:'''<br /> <br /> ::Site description should include dimensions, shape, size and frontage as appropriate. Describe the topography, roads or streets and frontages, legal access rights and physical entrances, and all non-structural site improvements including but not limited to paving, curbing, retaining walls, landscaping, ponds and terracing.<br /> <br /> ::If agricultural land, information on soil types and productivity, percent cleared and timbered, and historic uses such as cropland and pasture land may be appropriate.<br /> <br /> ::Information should be included on encumbrances, recorded or unrecorded, such as deed restrictions, limitation of access, utility easements, flowage or drainage easements, etc. which may affect market value.<br /> <br /> ::*Access Before Acquisition: The report shall discuss the available legal and physical access of the subject property as well as the comparable sales. Legal access represents a deeded or permitted access point to a property. Physical access merely reflects the presence of existing entrances, which may or may not be legal.<br /> ::*Utilities In Use Before Acquisition:<br /> ::*Utilities Available Before Acquisition: Identify what utilities are in use, whether public or private, and what utilities are reasonably available to the property.<br /> <br /> ::'''C. Fee Owned Improvements, Fixtures and Personalty:'''<br /> <br /> ::These items shall be inspected, identified and described in sufficient detail to indicate their uses, quality, condition and location upon the premises.<br /> <br /> ::The description of affected improvements shall include such items as significant deferred maintenance, recent renovation and a statement of actual and effective age.<br /> <br /> ::Unaffected improvements shall be inspected to the extent that they can be adequately described. If directed in the Scope of Assignment, the appraiser may estimate the contributory value of unaffected improvements without support.<br /> <br /> ::The appraiser shall identify and value personal property, trade fixtures, or intangible items that are not real property but are impacted by the acquisition and are included in the valuation. When there are items such as appliances, fireplace inserts, equipment, on-premise signs, mobile homes, etc., which could be realty or personalty, the report shall identify them and state whether they are considered personalty or realty. See [[#Personalty and Fixtures|EPG 236.6.3.1.D.12]] for instructions on personalty and fixtures.<br /> <br /> ::When appropriate the impact of Title III of the Americans With Disabilities Act of 1990 as outlined in [[#Other Appraisal Considerations|EPG 236.6.3.1.D.1, Other Appraisal Considerations]] should be addressed.<br /> <br /> ::'''D. Tenant Owned Improvements, Fixtures and Personalty:'''<br /> <br /> ::All buildings, structures or other improvements, except outdoor advertising structures, which are a part of the realty and owned by someone other than the fee holder shall be valued as such items contribute to the fee or valued for removal (salvage), whichever is greater.<br /> <br /> ::The report shall identify the terms of the lease and describe buildings, structures or other improvements owned by someone other than the fee holder, which the tenant has the right or obligation to remove at the expiration of the lease term.<br /> <br /> ::All tenant owned improvements including outdoor advertising structures shall be identified and described as separate assets from that of the fee holder. Follow instructions for describing improvements in Paragraph 7C of this section. See [[#Personalty and Fixtures|EPG 236.6.3.1.D.12]] for instructions on personalty and fixtures.<br /> <br /> ::When appropriate the impact of Title III of the Americans With Disabilities Act of 1990 as outlined in [[#Other Appraisal Considerations|EPG 236.6.3.1.D, Other Appraisal Considerations]] should be addressed.<br /> <br /> ::'''E. Other Appraisal Considerations:'''<br /> <br /> ::Methods and directions for addressing other property elements are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> &lt;div id=&quot;8. Highest and Best Use Analysis Before Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''8. Highest and Best Use Analysis Before Acquisition'''<br /> <br /> :The appraiser shall analyze the highest and best use before acquisition to the extent commensurate with the appraisal problem. Estimation of market value requires consideration of the highest and best use or uses for which the property is suited. Conclusion of highest and best use of vacant land should be consistent with zoning or evidence shall be included supporting the probability of zoning change. If the subject property is unzoned vacant land, highest and best use should be consistent with surrounding land use and area trends or evidence supporting the different use shall be offered. If the highest and best use is the existing use as improved, reasons supporting this conclusion should be explained. If the highest and best use is different from the current use as improved and particularly if other than allowed by current zoning, this conclusion should be supported by market evidence and analysis showing that this use is financially feasible, physically possible, and that there is a high probability of obtaining the necessary zoning. An unsupported statement of conclusion will not meet the requirement for highest and best use analysis in the Standard Format.<br /> <br /> ::'''A.Valuation of Properties with Multiple Highest and Best Uses:'''<br /> ::Properties with the potential for multiple highest and best uses may be valued from comparable sales with like potential or as an alternative, the appraiser may value each use area by data comparable to each specific use to reach a value conclusion. Should an appraiser pursue the latter method of evaluation three sales comparable to each specific use area must be included and analyzed in the sales comparison approach, appropriate cost and income data for each use area shall be included if these approaches are utilized, and it must be shown that the owner may convey each specific use area without affecting the value of the remaining area(s).<br /> <br /> ::'''B.Valuation of Improvements That Do Not Represent the Highest and Best Use of the Property:'''<br /> ::If improvements do not represent the highest and best use of the property they may have interim use value, depreciated in place value, salvage value (value of salvage exceeds cost of removal), no value (removal cost equals salvage value) or negative value (removal cost exceeds salvage value). The analysis should be clear as to which valuation premise is being used. Compensation for improvements, like fence, that may not contribute to the fulfillment of the highest and best use may be considered when the property was previously fenced and the owner utilizes the property for livestock confinement.<br /> <br /> ::If a salvage value is included in [[#Salvage Value|Paragraph 18 (Salvage Value)]], the before value of that improvement must be at least equal to that salvage value.<br /> <br /> &lt;div id=&quot;Valuation Before Acquisition&quot;&gt;&lt;/div&gt; <br /> :'''9. Valuation Before Acquisition'''<br /> <br /> ::'''Required Approaches:'''<br /> ::Appraisers shall as a minimum complete the approach or approaches to value as specified within the body of the appraisal agreement and/or elements of the Scope of Assignment. If the appraiser determines the appraisal problem is more or less complex than reflected in the Scope of Assignment, it is the appraiser’s responsibility to communicate the necessity to amend the Scope of Assignment, which may necessitate renegotiation of the agreement.<br /> <br /> ::Each required approach to value, both before and after when applicable, shall be compiled in accordance with accepted appraisal principles and techniques, with appropriate specifications contained in these instructions and in compliance with [https://www.fhwa.dot.gov/legsregs/directives/cfr23toc.htm 23 CFR - Highways] and [https://ecfr.io/Title-49/ 49 CFR – Transportation].<br /> <br /> ::Sales of the subject within the past 5 years and current Agreements of Sale, options and listings of the subject property shall be considered and analyzed. In some cases, sales of the subject over 5 years old may still be relevant.<br /> <br /> ::'''Sales Data and Other Market Support:'''<br /> ::Each appraisal report prepared on the Standard Appraisal Format shall contain sufficient documentation, including valuation data and the appraiser's analysis of that data, to support the opinion of value.<br /> <br /> ::Appraisers shall incorporate within the appraisal reports adequate sales and other supporting data to relay the necessary comparative information using Comparable Sale [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Forms 236.6.3.5.A] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx EPG 236.6.3.5B].<br /> <br /> ::The report shall contain a sales map in sufficient detail to allow the reader to drive to each sale.<br /> <br /> &lt;div id=&quot;Sales Comparison&quot;&gt;&lt;/div&gt;<br /> ::'''A. Sales Comparison Approach Before Acquisition:'''<br /> <br /> ::When a sales comparison approach is applicable, an appraiser must analyze such comparable sales data as are available to indicate a value conclusion.<br /> <br /> ::A comparable sale may be considered as follows:<br /> <br /> ::*a real property transferring on the open market within approximately 5 years of the date of appraisal in which the sale is referenced as a basis for conclusion of value,<br /> ::*a sold property which is similar and/or suitable for comparison with realty being appraised with regard to land area, shape, location, topography, utilities, improvements when applicable, potential highest and best use(s) and any other sufficiently similar qualities which may enable an informed person to arrive at a reasonable estimate or conclusion of value.<br /> ::*Pending contracts should be considered but not relied upon.<br /> ::*Contract for Deed may be used, however, if the contract is not recorded, a copy of the contract must be part of the appraiser’s file.<br /> <br /> ::Comparable sale data shall be reported in each applicable portion of Sale Form [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx 236.6.3.5.A] or [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Form 236.6.3.5.B].<br /> <br /> ::A minimum of three comparable sales is required as a basis for an evaluation by the sales comparison approach in the Standard Format, unless a different number is authorized in the Scope of Assignment. An arms-length sale of the subject property may be considered a comparable sale provided the transfer occurred within approximately 5 years of the date of appraisal. Adjustments for changes in market conditions and/or improvements may be necessary to align sale price with current value.<br /> <br /> ::Each comparable sale shall be compared with the appraised realty and adjustments implemented for each significant element of difference affecting value. An explanation shall be offered for each individual adjustment. Differences may be measured by either dollars or percentage. A lump-sum adjustment for more than one difference is not acceptable.<br /> <br /> ::The appraisal report shall contain sufficient sales data or other factual data and analyses of such data as to lend credible support to an opinion of each adjustment or value differential applied to the comparable sale. The only exception to this policy shall apply when such supportive data cannot be abstracted by sales analyses and the appraiser so states. Comments regarding adjustments abstracted from or based upon sale analyses shall include reference to the section or page number of the report where the abstraction is explained. Comments sufficient to explain the appraiser's rationale and reasoning shall be offered for each adjustment which could not be supported by sales, sales analyses or other factual data.<br /> <br /> ::Comparable sales used as a basis for evaluating unimproved land must be either unimproved or all improvements totally and completely depreciated and offering no contributory value at date of sale. The procedure of abstracting estimated contributory value of improvements from selling price to arrive at residual value for unimproved land shall not be considered credible sale evidence or a basis for valuing unimproved realty.<br /> <br /> ::Use of sales that have improvements located on them as vacant land sales, when it has been confirmed that those improvements did not contribute to value, is acceptable provided that during the course of time that the sale is being relied upon, those improvements have not been rehabilitated for renewed use. Once it becomes apparent that an improvement, formerly concluded to have no contributory value, has been put back into productive use, a sale written to the contrary has lost much of its credibility and is not to be used as a comparable for land valuation.<br /> <br /> ::Each sale shall be analyzed to yield a value indication for the subject. These value indications shall be reconciled to a value conclusion by the sales comparison approach. A final conclusion of value differing from the range indicated by the comparable sales must be explained in depth.<br /> <br /> ::Before Value by Sales Comparison Approach: $_______________<br /> <br /> &lt;div id=&quot;Cost Approach&quot;&gt;&lt;/div&gt;<br /> ::'''B. Cost Approach Before Acquisition:'''<br /> <br /> ::When a cost approach is applicable, an appraiser must:<br /> ::*develop an opinion of site value by an appropriate appraisal method or technique<br /> ::*analyze such comparable cost data as are available to estimate the cost new of the improvements<br /> ::*analyze such comparable data as are available to estimate the difference between the cost new and the present worth of the improvements (accrued depreciation)<br /> <br /> ::When utilizing the cost approach the appraiser shall offer a minimum of three unimproved land sales to serve as a basis for evaluating unimproved land, unless a different number is authorized in the Scope of Assignment. Each land sale must meet the criteria as prescribed for comparable sales in Paragraph 9A of this Section.<br /> <br /> ::The appraiser shall compare each individual comparable land sale with the subject property. Adjustments to each comparable sale shall be in accordance with specifications set forth in Paragraph 9A of this section.<br /> <br /> ::'''Improvement Costs:''' All elements recited in the cost approach must be substantiated by reference to specific sections of acceptable cost manuals, contractor's estimates, manufacturer's or dealer's cost data or by other appropriate sources. The appraiser may determine the value of nominal or unique elements in the cost approach with the best available method, with the requirement for support relative to the value conclusion.<br /> <br /> ::The use of either replacement or reproduction cost is acceptable if the following two definitions are properly applied:<br /> <br /> :::Replacement cost is the estimated cost to construct at current prices a building with utility equivalent to the building being appraised, using modern materials and current standards, design and layout.<br /> <br /> :::Reproduction cost is the estimated cost to construct at current prices an exact duplicate or replica of the building being appraised using the same materials, construction standards, design, layout and quality of workmanship, and embodying all of its deficiencies, superadequacies and obsolescence.<br /> <br /> ::'''Depreciation of Improvements:''' When completing the cost approach, the appraiser shall determine from market data or by the age/life method the applicable rate of depreciation for residential units, commercial buildings and other principal capital improvements. Improvements of a minor nature may be depreciated based on observed condition. Depreciation rates for mechanical appurtenances and/or trade fixtures may be estimated from age/life data furnished by the manufacturer or supplier, or from accepted cost manuals.<br /> <br /> ::Before Value by Cost Approach: $____________ <br /> <br /> &lt;div id=&quot;Income Approach&quot;&gt;&lt;/div&gt; <br /> ::'''C. Income Approach Before Acquisition:'''<br /> <br /> ::When an income approach is applicable, an appraiser must:<br /> <br /> ::*analyze such comparable rental data as are available and/or the potential earnings capacity of the property to estimate the gross income potential of the property;<br /> ::*analyze such comparable operating expense data as are available to estimate the operating expenses of the property;<br /> ::*analyze such comparable data as are available to estimate rates of capitalization and/or rates of discount; and <br /> ::*base projections of future rent and/or income potential and expenses on reasonably clear and appropriate evidence.<br /> <br /> ::The appraiser shall, when implementing an income approach to value, develop an overall capitalization rate from sales of comparable realty investments, band of investment or other accepted method. Discounting to present value of some income streams may be an acceptable technique. The appraiser shall also offer evidence supporting income and expense estimates.<br /> <br /> ::Before Value by Income Approach: $_______________<br /> <br /> &lt;div id=&quot;Reconciliation of Value Before Acquisition&quot;&gt;&lt;/div&gt; <br /> :'''10. Reconciliation of Value Before Acquisition:'''<br /> <br /> ::If more than one approach to value is used, the appraiser shall correlate the resultant value estimates and explain the rationale for deciding which approach and data provide the best support for the conclusion of value before acquisition.<br /> <br /> ::Total Value Before Acquisition: $_______________<br /> <br /> &lt;div id=&quot;Description of Property After Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''11. Description of Property After Acquisition'''<br /> <br /> ::The appraiser shall describe the remaining realty to the extent necessary to provide a word picture of the after condition. If the remainder is substantially changed from the before condition the appraiser shall describe the remainder as if the before condition never existed. Partial acquisitions of a minor nature may best be described by discussing changes caused by the acquisition rather than repeating the contents of Paragraph 7 of this section.<br /> <br /> ::*Impact on Zoning: Describe impact on zoning.<br /> ::*Access After Acquisition: The report shall discuss the available legal and physical access of the subject property as well as the comparable sales. The report must address if the legally provided access points are comparable to the physical access available to the property before the acquisition in regard to topography, timber, etc. See [[236.6 Appraisal and Appraisal Review#236.6.3.6 Access Rights Valuation|EPG 236.6.3.6]] for applicable laws and definitions regarding access.<br /> ::*Impact on Utilities: A statement is required regarding the impact, if any, on all public and private utility services which the property has in use or available in the before condition. Special considerations apply when it is necessary to to adjust the property owner’s service lines located on existing right of way. The cost to move and reconnect service lines that lie within the existing right is not compensable to the owner if such reconnection is included in the construction contract. See [[643.2 Local Utility Adjustments - Public and Private#643.2.1.6 Service Lines Owned by Property Owners|EPG 643.2.1.6 Service Lines Owned by Property Owners]].<br /> ::*Utilities In Use After Acquisition:<br /> ::*Utilities Available After Acquisition:<br /> <br /> :'''Other Appraisal Considerations:'''<br /> <br /> :Methods and directions for addressing other property elements are described in [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> &lt;div id=&quot;Highest and Best Use Analysis After Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''12. Highest and Best Use Analysis After Acquisition'''<br /> <br /> :The report may indicate that the highest and best use of the remaining realty is unchanged and an explanation supporting such a conclusion is required. Should the acquisition cause a change in highest and best use or uses, the appraiser shall analyze the new highest and best use in depth commensurate with the appraisal problem. <br /> <br /> :Loss of access, loss of traffic, circuity of travel, placement of a median barrier, loss of visibility, loss of privacy, loss of security, etc., are to be considered elements by the appraiser in formulating an opinion of the highest and best use of the property in the after condition. If the appraiser determines there is no diminution in highest and best use of the property, even though these elements are present, the appraisal report is to include an explanation supporting such a conclusion.<br /> <br /> :The change(s) caused by the property acquisition may make it necessary for the appraiser to utilize new comparable sales data. [[#Special Benefits|Special Benefits]] reflected in a report must be supported by written concurrence from Commission's Counsel and addressed in the Scope of Work of the report if special benefits are recognized subsequent to the initial Scope of Assignment.<br /> <br /> &lt;div id=&quot;Valuation After Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''13. Valuation After Acquisition'''<br /> <br /> :The analyses and valuation sections relating to the remainder property constitute a new appraisal. In cases of an insignificant acquisition, the remainder may be so similar to the whole property before the acquisition that the same highest and best use analysis and the same cost, market, and income data and analysis will remain applicable and can therefore be referenced and employed in analyzing and valuing the remainder property. However, a change in the basic physical or economic character of the remainder may result in a change in the remainder’s highest and best use or the intensity of that use and may result in damages or benefits to the remainder property which will require different market data and/ or analysis than that which was used in the whole property valuation.<br /> <br /> :Follow instruction as shown in Paragraph 9 of this section as well as [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> ::'''A. Sales Comparison Approach After Acquisition:'''<br /> <br /> ::Follow Instructions as shown in Paragraph 9A above.<br /> <br /> ::After Value by Sales Comparison Approach: $_______________<br /> <br /> ::'''B. Cost Approach After Acquisition:'''<br /> <br /> ::Follow Instructions as shown in Paragraph 9B above.<br /> <br /> ::After Value by Cost Approach: $________________<br /> <br /> ::'''C. Income Approach After Acquisition:'''<br /> <br /> ::Follow Instructions as shown in Paragraph 9C above.<br /> <br /> ::After Value by Income Approach: $_______________<br /> <br /> &lt;div id=&quot;Reconciliation of Value After Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''14. Reconciliation of Value After Acquisition'''<br /> <br /> ::If more than one approach to value is used, the appraiser shall correlate the resultant value estimates and explain the rationale for deciding which approach and data provide the best support for the conclusion of estimated value after acquisition.<br /> <br /> ::Total Value After Acquisition: $_______________<br /> <br /> &lt;div id=&quot;Estimate of Total Just Compensation&quot;&gt;&lt;/div&gt;<br /> :'''15. Estimate of Total Just Compensation'''<br /> <br /> ::Total Just Compensation is computed by subtracting the estimated value after the acquisition from the estimated value before the acquisition.<br /> <br /> ::Estimated Value Before Acquisition $_______________<br /> <br /> ::Estimated Value After Acquisition $_______________<br /> <br /> ::Indicated Just Compensation Due to Acquisition $_______________<br /> <br /> &lt;div id=&quot;Allocation of Just Compensation&quot;&gt;&lt;/div&gt;<br /> :'''16. Allocation of Just Compensation'''<br /> <br /> :The appraiser shall offer an opinion of reasonable allocation of the estimate of just compensation between realty acquired and damages to the remainder for .the interests of both fee holders and tenants who own improvements, fixtures or personalty included in the value.<br /> <br /> ::'''A. Allocation of the Fee Holder’s Interest:'''<br /> <br /> :::'''1.''' Land Acquired: $ ______________<br /> <br /> :::Report the calculated value of the land acquired.<br /> <br /> :::'''2.''' Improvements, Fixtures and Personalty: $_________________<br /> <br /> :::'''3.''' Total Land and Improvements, Fixtures and Personalty: $_________________<br /> <br /> :::'''4.''' Damages to the Remainder: $_________________<br /> <br /> :::Damages to the remainder including permanent and temporary easements shall be identified and individually valued, and their values combined to a total. Losses caused by temporary borrow pits must be set apart from other damages. Fencing required as a cost to cure due to road realignment, temporary fencing etc. shall be included as a damage to the remainder. See additional discussion on Damages in [[#Other Appraisal Considerations|EPG 236.6.3.1D]].<br /> <br /> :::'''5.''' Total Just Compensation Due Fee Holder: $________________<br /> <br /> ::'''B. Allocation of the Tenant Owner’s Interest:'''<br /> <br /> :::'''1.''' Tenant Owned Improvements, Fixtures and Personalty:<br /> <br /> :::::Item _________________ $_________________<br /> :::::Item _________________ $_________________<br /> <br /> :::Identify each tenant owned improvement within the new acquisition and/or easement area and estimate its value. Use the greater of its contributory value or value for removal (salvage value).<br /> <br /> :::'''2.''' Damage to Tenant Owned Improvements, Fixtures and Personalty:<br /> <br /> :::::Item _________________ $_________________<br /> :::::Item _________________ $_________________<br /> <br /> :::Identify and show a value loss, if any, for each damaged tenant owned improvement lying outside the acquired area.<br /> <br /> :::'''3.''' Leasehold Interest: $_________________<br /> <br /> :::Calculate value of leasehold interest, if any, should the lease be affected by the acquisition.<br /> <br /> :::'''4.''' Total Just Compensation Due Tenant Owner: $________________<br /> <br /> &lt;div id=&quot;Uneconomic Remnant&quot;&gt;&lt;/div&gt;<br /> :'''17. Uneconomic Remnant'''<br /> <br /> :&quot;The term uneconomic remnant means a parcel of real property in which the owner is left with an interest after a partial acquisition of the owner's property, and which the acquiring agency has determined has little or no value or utility to the owner.&quot; [https://www.law.cornell.edu/cfr/text/49/24.2 (see 49 CFR Section 24.2 (27)] and [[236.5 Property Management#236.5.9.1 Definition|EPG 236.5.9.1 Definition]] (in EPG 236.5 Property Management). When the appraiser is of the opinion that an uneconomic remnant does not exist, enter the word &quot;none&quot; in this paragraph. When the appraiser is of the opinion that an uneconomic remnant has been created by the acquisition, an explanation is required. The appraiser shall describe elements that contribute to a parcel having some characteristics of an uneconomic remnant, yet conclude that the parcel is not an uneconomic remnant. A separate area and value should be shown for multiple uneconomic remnant areas.<br /> <br /> :::Area __________________ @ $ __________ = $ ________________<br /> <br /> &lt;div id=&quot;Salvage Value&quot;&gt;&lt;/div&gt;<br /> :'''18. Salvage Value'''<br /> <br /> :&quot;The term salvage value means the probable sale price of an item offered for sale to knowledgeable buyers with the requirement that it be removed from the property at a buyer’s expense (i.e., not eligible for relocation assistance). This includes items for re-use as well as items with components that can be reused or recycled when there is no reasonable prospect for sale except on this basis.&quot; <br /> <br /> :Each acquired improvement enumerated above shall be additionally identified under salvage and a salvage value determined or zero indicated. Salvage values should not be assigned to very low value items such as farm fencing. If an improvement has salvage value, the before value of such improvement must be at least equal to the salvage value.<br /> <br /> :Allocate salvage values between fee and tenant improvements, fixtures and personalty.<br /> <br /> :::Improvement ______________ Salvage Value $_________________<br /> <br /> :::Improvement ______________ Salvage Value $_________________<br /> <br /> :::Total Salvage Value ______________ $_________________<br /> <br /> &lt;div id=&quot;Required Attachments&quot;&gt;&lt;/div&gt;<br /> :'''19. Required Attachments'''<br /> <br /> ::'''Assumptions and Limiting Conditions:''' The appraiser shall use the standard [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 236.6.3.1.A). If additional contingencies or limiting conditions apply, they shall be stated here. Unauthorized hypothetical conditions, assumptions, or limiting conditions may result in disapproval of the appraisal report.<br /> <br /> ::'''Certificate of Appraiser:''' A properly completed and signed copy of [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1.B) shall be attached to the appraisal report.<br /> <br /> ::'''Site Plan:''' The appraiser must provide a site plan showing all property boundaries and the location of major and affected improvements. An annotated copy of an assessor’s aerial map, a survey, an aerial photo, a cut of the highway plan can meet this requirement if it shows the whole property and all improvements, or a drawing. If other than the plan cut is used to meet this requirement the site plan should show the proposed boundary line and easements, and the areas of the acquisition and remainder. Greater detail and a higher degree of accuracy is required on small parcels or where improvements are very near and possibly affected by the acquisition than on large parcels where improvements may be important to the value estimate but are not affected by the acquisition.<br /> <br /> ::'''Photographs:''' The appraiser shall attach identified color photographs of the appraised property showing all improvements and features affecting the value. Photographs should show details important to the valuation of major and/or affected improvements. Photographs should also show the area of acquisitions including easement areas and their relationships to affected improvements.<br /> <br /> ::'''Floor Plans of Acquired Residential Units And Structures with Internal Walls:''' A floor plan drawing is required when:<br /> <br /> :::*a residential unit is acquired, to aid in the determination of relocation requirements and benefits.<br /> :::*demolition will be required on structures with interior walls.<br /> <br /> ::'''Comparable Sale Map:''' The report shall contain a sales map in sufficient detail to allow the reader to drive to each sale.<br /> <br /> ::'''Sale Data Forms:''' Data books may be utilized in each appraiser’s practice but shall not be submitted to division or referenced in reports. Each appraisal report prepared on the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format] shall contain sufficient documentation, including valuation data and the appraiser's analysis of that data, to support the opinion of value.<br /> <br /> ::Appraisers shall incorporate within the appraisal reports adequate sales and other supporting data to relay the necessary comparative information. Sale data sheets, Forms [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx 236.6.3.5 A] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx B] utilized in the valuation shall be attached to each report. The entirety of information obtained on each sale transaction may exceed the need for each individual report, like income data, etc. Individuals may develop abbreviated sale data sheets that contain only the information necessary for comparison to the subject valuation, with other data retained in the appraiser’s work file.<br /> <br /> ::'''Optional Attachments'''<br /> :::*Cover letters<br /> :::*Tables of Contents<br /> :::*Appraiser Qualifications<br /> :::*Engagement Letter or Notice to Proceed<br /> :::*Legal Instructions, if any shall be retained in the appraiser’s work file and not attached to valuation reports.<br /> <br /> ::'''A. Assumptions and Limiting Conditions'''<br /> <br /> ::[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 236.6.3.1.A) shall be attached to each [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Format] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20Finding%20Appraisal%20Form%20236.6.3.2.docx Value Finding] appraisal, and other valuations where it is deemed appropriate.<br /> <br /> ::'''B. Certificate of Appraiser'''<br /> <br /> ::[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1.B) shall be attached to each Standard Format and Value Finding appraisal, and other valuations where it is deemed appropriate. The Certificate of Appraiser is not used on Waiver Valuations.<br /> <br /> ::'''C. Tenant Summary'''<br /> <br /> ::[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Summary%20of%20Tenant%20Interests%20Form%206.3.1C.pdf Summary Value of Tenant Interests], Form 236.6.3.1.C, shall be prepared and provided to tenant owners of improvements and interests affected by an acquisition. Form 236.6.3.1.C is a summary of tenant information and valuations included in the valuation of the parent property, but is not to be attached to the appraisal or valuation documents provided to the fee owner.<br /> <br /> &lt;div id=&quot;Other Appraisal Considerations&quot;&gt;&lt;/div&gt;<br /> ::'''D. Other Appraisal Considerations'''<br /> <br /> ::The following elements shall be considered and addressed in the appropriate paragraphs of all valuations.<br /> <br /> :::'''1. Americans With Disabilities Act of 1990'''<br /> <br /> :::The intent of this section for the appraiser is to emphasize the importance of the impact of the ADA on real estate valuation. Appraisers must be aware of differences in apparently comparable improved properties due to ADA. It is not intended that appraisers unduly seek out ADA deficiencies in affected and acquired improvements.<br /> <br /> :::The appraiser should be aware of the requirements of Title III of the Americans With Disabilities Act of 1990 and consider its effect on the value of the appraised property. The Act applies to any public accommodation, commercial facility, or private entity that offers examinations or courses related to applications, licensing, certification or credentialing for secondary or post-secondary education, professional or trade purposes. When a public accommodation is located in a private residence that part used for public accommodation is covered by this act, including those elements used to enter the place of public accommodation.<br /> <br /> :::The Act requires removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable, i.e., easily accomplished and able to be carried out without much difficulty or expense. Whether a measure is readily achievable is determined on a case-by-case basis, however, the obligation to remove barriers is a continuing one. What was not readily achievable in the past may become achievable in the future and the Act envisions a gradual removal of barriers and suggests priorities for their removal.<br /> <br /> :::All new improvements after January 26, 1993 must be designed and constructed to be readily accessible and usable by individuals with disabilities. Alterations to existing facilities after January 26, 1993 must to the maximum extent feasible ensure that the altered portions of the facility are readily accessible. When undertaking a cost to cure as part of the damages caused by a property acquisition, the appraiser will have to consider how the acquisition affects accessibility as well as whether the improvement was or should have been in compliance prior to the acquisition.<br /> <br /> :::Subject property shall be inspected on the date of valuation for its compliance or non-compliance with ADA regulations. All comparable sales used in the valuation process should be analyzed as to their compliance or non-compliance to ADA regulations as of the date of sale. If subject property is currently in non-compliance with ADA regulations the appraiser should use similar comparable sales, which are in non-compliance for comparison purposes. It shall be the appraiser's responsibility to estimate the current market value of subject property as it now exists taking into consideration all of its compliance or non-compliance of ADA regulations and making adjustments for either situation. Curing damage to the remainder could trigger requirements of ADA. This must be considered in any after value analysis.<br /> <br /> &lt;div id=&quot;Billboard&quot;&gt;&lt;/div&gt;<br /> :::'''2. Billboard Valuation'''<br /> <br /> :::For further information on the acquisition of billboards, see [[236.16 Outdoor Advertising#236.16.9 Sign Structures/Junkyards Affected by Highway Projects|EPG 236.16.9 Sign Structures/Junkyards Affected by Highway Projects]]. The following definitions are for valuation purposes and are linked to locations where other definitions of the subject are available for different purposes.<br /> <br /> ::::'''A. Definitions:'''<br /> <br /> ::::'''Billboard:''' An outdoor advertising structure that is described within the outdoor advertising industry as a flat surface (panel, wall, or fence, etc.) on which bills are posted. Specifically, a large panel designed to carry outdoor advertising intended or used to advertise or inform of activities conducted away from the premises or services and/or products provided somewhere other than the premises where the structure is located. It advertises an establishment, merchandise, service or entertainment that is not sold, produced, manufactured or furnished at the property on which it is located.<br /> <br /> ::::Billboards along with their supporting structures are considered realty. Billboards should not be confused in the appraisal process with on-premise signs.<br /> <br /> ::::Although billboards are the dominant form of outdoor advertising, other forms such as an outdoor sign, display, device, figure, painting, drawing, message, plaque, or poster may also be considered as outdoor advertising. The valuation of these other forms of outdoor advertising should follow the procedures stated herein.<br /> <br /> ::::For purposes of valuation, the terms billboard and outdoor advertising structure are used interchangeably. [[236.16 Outdoor Advertising|Outdoor advertising]] is defined at [https://revisor.mo.gov/main/OneSection.aspx?section=226.510 226.510 RSMo].<br /> <br /> ::::'''On-premise Sign:''' An on-premise sign advertises activities, services and/or products offered by the establishment on the premises that it is located. On-premise signs may be realty or personalty. On-premise sign is defined at [http://sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7-CSR 10-6.015(25)].<br /> <br /> ::::'''Status of Billboard Structures:''' The status of billboard structures is conforming, conforming out of standard, nonconforming or illegal.<br /> <br /> ::::*'''Conforming Billboard Structures''' comply with all current billboard regulations.<br /> <br /> ::::*'''Conforming Out of Standard Structures''' fail to meet the current statutory and administrative rule requirements but comply with the terms of the federal state agreement and meet the statutory requirements of 1999. (Refer to [[236.16 Outdoor Advertising#236.16.7.3 Conforming Out of Standard|EPG 236.16.7.3 Conforming Out of Standard]]; [http://sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.040(7)]).<br /> <br /> ::::*'''Nonconforming Billboard Structures''' do not comply with all current billboard regulations, but did comply at one time, have a permit, and may remain in place until destroyed. Nonconforming is defined at [http://sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.015(24)].<br /> <br /> ::::*'''Illegal Billboards Structures''' may have a permit, but are damaged, do not comply with current statutes, or have other legal limitations.<br /> <br /> ::::'''Status of Billboard Sites:''' The status of improved billboard sites is either legal or illegal. The status of a permitted but unimproved site will always be legal.<br /> <br /> ::::*'''Legal Billboard Site''' is a location on a property that has attained the legal status for construction of a billboard, including the presence of a qualifying commercial enterprise and spacing from other permitted locations. The Outdoor Advertising Specialist can identify current status and spacing requirements. (See Status below.) If zoned, the zoning must accommodate billboards.<br /> <br /> ::::*'''Illegal Billboard Site''' will generally be associated with a structure that has been erected without a permit, or it is in conflict with a permit regarding location or other issues.<br /> <br /> ::::'''Eliminated Billboard Site:''' If an improved billboard site is within the proposed acquisition area, or otherwise impacted by a project, the site shall be considered eliminated if there is inadequate remaining size, if the qualifying commercial enterprise has been eliminated, adequate spacing is not available, local requirements, or other reasons identified by the appraiser. Limitation of access may impact legal billboard sites.<br /> <br /> ::::'''B. Property Description:'''<br /> <br /> ::::The description of billboards shall include size, structural components, lighting, condition, maintenance, recent renovation and a statement of actual and effective age. All tenant owned billboards shall be identified and described as separate assets from that of the fee holder. Regardless of impact by the acquisition, billboard structures shall be inspected to the extent that they can be adequately described and that valuation may be accomplished if acquired, or a contributory value may be estimated if unaffected by the acquisition.<br /> <br /> ::::For valuation purposes, the size of a billboard site may not need to be identified, as long as the billboard use does not diminish other uses on the land, or other uses on the land do not diminish the additional contributory value as a billboard site or structure.<br /> <br /> ::::The billboard site and each component of the outdoor advertising structure may be under different ownerships. The status of each billboard site and structure, affected by the acquisition, must be reported in the appraisal. (A legal site may contain an illegal structure, etc.) Fee and staff appraisers shall secure information on status of billboards and administrative hearings from the Outdoor Advertising Permit Specialist. District right of way personnel shall request, the Outdoor Advertising Permit Specialist to prepare an Outdoor Advertising Profile Report (ADV Profile Report).<br /> <br /> ::::'''C. Compensation:'''<br /> <br /> ::::Compensation shall be paid for legal sites, conforming structures and non-conforming structures eliminated by an acquisition.<br /> <br /> ::::If a billboard structure or site that is illegal or scheduled for administrative hearing is encountered in the acquisition, consult regional counsel to determine if compensation must be included or omitted in the valuation, and state the findings and conclusion in the report.<br /> <br /> ::::If after the acquisition of an improved billboard site, the remaining spacing is such that one cannot identify which of two or more tracts might be able to obtain a permit for a replacement site, valuations must include compensation for improved sites that are eliminated but may be replaceable, and not speculate on which of several owners might achieve the permit.<br /> <br /> ::::'''D. Valuation:'''<br /> <br /> ::::Federal regulations require that all applicable, relevant and reliable approaches to value be considered in valuing billboards. Therefore, as in the valuation of all property types, all relevant approaches to value are to be considered and included in the report, when practicable. When the landowner also owns the billboard, and the billboard and site are being acquired, contact the Right of Way Section, and additional arrangements will be made for the valuation. The appraiser may estimate the value of billboards and their sites by the most relevant and reliable approach, and include the result in the total overall value. The appraisal must state why any approach is not used.<br /> <br /> ::::The valuation of billboard sites that are part of a larger ownership, may utilize market information from comparable sales of sites or capitalization of rents of comparable sites. This site value conclusion may then be added to or included in the concluded realty value of the overall ownership.<br /> <br /> ::::A special larger parcel valuation situation may arise if the landowner owns the billboard and also advertises the billboard owner's business, service or product, which is provided at other premises. When this ownership combination occurs, and the site and structure are acquired, contact the Right of Way Section and regional counsel.<br /> <br /> ::::'''Sales Comparison Approach:''' A Sales Comparison Approach may be developed using comparable sales of improved billboard sites, improved with structures similar to the subject’s structure. Elements of comparison might include traffic count, height, lighting, proximity to towns or commercial development, direction of travel, visibility, etc.<br /> <br /> ::::'''Income Approach:''' When a billboard acquisition necessitates an income approach, contact Right of Way Section, for additional guidance or arrangements will be made for the valuation. In all ownership combinations, the income derived from the rent received for the land and structure is to be considered in developing an income approach to determine the contributory value of the billboard and supporting land. Income from the sale of advertising displays posted on billboards shall not be considered as income imputable to the realty.<br /> <br /> ::::Comparable rental data can be developed with information from landowners who rent their structure to a second party who places advertising on the structure. Capitalization rates must be supported. Use of the band of investment method of developing a capitalization rate is acceptable.<br /> <br /> ::::In valuing billboard sites, the appraiser shall determine potential economic rent for the subject site. Such rent shall be estimated by comparing the subject site to comparable leased premises. Potential economic rent shall be capitalized at an appropriate rate to determine the current estimated value of the sign site. The appraiser shall explain or support the overall capitalization rate used. Legal status and remaining functional life of the site may impact the selection of the capitalization rate.<br /> <br /> ::::'''Cost Approach:''' The appraiser shall estimate the value of billboards and their sites by the cost less depreciation method and include the result in the total overall value. The Cost Approach shall always be developed, regardless if other approaches are also used. Costs for the structures shall be compiled by the unit in place method, quantity survey method or contractor estimate with depreciation measured by the most appropriate means available. Cost sources are to be supported as defined in [[#Cost Approach|EPG 236.6.3.1.9B]].<br /> <br /> ::::The district is encouraged to contract for cost estimates of replacement or reproduction cost with local sources. It is the appraiser's responsibility to apply estimated depreciation to such estimates to the extent indicated by its current physical condition.<br /> &lt;div id=&quot;Reset Option&quot;&gt;&lt;/div&gt;<br /> <br /> ::::'''Reset Option:''' Signs meeting the reset requirements are classified as Conforming Out of Standard and will be eligible for compensation to reset the sign within the same property or on an adjoining property. One bid will be collected from another sign company supporting the cost of the sign reset. The bid will be included in the appraisal.<br /> <br /> ::::'''Reconciliation:''' The basis for the appraiser’s reconciliation of the approaches to a final value estimate should be based on their consideration of the relative strengths and weaknesses of each approach utilized.<br /> <br /> ::::'''E. Distribution of Fee Holder and Tenant Interest:'''<br /> <br /> ::::The appraisal report shall identify the site’s annual contract rent, remaining term of the lease, and any other provisions pertinent to the income to be received by the landowner. In those cases where the tenant has a lease and the contract rent is less than the economic rent for the sign site, the appraiser shall compute present value of the difference for the remaining lease term. This amount is the leasehold interest. This amount will be subtracted from the landowner’s value of the sign site. The amount shall then be added to the tenant’s interest.<br /> <br /> ::::'''F. Salvage Value:'''<br /> <br /> ::::The appraiser shall determine a salvage value. Salvage value is the probable sale price of an item if offered for sale to knowledgeable buyers, including the previous structure owner, with the requirement that it be removed from the property at a buyer’s expense (i.e. not eligible for relocation assistance). This includes items for re-use as well as items with components that can be reused or recycled when there is no reasonable prospect for sale except on this basis. Assignment of a salvage value for billboard structures should specifically address the previous owner’s ability to utilize or move the salvaged item.<br /> <br /> ::::If the appraiser, in consultation with the Outdoor Advertising Permit Specialist, determines that Legal Billboard Sites are readily available, it is acceptable to estimate the salvage value as the value in place at a potential replacement site minus the cost to relocate the sign to a replacement site.<br /> <br /> ::::'''G. Billboard Valuation Guide:'''<br /> <br /> ::::The following material is provided as a guide to suggest the minimum items of consideration in valuing a billboard and billboard site, which must be incorporated into an appraisal format, in the appropriate sections. Use [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Comparable Lease] (Form 236.6.3.5.C) for reporting all types of leases.<br /> <br /> ::::*Structure Owner<br /> ::::*Site Owner<br /> ::::*Status of the Structure<br /> ::::*Status of the Site<br /> ::::*Permit number and other material from the Outdoor Advertising Permit Specialist.<br /> ::::*Lease Terms: If the lease is not of public record, the appraiser should attempt to secure a copy from the parties. In the event a written lease is nonexistent or unavailable, the appraiser shall make personal inquiry of the parties in an effort to learn of terms and conditions. Data secured from such inquiry shall be entered on the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Comparable Lease] (Form 236.6.3.5.C)<br /> ::::*Property Description<br /> ::::*Valuation<br /> ::::*Distribution of Landowner and Structure Owner Interests<br /> ::::*Estimated Value to the Landowner<br /> ::::*Estimated Value of Billboard Site<br /> ::::*Less Leasehold Interest, if any<br /> ::::*Landowner Interest in the Site<br /> ::::*Estimated Value to the Structure Owner<br /> ::::*Estimated Value of Structure<br /> ::::*Add Value of Leasehold Interest, if any<br /> ::::*Structure Owner Interest<br /> ::::*Salvage Value<br /> <br /> :::'''3. Borrow Easements, Waste Easements or Haul Roads'''<br /> <br /> :::A valuation for an easement for a borrow area or haul road must provide a word picture which would adequately explain what damages will be associated with these easement areas. The description should include the appraiser's understanding of what the site will look like, how much material will have been removed or deposited, what the possible damages to the remainder will be, whether the affected area will be ponded, whether the topsoil will be stockpiled and replaced and whether the area will be seeded and mulched.<br /> <br /> :::If the acquisition involves a borrow easement or haul road, adjustments must be adequately explained.<br /> <br /> &lt;div id=&quot;Damages&quot;&gt;&lt;/div&gt;<br /> :::'''4. Damages'''<br /> <br /> :::Damages as such are not appraised. However, the appraiser shall explain any damages to the remainder property and allocate the difference in the value of the property before and after the acquisition between the value of the acquisition and damages to the remainder. If damages are measured by a cost to cure, the appraiser must justify the cost to cure and demonstrate that the cost to cure is less than the damage would be if the cure were not undertaken.<br /> <br /> :::Rationale for conclusion of damage to remainder due to easements or other damage shall be explained. Losses to remainder value may result from limitation of direct access, proximity of proposed boundary line to improvements, severance, reduction in size of remainder, configuration of remainder, change in grade, and other effects of acquisition.<br /> <br /> ::::'''Noncompensable Damages:''' It is an established principle of law that certain damages, which may occur by reason of a government acquisition of land, are not compensable and, therefore, must be disregarded by appraisers when estimating market value for such acquisitions. Losses of business and relocation expenses have been determined to be noncompensable. Other noncompensable damages include: damage to business, loss of or damage to goodwill, future loss of profits, expenses of moving removable fixtures and personal property, depreciation in value of furniture and removable equipment, frustration of plans, frustration of contractual expectations, loss of customers, and the expense of having to readjust manufacturing operations.<br /> <br /> ::::'''Easements:''' An easement can generally be described as an interest in land of another entitling the owner of that interest to a limited use of the land in which it exists, or a right to preclude specified uses in the easement area by others. An easement is an interest less than the fee estate, with the landowner retaining full dominion over the realty subject only to the easement; the landowner may make any use of the realty that does not interfere with the easement holder’s reasonable use of the easement and is not specifically excluded by the terms of the easement.<br /> <br /> ::::'''Temporary Easements:''' The appropriate measure of value for the acquisition of a temporary easement is the rental value for the term of the temporary easement, adjusted as may be appropriate for the rights of use, if any, reserved to the owner. Damages that result from temporary construction easements are usually based on the economic or market rent of the affected area for the term of the temporary easement. Usually, the land area affected is so small and the term of the temporary easement so short that compensation for the temporary construction easements is nominal. As a result, many agencies and appraisers have adopted a '''shortcut''' for its estimation. A reasonable return rate, rather than the economic or market rent based on comparable rentals, is estimated and applied to the encumbered land’s fee value for the term of the temporary easement. The rent loss or appropriate return is often not converted to a present value through the application of a discount rate because of the short term of the temporary easement and the nominal nature of the indicated rent loss.<br /> <br /> ::::Even though technically incorrect this shortcut is generally acceptable because of the nominal nature of the temporary construction easements acquisition and the cost and time savings associated with the short cut. However, appraisers must recognize that the short cut methodology will be found unacceptable if the indicated compensation is more than nominal.<br /> <br /> ::::In estimating and approving just compensation for temporary easements, the appraiser/reviewer must consider the impact on the use of the area of the property in the temporary easement and the impact of the temporary easement on the remainder.<br /> <br /> ::::Impacts within the temporary easement area can have impact for the duration of the occupancy/use by the contractor, the duration of the anticipated construction time of the project, or the duration of the encumbrance of the temporary easement on the property.<br /> <br /> ::::Temporary easements that impact only during the contractor occupation include driveway reconnection easements, construction of curbs, removal of items, etc. Although a contractor may be on a temporary easement area during different times, (Example: removal, grading, sub-grade, and paving) the appraisal may consider merely the total of time the area is disturbed for construction, when making the calculation for compensation. Unless otherwise indicated, the appraiser is to assume that owners/customers are provided reasonable access to property during construction.<br /> <br /> ::::Temporary easements that impact during the duration of the anticipated construction for the project include temporary bypasses, slope cuts, (slope fills require permanent easement) borrow easements, work and turn areas on parking lots, construction of retaining walls, etc.<br /> <br /> ::::Temporary easements that impact for the duration of the temporary easement encumbrance include large temporary easements on vacant land with development potential, temporary easements that occupy large areas or large proportions of front yards, borrow or waste easements, or any application of easement that might impact market value or the marketability of the property. The duration of the project may include time beginning at the anticipated acquisition, and time until anticipated letting, construction time until anticipated acceptance of the project, which would release the rights in the temporary easement area.<br /> <br /> ::::Temporary easements that may result in damage to remainder outside the actual temporary easement area include temporary loss of access or use of part or all of the property, undesirable borrow areas, etc. MoDOT accepts compensation for temporary easements at 10% of fee value per year, applied to one of the durations discussed above. Appraisal reports must include explanation of the duration used and why that duration was utilized. Different durations may apply to different temporary easement areas on an individual property. Use of other percentages requires analysis and explanation.<br /> <br /> ::::'''Third Party Appurtenant Easements:''' This section applies to the proper measure of value for a third party appurtenant easement that is acquired or extinguished as an incident of an acquisition of the servient estate (fee acquisition of property through which an easement of access connects a third party’s parcel to the highway). The third-party easement owner has a separate estate that must be separately appraised. In such cases, the easement owner is not limited to the value of the easement acquired, but is entitled to the value diminution of the property served by the easement. Accordingly, two appraisal assignments are required; a before and after appraisal of the easement interest and the property it serves (the before appraisal including the easement interest and the land it serves and the after appraisal excluding those interests acquired.) and a second appraisal assignment covering the land being acquired, as encumbered by the easement. This second appraisal would also require a before and after appraisal if only a portion of this larger parcel is to be acquired<br /> &lt;div id=&quot;Costs to Cure&quot;&gt;&lt;/div&gt;<br /> ::::'''Costs to Cure:''' The Commission’s intent is to make the property owners “whole” in the after condition. As such, if the affected property had previously been surveyed by the current or previous property owners, district right of way shall ensure that this element has been addressed. One way to address this element is by including a cost-to-cure line item in the appraisal to cover the costs the property owners will incur to have a new boundary survey prepared. This element may also be addressed by coordinating with the district PLS to monument the new limits of their remaining property. [[238.2 Land Surveying#238.2.14.3 Monumenting Landowner's Property Lines When Requested|EPG 238.2.14.3 Monumenting Landowner's Property Lines When Requested]] contains further guidance related to MoDOT taking responsibility for monumenting the property owners’ new property line.<br /> <br /> ::::Other methods may be used to address those properties that currently have the benefit of a boundary survey, as long as the property owner is considered by MHTC “whole” in the after condition.<br /> <br /> ::::Cost to cure items may include wells and water systems, septic or sewer systems, waterways, terraces, fencing for boundary lines along relocated highways, etc. Costs for such items shall be based on contractor estimates or other appropriate cost sources.<br /> <br /> ::::The estimated cost to move a building improvement shall not be used as a measure of consequential damage in the Value Finding format, unless authorized in the Scope of Assignment.<br /> <br /> :::'''5. Dedication Requirement'''<br /> <br /> :::When performing appraisals within corporate limits or in zoned areas, the appraiser must research the zoning ordinances, and/or subdivision regulations, to reveal if properties subject to acquisition could be required to make a dedication of land in exchange for zoning change or development plans, to achieve the highest and best uses that are anticipated to be suggested in appraisal reports. If such ordinances and/or regulations are discovered, their impact must be addressed and reflected in valuations.<br /> <br /> :::Indications of dedication in existing ordinances, plats, deeds or other conveyances must contain the proper language to effect a proper dedication. The wording &quot;reserved for future highway&quot; will not rise to the level of a lawful dedication. The wording &quot;dedicated to the Missouri Highway and Transportation Commission (or its predecessor title State Highway Commission of Missouri) for public use forever&quot; or like wording must be used. Consult your regional counsel regarding the effectiveness of any particular wording. See [[236.4 Description Writing and Titles#236.4.6.4(k)|Description Writing ]] and [[236.5 Property Management|EPG 236.5 Property Management]].<br /> <br /> :::'''6. Environmental Considerations'''<br /> <br /> :::The appraiser is responsible for reporting any observed or suspected indications of contamination by hazardous materials or waste and the presence of other environmental considerations such as wetlands<br /> <br /> ::::'''A. [[127.8 Hazardous and Solid Waste|Hazardous Materials or Waste]]:'''<br /> <br /> ::::When developing the scope of assignment, the assistant right of way manager - certified will review the [[127.1 Request for Environmental Services|Request for Environmental Services]] (RES) and data sheets to determine the appropriate level of data and analysis to be conducted by the appraiser.<br /> <br /> ::::For valuation of known contaminated properties, appraisers will typically be asked to value a property as if clean, from clean sales, as a special hypothetical condition. Clean up costs, if known, may be handled administratively or by the appraiser. Clean-up costs that may have been future or speculative to the owner may be immediately imposed by the project and therefore wholly or partially compensable, depending on the circumstance.<br /> <br /> ::::Because of the serious impact of contamination by hazardous materials or waste, it often affects major decisions by Planning, Right of Way and Design groups. In many cases this problem has been identified before the property acquisition phase of a project. If, prior to completion of the appraisal assignment, an environmental assessment and cleanup cost estimate have been done on a contaminated subject property the effect, if any, of cleanup cost on the value of the property must be considered in the appraisal.<br /> <br /> ::::There will be instances in which contamination has not been detected by the time an inspection for appraisal is made. In the absence of specific instructions, appraisers are not required to do, or to cause to have done, environmental assessments of subject properties, and it is expected that a disclaimer stating the appraisers' lack of expertise in this field will be included in the appraisal report. However, the appraiser is responsible for observing and reporting obvious indications of potential contamination.<br /> <br /> ::::If contamination is suspected, appraisers should photograph the suspect area include in the descriptive sections of their reports the circumstances or features that they feel indicate potential problems and clearly state that the possibility of contamination exists. They should include statements to the effect that &quot;the value conclusion assumes that the property is not contaminated and if it is later found to be, the value estimate could change.&quot;<br /> <br /> ::::It is not the intention of this instruction to give comprehensive procedures for inspecting properties for contamination, but to offer appraisers some guidance.<br /> <br /> ::::The current use or historic uses of a property can be strong indicators of possible contamination. Some examples of uses that should alert the appraiser include:<br /> <br /> ::::*Vehicle repair, maintenance or salvage;<br /> ::::*Electroplating and/or metal fabricating;<br /> ::::*Chemical manufacture, storage or sales;<br /> ::::*Petroleum related storage, transportation or sales; Trucking; Manufacture, storage and/or sales of agricultural chemicals.<br /> <br /> ::::Site and improvement characteristics to look for include:<br /> <br /> ::::*Tanks, pits, lagoons, ditches, pipes, piles, containers, etc.;<br /> ::::*Containment structures such as berms or dikes;<br /> ::::*Wastewater treatment facilities;<br /> ::::*Recent unexplained ground disturbance;<br /> ::::*Color variation in soils or barren soil;<br /> ::::*Water with surface staining or sheen;<br /> ::::*Dead or dying vegetation.<br /> <br /> ::::Potential asbestos containing materials include:<br /> ::::*Sprayed-on fireproofing;<br /> ::::*Pipe wrap; Friable tape;<br /> ::::*Acoustical plaster; Shingles;<br /> ::::*Floor tile.<br /> <br /> ::::Other possible indications of hazardous materials or waste:<br /> ::::*Odors,<br /> ::::*Peeling paint,<br /> ::::*Urea-formaldehyde foam insulation.<br /> <br /> ::::These features or characteristics do not necessarily indicate contamination but should alert appraisers to the possibility. Once alerted, appraisers should include questions about the historic use of the property in interviews with owners, operators, city officials, real estate practitioners and others as they proceed with normal data research, and include their findings in their appraisal reports.<br /> <br /> ::::'''B. [[127.4 Wetlands and Streams|Wetlands]]:'''<br /> <br /> ::::The U.S. Army Corps of Engineers and the Environmental Protection Agency define wetlands as follows: &quot;A wetland is a type of water of the United States subject to Section 404 of the Clean Water Act. Other such waters include lakes, ponds, streams (including intermittent streams), rivers, creeks, springs, territorial seas, other tidal waters, and other bodies of open water. The term wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support and that, under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Also, wetlands are generally distinguished from other waters of the United States in that they normally support vegetation.&quot; The U.S. Department of Interior, Fish and Wildlife Service defines wetlands as &quot;Land where water is the dominant factor determining the nature of soil development and the types of plant and animal communities living in the soil or on its surface.&quot;<br /> <br /> ::::At this time there is no comprehensive mapping or inventory of existing wetlands. The U.S. Soil Conservation Service can provide soil classification maps that note hydric soils (potential wetlands) and the Fish and Wildlife Service has National Wetland Inventory maps which also delineate potential wetlands but do not make a final determination. Three basic characteristics are considered in making a determination if an area is wetland:<br /> <br /> ::::*hydrology,<br /> ::::*vegetation,<br /> ::::*and soil.<br /> <br /> ::::If an area is in a floodplain or otherwise has low spots in which water stands at or above the soil surface for more than seven consecutive days during the growing season and/or has plant communities that commonly occur in areas having standing water for part of the growing season (gum swamps, cordgrass, marshes, cattail marshes, bulrush and tule marshes, and sphagnum bogs) and/or has soils that are called peats or mucks there is a high probability that it is wetland, a determination of which must be reached by a more detailed investigation of soils and plant life.<br /> <br /> ::::When MoDOT appraisers are dealing with wetland in an acquisition the wetland area will have been defined by the Design Division. The appraiser's challenge is to find comparable sales that are also wetland. Because of the detailed investigation by specialists required to determine the presence of wetland as defined, and because this investigation is normally only done when construction or development is planned, the appraiser will not normally know whether a sale has wetland. The appraiser can, however, determine if some of the wetland-indicating conditions as stated above are present. If some or all of these conditions are present in a rural or low-density developed area it is likely that valid comparisons can be made between the subject and the comparable sales based upon the utility of the land. If the subject and sales are in an area where the highest and best uses are for development then the determination of wetland classification may be critical to the valuation process. A sale, for example, which is marshy land but not classified as wetland, may be developable at typical cost by filling while a similar tract, which is classified as wetland may not be developable or may be only at significantly increased cost due to requirements of Section 404 of the Clean Water Act.<br /> <br /> :::'''7. Fence'''<br /> <br /> ::::'''Permanent Fence:''' Fence should be described in sufficient detail to allow an estimate of its contributory value and/or to allow development of a cost estimate for replacement. The fencing cost estimate may be supported by a contractor's estimate or fencing cost schedule. Appraisers are encouraged to seek contractor’s estimates, especially on larger and complex fence situations.<br /> <br /> ::::The appraisal should include compensation for replacement of all fencing, by like kind at actual new cost, along the proposed boundary line, which is necessary for the subject property to attain its highest and best use or contributes to that use.<br /> <br /> ::::Compensation for fence that may not contribute to the fulfillment of the highest and best use may be considered. Fence may have interim use value, depreciated in place value, salvage value (value of salvage exceeds cost of removal), no value (removal cost equals salvage value) or negative value (removal cost exceeds salvage value). The analysis should be clear as to which valuation premise is being used.<br /> <br /> ::::Fence that is acquired as a result of widening should be considered as an improvement acquired and may be valued at its contributory value or replacement cost depending on whether it must be replaced. A requirement for fence where there was none before, due to a realignment or other reason, should be considered consequential damage and valued by the cost to cure.<br /> <br /> ::::The appraisal shall include compensation for appropriate costs of fencing the boundary line in all areas where the ownership was previously fenced, even if plans indicate the contractor will fence the boundary line. Appraiser shall include all normal costs as if the contractor was not fencing. This provision applies to permanent fence and temporary fence; as well as borrows and haul roads if MoDOT will acquire the borrow area.<br /> <br /> ::::'''Temporary Fence:''' Temporary fencing of easements should be included as cost to cure. Estimated costs of temporary fencing should be consistent with its temporary nature.<br /> <br /> ::::Temporary fencing of easements not provided by the contractor should be included as cost to cure. Estimated costs of temporary fencing should be consistent with its temporary nature.<br /> <br /> ::::Temporary fencing of easements is required when livestock containment is an issue, even if the plans indicate the contractor will provide such fence. For reasons of highway safety and potential liability claims, compensation should provide temporary fence in like kind to the existing fence, up to and including woven wire. The value of board or decorative fence would be compensated for in like kind for the permanent fence, but would not be appropriate compensation measure for temporary fence.<br /> <br /> :::'''8. [[127.2 Historic Preservation and Cultural Resources|Historic and Archaeological Considerations]]'''<br /> <br /> :::Normally, properties with historic or archaeological significance will have been identified in the project design phase. If in the course of inspection or research the appraiser becomes aware of new facts indicating that a subject may be a historically or archaeologically significant site these facts should be reported to the district right of way manager for communication to other divisions with responsibility for dealing with them. Archaeological sites will likely be explored and artifacts removed before any effects by the project, and will normally not be considered in any appraisal of the property. Once a determination has been made to acquire a historic building for a project, it should be dealt with as a typical appraisal problem by taking into account all factors that affect value. Historic characteristics of a building may have positive, negative or no impact on value depending primarily upon market reaction to laws regulating the building's use and maintenance, and should be dealt with as part of the appraisal problem.<br /> &lt;div id=&quot;Manufactured Homes&quot;&gt;&lt;/div&gt;<br /> :::'''9. Manufactured Homes'''<br /> <br /> :::In general, manufactured/mobile homes shall be considered realty if owned by the fee holder and assessed as realty. They shall be considered personalty if the tenant owns the mobile home but not the land in which the mobile home is sitting on. For additional definition of mobile home, see [[236.8 Relocation Assistance Program#(cc) Mobile home|EPG 236.8.1.3.cc]], and [https://www.law.cornell.edu/cfr/text/49/24.2 49 CFR 24.2(a) 17].<br /> <br /> :::If personalty, the manufactured/mobile homes shall be noted in the appraisal report but not valued. Personalty will be covered under relocation (see [[236.8 Relocation Assistance Program|EPG 236.8]]).<br /> <br /> :::'''10. Moving Improvements as a Measure of Damage'''<br /> <br /> :::Use of the estimated cost to move a building improvement as a measure of proximity or other consequential damage must be supported by contractor estimates and analysis of market data to show feasibility. The value of the improvement if moved must be significantly greater than the after value in-place plus the cost to move. The use of this method is limited to those situations in which moving an improvement appears to be an action that a typical prospective buyer might consider. When this method of analysis is chosen both a sales comparison and cost approach should be done and the added value and extended economic life due to new components such as foundation, plumbing, wiring, etc. must be recognized in the after value conclusion.<br /> <br /> :::'''11. On-premise Signs'''<br /> <br /> :::If a partial acquisition requires removal of on premise signs, including logo or trademark signs, such signs are to be handled under [[236.8 Relocation Assistance Program|Relocation]].<br /> <br /> :::If a business operation will be totally acquired, all on premise signs are to be valued as real estate and offered back to the owner at salvage value. An exception would be made, however, for those situations in which the business operation is to relocate to another location and wants to utilize an existing sign. In such cases a sign may be handled under [[236.8 Relocation Assistance Program|Relocation]].<br /> <br /> &lt;div id=&quot;12. Personalty Items and Fixtures&quot;&gt;&lt;/div&gt;<br /> :::'''12. Personalty Items and Fixtures'''<br /> <br /> :::The appraisal report should identify the items considered in the appraisal to be real property, as well as those identified as personal property. See [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR 24.103(a)(1)] and [[#USPAP|USPAP Standard Rule 1-2 e iii]]. This requirement may be met by identifying fixtures included in the realty value. Identify fixtures or personalty that might be considered a fixture, which the owner desires to retain, and exclude those elements from the realty value. Examples include freestanding appliances, restaurant equipment, industrial machines, etc. To avoid duplication of payments in the relocation program, the appraiser may need to coordinate with the relocation specialist and legal counsel to ensure proper allocation of complex fixture and personalty items.<br /> <br /> :::LP tanks owned by the fee holder are to be considered realty and included in the value estimate, unless the owner desires to have the fixture moved under the relocation program. Leased or tenant owned LP tanks are to be considered personal property and not valued.<br /> <br /> :::Satellite dishes including all in-ground components are to be considered as personal property and not valued.<br /> <br /> :::'''13. Project Influence'''<br /> <br /> :::As contained in [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR Section 24.103(b)] (February 1, 2005), &quot;The appraiser shall disregard any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired or by the likelihood that the property would be acquired for the project, other than that due to physical deterioration within the reasonable control of the owner.&quot;<br /> <br /> &lt;div id=&quot;Special Benefits&quot;&gt;&lt;/div&gt;<br /> :::'''14. Special Benefits'''<br /> <br /> :::Special Benefits are those benefits accruing to the land adjacent to the public improvements, which do not accrue to the public at large.<br /> <br /> :::Special benefits reflected in an appraisal must be supported with concurrence from district counsel by letter retained in the appraisal work file.<br /> <br /> :::It is the policy of MoDOT that no single-family dwelling that has contributory value, whether occupied or unoccupied at the effective date of appraisal or date of acquisition, shall be compensated at less than its contributory value due to the assessment of special benefits, and that no occupied dwelling shall be compensated at less than its value for residential highest and best use.<br /> <br /> :::If there are special benefits to a remainder and an occupied or vacant dwelling which has value in the before situation is to be acquired, the [http://eprojects/Templates/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment] shall instruct the appraiser to do a cost approach in addition to any other applicable approaches so that a value estimate for the improvement is set out. If the estimate of just compensation of the appraisal is less than the value of the dwelling and residential outbuildings such as detached garages and/or storage sheds, and a typical supporting site the reviewer shall approve compensation in at least the amount of the estimated value of the dwelling, associated residential outbuildings and supporting site.<br /> <br /> :::If there are special benefits to a remainder and an occupied dwelling which has no contributory value in the before situation is to be acquired, the Scope of Assignment shall instruct the appraiser to provide a value estimate for the dwelling and residential outbuildings such as detached garages and/or storage sheds, and a typical supporting site as if the highest and best use was residential, in addition to the value estimate resulting from dealing with the appraisal problem in the normal manner. Approved compensation shall be at least the value of the dwelling, associated outbuildings and supporting site.<br /> <br /> :::If there are special benefits to a remainder and an unoccupied dwelling which has no contributory value in the before situation is to be acquired, the property shall be appraised for its highest and best use in both the before and after situation with no special consideration being given the improvements.<br /> <br /> :::'''15. Blank'''<br /> <br /> :::'''16. Units of Comparison'''<br /> <br /> :::In markets where analysis by front foot indicators is considered appropriate, value indications by area (square foot or acre) shall also be included in comparative data and analyses.<br /> <br /> &lt;div id=&quot;USPAP&quot;&gt;&lt;/div&gt; <br /> :::'''17. Uniform Standards of Professional Appraisal Practice'''<br /> <br /> ::::'''[[#Compliance Statement|USPAP Compliance Statement]]:''' This statement is to be used in [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard], [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR], and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20Finding%20Appraisal%20Form%20236.6.3.2.docx Value Finding] formats. See [[#236.6.3.3 Waiver Valuation|EPG 236.6.3.3]] for the USPAP Compliance Statement to be used with Waiver Valuations.<br /> <br /> ::::Uniform Standards of Professional Appraisal Practice (USPAP) provide the common basis for all appraisal practice and reflects the current standards of the appraisal profession. Supplemental standards applicable to assignments prepared for specific purposes may be issued by government agencies that establish public policy. This manual represents MoDOT’s supplemental standards.<br /> <br /> ::::USPAP addresses the ethical and performance obligations of appraisers through definitions, rules and standards. The definitions establish the application of certain terminology. The Ethics Rule sets forth the requirements for integrity, impartiality, objectivity, independent judgment and ethical conduct. The Competency Rule presents pre-assignment and assignment conditions for knowledge and experience. The Jurisdictional Exception Rule preserves the balance of USPAP if a portion is contrary to law or public policy of a jurisdiction. The Supplemental Standards rule provides the means for government agencies that establish public policy to augment USPAP. The Standards establish the requirements for appraisal, appraisal review and the manner in which each is communicated. In performing assignments for the MoDOT and Missouri Highways and Transportation Commission, appraisers are bound by these USPAP standards and rules.<br /> <br /> ::::USPAP Standards Rule 1-4 when applicable In developing a real property appraisal, an appraiser must collect, verify, and analyze all information necessary for credible assignment results MoDOT has determined, through the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment], the formats and approaches to value which are applicable, that is, the approaches which are necessary to produce a credible appraisal for valuing property or property rights to be acquired for the Missouri Highways and Transportation Commission purposes or for disposal of this property or property rights.<br /> <br /> ::::As an agency of the government of the State of Missouri with the power to make administrative rules with the force of law, MoDOT’s policy in this matter falls under the Jurisdictional Exception and explanation by the appraiser that the approaches to value are those required by the Scope of Assignment is adequate explanation and support for the exclusion of any of the usual valuation approaches.<br /> <br /> ::::It is not the purpose of MoDOT to circumvent USPAP in utilizing abbreviated report formats or requiring less than three approaches to value. Rather, the purpose of this procedure is to keep the authority for making the decision on which approaches to value shall be done on an administrative level. The appraiser has the responsibility to request a change in the Scope of Assignment if field inspection reveals that the appraisal problem is substantially different than described in the Scope of Assignment and the approaches called for do not adequately deal with the problem.<br /> <br /> ::::Through the Scope of Assignment process, the agency and the appraiser have determined that the appraisal process to be performed will provide a credible report. The review process finally assures that a credible report has been accomplished for the intended use.<br /> <br /> ::::Not all specific requirements of USPAP are applicable to every assignment. Typical practice for a given assignment is measured by the expectations of parties who are regularly intended users for similar assignments, participants in the market of appraisal services, and what an appraiser’s peers’ actions would be in performing the same or a similar assignment.<br /> <br /> ::::'''Jurisdictional Exception:''' Section A of the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA) notes that the Standards conform to Uniform Standards of Professional Appraisal Practice (USPAP), but that, in certain instances, it has been necessary to invoke USPAP’s Jurisdictional Exception Rule to conform the UASFLA to federal law relating to the valuation of real estate for government acquisition purposes. The following identifies the areas of the UASFLA that deviate from USPAP under the Jurisdictional Exception Rule.<br /> <br /> ::::USPAP’s Jurisdictional Exception Rule provides that &quot;if any part of USPAP standards is contrary to the law or public policy of any jurisdiction, only that part shall be void and of no force or effect in that jurisdiction&quot;. By way of explanation, the comment section of USPAP’s Jurisdictional Exception Rule further provides: &quot;By logical extension, there can be no violation of USPAP by an appraiser disregarding, with proper disclosure, only the part or parts of USPAP that are void and of no force and effect in a particular assignment by operation of legal authority&quot;. The comment also states, however, that &quot;it is misleading for an appraiser to disregard a part or parts of USPAP as void and of no force and effect in a particular assignment without identifying in the appraiser’s report the part or parts disregarded and the legal authority justifying this action&quot;.<br /> <br /> ::::The conflicts between the UASFLA and USPAP that require invocation of USPAP’s Jurisdictional Exception Rule are minimal. Invocation of the Jurisdictional Rule should never be invoked lightly, or without reference to the overriding federal policy, rule, or regulation, which requires it. USPAP is not a particularly restrictive document, but it and the UASFLA require full and prominent disclosure to avoid misleading intended users (or even casual readers) of the appraisal report.<br /> <br /> ::::While the UASFLA standards are not themselves law, they are based on federal case law, legislation, and administrative rules. Also, the UASFLA standards have been specifically incorporated by reference into a number of statutes and regulations, in particular the regulations that implement the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. It is clear that the deviations between the UASFLA and USPAP noted below fall under USPAP’s Jurisdictional Exception Rule; the legal authority justifying these exceptions consists of the UASFLA and the federal case law, legislation, and federal regulations upon which the UASFLA are based.<br /> <br /> ::::*'''Linking Estimate of Value to Specific Exposure Time'''<br /> :::::Section A-9 of the UASFLA provides that the appraiser shall not '''link''' an estimate of market value for federal land acquisition purposes to a specific exposure time. This is contrary to USPAP Standards Rule 1-2 and Standards Rule 2-2, and is considered a jurisdictional exception. The legal basis and reasoning for this jurisdictional exception may be found in Section B-2 of the UASFLA.<br /> <br /> ::::*'''Consideration of Land Use Regulations and Anticipated Public Projects'''<br /> :::::Section A-12 of the UASFLA provides that the appraiser disregard any changes in a property’s neighborhood brought about by the government’s project. Section A-13h of the UASFLA further instructs appraisers that they must disregard recent rezoning (or the probability of rezoning) of the property under appraisal if such action was the result of the government’s project. Section B-10 of the UASFLA, “Enhancement or Diminution in Value Due to the Project,” explains the legal basis for these instructions. These instructions are contrary to USPAP Standards Rule 1-3(a), which requires appraisers to identify and analyze the effect on use and value of existing land use regulations and probable modifications thereof, and to Standards Rule 1-4(f), which requires appraisers to analyze the effect on value of anticipated public improvements located on or off site. Therefore, the instructions to appraisers in the UASFLA in this regard are considered jurisdictional exceptions.<br /> <br /> ::::*'''Review Functions'''<br /> :::::Section C-5 of the UASFLA notes that 49 C.F.R. 24.104 requires the reviewer to determine whether the appraisal under review constitutes an adequate basis for the establishment of an offer of just compensation. To do that, it may be necessary for the reviewer to consider information that was not available to the appraiser at the time the appraisal report was prepared. Standards Rule 3-1(c) of USPAP prohibits the reviewer from using information not available to the appraiser in development of an opinion as to the quality of the appraisal report under review. Review appraisers are cautioned that some may construe their consideration of such information in conducting their review and developing recommendations to management as contrary to Standards Rule 3-1(c). Therefore, review appraisers may wish to invoke USPAP’s Jurisdictional Exception Rule in this regard, depending upon the specific circumstances of the review.<br /> <br /> :::::As noted in Section C-1 of the UASFLA, administrative reviews are not subject to USPAP and do not meet the requirements of 49 C.F.R. 24.104. In addition, Draft Appraisal Reports are not subject to USPAP, even though they may be reviewed for general conformance therewith, as well as conformance with the UASFLA. However, a technical review report covering a draft appraisal report does fall under the purview of USPAP and the UASFLA. However, the review appraiser typically does not approve, recommend for approval, disapprove, accept, or reject a draft appraisal report. Draft appraisal reports, for purposes of the UASFLA, are written appraisal reports, or parts thereof, which are not signed by the appraiser and do not include a signed appraiser’s certificate, or a signed letter of transmittal.<br /> <br /> ::::*'''Conduct of Preliminary Value Estimates and Appraisals for Federal Land Exchanges''' <br /> :::::As noted in Section D-7 of the UASFLA, a preliminary value estimate prepared under 43 C.F.R. 2201.1(b) is not considered an appraisal even though it may be prepared by a qualified appraiser. Therefore, the preparations of such preliminary value estimates are a jurisdictional exception to USPAP.<br /> <br /> ::::*'''Specific Legislation and Regulations'''<br /> :::::Each land acquisition agency has its own policies, rules, and regulations relating to its land acquisition activities. While all of these rules and regulations work from a base of 49 C.F.R. Pt. 24, as do the UASFLA, specific agency program activities sometimes make it necessary to adopt rules and regulations which are, or may be construed to be, contrary to USPAP.<br /> <br /> ===236.6.3.2 Value Finding Appraisal Format===<br /> <br /> The instructions for the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format] (Form 236.6.3.1) are the source for general appraisal guidance on all the formats. The following instructions are specific to the Value Finding Appraisal Format.<br /> <br /> Use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20Finding%20Appraisal%20Form%20236.6.3.2.docx Value Finding Appraisal Format] (Form 236.6.3.2) is allowed when:<br /> <br /> *the acquisition is simple<br /> *fair market value can adequately be estimated by the sales comparison approach with only minor adjustments<br /> *damage to the remainder can be measured by the cost to cure or is consequential damage not exceeding $25,000 per element of damage, unless authorized by a policy waiver from Right of Way Section. Damages due to simple strip permanent or temporary easements and cost to cure items when valued by a reliable cost manual or contractors’ estimate are not subject to the $25,000 damage limit in the value finding format.<br /> *the highest and best use is the present use and is not materially affected by the acquisition. Change in highest and best use resulting from a nominal uneconomic remnant is allowed in this format.<br /> <br /> Use of the Value Finding Appraisal Format, Form 236.6.3.2 is '''not''' allowed:<br /> <br /> *when there is consequential damage exceeding $25,000 to a structural improvement, unless authorized by a policy waiver from Right of Way Section (see [[#Damages|EPG 236.3.1.D Damages]]).<br /> *when residences are to be acquired, unless authorized by a policy waiver from Right of Way Section.<br /> <br /> Any waiver from the above restrictions of the Value Finding Format must be obtained in writing from Right of Way Section.<br /> <br /> ====A. Instructions For Preparing Value Finding Appraisal Format====<br /> <br /> The appraiser shall adhere to the following format, and shall include paragraph headings and numbers as shown. The appraisal shall be typewritten on 8 1/2&quot; x 11&quot; paper with the pages numbered sequentially.<br /> <br /> These format instructions set out appraisal requirements of the Missouri Department of Transportation (MoDOT) and the Federal Highway Administration (FHWA). It is inevitable that appraisers will occasionally encounter situations that are not specifically addressed herein. In all cases the appraiser is responsible for a credible, adequately documented appraisal. Reasonableness and typical professional appraisal practices are the standard.<br /> <br /> There are a number of ownership items and appraisal problems frequently encountered in appraising for property acquisition, on which policies have been established by case law, management decision and precedent. These policies apply to all appraisal formats and are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1.D, Other Appraisal Considerations]].<br /> <br /> See [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|EPG 236.6.3.1]] for the standard identification block<br /> <br /> :'''1. Owner and Tenant Owner'''<br /> <br /> :See [[#Owner and Tenant Owner|Owner and Tenant Owner]] for instructions.<br /> <br /> :'''2. Purpose of Appraisal'''<br /> <br /> :See [[#Purpose of Appraisal|Purpose of Appraisal]] for instructions and all standard language for this paragraph.<br /> <br /> :'''3. Interest Appraised'''<br /> <br /> :See [[#Interest Appraised|Interest Appraised]] for instructions.<br /> <br /> :'''4. Scope of Work'''<br /> <br /> :See [[#Scope of Work|Scope of Work]] for instructions.<br /> <br /> :The Scope of Work for a Value Finding Appraisal Format is the same as that of a Standard Appraisal Format. However, due to the simplicity of the impact on the appraised property as determined in the Scope of Assignment, the required reporting level is reduced in the Value Finding report.<br /> <br /> :'''5. Identification of the Property'''<br /> <br /> :See [[#Identification of the Property|Identification of the Property]] for instructions.<br /> <br /> :'''6. History of the Property'''<br /> <br /> :See [[#History of the Property|History of the Property]] for instructions.<br /> <br /> :'''7. Description of Realty Before Acquisition'''<br /> <br /> :See [[#Description of Property Before Acquisition|Description of Property Before Acquisition]] for instructions.<br /> <br /> ::'''A. Zoning:'''<br /> <br /> ::*Code <br /> ::*Category<br /> ::*Compliance<br /> <br /> ::'''B. Land:'''<br /> <br /> ::For the Value Finding format, the land description should concentrate on areas in the acquisition and areas affected by the acquisition. Unaffected areas may require little or no description.<br /> <br /> ::*Access Before Acquisition:<br /> ::*Utilities In Use Before Acquisition:<br /> ::*Utilities Available Before Acquisition:<br /> <br /> ::'''C. Fee Owned Improvements, Fixtures and Personalty:'''<br /> <br /> ::See [[#Description of Property Before Acquisition|EPG 236.6.3.1.7C]] for instructions for Fee Owned Improvements, Fixtures and Personalty. If unaffected by the acquisition, improvements shall be inspected to the extent that they can be adequately described. The appraiser may estimate the contributory value of unaffected improvements without support.<br /> <br /> ::This format shall not be used when there is consequential damage exceeding $25,000 to a structural improvement. If there will be consequential damage to a structural improvement, include a detailed description of the affected improvement in this paragraph and explain damage applied in Paragraph 9.<br /> <br /> ::*Fixtures and Personalty ([[#12. Personalty Items and Fixtures|EPG 236.6.3.1.19.D.12]] and [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR Subpart B 24.103 (a)]<br /> <br /> ::'''D. Tenant Owned Improvements, Fixtures and Personalty:'''<br /> <br /> ::See [[#Description of Property Before Acquisition|EPG 236.6.3.1.7D]] for instructions for Tenant Owned Improvements, Fixtures and Personalty. See also [[#12. Personalty Items and Fixtures|EPG 236.6.3.1.19.D.12]] and [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR Subpart B 24.103 (a)].<br /> <br /> ::'''E. Other Appraisal Considerations:'''<br /> <br /> ::Methods and directions for addressing other property elements are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> :'''8. Highest and Best Use'''<br /> <br /> :For a Value Finding appraisal, a statement of the highest and best use conclusion is sufficient. A concluded highest and best use in conflict with existing zoning must be explained. The Value Finding Appraisal Format requires that the highest and best use of an improved property be the current use and that the highest and best use is not affected by the acquisition.<br /> <br /> :For additional information on highest and best use, see [[#8. Highest and Best Use Analysis Before Acquisition|Highest and Best Use Analysis Before Acquisition]].<br /> <br /> :'''9. Description of the Acquisition and Effects on the Remainder'''<br /> <br /> :For a Value Finding appraisal, include the area of new acquisition and/or easements, and briefly describe their location, configuration and relation to improvements or other important characteristics of the property. See [[#Description of Property Before Acquisition|Description of Property Before Acquisition]] and [[#Description of Property After Acquisition|Description of Property After Acquisition]] for instructions on Utilities and Access.<br /> <br /> :*Access After Acquisition:<br /> :*Impact on Utilities:<br /> :*Utilities In Use After Acquisition:<br /> :*Utilities Available After Acquisition:<br /> <br /> :'''Other Appraisal Considerations:'''<br /> <br /> :Methods and directions for addressing other property elements are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> :'''10. Analysis and Supporting Data for Compensable Losses'''<br /> <br /> ::'''A. Analysis of Overall Land Value:'''<br /> <br /> ::In a Value Finding appraisal, a minimum of one unimproved sale comparable to the subject as if the subject was unimproved, shall be considered when arriving at an overall unit value, unless a different requirement of sale date is specified in the Scope of Assignment. See [[236.6 Appraisal and Appraisal Review#236.6.3.5 Instructions for Preparing Sale Forms|EPG 236.6.3.5]] for requirements of comparable sale and [[#Sales Comparison|EPG 236.6.3.1.9.A]] for the application of comparable sales in the valuation. All significant differences between the sale and subject must be identified and the effect on market value analyzed and explained.<br /> <br /> ::In a Value Finding appraisal, total difference of up to 30% may be adjusted in a lump sum, with explanation. When a sale sufficiently comparable to meet this requirement is not available the appraiser may use the most comparable sale(s) available and show individual adjustments together with market data or in-depth explanation of the appraiser's rationale to support the adjustments and value conclusion. A brief explanation should be given if in the appraiser's judgment no adjustment to the sale(s) is necessary.<br /> <br /> ::Conclusion-Overall Unit Value of Land: $ ________________<br /> <br /> ::'''B. Analysis of Value of Land Acquired (if different from overall value):'''<br /> <br /> ::In a Value Finding appraisal, if the unit value of the area acquired is different from the overall unit value of the entirety it must be supported by a sale comparable to the acquisition and explanation must be given why the estimated unit value of the acquisition area is different. The same procedure for adjustments as outlined above applies to the sale(s) used to analyze the unit value of the acquisition.<br /> <br /> ::Conclusion-Unit Value of Land Acquired: $ _____________<br /> <br /> ::'''C. Analysis of Value of Improvements, Fixtures and Personalty in the Acquisition:'''<br /> <br /> ::In a Value Finding appraisal, the appraiser may estimate the contributory value of any acquired improvement having a value of $25,000 or less. Improvements with a value over $25,000 may be valued by The Cost Less Depreciation approach with cost sources, calculations and depreciation rates shown, or by a method set out in the Scope of Assignment, or [[#Cost Approach|EPG 236.6.3.1.9B]].<br /> <br /> ::Depreciation may be estimated by observed condition or age life methods. Market data supporting improvement value and/or depreciation estimates may be included.<br /> <br /> ::Value of each improvement, its ownership and the total value of improvements acquired shall be shown. Also see [[#Other Appraisal Considerations|EPG 236.6.3.1D]].<br /> <br /> ::Conclusion-Estimated Value of Improvements Fixtures and Personalty Acquired:__________<br /> <br /> ::'''D. Analysis of Damage to the Remainder:'''<br /> <br /> ::In the Value Finding format, rationale for conclusion of damage to remainder due to easements or other damage shall be explained. Description of temporary and permanent easements should include the use and anticipated duration of that use.<br /> <br /> ::Losses to remainder value may result from limitation of direct access, proximity of the proposed boundary line to improvements, severance, reduction in size of remainder, configuration of remainder, change in grade, and other effects of acquisition. Losses of this nature may be estimated by the appraiser without the benefit of sales data or other supporting evidence provided an estimate for any one given loss does not exceed $25,000, but in all cases rationale must be reasonable and fully explained. Consequential damage due to more than one of the above factors may suggest that the standard appraisal format should be used.<br /> <br /> ::Cost to cure items may include wells and water systems, septic or sewer systems, waterways, terraces, fencing for proposed boundary lines along relocated highways, etc. Costs for such items shall be based on contractor estimates or other appropriate cost sources. Value of each cost to cure item and the total shall be shown. The costs of cost to cure elements, documented in the same manner that would be applied in a Standard Format, are not included in this limitation of damages in this Value Finding format.<br /> <br /> ::The estimated cost to move a building improvement shall not be used as a measure of consequential damage in the Value Finding format, unless authorized in the Scope of Assignment. See [[#Reconciliation of Value Before Acquisition|EPG 236.6.3.1.D10]].<br /> <br /> ::Conclusion-Estimated Damage to Remainder: $___________<br /> <br /> ::'''Other Appraisal Considerations:'''<br /> <br /> ::Methods and directions for addressing other property elements are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1D]].<br /> <br /> :'''11. Estimate of Total Just Compensation'''<br /> <br /> :The Before Value Estimate shall include the value of land and all improvements including outdoor advertising structures. Contributory values of unaffected improvements may be estimated.<br /> <br /> ::Total Before Value Estimate: $ ________________<br /> <br /> ::After Value Estimate: $ ________________<br /> <br /> ::Indicated Just Compensation Due to Acquisition:$ ________________<br /> <br /> :'''12. Allocation of Just Compensation'''<br /> <br /> :The appraiser shall offer an opinion of reasonable allocation of the estimate of just compensation between realty acquired and damages, if any, to the remainder. This policy shall apply to the interests of both fee holders and tenants who own improvements.<br /> <br /> ::'''A. Allocation of Fee Holder’s Interest:'''<br /> <br /> :::1. Land Acquired: $ ________________<br /> <br /> :::2. Improvements, Fixtures and Personalty: $ ________________<br /> <br /> :::Improvements or structures within the new acquisition and/or easement areas shall be identified, with a separate value shown for each. Fence acquired in a strip acquisition shall be included as an improvement acquired.<br /> <br /> :::3. Total Land and Improvements Fixtures and Personalty: $ __________<br /> <br /> :::4. Damages to the Remainder: $ __________<br /> <br /> :::Damages to the remainder including permanent and temporary easements shall be identified and individually valued and their values combined to a total. Losses caused by temporary borrow pits must be set apart from other damages. Fencing required as a cost to cure due to road realignment, temporary fencing, etc., shall be included as a damage to the remainder.<br /> <br /> :::5. Total Just Compensation Due Fee Holder: $ __________<br /> <br /> ::'''B. Allocation of the Tenant Owner’s Interest:'''<br /> <br /> :::1. Tenant Owned Improvements Fixtures and Personalty:<br /> <br /> ::::Item __________________ $ ________________<br /> ::::Item __________________ $ ________________<br /> <br /> :::Identify each tenant owned improvement within the new acquisition and/or easement area and estimate its value. Use the greater of its contributory value or value for removal (salvage value).<br /> <br /> :::2. Damage to Tenant Owned Improvements Fixtures and Personalty:<br /> <br /> ::::Item __________________ $ ________________<br /> ::::Item __________________ $ ________________<br /> <br /> :::Identify and show a value loss, if any, for each tenant owned improvement lying outside the acquired area.<br /> <br /> :::3. Leasehold Interest: $ __________<br /> <br /> :::Calculate value of leasehold Interest, if any, should the lease be extinguished or rendered valueless by the acquisition.<br /> <br /> :::4. Total Just Compensation Due Tenant-Owner: $ __________<br /> <br /> :'''13. Uneconomic Remnant'''<br /> <br /> :See [[#Uneconomic Remnant|EPG 236.6.3.1.17]] for instructions on Uneconomic Remnant.<br /> <br /> :Area __________________ @ $ ____________ = $ ________________<br /> <br /> :'''14. Salvage Value''' <br /> <br /> :See [[#Salvage Value|EPG 236.6.3.1.18]] for instructions on Salvage Value.<br /> <br /> :Improvement Salvage Value $_________________<br /> <br /> :Improvement Salvage Value $_________________<br /> <br /> :Total Salvage Value $ _________________<br /> <br /> :'''15. Required Attachments'''<br /> <br /> :See [[#Required Attachments|EPG 236.6.3.1.19]] for Required Attachments.<br /> <br /> ===236.6.3.3 Waiver Valuation===<br /> <br /> The purpose of the appraisal waiver provision is to provide a technique to avoid the costs and time delay associated with appraisal requirements for low-value, non-complex acquisitions. The intent is that non-appraisers and appraisers in training may make waiver valuations. The district right of way manager or assistant right of way manager certified makes a determination to use the waiver valuation.<br /> <br /> Waiver valuations are not appraisals as defined by the Uniform Act and 49 CFR; ([https://www.law.cornell.edu/cfr/text/49/24.102 49 CFR 24.102 (c)]) therefore, appraisal performance requirements or standards, regardless of their source, are not required for waiver valuations. Since waiver valuations are not appraisals, neither is there a requirement for an appraisal review. The definition of &quot;appraisal&quot; in the Uniform Act and appraisal waiver provisions of the Uniform Act and 49 CFR are Federal law and public policy and should be considered as such when determining the impact of appraisal requirements levied by others, including USPAP.<br /> <br /> Use of the Waiver Valuation is allowed when the acquisition is simple and $25,000 or less. Fence re-establishment costs, whether improvement acquired or allocated to damages, may be excluded from this limit. No other cost to cure elements may be excluded from the limit.<br /> <br /> Limitations to the intended use of the Waiver Valuation include:<br /> <br /> *land value is easily determined,<br /> *only nominal structural improvements are acquired,<br /> *only nominal access rights are acquired<br /> *other than fence, costs to cure cannot make the total compensation exceed $25,000<br /> *there are no apparent damages to the remainder – other than simple easements, access rights of nominal impact and creation of nominal uneconomic remnants<br /> <br /> An agency official must establish just compensation to offer the property owner that is accomplished by the valuer’s signature and co-signature of the district right of way manager or assistant right of way manager certified, or their designee.<br /> <br /> The same person may perform both the value estimate and negotiation functions. Although the right of way representative must contact the owner, an invitation to accompany the representative during the property inspection is not required.<br /> <br /> This section provides guidance and format for a Payment Estimate waiver valuation. Other waiver valuation formats may be developed by districts to accommodate management style and project type. Development of alternative waiver valuation formats other than the Payment Estimate requires the approval of the Right of Way Section.<br /> <br /> '''A. Payment Estimate Instructions:'''<br /> <br /> :Use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Waiver%20Valuation%20Form%206.3.3.docx Payment Estimate] (Form 236.6.3.3) is allowed when the acquisition is simple and the value of the acquisition is $25,000 or less. Fence re-establishment costs, may be excluded from this limit. No other cost to cure elements may be excluded from the $25,000 limit. The same person may perform both the value estimation and negotiation functions if the value estimate is less than $25,000.<br /> <br /> :The following sample format will be adequate for most applications but may be expanded to include space for uneconomic remnants, etc. when required.<br /> <br /> :'''Payment Estimate - Waiver Valuation'''<br /> <br /> :See [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|EPG 236.6.3.1]] for the standard identification block.<br /> <br /> :'''1. Owner and Tenant Owner:'''<br /> <br /> :Identify owner and tenant owner by address, phone number, etc.<br /> <br /> :For a Waiver Valuation, the property owner and tenant owner must be contacted and the contact documented in the valuer’s work file. Personal contact is preferred, however, when time or other limitations make this impractical, contact by telephone or mail is permitted. The valuer should inform the property owner and tenant owner as to the nature of the acquisition and that a written offer showing the amount of damages will be delivered by MoDOT right of way personnel or by mail.<br /> <br /> :In the Waiver Valuation, an invitation to accompany the right of way representative during the property inspection is not required. A copy of the brochure Pathways for Progress should be provided the property owner by the person making the initial contact. If the contact is by telephone, the brochure should be mailed.<br /> <br /> :'''2. Identification of the Property'''<br /> <br /> :See [[#Identification of the Property|Identification of the Property]] for instructions.<br /> <br /> :'''3. Description of Acquisition'''<br /> <br /> :Briefly describe the acquisition. In the waiver valuation, affects on the remainder are limited to easements and nominal damage elements.<br /> <br /> :'''4. Basis for Value:'''<br /> <br /> :Valuer shall cite one or more vacant land sales. Explanation of values of easements, nominal improvement, costs to cure, etc. should be addressed here.<br /> <br /> :'''5. Summary'''<br /> <br /> :Value of Land Acquired: $ _______________<br /> <br /> :Value of improvements, fixtures or personalty to be acquired:<br /> ::Fee owner (Salvage Value $_________) $ _______________<br /> <br /> ::Tenant owner (Salvage Value $______) $ _______________<br /> <br /> :Damages to the Remainder:<br /> <br /> ::Permanent Easement:<br /> ::_____________(area) @ $ _______ = $ _______________<br /> ::Temporary Easement:<br /> ::_____________(area) @ $ _______ = $ _______________<br /> <br /> :Other Damages: ___________________ $ _______________<br /> <br /> :Sub-total: ($25,000) limit $________________<br /> <br /> :Fencing: _________l.f. @ $_________/(l.f.) $ _______________<br /> :Fencing: _________l.f. @ $_________/(l.f.) $ _______________<br /> :Fencing: _________l.f. @ $_________/(l.f.) $ _______________<br /> :Total Fencing: $ _______________<br /> <br /> :Total Just Compensation $ _______________<br /> <br /> :Uneconomic Remnant $ _______________ <br /> <br /> :The assignment of value of a nominal uneconomic remnant created by an acquisition that fits the criteria and limitations of a Waiver Valuation may be assigned in this format.<br /> <br /> :'''6. USPAP Compliance Statement:'''<br /> <br /> :The valuer shall include in the waiver valuation report the following statement:<br /> <br /> :'''[[#USPAP|USPAP Compliance Statement]]:''' This waiver valuation was prepared according to the agreement/assignment from the Missouri Department of Transportation (MoDOT). The intended use of the waiver valuation is for eminent domain related acquisition and MoDOT is the only intended user (except as indicated above). MoDOT bears responsibility for agreement/assignment requirements that meet its needs and therefore are not misleading. In combination with the Scope of Assignment and administrative approval function, all waiver valuation reports assigned by MoDOT identify the problem to be solved, determine the scope of work necessary to solve the problem and correctly complete research and analysis necessary to produce a credible waiver valuation, and are therefore in compliance with USPAP Standard 1. In that the agency is the only intended user of the report and others may only be provided copies for informational purposes, the agency has determined that reports prepared in conformance with these procedures fulfill MoDOT’s needs. Any inconsistencies with USPAP are covered by the USPAP Jurisdictional Exception provision.<br /> <br /> :Prepared by: <br /> <br /> :Approved for Just Compensation by: <br /> <br /> :The preparer and the district right of way manager or their designee are required to sign the report constituting approval of just compensation by an agency official.<br /> <br /> :'''Required Attachments:'''<br /> :*Site Plan<br /> :*Photograph of Acquisition Area<br /> :*Comparable Sale or Other Value Support<br /> <br /> :'''Optional Attachments:'''<br /> :*Cover letters<br /> :*Tables of Contents<br /> :*Qualifications<br /> :*Engagement Letter or Notice to Proceed<br /> <br /> '''B. Use of Nominal Equal Payments to Assign Just Compensation with the Waiver Valuation'''<br /> <br /> Districts may establish categories of extremely simple and nominal acquisitions, like temporary driveway connection easements, and assign nominal equal compensation for those categories. The compensation must be greater than the conclusion of a valuation assignment or other calculation of the compensation, if one were done. These nominal equal payments may be included in Waiver Valuations for parcels with additional types of acquisitions or may be established as the Just Compensation if it is the only acquisition on given parcels. <br /> <br /> '''C. Use of Agent’s Value Estimate (AVE)'''<br /> <br /> Use of the AVE will be based on current sales data, parcel size, and other applicable appraisal criteria, to ensure that property owners are offered a fair market value for the acquisition of less than $25,000. <br /> <br /> The AVE will be prepared either in a MoDOT memorandum format or a cost estimate spreadsheet format. Data included in the AVE will include: date, parcel number, county route and project number. The sales data use is arriving at a value will be listed. It will be referred that three sales be shown as comparables, but listing one comparable sale is acceptable in limited markets. Fencing values and other minor items of acquisition will be estimated by using contractor’s cost estimates and/or Marshall and Swift cost data. The Assistant Right of Way Manager – Certified, or their designee will make a brief statement concerning the acquisition and the rationale for using the comparable sales. <br /> <br /> A valuation summary will list the amount of land being acquired and the estimated value per acre. Any areas for temporary or permanent easements will be listed with the appropriate value and percentage of damages. Fencing, minor improvements acquired and other applicable items of compensation will be shown in the summary as a line item addition to the total compensation. All items of compensation will then be added t produce the total compensation to be offered for each parcel.<br /> &lt;div id=&quot;D. Nominal Acquisition Payment (NAP)&quot;&gt;&lt;/div&gt;<br /> '''D. Nominal Acquisition Payment (NAP)'''<br /> <br /> Use of the NAP will be based on current sales data, parcel size, and other applicable appraisal criteria, to ensure that property owners are offered a fair market value for the acquisition of less than $25,000. The use of the NAP shall be subject to the approval of the Asst. to the State Design Engineer-ROW. <br /> <br /> The NAP is a table format indicating owner, size of subject, property and easements to be acquired, unit price of comparable sale, easement percentage, calculation of minor improvements, explanation of damages and calculated payment.<br /> <br /> ===236.6.3.4 Uniform Residential Appraisal Report (URAR) and Addendum===<br /> <br /> The instructions for the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format] (Form 236.6.3.1) are the source for general appraisal guidance on all the formats. The following instructions are specific to the URAR Appraisal Format.<br /> <br /> Use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR] (Form 236.6.3.4) must be authorized by the approved Scope of Assignment and will be primarily intended for valuations for the acquisition of single-family residentially improved tracts that are total acquisitions or where the only remainder is a nominal uneconomic remnant. Applicability is restricted to situations in which the residential improvements clearly represent highest and best use.<br /> <br /> The appraiser shall adhere to the following instructions. The appraisal may be on a preprinted or computer-generated URAR form of a version currently used in appraisal practice. Harrison's Illustrated Guide to the Uniform Residential Appraisal Report may be used as an instruction for proper completion of the URAR, for items not specified in these instructions.<br /> <br /> There are a number of ownership items and appraisal problems frequently encountered in valuing acquisitions for transportation purposes, on which policies have been established by case law, management decision and precedent. These policies apply to all appraisal formats and are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1D Other Appraisal Considerations]].<br /> <br /> ====236.6.3.4.1 Uniform Residential Appraisal Report and Addendum====<br /> <br /> See [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|EPG 236.6.3.1]] for the standard identification block.<br /> <br /> :'''1. Owner and Tenant Owner'''<br /> <br /> :Identify owner and tenant owner by address, phone number, etc.<br /> <br /> :'''2. Purpose of Appraisal'''<br /> <br /> :See [[#Purpose of Appraisal|Purpose of Appraisal]] for instructions.<br /> <br /> :'''3. Interest Appraised'''<br /> <br /> :See [[#Interest Appraised|Interest Appraised]] for instructions.<br /> <br /> :'''4. Scope of Work'''<br /> <br /> :See [[#Scope of Work|Scope of Work]] for instructions.<br /> <br /> :The Scope of Work for a URAR Appraisal Format is the same as that of a Standard Appraisal Format. However, due to the standardization and familiarity of the appraiser and the owner with appraisal of single-family homes, the required reporting level is reduced in the URAR report.<br /> <br /> :'''5. Identification of the Property'''<br /> <br /> :See [[#Identification of the Property|Identification of the Property]] for instructions.<br /> <br /> :'''6. History of the Property'''<br /> <br /> :See [[#History of the Property|History of the Property]] for instructions.<br /> <br /> :'''7. Description of Property Before Acquisition'''<br /> <br /> :See [[#Description of Property Before Acquisition|description of property before acquisition]] for instructions. For the URAR, only those elements that are not identified on the URAR valuation form need to be addressed here.<br /> <br /> ::'''A. Zoning:'''<br /> <br /> ::*Code<br /> ::*Category <br /> ::*Compliance<br /> ::*None<br /> <br /> ::'''B. Land:'''<br /> <br /> ::See [[#Description of Property Before Acquisition|land description]] for instructions.<br /> <br /> ::*Access Before Acquisition:<br /> ::*Utilities In Use Before Acquisition:<br /> ::*Utilities Available Before Acquisition:<br /> <br /> ::'''C. Fee Owned Improvements, Fixtures and Personalty:''' <br /> <br /> ::See [[#Description of Property Before Acquisition|EPG 236.6.3.1.7C]] and [[#Description of Property Before Acquisition|EPG 236.6.3.1.7D]] and [[#12. Personalty Items and Fixtures|EPG 236.6.3.1.19.D.12]] for instructions on Fee Owned Improvements, Fixtures and Personalty.<br /> <br /> ::'''D. Tenant Owned Improvements, Fixtures and Personalty'''<br /> <br /> ::See [[#Description of Property Before Acquisition|EPG 236.6.3.1.7C]] and [[#Description of Property Before Acquisition|EPG 236.6.3.1.7D]] and [[#12. Personalty Items and Fixtures|EPG 236.6.3.1.19.D.12]] for instructions on Tenant Owned Improvements, Fixtures and Personalty.<br /> <br /> ::A sign, billboard or other property owned by others, which the Fee Holder does not have a right or obligation to remove, must be identified and valued separately. See [[#Billboard|EPG 236.6.3.1.D2]].<br /> <br /> ::'''E. Other Appraisal Considerations:'''<br /> <br /> ::See [[#Other Appraisal Considerations|EPG 236.6.3.1.7D]] and [[#Description of Property After Acquisition|EPG 236.6.3.1.11A]] for additional information concerning Other Appraisal Considerations.<br /> <br /> :'''8. Estimate of Total Just Compensation'''<br /> <br /> :For the URAR format, attach a narrative explanation of the comparison of each comparable sale with the appraised property, and the adjustments implemented for each significant element of difference affecting value. An explanation shall be offered for each individual adjustment. Differences may be measured by either dollars or percentage.<br /> <br /> :Estimated Value Before Acquisition: $______________<br /> <br /> :Estimated Value After Acquisition: $______________<br /> <br /> :Indicated Just Compensation Due to Acquisition: $______________<br /> <br /> :'''9. Allocation of Just Compensation'''<br /> <br /> ::'''A. Fee Holder's Interest:'''<br /> <br /> :::'''1.''' Land Acquired: $______________<br /> <br /> :::'''2.''' Improvements, Fixtures and Personalty: $______________<br /> <br /> :::'''3.''' Total Land and Improvements, Fixtures and Personalty: $______________<br /> <br /> :::'''4.''' Damages to the Remainder: $______________<br /> <br /> :::'''5.''' Total Just Compensation Due Fee Holder: $______________<br /> <br /> ::'''B.''' Tenant Owner's Interest:'''<br /> <br /> :::'''1.''' Tenant Owned Improvements, Fixtures and Personalty: $______________<br /> <br /> :::'''2.''' Damage to Tenant Owned Improvements, Fixtures and Personalty:$______________<br /> <br /> :::'''3.''' Leasehold Interest: $______________<br /> <br /> :::'''4.''' Total Just Compensation Due Tenant Owner: $______________<br /> <br /> :'''10. Uneconomic Remnant'''<br /> <br /> :See [[#Uneconomic Remnant|EPG 236.6.3.1.17]] for instructions on Uneconomic Remnant.<br /> :Area ________________________ @ $__________________ = $_____________<br /> <br /> :'''11. Salvage Value'''<br /> <br /> :See [[#Salvage Value|EPG 236.6.3.1.18]] for instructions on Salvage Value.<br /> <br /> ::Improvement ______________________ Salvage Value $______________<br /> <br /> ::Improvement ______________________ Salvage Value $______________<br /> <br /> ::Total Salvage Value $______________<br /> <br /> :'''Required Attachments'''<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Contingent and Limiting Conditions] (Form 236.6.3.1A)<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1B)<br /> :*Site Plan<br /> :*Photographs<br /> :*Floor Plans of Acquired Residential Units and Structures with Internal Walls <br /> :*Comparable Sales and Map<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR Form] (Form 236.6.3.4)<br /> <br /> :'''Optional Attachments:'''<br /> :*Cover letters<br /> :*Tables of Contents<br /> :*Appraiser Qualifications<br /> :*Engagement Letter or Notice to Proceed<br /> :*Legal Instructions, if any shall be retained in the appraiser’s work file and not attached to valuation reports.<br /> <br /> ===236.6.3.5 Instructions for Preparing Sale Forms===<br /> <br /> Appraisers shall incorporate within the appraisal reports adequate sales and other supporting data to relay the necessary comparative information, by attachment of the sale data sheets, [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Form 236.6.3.5.A] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Form 236.6.3.5.B].<br /> <br /> The purpose of the sale forms is to provide sufficiently detailed information about transactions and the properties involved to allow the appraiser to make comparisons and value judgments, and to allow a reader to follow the reasoning and validate the comparisons. The forms provide blanks to be completed with information that tends to be common to all sales, but seldom are the completed blanks sufficient to furnish all information that should be included. Judgment from the appraiser is required even in this. Those significant characteristics of the sale property, and important details of the transactions should be included whether or not a specific blank is provided for the information.<br /> <br /> Use of sales that have improvements located on them as vacant land sales, when it has been confirmed that those improvements did not contribute to value, is acceptable provided that during the course of time that the sale is being relied upon, those improvements have not been rehabilitated for renewed use. Once it becomes apparent that an improvement, formerly concluded to have no contributory value, has been put back into productive use, a sale written to the contrary has lost much of its credibility and is not to be used as a comparable for land valuation.<br /> <br /> The [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1.B) indicates that an appraiser has inspected all sales considered in the valuation process; therefore, subsequent inspections by other appraisers need not be identified on the forms. It is recommended that for future court testimony, that each appraiser makes a personal record of the sale inspections in regard to each property appraised.<br /> <br /> '''A. Nonresidential Sale Form (Form 236.6.3.5.A)'''<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Sale Form 236.6.3.5A] is for reporting sales of all vacant or improved properties other than improved single-family residential properties, or where residential improvements do not represent the highest and best use.<br /> <br /> :'''Completion Of The Sale Form Entries'''<br /> <br /> :'''Selling Price:''' This entry should reflect the total selling price of the property, including land and all improvements, if any. If the price was confirmed in another manner or if other information about the sale price was revealed, a full explanation should be included elsewhere on the form.<br /> <br /> :'''Unit Price:''' Indicate the entire selling price including all land and/or land and improvements, divided by the site area, gross living area above ground level (for residential improvements), or gross building area of the main improvement, or explain if the amount was calculated in another method.<br /> <br /> :On the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Nonresidential Sale Form 236.6.3.5.A], indicate whether the price was confirmed as a price per unit or a total price.<br /> <br /> :'''Type of Transaction:''' Entries in this field should describe the relationship of the buyer and seller. Any entry other than &quot;Open Market&quot; must be fully explained.<br /> <br /> :'''Financing:''' If financed by a lender with a conventional loan, the word Conventional will satisfy this requirement. If seller-financed or if there is concessional financing of any kind, the rate and terms should be included. If other than Conventional, the form must report the type of instrument and terms known, and show calculations for the cash equivalent sale price, with indicated adjustment shown in the Financing Concession field of the Property Description Section.<br /> <br /> :Cash Equivalency must be calculated and used in direct comparison with subjects. Situations that may require cash equivalency adjustments include: mortgage assumptions at favorable rates, mortgage buy-downs, installment sale contracts, wraparound loans, points paid by seller, seller-financed loans, etc.<br /> <br /> :'''Site Dimensions:''' In regularly shaped parcels, the dimensions can be expressed as &quot;width X depth&quot;. When appropriate, the average width by the average depth is acceptable. A line drawing of the perimeter of the property may be necessary to fully communicate an understanding of the property layout.<br /> <br /> :*Site Area:<br /> :*Building Area:<br /> <br /> :'''Zoning:''' The code and category of zoning as of the date of sale should be stated (for example, C-2 Commercial District). If the property is nonconforming with the zoning, this should be explained in the text of the sale form. If closing of the sale was contingent upon a different zoning being granted, this entry should reflect the contingent zoning and the body of the sale should include an explanation of the circumstances surrounding the zoning change. Special zoning provisions or restrictions should be noted, such as minimum lot size or number of developed units allowed.<br /> <br /> :'''Zoning Compliance:''' Either state yes, or explain noncompliance.<br /> <br /> :'''Highest and Best Use:''' The following standardized entries should be used: Single-family Residential; Multi-family Residential; Commercial; Industrial or Agricultural. Standardization of broad categories of use under these headings facilitates data base entry and search functions. Frequently additional explanation of highest and best use in the text of the sale will be warranted.<br /> <br /> :'''Utilities In Use (At Time Of Sale):''' State what utilities are on site. &quot;All available&quot; or &quot;All in place&quot; are not acceptable entries. The use of initials, W, E, G, S as abbreviations for publicly provided water, electricity, natural gas, and sanitary sewer is suggested. Use of Deep Well, Shallow Well, and Septic is suggested for privately provided utilities that are in use on the property.<br /> <br /> :'''Utilities Available (At Time Of Sale):''' If a utility is not on the property but is close, or is available but not connected, state what is actually on the property as of the date of sale and explain in the depth that the circumstances demand.<br /> <br /> :'''Access (At Time of Sale):''' Report legal and physical points of access and entrances. Legal access represents a deeded or permitted access point to a property. Physical access merely reflects the presence of existing entrances, which may or may not be legal.<br /> <br /> :'''Identification of the Realty:''' Location information should be adequate to assist the reader in driving to the property<br /> <br /> :The real estate involved in the sale can be identified by an abbreviated property description, address, map reference, copy of a survey or map, property sketch and/or photographs or the like. Lengthy property descriptions should not be reiterated within the sale form, but rather copies of the title report or last deed of record should be reviewed by the appraiser and retained in the appraiser’s work file and or district sales data files.<br /> <br /> :A property description does not need to repeat the actual description on the deed, but must provide enough data to allow the reader to regenerate the perimeter of the property. If subdivision land, provide a cut or tracing of the subdivision plat or a drawing to allow subsequent users of the form to locate the lot.<br /> <br /> :Inclusion of a copy of the transfer document (e.g., deed, contract) in the report is neither required nor desirable, unless there is something in the document that is unusual or particularly revealing.<br /> <br /> :'''Sale Verification:''' All comparable sales used shall be confirmed by the buyer, seller, broker or other person having knowledge of the price, terms, and conditions of sale. This form and its contents may be used by various appraisers, without further verification subsequent to its original verification, providing the appraiser using the form also inspects the sale premises. Subsequent users of the sale assume responsibility for the correctness of information presented on the Sale Form. Telephone numbers of verifying parties are very desirable. Signature of verifying appraiser is not required. If confidential data is included with a sale confirmation, that sale information must be handled in a manner that the confidentiality is not violated.<br /> <br /> :In this section of the sale forms, include name of verifying appraiser and confirming party, company (if Realtor, lender, etc.) and position in company (broker, loan officer, agent etc.) If confirmation is by other than the buyer, seller, lender or real estate agent, identify relationship to the transaction. Values reported as a public record (example: Certification of Value in Metropolitan St. Louis and Jackson County) and MLS information are not acceptable without further verification.<br /> <br /> :It is the intention of this requirement that enough information be provided that the verification can be repeated for purposes of court testimony or review. For trial purposes, a party to the transaction could be interpreted differently. In this case, consult with legal staff for specific requirements. Any person testifying about the facts of the sale may be required to personally verify those facts.<br /> <br /> :'''Map Number:''' Map identification numbers in common local use may be entered as appropriate.<br /> <br /> :'''Property Description:''' On the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Nonresidential Sale Form] (Form 236.6.3.5.A) indicate by subparagraphs description of land, description and type of improvements, if any, and any other data pertinent to analysis. Attach additional sheets if necessary.<br /> <br /> :Physical characteristics should be adequately explained to make comparison with those characteristics of subject properties being appraised. For analysis and valuation of properties subject to partial acquisitions, it is particularly important to note unusual features in sales, like building setback, frontage, depth, shape, access, entrances, etc.<br /> <br /> '''B. Residential Sale Form (Form 236.6.3.5.B)'''<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Sale Form 236.6.3.5.B] is used for reporting sales of improved single- family residential property, and the entry fields correspond with the URAR form as much as possible. For the standard entries see Paragraph A, above.<br /> <br /> :'''Property Description:''' On the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Residential Sale Form] (Form 236.6.3.5.B), the physical items of this section of the form are arranged in the same order as the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR] (Form 236.6.3.4). Physical characteristics should be adequately explained to make comparison with those characteristics of subject properties being appraised.<br /> <br /> :'''Quality of Location:''' This entry should reflect the quality of location in factual terms. (Typical street, Dead-end road, Gravel road, Corner, etc.) Subjective terms (good, poor) might be used in addition to the factual data.<br /> <br /> :'''Site/View:''' The appraiser should indicate such site factors as size, shape, topography, drainage, encroachments, easements, view, landscaping, driveway, flood hazard, or any detrimental or unusually positive site conditions. For analysis and valuation of properties subject to partial acquisitions, it is particularly important to note unusual features in sales, like building setback, frontage, depth, shape, access and entrances.<br /> <br /> :'''Design (Style):''' Indicate the style of construction (ranch, bungalow, etc.). Also indicate such aspects as appeal of exterior design, interior attractiveness, special features, and any other characteristics that would make the property attractive or unattractive to purchasers and otherwise enhance or detract from its overall marketability. During the confirmation the appraiser should attempt to ascertain the above items.<br /> <br /> :'''Quality of Construction:''' An overall quality rating should consider the quality of materials and workmanship used in all components of the building.<br /> <br /> :'''Age:''' Indicate the estimated or actual age of the dwelling, at the time of sale. If a dwelling has been substantially modernized or upgraded, the effective age may also be indicated. Effective age estimation will require a comment describing the basis for assignment and the degree of modernization.<br /> <br /> :'''Condition:''' Indicate &quot;good&quot;, &quot;average&quot;, &quot;fair&quot; or &quot;poor&quot;. For purposes of comparison with subjects, items of curable and incurable deterioration are the sensitive elements in this consideration.<br /> <br /> :'''Basement/Finish:''' The appraiser should report basement improvements such as finished rooms and recreation rooms found in the sale. If there is no basement or only a partial basement, this should be indicated.<br /> <br /> :'''Functional Utility:''' This entry relates to the efficiency of a building's use and reflects such factors as layout, room size, and general livability. Trends in single-family home construction sometimes determine whether residences have such items as porches, balconies, fireplaces, separate dining rooms, large kitchens, entry halls, and family rooms. Standards for dwellings also vary widely with regard to income level of prospective tenants and location. When judging the functional utility of residential buildings, the appraiser should attempt to interpret the reaction of typical purchasers in the specific market area.<br /> <br /> ::'''Heating / Cooling:'''<br /> <br /> ::'''Energy Efficient Items:'''<br /> <br /> ::'''Garage / Carport:'''<br /> <br /> ::'''Porch / Patio / Deck:'''<br /> <br /> ::'''Other - kitchen equipment and remodeling:''' All kitchen equipment must be itemized.<br /> <br /> '''C. Comparable Lease Form (Form 236.6.3.5.C)'''<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Form 236.6.3.5. C] is provided for the reporting of comparable leases.<br /> <br /> '''D. Optional Sale Forms From Fee Appraisers'''<br /> <br /> To accommodate the efficient use of various fee appraisers’ sale databases, sale write-ups of other formats can be accepted. It is up to the assistant right of way manager – certified or other reviewer to accept, reject or request supplemental information regarding other sale forms.<br /> <br /> ===236.6.3.6 Access Rights Valuation===<br /> <br /> Appraisals of access rights will be made in conformity with the appropriate state laws, regulations and policies and procedures for acquisition and disposal of property. Refer to [[236.5 Property Management#236.5.28.3 Compensation for Changes in Access|EPG 236.5.28.3 Compensation for Changes in Access]]. [https://www.sos.mo.gov/pubs/constitution Article IV, Section 29] of the Missouri Constitution gives the Commission authority to limit access to, from, and across state highways where the public interest and safety may require.<br /> <br /> Article IV, Section 29 (Highways and Transportation) of the Missouri Constitution states: <br /> <br /> “The highways and transportation commission shall have authority over all state transportation programs and facilities as provided by law, including, but not limited to, bridges, highways, aviation, railroads, mass transportation, ports, and waterborne commerce, and shall have authority to limit access to, from and across state highways where the public interest and safety may require.”<br /> <br /> The Scope of Assignment will identify the anticipated minimum requirements for the appraisal format to be prepared, based on the anticipated value or complexity of the access rights to be valued.<br /> <br /> ===236.6.3.7 Realty Asset Valuation===<br /> <br /> Estimates and appraisals of realty assets will be made in conformity with the appropriate state laws, regulations and policies and procedures for acquisition and disposal of property set out in this chapter. The assistant right of way manager - certified will instruct the staff or fee appraiser on the minimum valuation documentation, based on the complexity of the appraisal problem and the anticipated value of the realty asset to be valued. See [[236.5 Property Management#236.5.9 Uneconomic Remnants|EPG 236.5.9 Uneconomic Remnants]] (in EPG 236.5 Property Management) for additional information on disposal of Realty Assets.<br /> <br /> Assistant right of way manager - certified or individual designated by the district right of way manager shall merely examine the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20for%20Realty%20Asset%20Inventory%20Form%206.3.7.A.dotx Realty Asset Inventory Estimate] (Form 236.6.3.7A) without need for co-signature. Assistant right of way manager – certified or individual designated by the district right of way manager is required to cosign the Realty Asset Estimate Less Than $25,000 (Form 236.6.3.7B) or substitute Value Statement Memorandum, with supporting documentation. [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Review and Approval of Just Compensation] (Form 236.6.4.3) accommodates the review and approval of the Realty Asset Appraisal (Form 236.6.3.7C).<br /> <br /> It is intended that realty asset parcels, or the potential to add value to abutters’ property, be valued to reflect their full potential as if marketed by any knowledgeable seller.<br /> <br /> '''Identification Of Asset Parcels:''' Parcel identification numbers will be established in the Realty Asset Inventory. The job number inserted is the job on which the land was originally acquired.<br /> <br /> '''Authority To Appraise Assets:''' An appraisal assignment to value a realty asset shall be authorized by the district right of way manager after a recommendation to sell has been made by the Asset Management Committee.<br /> <br /> An appraisal assignment to value a Capital Improvement property must be authorized by a letter from General Services Facilities Management, Central Office.<br /> <br /> '''Valuation Assumptions:''' All realty assets must be valued with the following assumptions<br /> <br /> *Highway Commission has full fee interest<br /> *Parcel can be developed or marketed for its highest and best use<br /> *Parcel will be marketed to a party expected to pay the full-appraised amount.<br /> <br /> '''Ownership Interest:''' The ownership interest of the Commission will be reported by a realty asset legal opinion memo. It is not necessary to have a final determination of ownership interest before completing the appraisal assignment.<br /> <br /> '''Valuation Documents:''' All proposed sales of realty assets require a valuation document by Form 236.6.3.7B or Form 236.6.3.7C. However, you may substitute Form 236.6.3.7B with a value statement on an Inter-Office Memorandum for parcels valued at less than $25,000. Support for the value must be included in the Inter-Office Memorandum. Adequate information must also be included to clearly demonstrate that assemblage parcels were valued using the appropriate &quot;Across-the-Fence&quot; valuation method. Realty assets are placed on the Realty Asset Inventory at the value indicated on [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20for%20Realty%20Asset%20Inventory%20Form%206.3.7.A.dotx Realty Asset Inventory Estimate] (Form 236.6.3.7A). Non-cash and other trades of realty assets require a valuation document for each component of the trade.<br /> <br /> '''Stand-Alone or Assemblage Determination:''' Parcels that are not easily distinguished between stand-alone or assemblage-use, require detailed analysis and explanation of zoning, setback, access and any issue that influences the conclusion.<br /> <br /> '''Realty Asset Valuation Instructions:''' District right of way shall authorize appropriate personnel to prepare the following valuations.<br /> <br /> :'''A. Valuation by Realty Asset Inventory Estimate'''<br /> <br /> :The valuation for purposes of placing the parcel in the Realty Asset Inventory is to be documented on the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20for%20Realty%20Asset%20Inventory%20Form%206.3.7.A.dotx Realty Asset Inventory Estimate] (Form 236.6.3.7A). This form is designed to serve as a valuation tool for use when a recently identified or recently acquired parcel is being placed on the Realty Asset Inventory. An interested party is not identified, and marketing is not pending. If disposal is pending, use a realty asset estimate or appraisal form, Forms 236.6.3.7B (or substitute Value Statement Memorandum) or 236.6.3.7C, which will then also serve for the inventory estimate.<br /> <br /> :Preparers are expected to be one that might be assigned to prepare a cost estimate, Scope of Assignment, payment estimate, etc. This will serve as the inventory value estimate for all properties, regardless of value or complexity.<br /> <br /> :The assistant right of way manager - certified or designee shall determine the amount of documentation and exhibits necessary to support the inventory value, based on the complexity and value level. Use the minimum investment in time and documentation to establish a reasonable inventory value estimate.<br /> <br /> :'''B. Valuation by Realty Asset Estimate Less Than $25,000'''<br /> <br /> :Realty assets, with value less than approximately $25,000 will be documented by a Realty Asset Estimate Less than $25,000 (Form 236.6.3.7B) or substitute Value Statement Memorandum with supporting documentation. This form or memorandum is to serve as a valuation tool for disposal values when an interested party is identified or marketing is promoted internally. It will serve as the final valuation document for non-complex/low-value parcels up to a conclusion of $25,000. The document provides an adequate level of documentation in this value range only if the realty asset and its valuation is very simple.<br /> <br /> :Although valuations less than $25,000 may result in transfers to certain adjoining owners and others for a nominal consideration, completion of this form or substitute Value Statement Memorandum is the minimum reporting required for every disposal, with the following exception: if the Commission is conveying the property interest to the original owner for a $1 consideration AND the original owner is still the abutting land owner AND the property interest was originally donated to the Commission, an appraisal or valuation estimate is not required.<br /> <br /> :The preparer is expected to be one that might be assigned to prepare a cost estimate, payment estimate, or other noncomplex valuation.<br /> <br /> :'''Realty assets valuations dependent on consideration of use, zoning, access, utilities, etc. shall not be accomplished on this format.'''<br /> <br /> :'''C. Valuation by Realty Asset Appraisal'''<br /> <br /> :A Realty Asset Appraisal (Form 236.6.3.7C) will document realty asset values greater than approximately $25,000, or complex situations that result in values less than $25,000. This form is designed to serve as a valuation tool for disposal values when an interested party is identified or marketing is promoted internally. The district right of way manager or assistant right of way manager – certified will establish the minimum reporting criteria.<br /> <br /> ::'''1.''' Assignment criteria:<br /> <br /> ::*Low value &amp; simple assemblage or stand-alone. One sale, statement of highest and best use, value conclusion. (The content and reporting level of a Payment Estimate)<br /> ::*Medium value &amp; simple assemblage or stand-alone. More than one sale, explanation of highest and best use, comparison to comparables, value conclusion. ((The content and reporting level of a Value Finding)<br /> ::*High value, complex assemblage or stand-alone. Three land comparables, building valuation (assign applicable approaches), analysis of highest and best use, and direct comparison to sales, reconciliation and value conclusion. (The content and reporting level of a Standard Format)<br /> <br /> ::'''2.''' Stand Alone Parcels<br /> <br /> ::Parcels that are large enough and have physical characteristics that allow them to be developed to a freestanding use will be valued like any appraisal assignment if the anticipated value is greater than $25,000. The highest and best use will be determined, appropriate sales will be discovered and compared, and a value conclusion established.<br /> <br /> ::'''3.''' Assemblage Parcels<br /> <br /> ::The value sought is use value of a limited market property. Use value is value for assemblage, and reflects the highest and best use of the property(s) to which it might be assembled. The subject is considered a limited market property because of the small field of potential purchasers.<br /> <br /> ::The potential purchasers may consist of only one adjoining owner, whose use for the subject tract is typically only for assemblage purposes. Under these conditions the subject may take on the value characteristics of the overall tract to which it is to be assembled, or may contribute at a greater or lesser value than the overall unit value of the tract to which it is to be assembled. Such a value indication is typically unaffected by influences such as size, shape and limited access.<br /> <br /> ::If the ultimate assemblage changes the use potential of the requestor’s original property, the valuation should reflect the newly changed use.<br /> <br /> ::If the highest and best use is determined to be only as assemblage to adjoining property, the Highest and Best Use Analysis should address the use of the adjoining land and the comparable sales should be similar in use potential and other characteristics to the adjoining property. Under this circumstance, the realty asset parcel may take on the value characteristics of the larger parcel, and the question to be answered by the appraiser's analysis is whether it contributes at the average unit value, greater than or less than the average unit value of that larger parcel. The utility of the realty asset parcel should be judged as it contributes to the tract with which it would most likely be assembled.<br /> <br /> ::When the use is determined to be for assemblage, the size, shape, location, utility access, and in some cases, the physical characteristics (slope, grade, elevation, drainage, etc.) of the realty asset parcel are only important in relation to their contribution to the newly assembled property.<br /> <br /> ::Adjustment should not attempt to reflect an assemblage or &quot;one buyer&quot; effect on value.<br /> <br /> ===236.6.3.8 Maintenance Lot and Capital Improvement Valuation===<br /> <br /> Assignments to value future capital improvements will be authorized by the General Services Division, Facilities Management. <br /> <br /> The district right of way manager or assistant right of way manager - certified will determine the complexity of the appraisal problem and recommend either the [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|Standard Appraisal Format]] or the [[236.6 Appraisal and Appraisal Review#236.6.3.2 Value Finding Appraisal Format|Value Finding Appraisal Format]]. A [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Scope of Assignment] is not required but may be advisable on complex situations or with a fee appraiser assignment.<br /> <br /> Facilities Management will assign a project number, that should appear on the appraisal and all significant correspondence.<br /> <br /> When the acquisition represents the entire ownership, no special instructions apply.<br /> <br /> When the acquisition is only part of an ownership, the highest and best use analysis should be of the part being acquired.<br /> <br /> Appraisals will be prepared and reviewed consistent with property appraisal practice set out in this chapter. Complexity of the acquisition will determine the format and level of reporting required.<br /> <br /> A copy of the approved appraisal shall be sent to General Services Division, Facilities Management for final approval and funding, after which, Facilities Management will notify district right of way to proceed with negotiation to acquire the site. Any settlement above the approved appraisal amount shall be communicated to General Services Division, Facilities Management prior to finalizing the acquisition.<br /> <br /> ===236.6.3.9 Other Agency Valuations===<br /> <br /> The Department of the Interior, the Missouri Department of Natural Resources, and some other agencies adhere to the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA) while the Missouri Department of Transportation (MoDOT) instructions, approved by the Federal Highway Administration (FHWA), use the UASFLA as a guide. The Scope of Assignment preparer or the appraiser will need to determine the other agency’s requirements.<br /> <br /> The following instructions outline the items different from, or in excess of the MoDOT's instructions, which are required when doing appraisals for these or other agencies. This is only a general outline. Consult the Right of Way Section for current and complete instructions and requirements. Appraisals will be reviewed in the typical process using the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation Form (6.4.3)].<br /> <br /> See the [http://www.fhwa.dot.gov/modiv/index.htm FHWA Web site] for current requirements and guidance.<br /> <br /> ===236.6.3.10 Airport Valuation===<br /> <br /> Appraisals for airport projects and contracting to perform such services are under the specific guidelines of the [https://www.faa.gov/documentLibrary/media/Order/environmental_5100_37b.pdf Land Acquisition and Relocation Assistance For Airport Projects].<br /> <br /> These instructions are addressed to those staff and fee appraisers preparing and reviewing appraisals of partial and total acquisitions for airport development and expansion. Since the this article was primarily developed for acquisition of rights of way for highway projects, the terminology relates to highways. The same general appraisal principles apply to appraisals for airport projects, with the exceptions summarized here. The specific appraisal requirements are addressed in [https://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.current/documentNumber/150_5100-17 Circulars/150/5100-17 Chapter 2].<br /> <br /> :'''A. Formats Used'''<br /> <br /> :All Missouri Department of Transportation (MoDOT) valuation formats including [[236.6 Appraisal and Appraisal Review#236.6.3.3 Waiver Valuation|Waiver Valuation]] may be used in valuation for airport acquisition. The same measures of complexity as discussed in [[236.6 Appraisal and Appraisal Review#236.6.2.1 Scope of Assignment|EPG 236.6.2.1 Scope of Assignment]] will be applied to determine the appraisal format used. An official of the airport acquiring agency will have determined the complexity of appraisal problems prior to contracting, or assigning an appraisal and will indicate in the contract, or instructions, what formats are to be applied to the individual tract appraisals.<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 6.3.1A) and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 6.3.1B) may be used in valuation for airport acquisition.<br /> <br /> :'''B. Summary of Additional Airport Appraisal Requirements'''<br /> <br /> :The appraiser or waiver valuation preparer must be familiar with the additional valuation requirements specific to airport acquisition, which include but are not limited to:<br /> <br /> :*The property owner shall be invited to accompany the appraiser or Waiver Valuation preparer.<br /> :*There is no provision for separation of function for the same individual to prepare a Waiver Valuation and negotiation to acquire the property.<br /> :*There are non-compensable land costs that may be allowable for compensation under state law, that are non-compensable in acquisition for airports.<br /> :*There are specific instructions in the appraisal of avigation easements and noise avigation easements.<br /> <br /> :'''C. Right of Way Section Involvement in Scope of Assignment, Administrative Review and Administrative Settlement Review'''<br /> <br /> :To assure quality appraisals, waiver valuations and appraisal reviews, the Right of Way Section will support the Administrator of Aviation, Multimodal Operations Division with scope of assignment considerations and administrative review. When the airport sponsor has obtained a valuation and appraisal review for airport acquisition, it shall be delivered to the Administrator of Aviation and routed to the Right of Way Section for an administrative review. An administrative review is, at a minimum, a desk check of factual data and information presented in the valuation report, a determination that the report fulfills the requirements of this chapter, that the report addresses the special valuation considerations for valuation for airport purposes and provides a quality report with appropriate conclusions.<br /> <br /> ==236.6.4 Appraisal Review and Approval of Just Compensation==<br /> <br /> ===236.6.4.1 Purpose===<br /> <br /> Appraisal review is the act or process of developing and communicating an opinion about the quality of all or part of a completed work performed by another appraiser in a real property appraisal assignment. In performing an appraisal review assignment, an appraiser acting as a reviewer must develop and report a credible opinion as to the quality of another appraiser’s work and must clearly disclose the scope of work performed in the review assignment.<br /> <br /> The purpose of this article is to establish procedures and guidelines for the review of appraisal reports and approval of just compensation. The reviewer is responsible to assure that appraisal reports comply with instructions for preparing appraisals as set out in this manual, which incorporates requirements of Federal Highway Administration (FHWA), [https://www.fhwa.dot.gov/legsregs/directives/cfr23toc.htm 23 CFR] and [https://ecfr.io/Title-49/ 49 CFR], and [[#USPAP|USPAP]], and that they conform to [[236.6 Appraisal and Appraisal Review#236.6.2 Scope of Assignment|Scope of Assignment]] requirements and recommendations.<br /> <br /> Occasionally reports are to be written and reviewed in conformance to other standards such as Uniform Appraisal Standards for Federal Land Acquisition (UASFLA) or [https://www.faa.gov/documentLibrary/media/Order/environmental_5100_37b.pdf Land Acquisition and Relocation Assistance for Airport Projects] and policies/advisory [https://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.current/documentNumber/150_5100-17 Circulars/150/5100-17 Chapter 2]. In these instances the reviewer is responsible to obtain the appropriate documents and follow their requirements in the review process.<br /> <br /> ===236.6.4.2 Assignment of Appraisal Review===<br /> <br /> Assistant right of way manager certified is the typical resource for review and approval of just compensation. District right of way managers and field liaison officers who are certified may also review and approve just compensation. A district right of way manager may designate any staff certified appraiser to review and approve just compensation.<br /> <br /> Commissioner and employee-owned property appraisals must be reviewed and approved by Right of Way Section personnel and by the FHWA (See [[236.3 Administration#236.3.4.9 Acquisition of Property from an Employee or a Commissioner of MHTC|EPG 236.3.4.9 Acquisition of Property from an Employee or a Commissioner of MHTC]]).<br /> <br /> ===236.6.4.3 Review and Approval of Appraisal Reports and Waiver Valuations===<br /> <br /> Review and approval of appraisals will be accomplished on a [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation] document (Form 236.6.4.3). Waiver Valuations will be co-signed by the individual inspecting the document.<br /> <br /> The reviewer is responsible to assure compliance with the Scope of Assignment and contract/agreement requirements. The review will verify that all appraisals are complete and correct regarding format utilized, design plans, mathematics, and Appraisal Formats and Instructions for Preparing Appraisal Reports, (See [[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions |EPG 236.6.3 Valuation Formats and Instructions]]). Appraisals must also be examined to determine consistency with other appraisals on the project, must utilize the proper number of appropriate sales, and contain appropriate exhibits.<br /> <br /> The amount of just compensation as established by the reviewer shall be subject to the approval of the Asst. to the State Design Engineer - Right of Way or the district engineer, as appropriate. In addition to above, the reviewer has the following responsibilities:<br /> <br /> :'''A.''' Field inspect each appraised parcel as well as each comparable sale used by the appraiser during the valuation process, when the acquisition and appraisal is of a complicated nature as to require an examination in the field to fully understand the appraisal problem.<br /> <br /> :On limited occasions a desk review of appraisals may be permissible. The reviewer must disclose on Form 236.6.4.3 if only a desk review is done.<br /> <br /> :'''B.''' Examine each appraisal report to determine that it:<br /> <br /> ::'''1.''' Is compiled in accordance with the Department's appraisal specifications, (See [[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions |EPG 236.6.3]], or other manuals that may apply. (Example: Federal Aviation Administration or Uniform Appraisal Standards for Federal Land Acquisition. See [[236.6 Appraisal and Appraisal Review#236.6.3.9 Other Agency Valuations|EPG 236.6.3.9]] and [[236.6 Appraisal and Appraisal Review#236.6.3.10 Airport Valuation|EPG 236.6.3.10]])<br /> <br /> ::'''2.''' Is compiled in accordance with accepted appraisal principles and techniques with regard to valuation of real property.<br /> <br /> ::'''3.''' Contains or makes reference to information necessary to explain, substantiate, and thereby document conclusions, estimates of value, or just compensation.<br /> <br /> ::'''4.''' Offers evidence to support adjustments of comparable sales and depreciation rates, when applicable, or as may be specified within the [[236.6 Appraisal and Appraisal Review#236.6.2 Scope of Assignment|Scope of Assignment]].<br /> <br /> ::'''5.''' Addresses all compensable items, damages, and special benefits, if any, and does not include compensation for items noncompensable under Missouri law.<br /> <br /> :'''C.''' When reviewing multiple appraisals on the same project or in the same area, be attentive to inconsistencies in analyses and conclusions which result in widely varying estimates of just compensation for similar acquisitions and/or damages, including unit values, percentage rates for easements, etc.<br /> <br /> :'''D.''' Request and obtain corrections, revisions, additions and/or clarifications to appraisal reports which do not substantially meet requirements set forth in [[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions|EPG 236.6.3 Valuation Formats and Instructions]]. Such corrections or revisions shall be attached to and become part of the appraisal report. Requests of an uncomplicated nature may be addressed directly to a staff or fee appraiser. Requests of a complex nature will be made in writing.<br /> <br /> :'''E.''' Complete all applicable portions of [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Form 236.6.4.3], allocating compensation between appropriate elements and parties, date and sign the document, thereby establishing and/or approving an amount, in dollars, which in the opinion of the reviewer represents the estimate of value or just compensation.<br /> <br /> :Such opinion will be supported by approval of the appraisal as submitted or as revised to include corrections, revisions, additions and/or clarifications requested and made part of the appraisal report. If reviewer approves a different value, support may come from data furnished in the appraisal report or be developed by the reviewer.<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Approval of Just Compensation] (Form 236.6.4.3) may be subject to the future receipt of additions and clarification, which will be attached and made part of the appraisal report when received. Completion of the form should indicate what corrections; revisions additions and/or clarifications are being requested.<br /> <br /> :'''F.''' If the reviewer is unable to achieve resolution of the errors or deficiencies found in an appraisal report, the district right of way manager may authorize an additional appraisal of the parcel in question.<br /> <br /> :'''G.''' If a Right of Way Section reviewer performs the review, they shall provide the district one fully executed copy of Form 236.6.4.3.<br /> <br /> :'''H.''' Add addenda to previously submitted reports, maintain a log of appraisal and review activity, and answer correspondence.<br /> <br /> :'''I.''' Submit one copy of [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Forms 236.6.4.3] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Adjustment%20of%20Value%20or%20Just%20Compensation%20Form%206.4.4.docx 236.6.4.4] to Right of Way Section. Copies of appraisals are not submitted to Right of Way Section.<br /> <br /> ===236.6.4.4 Adjustment of Value or Just Compensation===<br /> <br /> In some instances it is necessary to effect changes in previously approved values or just compensation. Occasionally, such revisions are so insignificant it isn't justified to assign an appraiser to realign previously approved appraisals with current conditions. Under such circumstances, the reviewer may adjust the approved offer for needed revisions by completing [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Adjustment%20of%20Value%20or%20Just%20Compensation%20Form%206.4.4.docx Adjustment of Value or Just Compensation] (Form 236.6.4.4) and forwarding one copy to the Right of Way Section.<br /> <br /> It is the intention of this document to provide means of correcting minor differences between previously approved amounts and prevailing conditions. Any revisions proposed by the use of Form 236.6.4.4 shall be of such nature that justification or support therefore may be abstracted from a previously approved appraisal reports. If there is any impact on highest and best use or any other appraisal consideration, the problem should not be handled by a Form 236.6.4.4.<br /> <br /> Assistant right of way manager - certified or individuals familiar with the project and appraisals may be designated by the district right of way manager to prepare and sign the Form 236.6.4.4, providing adequate explanation and support for the necessary adjustment.<br /> <br /> ===236.6.4.5 Review of Specialty Appraisal Reports for Equipment or Specialty Items===<br /> <br /> :'''A.''' The review of separate valuations of machinery, equipment, trade fixtures, or other specialty items, carries the following responsibilities:<br /> <br /> ::'''1.''' Field inspect appraised items and then examine each appraisal report to determine that it contains:<br /> :::*statement of purpose of report.<br /> :::*definition of value(s) reported, i.e., in-place value, salvage value, etc.<br /> :::*identification of property and its ownership of record.<br /> :::*statement of appropriate contingent and limiting conditions, if any.<br /> :::*identification of the value problem.<br /> :::*an estimate of values.<br /> :::*accepted principles and techniques for the valuation of the subject of the report.<br /> :::*consideration of compensable items and that report does not include compensation for noncompensable losses.<br /> :::*data and analysis to explain, substantiate, and thereby document estimate of values.<br /> :::*date of inspection and effective date of value. <br /> :::*route, county, project number, job number, parcel number, certification, signature and date of signature of Specialty Appraiser.<br /> :::*photographs and any other necessary descriptive material.<br /> <br /> ::'''2.''' Request and obtain corrections or revisions of specialty appraisal reports which do not substantially meet above criteria.<br /> <br /> ==236.6.5 Contracting with Fee Appraisers==<br /> <br /> ===236.6.5.1 Qualifications for Realty Appraisers===<br /> <br /> Real estate appraisers employed under contract by the Missouri Department of Transportation (MoDOT) shall be State certified and in good standing with the Missouri Real Estate Appraisers Commission, must enjoy a good professional reputation, and must be able to provide acceptable evidence of specific appraisal experience in the type of property that is to be appraised of adequate complexity to demonstrate the applicant’s level of competency and ability to perform.<br /> <br /> ===236.6.5.2 Qualifications for Specialty Appraisers===<br /> <br /> From time to time, it is necessary to contract for the services of individuals or companies who are well qualified to evaluate machinery, equipment, or other specialty items. Specialists performing services of this nature may be members of appraisal or engineering firms whose principal occupation is the appraisal of specialty items, contractors who are engaged in the installation of such items or equipment, suppliers, or dealers who are familiar with the valuation of given specialty items or equipment. All persons performing such services shall be fully qualified to offer an opinion of value in addition to being capable of submitting written information which is essential to explain, substantiate, and thereby document their opinions in accordance with accepted appraisal principles and techniques.<br /> <br /> ===236.6.5.3 Application for Employment as Contract Appraiser===<br /> <br /> All contract appraisers not previously approved by Right of Way Section who are desirous of contracting appraisal work must submit an [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Application%20for%20Employment%20Contract%20Appraiser%20Form%206.5.3.pdf Application for Employment] (Form 236.6.5.3) as a contract appraiser. District right of way shall perform an investigation to determine the qualifications and abilities of the applicant and the appraiser’s general reputation within the profession. All references shown on the application shall be contacted in person or by telephone. All applicants must be recommended by at least two references. After the investigation is completed and the district right of way manager is satisfied with the applicant's qualifications, the district shall transmit to Right of Way Section its recommendation together with one copy of the application, one copy each of two dissimilar appraisal reports, and such other exhibits considered pertinent to the approval process. The Right of Way Section will review the application material to determine the applicant's qualifications. The Right of Way Section will advise the district in writing, if an applicant is approved for<br /> <br /> :*all types of appraisal assignments<br /> :*limited appraisal assignments<br /> :*specialty appraisal work<br /> :*review appraisal work<br /> :*is rejected for lack of qualifications or other causes.<br /> <br /> '''Notice of Approval or Rejection of Application'''<br /> <br /> The Right of Way Section shall notify the appraiser of approval. The Asst. to the State Design Engineer - Right of Way, if necessary, shall send a rejection notice to the applicant. With notice of approval, the appraiser shall be advised how to access the MoDOT electronic manuals.<br /> &lt;div id=&quot;Duration of Approval of Fee Appraisers on the Roster of Approved Appraisers/Reviewers&quot;&gt;&lt;/div&gt;<br /> '''Duration of Approval of Fee Appraisers on the Roster of Approved Appraisers/Reviewers'''<br /> <br /> Duration of approval on the Roster of Fee Appraiser/Reviewers is three years. A renewal application will be sent to each appraiser/reviewer prior to their three-year expiration date as contained in MoDOT’s database. The renewal application will seek to determine the applicants desire to remain on the list and also to capture updated information including address, phone numbers, email addresses and areas of the state the applicant is interested in performing work. If you have any questions you can contact the Right of Way Section of MoDOT's Design Division.<br /> <br /> ===236.6.5.4 Roster of Approved Contract Appraisers===<br /> <br /> A [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Roster of Approved Contract Appraisers] shall be maintained by the Right of Way Section in an electronic database, listing all approved contract appraisers, and indicating the types of appraisal assignments for which each appraiser is approved.<br /> <br /> Sample reports submitted by rejected applicants will be retained, at least those sections that contributed to the rejection.<br /> <br /> ===236.6.5.5 Employment of Contract Appraisers===<br /> <br /> All contracts for appraisal or appraisal review services shall comply with statutory, MoDOT and E-Verify requirements when applicable. Please refer to [[236.3 Administration#236.3.11 Contracting with MoDOT and E-Verify Requirements|EPG 236.3.11 Contracting with MoDOT and E-Verify Requirements]] for more information.<br /> <br /> District right of way is authorized to negotiate or seek proposals for fee appraisal services as needed. The availability of qualified contract appraisers varies by location time period and current economic circumstances. MoDOT policy provides for both the solicitation of [[#236.6.5.8 Competitive Proposals for Contract Realty Appraisals|competitive proposals]] and for [[236.6 Appraisal and Appraisal Review#236.6.5.9 Non-Competitive Proposals for Contract Realty Appraisals|non-competitive or negotiated contracting]] (see EPG 236.6.5.9). The availability of qualified appraisers and project time constraints may determine the bid process that will be followed.<br /> <br /> ===236.6.5.6 Selecting Prospective Contract Appraisers===<br /> <br /> District right of way may select currently approved appraisers from whom proposals are to be solicited. Every effort shall be made to select the most qualified appraisers available for the particular assignments. Consideration should be given to anticipated appraisal problems, experience, past performance, pending appraisal contracts, etc. The district shall contact by letter, telephone, or in person each of the selected appraisers to learn if they are interested in submitting proposals for the required work. All contacts by telephone or in person shall be documented in the district file to show party contacted, date of contact, a brief summary of the conversation and the conclusion of competitive or non-competitive contracting.<br /> <br /> ===236.6.5.7 Preparation of Proposals and Submission to Appraisers===<br /> <br /> The appraiser will be provided a copy of the Proposal for Appraisal Work (CCO RW 16), Appraisal Agreement (CCO RW 17), [[#236.6.2 Scope of Assignment |EPG 236.6.2 Scope of Assignment]] and project plans. (Forms RW16 and RW17 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]). The Scope of Assignment shall identify the required formats and approaches to value, before and after valuation if required, and any other requirements to communicate the scope of the assignment.<br /> <br /> The fee appraiser shall be provided with and advised to become familiar with:<br /> <br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions|Current format instructions]] (see EPG 236.6.3),<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 236.6.3.1.A),<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser Form] (Form 236.6.3.1.B),<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Summary%20of%20Tenant%20Interests%20Form%206.3.1C.pdf Tenant Summary] (Form 236.6.3.1.C),<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|Other Appraisal Considerations]] (EPG 236.6.3.1.D),<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.5 Instructions for Preparing Sale Forms |Instructions for Preparing Sale Forms]] (EPG 236.6.3.5).<br /> <br /> As appropriate, the appraiser shall also be provided with the following information.<br /> <br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.6 Access Rights Valuation|Valuation of Access Rights]] (EPG 236.6.3.6)<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.7 Realty Asset Valuation|Valuation of Realty Assets]] (EPG 236.6.3.7)<br /> :*[[#236.6.3.8 Maintenance Lot and Capital Improvement Valuation|Instructions for Preparing Appraisal for Maintenance Lot and Capital Improvement Acquisitions]] (EPG 236.6.3.8)<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.9 Other Agency Valuations|Instructions for Preparing Appraisal for Other Agencies]] (EPG 236.6.3.9)<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.10 Airport Valuation|Instructions for Preparing Airport Appraisals]] (EPG 236.6.3.10)<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.4 Appraisal Review and Approval of Just Compensation|Review and Approval of Appraisal Reports]] (EPG 236.6.4)<br /> <br /> Each prospective appraiser must be completely familiar with all aspects of proposed appraisal assignment. A member of the district right of way staff shall be available to accompany prospective appraisers during a field review of each parcel if requested, in order to acquaint them with project plans, rights to be appraised, and any unusual appraisal problems that may be encountered. It should also be clearly understood that the appraisers will or will not value items of equipment or machinery which are considered realty but offer minimal contributory value to the property. Should any parcel contain equipment or machinery, requiring the services of a specialty appraiser, the prospective real estate appraiser shall be advised that a copy of the specialty appraisal will be furnished for inclusion within the real estate appraisal report.<br /> <br /> In some instances, as provided by the contract, the appraiser shall furnish a contractor's estimate of cost to cure items, replacement costs of unusual structural improvements, sewer systems, etc. Contractors or specialists employed by the appraiser to perform such services must be approved in writing by the district engineer.<br /> <br /> '''NOTE:''' A contractor shall not be approved to perform identical services for two appraisers when both are appraising the same parcel.<br /> <br /> The appraiser shall be requested to submit proposal(s) setting forth fees for each individual parcel.<br /> <br /> ===236.6.5.8 Competitive Proposals for Contract Realty Appraisals===<br /> <br /> When the competitive proposal process for contracting realty appraisals is utilized, the district shall make a reasonable effort to secure proposals from those approved appraisers who have demonstrated expertise to accomplish the proposed appraisal assignments, by notification of a pending project requiring the services of fee appraisers.<br /> <br /> It should be noted that appraisal contracts are to be awarded to the lowest and best bid. The term &quot;lowest&quot; pertains strictly to the dollar amount of the proposal. The term &quot;best&quot; takes into consideration the issue of timeliness, or delivery date, the comparative level of experience of the bidders, and also the past records of individuals with respect to quality of work product and adherence to contractual requirements and deadlines. In other words, though important, mere submission of the lowest cost proposal will not, in and of itself, assure that bidder of being awarded a particular contract.<br /> <br /> Projects or sections thereof containing parcels that require only one appraisal shall be awarded to the lowest and best bid.<br /> <br /> Projects or sections thereof containing fee holds requiring two appraisals shall be awarded to the two bids that are considered lowest and best.<br /> <br /> :'''A. Proposals From Contract Appraisers'''<br /> <br /> :Proposal for Appraisal (CCO Form RW 16) (Form RW16 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) work shall be used by the appraisers for submission of their proposals. The district shall complete all portions of proposal except fees, date, and signature of appraiser. An envelope directed to district right of way shall be provided with a notation prominently displayed ''&quot;Proposed Appraisal Fees - Do Not Open.&quot;'' One copy of each proposal together with the envelope shall be given to each appraiser. Every appraiser should be admonished not to add or delete any terms or conditions or amend the proposal in any way. Altered or amended proposals will be rejected at the time of opening.<br /> <br /> :The district right of way manager may arrange with the prospective appraiser for electronic submissions of proposals directly to the district support services manager. Faxed submissions of proposals shall not be accepted because confidentiality cannot be maintained.<br /> <br /> :All proposals received at by district right of way shall be retained by the district support services manager until time of opening.<br /> <br /> :'''B. Opening Of Proposals, Checking Tabulations And Preparing Contract'''<br /> <br /> :District right of way personnel and/or the district administrative services supervisor shall open all proposals at the prescribed time. Personnel supervising the opening shall publicly announce to all in attendance the amounts recited in each proposal.<br /> <br /> :Right of way personnel shall subsequently check the tabulations for accuracy and then compare the results. If the total amount shown in the lowest and best proposal is acceptable, the district may prepare an appraisal contract in favor of the party submitting such proposal. Contracts must contain the same provisions as proposal. District right of way shall then submit to the district engineer three copies of appraisal contracts as executed by the selected bidders and one copy of proposal as received from each bidder. The District engineer shall review subject data and cause the contract to be approved or rejected.<br /> <br /> :If the lowest and best proposal is found unacceptable, the district has the option to proceed with the lowest and best bid or reject all proposals and re-solicit in an effort to secure more acceptable appraisal fees.<br /> <br /> ===236.6.5.9 Non-Competitive Proposals for Contract Realty Appraisals===<br /> <br /> The district shall select appraisers from the current roster of approved appraisers. Every effort shall be made to select the most qualified appraisers available for the particular job. Consideration should be given to anticipated appraisal problems, talents, skills possessed by the individual, appraiser's past performance, pending appraisal contracts, etc. District personnel shall contact the selected appraiser to determine their availability to complete the work within a specified time.<br /> <br /> All contacts shall be documented in the district file to show party contacted, date of contact, and brief summary of the conversation. Each prospective appraiser must be made completely familiar with all provisions of the appraisal contract, appropriate instructions for preparing appraisals, and any other requirements necessary for the completion of the appraisal assignment.<br /> &lt;div id=&quot;After the appraiser has been made aware&quot;&gt;&lt;/div&gt;<br /> After the appraiser has been made aware of all facts regarding the prospective appraisal assignment, the district shall request a proposal setting forth a fee for each parcel by preparing a Proposal for Appraisal Work (use Form CCO RW 16, which is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) for execution by the District Engineer. <br /> <br /> The proposal must be dated, signed, and submitted to district right of way.<br /> <br /> The district right of way manager or a designated representative shall review each proposal to determine if reasonable fees are being proposed. Should it be determined that the proposed fees appear excessive, the district right of way manager or designee shall negotiate with the appraiser in an effort to achieve acceptable fees. In the event negotiations fail to produce acceptable fees, the district has the option to negotiate with another appraiser or initiate the competitive bid process.<br /> <br /> When acceptable fees are reached, the district may prepare an appraisal contract in favor of contract appraiser for execution by the district engineer. The district engineer shall review subject data and cause contract to be approved or rejected. The contract must contain the same provisions as the proposal, such as, authorization to estimate contributory value to unaffected improvements, furnishing specialty appraisal for inclusion in realty appraisal report, etc.<br /> <br /> One copy of the fully executed appraisal contract shall be sent to the Right of Way Section and a copy retained in the district files. The third copy is to be given to the contract appraiser, together with a current set of highway plans and such other data necessary to fulfill the contract. At that time, the appraiser shall also be given a written notice to proceed, stipulating the date on which he/she may begin working on the project.<br /> <br /> ===236.6.5.10 Contracting Specialty Appraisals===<br /> <br /> Persons or firms offering such services may be so limited that competition is nonexistent. If, however, there is a competitive market, proposals shall be solicited in the same manner as defined for realty appraisals. When open competition does not exist, the district shall contact available specialty appraisers for the purpose of soliciting proposals for the appraisal of machinery, equipment, trade fixtures, or other specialty items.<br /> <br /> Being listed on MoDOT’s current Roster of Approved Appraisers is not required. Every effort shall be made to secure the most qualified person for the proposed assignment.<br /> <br /> District personnel shall be available to accompany the prospective appraiser in the field review of items to be appraised and to explain the specifications and requirements of the contract, completion time, etc. After being made fully aware of all requirements, the prospective appraiser shall submit to the district a statement setting forth a proposed fee for the specialty items of each parcel. District personnel shall review the proposal and if acceptable, prepare and submit to the appraiser a Specialty Appraisal Contract. The contract must contain the same provisions as the proposal that was submitted. Upon return of the executed contract from the appraiser, district right of way shall then submit to the district engineer three copies of the contract, as executed by the appraiser. The district engineer shall review subject data and cause the contract to be approved or rejected.<br /> <br /> ===236.6.5.11 Supplemental Appraisal Contracts===<br /> <br /> Subsequent to the submission and/or acceptance of fee appraisals, it sometimes becomes necessary, due to plan changes or time lapse, to request reappraisals or updates. If such services are required, they are to be secured in cooperation with the fee appraiser by processing a supplemental appraisal Supplemental Appraisal Agreement (CCO Contract RW 18). (Form RW is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> ===236.6.5.12 Distribution of Fully Executed Appraisal Contracts===<br /> <br /> One copy of the fully executed appraisal contract shall be sent to the Right of Way Section. One copy must be retained in the district file and the third copy is to be given to the contract appraiser together with a current set of highway plans and other data necessary to accomplish the contract. At that time the appraiser shall also be given a written notice to proceed, stipulating the date on which the appraiser may begin working on the project.<br /> <br /> ===236.6.5.13 Fee Appraiser Performance Evaluation===<br /> <br /> The fee appraiser is to be made aware that their overall performance will be carefully evaluated and that failure to perform at an acceptable level can result in their removal from MoDOT’s list of approved appraisers. The appraiser must be rated after completion of each contract on which shortcomings or problems arose in the contract experience. The object of this evaluation is to document less-than satisfactory performance, not continually attempt to rate consistent satisfactory performance.<br /> <br /> For the evaluation process to be meaningful all answers must accurately reflect the conclusions of the person completing the form, based on a thorough analysis of the fee appraiser's performance on that specific contract.<br /> <br /> Some questions may require more than a simple yes or no answer. If that is the case the comments should be written on a separate page and attached to the evaluation report.<br /> <br /> Properly used the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Fee%20Appraiser%20Performance%20Evaluation%20Form%206.5.13.pdf Fee Appraiser Performance Evaluation] (Form 6.5.13) can be of considerable value to MoDOT in effectively managing contract appraisal work. It is intended to serve as the documentary basis for the retention or dismissal of fee appraisers. If an appraiser is to be removed from the roster of approved appraisers based on poor performance they must be notified in writing by the Asst. to the State Design Engineer - Right of Way.<br /> <br /> The Fee Appraiser Performance Evaluation is strictly for MoDOT’s internal use and is not to be given to fee appraisers.<br /> <br /> :'''A. Distribution Of Evaluation Form:'''<br /> <br /> :Upon completion of the Fee Appraiser Performance Evaluation, it is to be signed by the reviewer or district right of way manager, and a copy provided to the Right of Way Section.<br /> <br /> :The evaluation form will be retained in the fee appraiser's permanent file in the Division office.<br /> <br /> :'''B. Notification To Fee Appraiser Of Unsatisfactory Performance'''<br /> <br /> :If it is concluded by both district and Division reviewers that the appraiser’s work falls below an acceptable level in terms of quality and/or timeliness, a letter signed by the Asst. to the State Design Engineer - Right of Way shall be mailed to the contract appraiser advising that performance was found to be unsatisfactory. A copy of this letter is to be maintained in the appraiser's permanent file at Right of Way Section.<br /> <br /> :Suggested language for this is: “Attached please find a Fee Appraiser Performance Evaluation that has been completed as a result of your appraisal contract and activity on _______________. This is your notice of unsatisfactory performance in the completion of that contract. This evaluation will be kept as part of your permanent file.”<br /> <br /> :'''C. Notification To Fee Appraiser Of Removal From Roster Of Approved Contract Appraisers'''<br /> <br /> ::'''1.''' Removal from Roster After Unsatisfactory Performance<br /> <br /> ::If, after receiving a letter notification of unsatisfactory performance, the appraiser’s work on a subsequent contract results in an evaluation with a recommendation of unsatisfactory performance or removal from the Roster of Approved Appraisers a letter signed by the Asst. to the State Design Engineer - Right of Way shall be mailed to the contract appraiser advising that they have been removed from the Roster of Approved Appraisers in accordance with MoDOT policy.<br /> <br /> ::'''2.''' Removal From Roster After First Contract<br /> <br /> ::Special circumstances may warrant a recommendation for the removal of an appraiser from the Roster of Approved Contract Appraisers as a result of the first evaluation. In such case the appraiser may be notified of removal without prior notification of unsatisfactory performance.<br /> <br /> ::'''3.''' Concurrence From Chief Counsel on Removal From Roster<br /> <br /> ::Consideration should be given to the appraiser's involvement with other districts and LPAs as well as the disposition of cases where the appraiser might be expected to be a witness when determining the timing of removal from the Roster of Approved Contract Appraisers.<br /> <br /> ==236.6.6 Appraisal Agreements==<br /> <br /> ===236.6.6.1 Appraisal Agreement===<br /> <br /> All fee appraisers performing appraisal work for MoDOT shall do so by authority of a contractual agreement. An Appraisal Agreement (CCO RW17) (Form RW17 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is available. District right of way managers shall assure that each agreement contains: name and address of appraiser, parcel number for each parcel to be appraised, route, project, county, number of calendar days in which to complete the contractual work, a specific appraisal fee for each parcel, the personal services of given individual, signature of appraiser, and date appraiser signed proposed agreement. Appraisal agreements with companies, firms, or corporate entities shall designate a given individual who shall perform the valuation services. All appraisal agreements with companies, firms or corporate entities shall be executed by an officer of such entity and the individual identified as the individual who shall be performing the valuation service. Each appraisal agreement shall contain all appropriate attachments (see list at [[236.6 Appraisal and Appraisal Review#236.6.5.7 Preparation of Proposals and Submission to Appraisers |EPG 236.6.5.7]]).<br /> <br /> ===236.6.6.2 Supplemental Appraisal Agreement===<br /> <br /> A copy of the Commission's Supplemental Appraisal Agreement (CCO RW 18) (Form RW18 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements])is available. This document is designed to minimize administrative efforts when it becomes necessary to add additional parcels to the original Appraisal Agreement, reappraise certain parcels, update, or secure addenda to the original appraisal reports.<br /> <br /> The Supplemental Appraisal Agreement refers to specifications as recited in original Appraisal Agreement so it becomes imperative that such requirements and specifications are effective at the date &quot;new&quot; parcels are added to the original agreement. New parcels shall be construed to mean tracts not previously appraised or formerly appraised parcels where the plan or ownership revisions are so acute as to nullify the original appraisal report. Updating or addenda to the original appraisals shall not be subject to subsequently revised appraisal specifications.<br /> <br /> Supplemental Appraisal Agreements shall contain: name, signature, date of signature by appraisal contractor (signature must be exactly the same as shown in original agreement), contractor's address, date of original agreement, route, project, and county. Supplemental Appraisal Agreements shall also recite parcel numbers, type of appraisal data designated, such as appraisal, update, addendum, etc., and the fee to be paid for each parcel. When adding &quot;new&quot; or additional tracts to original Appraisal Agreement, the supplement must specify type of appraisal format required and approaches to value concurrent with standard appraisal format. Also a calendar period or time frame in which the work is to be completed must be specified.<br /> <br /> Three copies of Supplemental Appraisal Agreement, as signed by the proposed contractor shall be submitted to the district engineer. The district engineer shall review all contents of proposed Supplemental Appraisal Agreement and subsequently approve or reject the proposal. Should the Supplemental Agreement be approved as submitted, the district engineer will execute the documents. One fully executed copy shall be returned to the contractor, one copy shall be retained in district right of way and one shall be submitted to the Right of Way Section.<br /> <br /> ===236.6.6.3 Specialty Appraisal Agreement===<br /> <br /> The Specialty Appraisal Agreement shall be employed when it becomes necessary to contract for the services of specialty appraisers. Such specialized services may become necessary when evaluating machinery, equipment, and appurtenances situated within or upon premises being appraised by real estate appraisers.<br /> <br /> The district right of way manager shall assure that each proposed agreement contains: name and address of contractor, number of calendar days in which work shall be completed, route, project, county, tract number or numbers, owner's name, and fee to be paid for each parcel. The agreement shall include an appropriate [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1B). The proposed agreement shall also recite the individual's name that shall perform the valuation services, contractor's signature, the state in which incorporated (if corporate entity), and the date of execution by the contractor.<br /> <br /> Three copies of Specialty Appraisal Agreement, as signed by the proposed contractor shall be submitted to the district engineer. The district engineer shall review all contents of proposed Specialty Appraisal Agreement and subsequently approve or reject the proposal. Should the Specialty Appraisal Agreement be approved as submitted, the district engineer will execute the documents. One fully executed copy shall be returned to the contractor, one copy shall be retained in the district right of way and one shall be submitted to the Right of Way Section.<br /> <br /> ==236.6.7 Highway Beautification Program Billboard Valuation==<br /> <br /> ===236.6.7.1 General===<br /> <br /> Statutes of State of Missouri provide the Commission with authority to acquire certain off-premise outdoor advertising signs and junkyards without an associated acquisition project. Such authority is provided for the purpose of controlling signs adjacent to the [https://www.modot.org/media/14052 National Highway System] to promote highway safety, convenience and enjoyment of highway travel, and to preserve the national scenic beauty of highways and adjacent areas. As this program is executed, it will become necessary to appraise certain realty rights sought by the Highways and Transportation Commission.<br /> <br /> ===236.6.7.2 Appraisal Format for Billboards and Sites===<br /> <br /> Use the [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|Standard Format Appraisal]] and see [[#Billboard|EPG 236.6.1.D. 2, Billboard Valuation]] for instructions. Each appraisal report shall have attached [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 236.6.3.1.A) and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1.B).<br /> <br /> If a scenic easement is to be acquired, Scenic Easement, Form CCO RW 6 (Form RW6 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) for the terms and conditions that will be applied to the property and determine value accordingly.<br /> <br /> Valuation for sign site shall be determined by capitalizing economic rent. Such rents may be estimated from three comparably leased premises. Use [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Comparable Lease] (Form 236.6.3.5.C) to indicate pertinent leasing data.<br /> <br /> ===236.6.7.3 Specialized Services and/or Estimates===<br /> <br /> During the appraisal of certain signs, it may become advantageous to secure the services of specialized personnel or companies to advise as to cost of such items as electrical systems, unusual pictorial art, etc. Should the need for such services arise, the district right of way manager or their designee may inquire of two companies offering such services in an effort to determine approximate fees for the desired information. The district right of way manager shall then submit such proposals to the Right of Way Section for approval or rejection. Subsequently acquired cost data shall be reviewed by assistant right of way manager - certified, and if found acceptable, submitted to an appraiser for analysis and incorporation into appraisal document to the extent deemed appropriate by the appraiser.<br /> <br /> [[category:236 Right of Way|236.06]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=236.6_Appraisal_and_Appraisal_Review&diff=51769 2022-08-23T20:10:26Z

<p>Hallej1: /* 236.6.2.1 Scope of Assignment */</p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:15px; border: 1px solid #cccccc; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;250px&quot; align=&quot;right&quot; <br /> |- <br /> |'''Forms'''<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Adjustment%20of%20Value%20or%20Just%20Compensation%20Form%206.4.4.docx Adjustment of Value or Just Compensation (Form 6.4.4)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Application%20for%20Employment%20Contract%20Appraiser%20Form%206.5.3.pdf Application for Employment as Contract Appraiser (Form 6.5.3)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation (Form 6.4.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions (Form 6.3.1A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser (Form 6.3.1B)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Comparable Lease (Form 6.3.5C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Fee%20Appraiser%20Performance%20Evaluation%20Form%206.5.13.pdf Fee Appraiser Performance Evaluation (Form 6.5.13)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Nonresidential Sale (Form 6.3.5A)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Realty%20Asset%20Estimate%20Greater%20than%20%2425000%20Form%20236.6.3.7C.pdf Realty Asset Estimate Greater Than $25,000 (Form 6.3.7C)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Realty%20Asset%20Estimate%20Less%20than%20%2425000%20Form%20236.6.3.7.b.pdf Realty Asset Estimate Less Than $25,000 (Form 6.3.7B)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Renewal%20Application%20Employment%20Contract%20Appraiser%20Form%206.5.3a.pdf Renewal Application for Employment as Contract Appraiser (Form 6.5.3a)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Residential Sale (Form 6.3.5B)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Roster of Approved Contract Appraisers]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment (Form 6.2.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format (Form 6.3.1)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Summary%20of%20Tenant%20Interests%20Form%206.3.1C.pdf Summary Value of Tenant Interests (Form 6.3.1C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx Uniform Residential Appraisal Report and Addendum (URAR) (Form 6.3.4)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20Finding%20Appraisal%20Form%20236.6.3.2.docx Value Finding Appraisal Format (Form 6.3.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20for%20Realty%20Asset%20Inventory%20Form%206.3.7.A.dotx Value for Realty Asset Inventory (Form 6.3.7A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Waiver%20Valuation%20Form%206.3.3.docx Waiver Valuation - Payment Estimate (Form 6.3.3)]<br /> |-<br /> |Forms RW16 and RW17 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].<br /> |}<br /> <br /> <br /> ==236.6.1 Overall Operating Policies==<br /> <br /> ===236.6.1.1 Appraisal Reports Required===<br /> <br /> It shall be the policy of The Missouri Department of Transportation (MoDOT) to secure at least one appraisal of each fee hold which is sought, or from which is sought certain realty rights having an estimated value that exceeds $25,000. Said appraisals shall be prepared on approved formats and comply with accepted appraisal practices.<br /> <br /> Non-complex valuations of acquisitions of less than $25,000 shall be prepared on a [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Waiver%20Valuation%20Form%206.3.3.docx Payment Estimate], (Form 236.6.3.3) or other Waiver Valuation document that has been approved by Right of Way Section, Waiver Valuations, including Payment Estimate are not considered an appraisal.<br /> <br /> An exception to this policy shall include lands or rights owned by the United States of America or any other entity where the owners thereof are willing to donate necessary rights or parts thereof subsequent to being informed of MoDOT's policy with regard to appraisals and grantors' rights to receive just compensation.<br /> <br /> District right of way management may assign additional appraisal reports by the same staff or fee appraiser that prepared an initial appraisal report (i.e. changed conditions, time, different format for condemnation, etc.) or assign an additional appraisal report to a different appraiser. Additional appraisal reports by two appraisers for the same time and conditions should only be assigned when the complexity of the acquisition already necessitates a Standard Format appraisal and should only be assigned under the most complex and high value situations. Complexity and relative high value varies by location, available data, unique nature or property type, extent of property impact, etc. A second appraisal of the same conditions and effective date might be considered when an initial appraisal submittal is found to be inadequate or inappropriate, as determined by district right of way management. Additional appraisal reports by the same or different appraiser may be considered prior to condemnation action, as determined by district right of way management.<br /> <br /> A specialty appraisal shall be secured when affecting or acquiring all or a part of equipment, trade fixtures, or specialty items and the evaluation thereof is beyond the expertise of realty appraiser(s), as indicated by the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment], (Form 236.6.2.2).<br /> <br /> :'''A. Valuation Reports Provided to Owner and Tenant'''<br /> <br /> :MoDOT adopted policy January 1, 2004 to provide valuation reports to owners at the initiation of negotiation ([[236.7 Negotiation|EPG 236.7 Negotiation]]).<br /> <br /> :[https://revisor.mo.gov/main/OneSection.aspx?section=523 Chapter 523 RSMo] requires &quot;(1) Any condemning authority shall, at the time of the offer, provide the property owner with an appraisal or an explanation with supporting financial data for its determinations of the value of the property for purposes of the offer made in subsection 1 of this section. (2) Any appraisal referred to in this section shall be made by a state-licensed or state-certified appraiser using generally accepted appraisal practices.&quot;<br /> <br /> :The above licensing and certification requirement is satisfied by the co-signature of a certified person on Waiver Valuations and review by a certified person on value finding and standard appraisals.<br /> <br /> :'''B. Guidelines for Valuation Reports Provided to Owner and Tenant'''<br /> <br /> ::*Approved appraisal report or Payment Estimate/Waiver Valuations will be provided to owners, with all analysis and adjustment grids, exhibits, certificates, etc.<br /> ::*Reviewers should not remove any material, approach, conclusion, exhibit, etc. from reports without the cooperation and consent of the appraiser.<br /> ::*When a reviewer is required to reconcile between two MoDOT-authorized appraisals, district management shall make a determination of what report(s) and other supporting rationale are to be provided to the owner. Each report shall contain its own sale data, with only location, size, price and other comparative data being included.<br /> ::*If Sale Data Sheets are provided to owners, it will necessitate that the appraiser using the form will be fully responsible for the content of sale forms written by others.<br /> ::*Confidentially confirmed sale information cannot be included in appraisals provided to owners. If there is no substitute for the use of confidential information, the method of its use must be addressed by the district on a case-by-case basis. The information may only be useable as backup or support in the appraiser’s file, rather than in the report.<br /> ::*When tenant owned improvements, fixtures or personalty are acquired or affected by the acquisition, the district should prepare and provide a [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Summary%20of%20Tenant%20Interests%20Form%206.3.1C.pdf Summary Value of Tenant Interests] (Form 236.6.3.1.C), to the tenant.<br /> <br /> :'''C. Review Forms to Right of Way Section'''<br /> <br /> :Copies of appraisals shall be maintained in the district according to document retention schedule and are not sent to Right of Way Section. A copy of [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation] (Form 236.6.4.3) and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Adjustment%20of%20Value%20or%20Just%20Compensation%20Form%206.4.4.docx Adjustment Of Value Or Just Compensation] (Form 236.6.4.4) shall continue to be sent to Right of Way Section.<br /> <br /> :'''D - RWPA system requirements for Appraisals and Improvements'''<br /> <br /> The approved appraisal must be uploaded in eProjects under the applicable project and parcel. All data must be entered in RWPA on the Appraisal List screen: Type (Appraisal, Revision, Review), Format, Date, Appraised Amount and Approved Amount. <br /> <br /> If there are any improvements on the property, the Type of Improvement (Residential, Commercial, Agricultural, Industrial or Other) must be entered on the Improvements screen in RWPA.<br /> <br /> ===236.6.1.2 Certification and Appraisal Assignment===<br /> <br /> All fee appraisal work performed for MoDOT for realty acquisition, shall be by contractual agreement with certified appraisers from the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Roster of Approved Contract Appraisers].<br /> <br /> Any right of way personnel that have a Residential or General Certification are authorized to prepare appraisal reports and Waiver Valuations. The district right of way manager may authorize non-certified senior, intermediate and right of way specialists to prepare and sign Waiver Valuations. The Right of Way Section may authorize non-certified senior, intermediate and right of way specialists to prepare and sign [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Value Finding], [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Format] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR] appraisal reports.<br /> <br /> Waiver valuations shall be prepared or cosigned by certified personnel. Value Finding, Standard Format and URAR appraisal reports prepared by non-certified personnel will be reviewed by, and just compensation approved by certified personnel.<br /> <br /> ===236.6.1.3 Moonlighting===<br /> <br /> The practice of right of way personnel holding additional jobs in the real estate profession, such as sales, brokering, appraising, researching, or sale of realty information and escrowing realty accounts, is strictly prohibited. Refer to [https://www.modot.org/sites/default/files/documents/Conflict%20of%20Interest_0.pdf Personnel Policy 2514 Conflict of Interest].<br /> <br /> ===236.6.1.4 Employment of Retirees===<br /> <br /> Human Resources, [https://www.modot.org/sites/default/files/documents/Employment%20of%20Retirees.pdf Personnel Policy Manual, Policy 0514, Employment of Retirees], governs contracting for appraisal or other realty and relocation services by retirees.<br /> <br /> ===236.6.1.5 Separation of Functions===<br /> <br /> :'''A. Valuation Limit'''<br /> <br /> :The same individual may value and negotiate for simple acquisitions with compensation of $25,000 or less (excluding fence), and valued by a Waiver Valuation. Valuation conclusions less than $25,000 and prepared on other than a Waiver Valuation (for complexity purposes) must be negotiated by personnel other than the valuer.<br /> <br /> :'''B. Relocation Restriction'''<br /> <br /> :An appraiser, having appraised a given parcel containing occupied improvements, may compile a rental subsidy study or replacement housing comparison record for that given property.<br /> <br /> ===236.6.1.6 Use of Forms===<br /> <br /> The forms provided shall be used without alteration, to the extent practical. Since appraisals and Waiver Valuations may be provided to property owners, each report should contain all necessary supporting information to make the report complete and informative.<br /> <br /> Use of alternative sale forms by fee appraisers is addressed in [[236.6 Appraisal and Appraisal Review#236.6.3.5 Instructions for Preparing Sale Forms|EPG 236.6.3.5.D]].<br /> <br /> ===236.6.1.7 Commission Member and Employee Property Valuation===<br /> <br /> See [[236.3 Administration#236.3.4.9 Acquisition of Property from an Employee or a Commissioner of MHTC|EPG 236.3.4.9 Acquisition of Property from an Employee or a Commissioner of MHTC]].<br /> <br /> ==236.6.2 Scope of Assignment==<br /> <br /> ===236.6.2.1 Scope of Assignment===<br /> <br /> [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR 24.103] requires minimum requirements for appraisals consistent with established and commonly accepted appraisal practice, including all relevant and reliable approaches to value. These appraisal requirements accommodate an appraisal reporting level commensurate with complexity. [[#USPAP|Uniform Standards of Professional Appraisal Practice (USPAP)]], (see EPG 236.6.3.1.d.17), contains a “Scope of Work Rule”, which requires identification of the problem to be solved, determination and performance of the scope of work necessary to develop credible assignment results, and disclosure of the scope of work in the report. To fulfill the objectives of the CFR and USPAP, the Missouri Department of Transportation (MoDOT) has developed the Scope of Assignment process to assure appraisal reports meet reporting requirements, appraisal principles and standards, and provide a high quality appraisal document. The Scope of Assignment preparer must be familiar with the requirements of the various formats (see [[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions|EPG 236.6.3 Valuation Formats and Instructions]]).<br /> <br /> All Scope of Assignment documents will be prepared by an individual familiar with all appraisal requirements for proper appraisal practice, approaches to value, rules and laws relevant to valuation for condemnation purposes, 49 CFR, USPAP, etc. The scope will identify the anticipated minimum requirements for an appraisal document to address all issues resulting from acquisition from a property. The Scope of Assignment preparer shall assign a level of documentation consistent with the complexity and anticipated value conclusion range of each acquisition. The assignment criteria must assure adequate documentation yet not assign or pay for more work than meets MoDOT’s needs.<br /> <br /> The [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment, Form 6.2.2], can be used as a working document throughout the life of the appraisal work for a project.<br /> <br /> ===236.6.2.2 Scope of Assignment Processes===<br /> <br /> A Scope of Assignment may merely direct an appraiser experienced with MoDOT formats and their instructions, what format to use along with any special instructions. Otherwise, a more detailed Scope of Assignment shall be used for staff or fee appraisers less experienced with MoDOT formats.<br /> <br /> '''Scope of Assignment for Complex Assignment or Inexperienced Staff and Fee'''<br /> <br /> A Scope of Assignment may indicate the following for each parcel, when applicable:<br /> <br /> :'''1.''' Total land area, proposed acquisition area, temporary and permanent easement, etc.<br /> <br /> :'''2.''' A description of land and improvements.<br /> <br /> :'''3.''' The manner in which proposed highway improvement might affect remaining real property.<br /> <br /> :'''4.''' Identify and explain all observed elements of loss or damage.<br /> <br /> :'''5.''' Identify curable losses, if any are observed.<br /> <br /> :'''6.''' Under all appraisal formats the value estimates must include all fee owned and tenant owned improvements, both affected and unaffected. The scope may authorize the appraiser to estimate the contributory value of unaffected improvements.<br /> <br /> :'''7.''' A statement from Commission's counsel with regard to special benefits when it is anticipated that such benefits may accrue to a remaining fee hold.<br /> <br /> :'''8.''' An explanation of those appraisal problems that warrant two appraisals on the same parcel.<br /> <br /> :'''9.''' A Scope of Assignment may indicate what evidence is required to support depreciation rates for affected improvements when a cost approach is specified. If primary reliance is likely to be placed on the cost approach a higher standard of support for the depreciation estimate should be required.<br /> <br /> :'''10.''' A Scope of Assignment may indicate if specialty appraisals to evaluate affected machinery, specialty items, trade fixtures, etc. are required. Also, if MoDOT or the fee appraiser is responsible for obtaining said appraisal and which party is responsible for the cost of specialty appraisals.<br /> <br /> :'''11.''' A Scope of Assignment may indicate a suggestion or requirement to engage a contractor to furnish cost to cure estimates for rehabilitating remainder buildings, correcting or revising affected sewer systems, water lines, fence, etc., and if MoDOT or the fee appraiser is responsible for obtaining and the cost of the contractor’s services.<br /> <br /> :'''12.''' Approaches to Value<br /> <br /> :The sales comparison approach often develops the most credible indication of value. In most situations this may be the only approach necessary to estimate just compensation. The cost less depreciation approach is best applied to newer, special use, or unique improvements not normally transferring in the market place. An income approach may be implemented when appropriate.<br /> <br /> :The Scope of Assignment shall indicate the recommended approach or approaches to value &quot;before&quot; as well as &quot;after&quot; when applicable.<br /> <br /> :The sales comparison approach shall be shown for parcels where appraiser relies upon vacant land sales and may estimate contributory value of unaffected improvements.<br /> <br /> ==236.6.3 Valuation Formats and Instructions==<br /> <br /> ===236.6.3.1 Standard Appraisal Format===<br /> <br /> Use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format] (Form 236.6.3.1) is required when:<br /> <br /> :*the appraisal problems are judged complex<br /> :*the highest and best use of a property as improved is different than the highest and best use as if vacant<br /> :*residential or other major improvements are acquired, unless use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR] appraisal is specified.<br /> :*there is a change in the highest and best use after the acquisition.<br /> <br /> The appraiser shall adhere to the following format and shall include paragraph headings and numbers as shown. The appraisal shall be typewritten on 8 1/2&quot; x 11&quot; paper with the pages numbered sequentially.<br /> <br /> These format instructions set out appraisal requirements of the Missouri Department of Transportation (MoDOT) and the Federal Highway Administration (FHWA). It is inevitable that appraisers will occasionally encounter situations that are not specifically addressed herein. In all cases the appraiser is responsible for a credible, adequately documented appraisal. Reasonableness and typical professional appraisal practices are the standard.<br /> <br /> There are a number of ownership items and appraisal problems frequently encountered in valuing acquisitions for transportation purposes, on which policies have been established by case law, management decision and precedent. These policies apply to all appraisal formats and are described in [[#Other Appraisal Considerations|EPG 236.6.3.1.D, Other Appraisal Considerations]].<br /> <br /> <br /> [[Image:236.6.3 Standard Identification Block.jpg|right|400px]]<br /> <br /> A standardized identification block (see example at right) shall be included at the front of the appraisal, without deviation.<br /> <br /> <br /> Reporting the effective date of appraisal and date of report are required by Code of Federal Regulations (CFR) and [[#USPAP|Uniform Standards of Professional Appraisal Practice (USPAP)]]. The effective date of appraisal establishes the context for the value opinion, generally the date of last inspection. For condemnation appraisal reports, the effective date will be the date the commissioners’ award is paid into court. The report date with the signature on the certificate should normally be the date the appraisal is complete or turned in for review.<br /> <br /> &lt;div id=&quot;Owner and Tenant Owner&quot;&gt;&lt;/div&gt;<br /> :'''1. Owner and Tenant Owner'''<br /> <br /> :Identify owner and tenant owner by address, phone number, etc.<br /> <br /> &lt;div id=&quot;Purpose of Appraisal&quot;&gt;&lt;/div&gt;<br /> :'''2. Purpose of Appraisal'''<br /> <br /> :The purpose of this appraisal is to estimate just compensation due the owners as a result of acquiring land and realty rights as herein described.<br /> <br /> ::'''Fair Market Value Definition:''' Fair market value is the value of the property taken after considering comparable sales in the area, capitalization of income, and replacement cost less depreciation, singularly or in combination, as appropriate, and additionally considering the value of the property based upon its highest and best use, using generally accepted appraisal practices. If less than the entire property is taken, fair market value shall mean the difference between the fair market value of the entire property immediately prior to the taking and the fair market value of the remaining or burdened property immediately after the taking. See [https://revisor.mo.gov/main/OneSection.aspx?section=523.001 RSMo 523.001].<br /> <br /> ::Do not use definitions from various appraisal organizations and sources. Failure to use the above definitions can result in having the testimony of a witness stricken.<br /> <br /> ::'''Intended Use:''' The intended use of the appraisal report is to assist MoDOT establish of the amount of compensation to pay for the land and property rights to be acquired.<br /> <br /> ::'''Intended Users:''' Intended users of this report are the Missouri Highways and Transportation Commission (the client), the MoDOT, the FHWA and the United States Department of Transportation and persons authorized by the client. Although the MoDOT authorizes a copy of this appraisal report be provided to the owner of the subject property for information only, the owner is not an intended user as defined by USPAP.<br /> <br /> ::'''[[#USPAP|Uniform Standards of Professional Appraisal Practice (USPAP)]]:''' The appraiser shall include the following statement in the appraisal report:<br /> <br /> &lt;div id=&quot;Compliance Statement&quot;&gt;&lt;/div&gt; <br /> ::'''USPAP Compliance Statement:''' This appraisal was prepared according to the contract/assignment from the agency, Missouri Department of Transportation. The intended use of the appraisal is for eminent domain related acquisition and the agency is the only intended user (except as indicated above). The agency bears responsibility for contract/assignment requirements that meet its needs and therefore are not misleading. In combination with the Scope of Assignment and review function, all appraisal reports assigned by the agency identify the problem to be solved, determine the scope of work necessary to solve the problem and correctly complete research and analysis necessary to produce a credible appraisal, and are therefore in compliance with USPAP Standard 1. In that the agency is the only intended user of the report and others may only be provided copies for informational purposes, the agency has determined that reports prepared in conformance with these procedures constitute an Appraisal Report, which fulfills the agency’s needs. For any inconsistencies with USPAP, appraisers are protected by the USPAP Jurisdictional Exception provision.<br /> <br /> &lt;div id=&quot;Interest Appraised&quot;&gt;&lt;/div&gt;<br /> :'''3. Interest Appraised'''<br /> <br /> :The interest appraised will normally be fee simple interest. If the ownership is encumbered with a lease, the value conclusion may be a leased fee estate. Easement encumbrances impacting market value shall be identified.<br /> <br /> &lt;div id=&quot;Scope of Work&quot;&gt;&lt;/div&gt;<br /> :'''4. Scope of Work'''<br /> <br /> :Reference the information researched and the analysis applied in an assignment. Appraisers have a responsibility in determining the appropriate scope of work for an appraisal assignment. Credible assignment results require support by relevant evidence and logic. Scope of Work includes, but is not limited to:<br /> <br /> ::*The extent to which the property and comparable sales were inspected<br /> ::*The extent of data research<br /> ::*The extent of analysis applied to arrive at opinions or conclusions.<br /> <br /> :The Scope of Work is supplemented by the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment] (Form 236.6.2.2), a document prepared by individuals other than the appraiser, and setting out the minimum reporting requirements of the appraisal.<br /> <br /> &lt;div id=&quot;Identification of the Property&quot;&gt;&lt;/div&gt;<br /> :'''5. Identification of the Property'''<br /> <br /> :The real estate involved in the appraisal can be specified by a property description, address, map reference, copy of a survey or map, property sketch and/or photographs or the similar information. Lengthy property descriptions should not be reiterated within the report, but rather copies of the title report or last deed of record should be reviewed by the appraiser and retained in the appraiser’s work file.<br /> <br /> &lt;div id=&quot;History of the Property&quot;&gt;&lt;/div&gt;<br /> :'''6. History of the Property'''<br /> <br /> :The appraisal report must state the history of the property and cannot merely say, &quot;No transfers&quot; or &quot;none&quot;. Indicate all transfers of subject realty for the five years immediately preceding the date of the appraisal. Show the parties to the transactions, dates of transactions, books and pages, instrument numbers and verified sale prices when possible to obtain. If sales of the subject are comparable sales in the report, reference to them will satisfy the requirement of this section. Include details of any current sale agreement, option or listing of the subject property if such information is available to the appraiser in the normal course of business. If the information cannot be determined, the report should state the reasons. If the report states there has been no sale, contract, option, or listing, it must also state how that determination was made.<br /> <br /> :Good appraisal practice dictates that appraisers consider and analyze recent sales, contracts, options or listings of the property being appraised. If, in the appraiser’s opinion, any of the above does not reflect current value of the property, the appraiser must provide reason. The phrase &quot;not an arms length transaction&quot; is not adequate without explanation.<br /> <br /> &lt;div id=&quot;Description of Property Before Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''7. Description of Property Before Acquisition'''<br /> <br /> ::'''A. Zoning:'''<br /> <br /> ::The applicable code and category of zoning should be stated (for example, R-1 (the code), Single-Family District (the category)). Special zoning provisions or restrictions should be noted, such as minimum lot size or number of developed units allowed. The report should state whether the subject property is in conformance with the zoning code.<br /> <br /> ::If the subject is non-conforming, the highest and best use and value analysis sections of the report must deal with any effect of the non-conformity upon use and value. Probability of zoning change should be addressed in the highest and best use analysis.<br /> <br /> :::*Code<br /> :::*Category <br /> :::*Compliance<br /> :::*None<br /> <br /> ::'''B. Land:'''<br /> <br /> ::Site description should include dimensions, shape, size and frontage as appropriate. Describe the topography, roads or streets and frontages, legal access rights and physical entrances, and all non-structural site improvements including but not limited to paving, curbing, retaining walls, landscaping, ponds and terracing.<br /> <br /> ::If agricultural land, information on soil types and productivity, percent cleared and timbered, and historic uses such as cropland and pasture land may be appropriate.<br /> <br /> ::Information should be included on encumbrances, recorded or unrecorded, such as deed restrictions, limitation of access, utility easements, flowage or drainage easements, etc. which may affect market value.<br /> <br /> ::*Access Before Acquisition: The report shall discuss the available legal and physical access of the subject property as well as the comparable sales. Legal access represents a deeded or permitted access point to a property. Physical access merely reflects the presence of existing entrances, which may or may not be legal.<br /> ::*Utilities In Use Before Acquisition:<br /> ::*Utilities Available Before Acquisition: Identify what utilities are in use, whether public or private, and what utilities are reasonably available to the property.<br /> <br /> ::'''C. Fee Owned Improvements, Fixtures and Personalty:'''<br /> <br /> ::These items shall be inspected, identified and described in sufficient detail to indicate their uses, quality, condition and location upon the premises.<br /> <br /> ::The description of affected improvements shall include such items as significant deferred maintenance, recent renovation and a statement of actual and effective age.<br /> <br /> ::Unaffected improvements shall be inspected to the extent that they can be adequately described. If directed in the Scope of Assignment, the appraiser may estimate the contributory value of unaffected improvements without support.<br /> <br /> ::The appraiser shall identify and value personal property, trade fixtures, or intangible items that are not real property but are impacted by the acquisition and are included in the valuation. When there are items such as appliances, fireplace inserts, equipment, on-premise signs, mobile homes, etc., which could be realty or personalty, the report shall identify them and state whether they are considered personalty or realty. See [[#Personalty and Fixtures|EPG 236.6.3.1.D.12]] for instructions on personalty and fixtures.<br /> <br /> ::When appropriate the impact of Title III of the Americans With Disabilities Act of 1990 as outlined in [[#Other Appraisal Considerations|EPG 236.6.3.1.D.1, Other Appraisal Considerations]] should be addressed.<br /> <br /> ::'''D. Tenant Owned Improvements, Fixtures and Personalty:'''<br /> <br /> ::All buildings, structures or other improvements, except outdoor advertising structures, which are a part of the realty and owned by someone other than the fee holder shall be valued as such items contribute to the fee or valued for removal (salvage), whichever is greater.<br /> <br /> ::The report shall identify the terms of the lease and describe buildings, structures or other improvements owned by someone other than the fee holder, which the tenant has the right or obligation to remove at the expiration of the lease term.<br /> <br /> ::All tenant owned improvements including outdoor advertising structures shall be identified and described as separate assets from that of the fee holder. Follow instructions for describing improvements in Paragraph 7C of this section. See [[#Personalty and Fixtures|EPG 236.6.3.1.D.12]] for instructions on personalty and fixtures.<br /> <br /> ::When appropriate the impact of Title III of the Americans With Disabilities Act of 1990 as outlined in [[#Other Appraisal Considerations|EPG 236.6.3.1.D, Other Appraisal Considerations]] should be addressed.<br /> <br /> ::'''E. Other Appraisal Considerations:'''<br /> <br /> ::Methods and directions for addressing other property elements are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> &lt;div id=&quot;8. Highest and Best Use Analysis Before Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''8. Highest and Best Use Analysis Before Acquisition'''<br /> <br /> :The appraiser shall analyze the highest and best use before acquisition to the extent commensurate with the appraisal problem. Estimation of market value requires consideration of the highest and best use or uses for which the property is suited. Conclusion of highest and best use of vacant land should be consistent with zoning or evidence shall be included supporting the probability of zoning change. If the subject property is unzoned vacant land, highest and best use should be consistent with surrounding land use and area trends or evidence supporting the different use shall be offered. If the highest and best use is the existing use as improved, reasons supporting this conclusion should be explained. If the highest and best use is different from the current use as improved and particularly if other than allowed by current zoning, this conclusion should be supported by market evidence and analysis showing that this use is financially feasible, physically possible, and that there is a high probability of obtaining the necessary zoning. An unsupported statement of conclusion will not meet the requirement for highest and best use analysis in the Standard Format.<br /> <br /> ::'''A.Valuation of Properties with Multiple Highest and Best Uses:'''<br /> ::Properties with the potential for multiple highest and best uses may be valued from comparable sales with like potential or as an alternative, the appraiser may value each use area by data comparable to each specific use to reach a value conclusion. Should an appraiser pursue the latter method of evaluation three sales comparable to each specific use area must be included and analyzed in the sales comparison approach, appropriate cost and income data for each use area shall be included if these approaches are utilized, and it must be shown that the owner may convey each specific use area without affecting the value of the remaining area(s).<br /> <br /> ::'''B.Valuation of Improvements That Do Not Represent the Highest and Best Use of the Property:'''<br /> ::If improvements do not represent the highest and best use of the property they may have interim use value, depreciated in place value, salvage value (value of salvage exceeds cost of removal), no value (removal cost equals salvage value) or negative value (removal cost exceeds salvage value). The analysis should be clear as to which valuation premise is being used. Compensation for improvements, like fence, that may not contribute to the fulfillment of the highest and best use may be considered when the property was previously fenced and the owner utilizes the property for livestock confinement.<br /> <br /> ::If a salvage value is included in [[#Salvage Value|Paragraph 18 (Salvage Value)]], the before value of that improvement must be at least equal to that salvage value.<br /> <br /> &lt;div id=&quot;Valuation Before Acquisition&quot;&gt;&lt;/div&gt; <br /> :'''9. Valuation Before Acquisition'''<br /> <br /> ::'''Required Approaches:'''<br /> ::Appraisers shall as a minimum complete the approach or approaches to value as specified within the body of the appraisal agreement and/or elements of the Scope of Assignment. If the appraiser determines the appraisal problem is more or less complex than reflected in the Scope of Assignment, it is the appraiser’s responsibility to communicate the necessity to amend the Scope of Assignment, which may necessitate renegotiation of the agreement.<br /> <br /> ::Each required approach to value, both before and after when applicable, shall be compiled in accordance with accepted appraisal principles and techniques, with appropriate specifications contained in these instructions and in compliance with [https://www.fhwa.dot.gov/legsregs/directives/cfr23toc.htm 23 CFR - Highways] and [https://ecfr.io/Title-49/ 49 CFR – Transportation].<br /> <br /> ::Sales of the subject within the past 5 years and current Agreements of Sale, options and listings of the subject property shall be considered and analyzed. In some cases, sales of the subject over 5 years old may still be relevant.<br /> <br /> ::'''Sales Data and Other Market Support:'''<br /> ::Each appraisal report prepared on the Standard Appraisal Format shall contain sufficient documentation, including valuation data and the appraiser's analysis of that data, to support the opinion of value.<br /> <br /> ::Appraisers shall incorporate within the appraisal reports adequate sales and other supporting data to relay the necessary comparative information using Comparable Sale [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Forms 236.6.3.5.A] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx EPG 236.6.3.5B].<br /> <br /> ::The report shall contain a sales map in sufficient detail to allow the reader to drive to each sale.<br /> <br /> &lt;div id=&quot;Sales Comparison&quot;&gt;&lt;/div&gt;<br /> ::'''A. Sales Comparison Approach Before Acquisition:'''<br /> <br /> ::When a sales comparison approach is applicable, an appraiser must analyze such comparable sales data as are available to indicate a value conclusion.<br /> <br /> ::A comparable sale may be considered as follows:<br /> <br /> ::*a real property transferring on the open market within approximately 5 years of the date of appraisal in which the sale is referenced as a basis for conclusion of value,<br /> ::*a sold property which is similar and/or suitable for comparison with realty being appraised with regard to land area, shape, location, topography, utilities, improvements when applicable, potential highest and best use(s) and any other sufficiently similar qualities which may enable an informed person to arrive at a reasonable estimate or conclusion of value.<br /> ::*Pending contracts should be considered but not relied upon.<br /> ::*Contract for Deed may be used, however, if the contract is not recorded, a copy of the contract must be part of the appraiser’s file.<br /> <br /> ::Comparable sale data shall be reported in each applicable portion of Sale Form [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx 236.6.3.5.A] or [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Form 236.6.3.5.B].<br /> <br /> ::A minimum of three comparable sales is required as a basis for an evaluation by the sales comparison approach in the Standard Format, unless a different number is authorized in the Scope of Assignment. An arms-length sale of the subject property may be considered a comparable sale provided the transfer occurred within approximately 5 years of the date of appraisal. Adjustments for changes in market conditions and/or improvements may be necessary to align sale price with current value.<br /> <br /> ::Each comparable sale shall be compared with the appraised realty and adjustments implemented for each significant element of difference affecting value. An explanation shall be offered for each individual adjustment. Differences may be measured by either dollars or percentage. A lump-sum adjustment for more than one difference is not acceptable.<br /> <br /> ::The appraisal report shall contain sufficient sales data or other factual data and analyses of such data as to lend credible support to an opinion of each adjustment or value differential applied to the comparable sale. The only exception to this policy shall apply when such supportive data cannot be abstracted by sales analyses and the appraiser so states. Comments regarding adjustments abstracted from or based upon sale analyses shall include reference to the section or page number of the report where the abstraction is explained. Comments sufficient to explain the appraiser's rationale and reasoning shall be offered for each adjustment which could not be supported by sales, sales analyses or other factual data.<br /> <br /> ::Comparable sales used as a basis for evaluating unimproved land must be either unimproved or all improvements totally and completely depreciated and offering no contributory value at date of sale. The procedure of abstracting estimated contributory value of improvements from selling price to arrive at residual value for unimproved land shall not be considered credible sale evidence or a basis for valuing unimproved realty.<br /> <br /> ::Use of sales that have improvements located on them as vacant land sales, when it has been confirmed that those improvements did not contribute to value, is acceptable provided that during the course of time that the sale is being relied upon, those improvements have not been rehabilitated for renewed use. Once it becomes apparent that an improvement, formerly concluded to have no contributory value, has been put back into productive use, a sale written to the contrary has lost much of its credibility and is not to be used as a comparable for land valuation.<br /> <br /> ::Each sale shall be analyzed to yield a value indication for the subject. These value indications shall be reconciled to a value conclusion by the sales comparison approach. A final conclusion of value differing from the range indicated by the comparable sales must be explained in depth.<br /> <br /> ::Before Value by Sales Comparison Approach: $_______________<br /> <br /> &lt;div id=&quot;Cost Approach&quot;&gt;&lt;/div&gt;<br /> ::'''B. Cost Approach Before Acquisition:'''<br /> <br /> ::When a cost approach is applicable, an appraiser must:<br /> ::*develop an opinion of site value by an appropriate appraisal method or technique<br /> ::*analyze such comparable cost data as are available to estimate the cost new of the improvements<br /> ::*analyze such comparable data as are available to estimate the difference between the cost new and the present worth of the improvements (accrued depreciation)<br /> <br /> ::When utilizing the cost approach the appraiser shall offer a minimum of three unimproved land sales to serve as a basis for evaluating unimproved land, unless a different number is authorized in the Scope of Assignment. Each land sale must meet the criteria as prescribed for comparable sales in Paragraph 9A of this Section.<br /> <br /> ::The appraiser shall compare each individual comparable land sale with the subject property. Adjustments to each comparable sale shall be in accordance with specifications set forth in Paragraph 9A of this section.<br /> <br /> ::'''Improvement Costs:''' All elements recited in the cost approach must be substantiated by reference to specific sections of acceptable cost manuals, contractor's estimates, manufacturer's or dealer's cost data or by other appropriate sources. The appraiser may determine the value of nominal or unique elements in the cost approach with the best available method, with the requirement for support relative to the value conclusion.<br /> <br /> ::The use of either replacement or reproduction cost is acceptable if the following two definitions are properly applied:<br /> <br /> :::Replacement cost is the estimated cost to construct at current prices a building with utility equivalent to the building being appraised, using modern materials and current standards, design and layout.<br /> <br /> :::Reproduction cost is the estimated cost to construct at current prices an exact duplicate or replica of the building being appraised using the same materials, construction standards, design, layout and quality of workmanship, and embodying all of its deficiencies, superadequacies and obsolescence.<br /> <br /> ::'''Depreciation of Improvements:''' When completing the cost approach, the appraiser shall determine from market data or by the age/life method the applicable rate of depreciation for residential units, commercial buildings and other principal capital improvements. Improvements of a minor nature may be depreciated based on observed condition. Depreciation rates for mechanical appurtenances and/or trade fixtures may be estimated from age/life data furnished by the manufacturer or supplier, or from accepted cost manuals.<br /> <br /> ::Before Value by Cost Approach: $____________ <br /> <br /> &lt;div id=&quot;Income Approach&quot;&gt;&lt;/div&gt; <br /> ::'''C. Income Approach Before Acquisition:'''<br /> <br /> ::When an income approach is applicable, an appraiser must:<br /> <br /> ::*analyze such comparable rental data as are available and/or the potential earnings capacity of the property to estimate the gross income potential of the property;<br /> ::*analyze such comparable operating expense data as are available to estimate the operating expenses of the property;<br /> ::*analyze such comparable data as are available to estimate rates of capitalization and/or rates of discount; and <br /> ::*base projections of future rent and/or income potential and expenses on reasonably clear and appropriate evidence.<br /> <br /> ::The appraiser shall, when implementing an income approach to value, develop an overall capitalization rate from sales of comparable realty investments, band of investment or other accepted method. Discounting to present value of some income streams may be an acceptable technique. The appraiser shall also offer evidence supporting income and expense estimates.<br /> <br /> ::Before Value by Income Approach: $_______________<br /> <br /> &lt;div id=&quot;Reconciliation of Value Before Acquisition&quot;&gt;&lt;/div&gt; <br /> :'''10. Reconciliation of Value Before Acquisition:'''<br /> <br /> ::If more than one approach to value is used, the appraiser shall correlate the resultant value estimates and explain the rationale for deciding which approach and data provide the best support for the conclusion of value before acquisition.<br /> <br /> ::Total Value Before Acquisition: $_______________<br /> <br /> &lt;div id=&quot;Description of Property After Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''11. Description of Property After Acquisition'''<br /> <br /> ::The appraiser shall describe the remaining realty to the extent necessary to provide a word picture of the after condition. If the remainder is substantially changed from the before condition the appraiser shall describe the remainder as if the before condition never existed. Partial acquisitions of a minor nature may best be described by discussing changes caused by the acquisition rather than repeating the contents of Paragraph 7 of this section.<br /> <br /> ::*Impact on Zoning: Describe impact on zoning.<br /> ::*Access After Acquisition: The report shall discuss the available legal and physical access of the subject property as well as the comparable sales. The report must address if the legally provided access points are comparable to the physical access available to the property before the acquisition in regard to topography, timber, etc. See [[236.6 Appraisal and Appraisal Review#236.6.3.6 Access Rights Valuation|EPG 236.6.3.6]] for applicable laws and definitions regarding access.<br /> ::*Impact on Utilities: A statement is required regarding the impact, if any, on all public and private utility services which the property has in use or available in the before condition. Special considerations apply when it is necessary to to adjust the property owner’s service lines located on existing right of way. The cost to move and reconnect service lines that lie within the existing right is not compensable to the owner if such reconnection is included in the construction contract. See [[643.2 Local Utility Adjustments - Public and Private#643.2.1.6 Service Lines Owned by Property Owners|EPG 643.2.1.6 Service Lines Owned by Property Owners]].<br /> ::*Utilities In Use After Acquisition:<br /> ::*Utilities Available After Acquisition:<br /> <br /> :'''Other Appraisal Considerations:'''<br /> <br /> :Methods and directions for addressing other property elements are described in [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> &lt;div id=&quot;Highest and Best Use Analysis After Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''12. Highest and Best Use Analysis After Acquisition'''<br /> <br /> :The report may indicate that the highest and best use of the remaining realty is unchanged and an explanation supporting such a conclusion is required. Should the acquisition cause a change in highest and best use or uses, the appraiser shall analyze the new highest and best use in depth commensurate with the appraisal problem. <br /> <br /> :Loss of access, loss of traffic, circuity of travel, placement of a median barrier, loss of visibility, loss of privacy, loss of security, etc., are to be considered elements by the appraiser in formulating an opinion of the highest and best use of the property in the after condition. If the appraiser determines there is no diminution in highest and best use of the property, even though these elements are present, the appraisal report is to include an explanation supporting such a conclusion.<br /> <br /> :The change(s) caused by the property acquisition may make it necessary for the appraiser to utilize new comparable sales data. [[#Special Benefits|Special Benefits]] reflected in a report must be supported by written concurrence from Commission's Counsel and addressed in the Scope of Work of the report if special benefits are recognized subsequent to the initial Scope of Assignment.<br /> <br /> &lt;div id=&quot;Valuation After Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''13. Valuation After Acquisition'''<br /> <br /> :The analyses and valuation sections relating to the remainder property constitute a new appraisal. In cases of an insignificant acquisition, the remainder may be so similar to the whole property before the acquisition that the same highest and best use analysis and the same cost, market, and income data and analysis will remain applicable and can therefore be referenced and employed in analyzing and valuing the remainder property. However, a change in the basic physical or economic character of the remainder may result in a change in the remainder’s highest and best use or the intensity of that use and may result in damages or benefits to the remainder property which will require different market data and/ or analysis than that which was used in the whole property valuation.<br /> <br /> :Follow instruction as shown in Paragraph 9 of this section as well as [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> ::'''A. Sales Comparison Approach After Acquisition:'''<br /> <br /> ::Follow Instructions as shown in Paragraph 9A above.<br /> <br /> ::After Value by Sales Comparison Approach: $_______________<br /> <br /> ::'''B. Cost Approach After Acquisition:'''<br /> <br /> ::Follow Instructions as shown in Paragraph 9B above.<br /> <br /> ::After Value by Cost Approach: $________________<br /> <br /> ::'''C. Income Approach After Acquisition:'''<br /> <br /> ::Follow Instructions as shown in Paragraph 9C above.<br /> <br /> ::After Value by Income Approach: $_______________<br /> <br /> &lt;div id=&quot;Reconciliation of Value After Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''14. Reconciliation of Value After Acquisition'''<br /> <br /> ::If more than one approach to value is used, the appraiser shall correlate the resultant value estimates and explain the rationale for deciding which approach and data provide the best support for the conclusion of estimated value after acquisition.<br /> <br /> ::Total Value After Acquisition: $_______________<br /> <br /> &lt;div id=&quot;Estimate of Total Just Compensation&quot;&gt;&lt;/div&gt;<br /> :'''15. Estimate of Total Just Compensation'''<br /> <br /> ::Total Just Compensation is computed by subtracting the estimated value after the acquisition from the estimated value before the acquisition.<br /> <br /> ::Estimated Value Before Acquisition $_______________<br /> <br /> ::Estimated Value After Acquisition $_______________<br /> <br /> ::Indicated Just Compensation Due to Acquisition $_______________<br /> <br /> &lt;div id=&quot;Allocation of Just Compensation&quot;&gt;&lt;/div&gt;<br /> :'''16. Allocation of Just Compensation'''<br /> <br /> :The appraiser shall offer an opinion of reasonable allocation of the estimate of just compensation between realty acquired and damages to the remainder for .the interests of both fee holders and tenants who own improvements, fixtures or personalty included in the value.<br /> <br /> ::'''A. Allocation of the Fee Holder’s Interest:'''<br /> <br /> :::'''1.''' Land Acquired: $ ______________<br /> <br /> :::Report the calculated value of the land acquired.<br /> <br /> :::'''2.''' Improvements, Fixtures and Personalty: $_________________<br /> <br /> :::'''3.''' Total Land and Improvements, Fixtures and Personalty: $_________________<br /> <br /> :::'''4.''' Damages to the Remainder: $_________________<br /> <br /> :::Damages to the remainder including permanent and temporary easements shall be identified and individually valued, and their values combined to a total. Losses caused by temporary borrow pits must be set apart from other damages. Fencing required as a cost to cure due to road realignment, temporary fencing etc. shall be included as a damage to the remainder. See additional discussion on Damages in [[#Other Appraisal Considerations|EPG 236.6.3.1D]].<br /> <br /> :::'''5.''' Total Just Compensation Due Fee Holder: $________________<br /> <br /> ::'''B. Allocation of the Tenant Owner’s Interest:'''<br /> <br /> :::'''1.''' Tenant Owned Improvements, Fixtures and Personalty:<br /> <br /> :::::Item _________________ $_________________<br /> :::::Item _________________ $_________________<br /> <br /> :::Identify each tenant owned improvement within the new acquisition and/or easement area and estimate its value. Use the greater of its contributory value or value for removal (salvage value).<br /> <br /> :::'''2.''' Damage to Tenant Owned Improvements, Fixtures and Personalty:<br /> <br /> :::::Item _________________ $_________________<br /> :::::Item _________________ $_________________<br /> <br /> :::Identify and show a value loss, if any, for each damaged tenant owned improvement lying outside the acquired area.<br /> <br /> :::'''3.''' Leasehold Interest: $_________________<br /> <br /> :::Calculate value of leasehold interest, if any, should the lease be affected by the acquisition.<br /> <br /> :::'''4.''' Total Just Compensation Due Tenant Owner: $________________<br /> <br /> &lt;div id=&quot;Uneconomic Remnant&quot;&gt;&lt;/div&gt;<br /> :'''17. Uneconomic Remnant'''<br /> <br /> :&quot;The term uneconomic remnant means a parcel of real property in which the owner is left with an interest after a partial acquisition of the owner's property, and which the acquiring agency has determined has little or no value or utility to the owner.&quot; [https://www.law.cornell.edu/cfr/text/49/24.2 (see 49 CFR Section 24.2 (27)] and [[236.5 Property Management#236.5.9.1 Definition|EPG 236.5.9.1 Definition]] (in EPG 236.5 Property Management). When the appraiser is of the opinion that an uneconomic remnant does not exist, enter the word &quot;none&quot; in this paragraph. When the appraiser is of the opinion that an uneconomic remnant has been created by the acquisition, an explanation is required. The appraiser shall describe elements that contribute to a parcel having some characteristics of an uneconomic remnant, yet conclude that the parcel is not an uneconomic remnant. A separate area and value should be shown for multiple uneconomic remnant areas.<br /> <br /> :::Area __________________ @ $ __________ = $ ________________<br /> <br /> &lt;div id=&quot;Salvage Value&quot;&gt;&lt;/div&gt;<br /> :'''18. Salvage Value'''<br /> <br /> :&quot;The term salvage value means the probable sale price of an item offered for sale to knowledgeable buyers with the requirement that it be removed from the property at a buyer’s expense (i.e., not eligible for relocation assistance). This includes items for re-use as well as items with components that can be reused or recycled when there is no reasonable prospect for sale except on this basis.&quot; <br /> <br /> :Each acquired improvement enumerated above shall be additionally identified under salvage and a salvage value determined or zero indicated. Salvage values should not be assigned to very low value items such as farm fencing. If an improvement has salvage value, the before value of such improvement must be at least equal to the salvage value.<br /> <br /> :Allocate salvage values between fee and tenant improvements, fixtures and personalty.<br /> <br /> :::Improvement ______________ Salvage Value $_________________<br /> <br /> :::Improvement ______________ Salvage Value $_________________<br /> <br /> :::Total Salvage Value ______________ $_________________<br /> <br /> &lt;div id=&quot;Required Attachments&quot;&gt;&lt;/div&gt;<br /> :'''19. Required Attachments'''<br /> <br /> ::'''Assumptions and Limiting Conditions:''' The appraiser shall use the standard [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 236.6.3.1.A). If additional contingencies or limiting conditions apply, they shall be stated here. Unauthorized hypothetical conditions, assumptions, or limiting conditions may result in disapproval of the appraisal report.<br /> <br /> ::'''Certificate of Appraiser:''' A properly completed and signed copy of [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1.B) shall be attached to the appraisal report.<br /> <br /> ::'''Site Plan:''' The appraiser must provide a site plan showing all property boundaries and the location of major and affected improvements. An annotated copy of an assessor’s aerial map, a survey, an aerial photo, a cut of the highway plan can meet this requirement if it shows the whole property and all improvements, or a drawing. If other than the plan cut is used to meet this requirement the site plan should show the proposed boundary line and easements, and the areas of the acquisition and remainder. Greater detail and a higher degree of accuracy is required on small parcels or where improvements are very near and possibly affected by the acquisition than on large parcels where improvements may be important to the value estimate but are not affected by the acquisition.<br /> <br /> ::'''Photographs:''' The appraiser shall attach identified color photographs of the appraised property showing all improvements and features affecting the value. Photographs should show details important to the valuation of major and/or affected improvements. Photographs should also show the area of acquisitions including easement areas and their relationships to affected improvements.<br /> <br /> ::'''Floor Plans of Acquired Residential Units And Structures with Internal Walls:''' A floor plan drawing is required when:<br /> <br /> :::*a residential unit is acquired, to aid in the determination of relocation requirements and benefits.<br /> :::*demolition will be required on structures with interior walls.<br /> <br /> ::'''Comparable Sale Map:''' The report shall contain a sales map in sufficient detail to allow the reader to drive to each sale.<br /> <br /> ::'''Sale Data Forms:''' Data books may be utilized in each appraiser’s practice but shall not be submitted to division or referenced in reports. Each appraisal report prepared on the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format] shall contain sufficient documentation, including valuation data and the appraiser's analysis of that data, to support the opinion of value.<br /> <br /> ::Appraisers shall incorporate within the appraisal reports adequate sales and other supporting data to relay the necessary comparative information. Sale data sheets, Forms [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx 236.6.3.5 A] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx B] utilized in the valuation shall be attached to each report. The entirety of information obtained on each sale transaction may exceed the need for each individual report, like income data, etc. Individuals may develop abbreviated sale data sheets that contain only the information necessary for comparison to the subject valuation, with other data retained in the appraiser’s work file.<br /> <br /> ::'''Optional Attachments'''<br /> :::*Cover letters<br /> :::*Tables of Contents<br /> :::*Appraiser Qualifications<br /> :::*Engagement Letter or Notice to Proceed<br /> :::*Legal Instructions, if any shall be retained in the appraiser’s work file and not attached to valuation reports.<br /> <br /> ::'''A. Assumptions and Limiting Conditions'''<br /> <br /> ::[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 236.6.3.1.A) shall be attached to each [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Format] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20Finding%20Appraisal%20Form%20236.6.3.2.docx Value Finding] appraisal, and other valuations where it is deemed appropriate.<br /> <br /> ::'''B. Certificate of Appraiser'''<br /> <br /> ::[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1.B) shall be attached to each Standard Format and Value Finding appraisal, and other valuations where it is deemed appropriate. The Certificate of Appraiser is not used on Waiver Valuations.<br /> <br /> ::'''C. Tenant Summary'''<br /> <br /> ::[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Summary%20of%20Tenant%20Interests%20Form%206.3.1C.pdf Summary Value of Tenant Interests], Form 236.6.3.1.C, shall be prepared and provided to tenant owners of improvements and interests affected by an acquisition. Form 236.6.3.1.C is a summary of tenant information and valuations included in the valuation of the parent property, but is not to be attached to the appraisal or valuation documents provided to the fee owner.<br /> <br /> &lt;div id=&quot;Other Appraisal Considerations&quot;&gt;&lt;/div&gt;<br /> ::'''D. Other Appraisal Considerations'''<br /> <br /> ::The following elements shall be considered and addressed in the appropriate paragraphs of all valuations.<br /> <br /> :::'''1. Americans With Disabilities Act of 1990'''<br /> <br /> :::The intent of this section for the appraiser is to emphasize the importance of the impact of the ADA on real estate valuation. Appraisers must be aware of differences in apparently comparable improved properties due to ADA. It is not intended that appraisers unduly seek out ADA deficiencies in affected and acquired improvements.<br /> <br /> :::The appraiser should be aware of the requirements of Title III of the Americans With Disabilities Act of 1990 and consider its effect on the value of the appraised property. The Act applies to any public accommodation, commercial facility, or private entity that offers examinations or courses related to applications, licensing, certification or credentialing for secondary or post-secondary education, professional or trade purposes. When a public accommodation is located in a private residence that part used for public accommodation is covered by this act, including those elements used to enter the place of public accommodation.<br /> <br /> :::The Act requires removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable, i.e., easily accomplished and able to be carried out without much difficulty or expense. Whether a measure is readily achievable is determined on a case-by-case basis, however, the obligation to remove barriers is a continuing one. What was not readily achievable in the past may become achievable in the future and the Act envisions a gradual removal of barriers and suggests priorities for their removal.<br /> <br /> :::All new improvements after January 26, 1993 must be designed and constructed to be readily accessible and usable by individuals with disabilities. Alterations to existing facilities after January 26, 1993 must to the maximum extent feasible ensure that the altered portions of the facility are readily accessible. When undertaking a cost to cure as part of the damages caused by a property acquisition, the appraiser will have to consider how the acquisition affects accessibility as well as whether the improvement was or should have been in compliance prior to the acquisition.<br /> <br /> :::Subject property shall be inspected on the date of valuation for its compliance or non-compliance with ADA regulations. All comparable sales used in the valuation process should be analyzed as to their compliance or non-compliance to ADA regulations as of the date of sale. If subject property is currently in non-compliance with ADA regulations the appraiser should use similar comparable sales, which are in non-compliance for comparison purposes. It shall be the appraiser's responsibility to estimate the current market value of subject property as it now exists taking into consideration all of its compliance or non-compliance of ADA regulations and making adjustments for either situation. Curing damage to the remainder could trigger requirements of ADA. This must be considered in any after value analysis.<br /> <br /> &lt;div id=&quot;Billboard&quot;&gt;&lt;/div&gt;<br /> :::'''2. Billboard Valuation'''<br /> <br /> :::For further information on the acquisition of billboards, see [[236.16 Outdoor Advertising#236.16.9 Sign Structures/Junkyards Affected by Highway Projects|EPG 236.16.9 Sign Structures/Junkyards Affected by Highway Projects]]. The following definitions are for valuation purposes and are linked to locations where other definitions of the subject are available for different purposes.<br /> <br /> ::::'''A. Definitions:'''<br /> <br /> ::::'''Billboard:''' An outdoor advertising structure that is described within the outdoor advertising industry as a flat surface (panel, wall, or fence, etc.) on which bills are posted. Specifically, a large panel designed to carry outdoor advertising intended or used to advertise or inform of activities conducted away from the premises or services and/or products provided somewhere other than the premises where the structure is located. It advertises an establishment, merchandise, service or entertainment that is not sold, produced, manufactured or furnished at the property on which it is located.<br /> <br /> ::::Billboards along with their supporting structures are considered realty. Billboards should not be confused in the appraisal process with on-premise signs.<br /> <br /> ::::Although billboards are the dominant form of outdoor advertising, other forms such as an outdoor sign, display, device, figure, painting, drawing, message, plaque, or poster may also be considered as outdoor advertising. The valuation of these other forms of outdoor advertising should follow the procedures stated herein.<br /> <br /> ::::For purposes of valuation, the terms billboard and outdoor advertising structure are used interchangeably. [[236.16 Outdoor Advertising|Outdoor advertising]] is defined at [https://revisor.mo.gov/main/OneSection.aspx?section=226.510 226.510 RSMo].<br /> <br /> ::::'''On-premise Sign:''' An on-premise sign advertises activities, services and/or products offered by the establishment on the premises that it is located. On-premise signs may be realty or personalty. On-premise sign is defined at [http://sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7-CSR 10-6.015(25)].<br /> <br /> ::::'''Status of Billboard Structures:''' The status of billboard structures is conforming, conforming out of standard, nonconforming or illegal.<br /> <br /> ::::*'''Conforming Billboard Structures''' comply with all current billboard regulations.<br /> <br /> ::::*'''Conforming Out of Standard Structures''' fail to meet the current statutory and administrative rule requirements but comply with the terms of the federal state agreement and meet the statutory requirements of 1999. (Refer to [[236.16 Outdoor Advertising#236.16.7.3 Conforming Out of Standard|EPG 236.16.7.3 Conforming Out of Standard]]; [http://sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.040(7)]).<br /> <br /> ::::*'''Nonconforming Billboard Structures''' do not comply with all current billboard regulations, but did comply at one time, have a permit, and may remain in place until destroyed. Nonconforming is defined at [http://sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.015(24)].<br /> <br /> ::::*'''Illegal Billboards Structures''' may have a permit, but are damaged, do not comply with current statutes, or have other legal limitations.<br /> <br /> ::::'''Status of Billboard Sites:''' The status of improved billboard sites is either legal or illegal. The status of a permitted but unimproved site will always be legal.<br /> <br /> ::::*'''Legal Billboard Site''' is a location on a property that has attained the legal status for construction of a billboard, including the presence of a qualifying commercial enterprise and spacing from other permitted locations. The Outdoor Advertising Specialist can identify current status and spacing requirements. (See Status below.) If zoned, the zoning must accommodate billboards.<br /> <br /> ::::*'''Illegal Billboard Site''' will generally be associated with a structure that has been erected without a permit, or it is in conflict with a permit regarding location or other issues.<br /> <br /> ::::'''Eliminated Billboard Site:''' If an improved billboard site is within the proposed acquisition area, or otherwise impacted by a project, the site shall be considered eliminated if there is inadequate remaining size, if the qualifying commercial enterprise has been eliminated, adequate spacing is not available, local requirements, or other reasons identified by the appraiser. Limitation of access may impact legal billboard sites.<br /> <br /> ::::'''B. Property Description:'''<br /> <br /> ::::The description of billboards shall include size, structural components, lighting, condition, maintenance, recent renovation and a statement of actual and effective age. All tenant owned billboards shall be identified and described as separate assets from that of the fee holder. Regardless of impact by the acquisition, billboard structures shall be inspected to the extent that they can be adequately described and that valuation may be accomplished if acquired, or a contributory value may be estimated if unaffected by the acquisition.<br /> <br /> ::::For valuation purposes, the size of a billboard site may not need to be identified, as long as the billboard use does not diminish other uses on the land, or other uses on the land do not diminish the additional contributory value as a billboard site or structure.<br /> <br /> ::::The billboard site and each component of the outdoor advertising structure may be under different ownerships. The status of each billboard site and structure, affected by the acquisition, must be reported in the appraisal. (A legal site may contain an illegal structure, etc.) Fee and staff appraisers shall secure information on status of billboards and administrative hearings from the Outdoor Advertising Permit Specialist. District right of way personnel shall request, the Outdoor Advertising Permit Specialist to prepare an Outdoor Advertising Profile Report (ADV Profile Report).<br /> <br /> ::::'''C. Compensation:'''<br /> <br /> ::::Compensation shall be paid for legal sites, conforming structures and non-conforming structures eliminated by an acquisition.<br /> <br /> ::::If a billboard structure or site that is illegal or scheduled for administrative hearing is encountered in the acquisition, consult regional counsel to determine if compensation must be included or omitted in the valuation, and state the findings and conclusion in the report.<br /> <br /> ::::If after the acquisition of an improved billboard site, the remaining spacing is such that one cannot identify which of two or more tracts might be able to obtain a permit for a replacement site, valuations must include compensation for improved sites that are eliminated but may be replaceable, and not speculate on which of several owners might achieve the permit.<br /> <br /> ::::'''D. Valuation:'''<br /> <br /> ::::Federal regulations require that all applicable, relevant and reliable approaches to value be considered in valuing billboards. Therefore, as in the valuation of all property types, all relevant approaches to value are to be considered and included in the report, when practicable. When the landowner also owns the billboard, and the billboard and site are being acquired, contact the Right of Way Section, and additional arrangements will be made for the valuation. The appraiser may estimate the value of billboards and their sites by the most relevant and reliable approach, and include the result in the total overall value. The appraisal must state why any approach is not used.<br /> <br /> ::::The valuation of billboard sites that are part of a larger ownership, may utilize market information from comparable sales of sites or capitalization of rents of comparable sites. This site value conclusion may then be added to or included in the concluded realty value of the overall ownership.<br /> <br /> ::::A special larger parcel valuation situation may arise if the landowner owns the billboard and also advertises the billboard owner's business, service or product, which is provided at other premises. When this ownership combination occurs, and the site and structure are acquired, contact the Right of Way Section and regional counsel.<br /> <br /> ::::'''Sales Comparison Approach:''' A Sales Comparison Approach may be developed using comparable sales of improved billboard sites, improved with structures similar to the subject’s structure. Elements of comparison might include traffic count, height, lighting, proximity to towns or commercial development, direction of travel, visibility, etc.<br /> <br /> ::::'''Income Approach:''' When a billboard acquisition necessitates an income approach, contact Right of Way Section, for additional guidance or arrangements will be made for the valuation. In all ownership combinations, the income derived from the rent received for the land and structure is to be considered in developing an income approach to determine the contributory value of the billboard and supporting land. Income from the sale of advertising displays posted on billboards shall not be considered as income imputable to the realty.<br /> <br /> ::::Comparable rental data can be developed with information from landowners who rent their structure to a second party who places advertising on the structure. Capitalization rates must be supported. Use of the band of investment method of developing a capitalization rate is acceptable.<br /> <br /> ::::In valuing billboard sites, the appraiser shall determine potential economic rent for the subject site. Such rent shall be estimated by comparing the subject site to comparable leased premises. Potential economic rent shall be capitalized at an appropriate rate to determine the current estimated value of the sign site. The appraiser shall explain or support the overall capitalization rate used. Legal status and remaining functional life of the site may impact the selection of the capitalization rate.<br /> <br /> ::::'''Cost Approach:''' The appraiser shall estimate the value of billboards and their sites by the cost less depreciation method and include the result in the total overall value. The Cost Approach shall always be developed, regardless if other approaches are also used. Costs for the structures shall be compiled by the unit in place method, quantity survey method or contractor estimate with depreciation measured by the most appropriate means available. Cost sources are to be supported as defined in [[#Cost Approach|EPG 236.6.3.1.9B]].<br /> <br /> ::::The district is encouraged to contract for cost estimates of replacement or reproduction cost with local sources. It is the appraiser's responsibility to apply estimated depreciation to such estimates to the extent indicated by its current physical condition.<br /> &lt;div id=&quot;Reset Option&quot;&gt;&lt;/div&gt;<br /> <br /> ::::'''Reset Option:''' Signs meeting the reset requirements are classified as Conforming Out of Standard and will be eligible for compensation to reset the sign within the same property or on an adjoining property. One bid will be collected from another sign company supporting the cost of the sign reset. The bid will be included in the appraisal.<br /> <br /> ::::'''Reconciliation:''' The basis for the appraiser’s reconciliation of the approaches to a final value estimate should be based on their consideration of the relative strengths and weaknesses of each approach utilized.<br /> <br /> ::::'''E. Distribution of Fee Holder and Tenant Interest:'''<br /> <br /> ::::The appraisal report shall identify the site’s annual contract rent, remaining term of the lease, and any other provisions pertinent to the income to be received by the landowner. In those cases where the tenant has a lease and the contract rent is less than the economic rent for the sign site, the appraiser shall compute present value of the difference for the remaining lease term. This amount is the leasehold interest. This amount will be subtracted from the landowner’s value of the sign site. The amount shall then be added to the tenant’s interest.<br /> <br /> ::::'''F. Salvage Value:'''<br /> <br /> ::::The appraiser shall determine a salvage value. Salvage value is the probable sale price of an item if offered for sale to knowledgeable buyers, including the previous structure owner, with the requirement that it be removed from the property at a buyer’s expense (i.e. not eligible for relocation assistance). This includes items for re-use as well as items with components that can be reused or recycled when there is no reasonable prospect for sale except on this basis. Assignment of a salvage value for billboard structures should specifically address the previous owner’s ability to utilize or move the salvaged item.<br /> <br /> ::::If the appraiser, in consultation with the Outdoor Advertising Permit Specialist, determines that Legal Billboard Sites are readily available, it is acceptable to estimate the salvage value as the value in place at a potential replacement site minus the cost to relocate the sign to a replacement site.<br /> <br /> ::::'''G. Billboard Valuation Guide:'''<br /> <br /> ::::The following material is provided as a guide to suggest the minimum items of consideration in valuing a billboard and billboard site, which must be incorporated into an appraisal format, in the appropriate sections. Use [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Comparable Lease] (Form 236.6.3.5.C) for reporting all types of leases.<br /> <br /> ::::*Structure Owner<br /> ::::*Site Owner<br /> ::::*Status of the Structure<br /> ::::*Status of the Site<br /> ::::*Permit number and other material from the Outdoor Advertising Permit Specialist.<br /> ::::*Lease Terms: If the lease is not of public record, the appraiser should attempt to secure a copy from the parties. In the event a written lease is nonexistent or unavailable, the appraiser shall make personal inquiry of the parties in an effort to learn of terms and conditions. Data secured from such inquiry shall be entered on the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Comparable Lease] (Form 236.6.3.5.C)<br /> ::::*Property Description<br /> ::::*Valuation<br /> ::::*Distribution of Landowner and Structure Owner Interests<br /> ::::*Estimated Value to the Landowner<br /> ::::*Estimated Value of Billboard Site<br /> ::::*Less Leasehold Interest, if any<br /> ::::*Landowner Interest in the Site<br /> ::::*Estimated Value to the Structure Owner<br /> ::::*Estimated Value of Structure<br /> ::::*Add Value of Leasehold Interest, if any<br /> ::::*Structure Owner Interest<br /> ::::*Salvage Value<br /> <br /> :::'''3. Borrow Easements, Waste Easements or Haul Roads'''<br /> <br /> :::A valuation for an easement for a borrow area or haul road must provide a word picture which would adequately explain what damages will be associated with these easement areas. The description should include the appraiser's understanding of what the site will look like, how much material will have been removed or deposited, what the possible damages to the remainder will be, whether the affected area will be ponded, whether the topsoil will be stockpiled and replaced and whether the area will be seeded and mulched.<br /> <br /> :::If the acquisition involves a borrow easement or haul road, adjustments must be adequately explained.<br /> <br /> &lt;div id=&quot;Damages&quot;&gt;&lt;/div&gt;<br /> :::'''4. Damages'''<br /> <br /> :::Damages as such are not appraised. However, the appraiser shall explain any damages to the remainder property and allocate the difference in the value of the property before and after the acquisition between the value of the acquisition and damages to the remainder. If damages are measured by a cost to cure, the appraiser must justify the cost to cure and demonstrate that the cost to cure is less than the damage would be if the cure were not undertaken.<br /> <br /> :::Rationale for conclusion of damage to remainder due to easements or other damage shall be explained. Losses to remainder value may result from limitation of direct access, proximity of proposed boundary line to improvements, severance, reduction in size of remainder, configuration of remainder, change in grade, and other effects of acquisition.<br /> <br /> ::::'''Noncompensable Damages:''' It is an established principle of law that certain damages, which may occur by reason of a government acquisition of land, are not compensable and, therefore, must be disregarded by appraisers when estimating market value for such acquisitions. Losses of business and relocation expenses have been determined to be noncompensable. Other noncompensable damages include: damage to business, loss of or damage to goodwill, future loss of profits, expenses of moving removable fixtures and personal property, depreciation in value of furniture and removable equipment, frustration of plans, frustration of contractual expectations, loss of customers, and the expense of having to readjust manufacturing operations.<br /> <br /> ::::'''Easements:''' An easement can generally be described as an interest in land of another entitling the owner of that interest to a limited use of the land in which it exists, or a right to preclude specified uses in the easement area by others. An easement is an interest less than the fee estate, with the landowner retaining full dominion over the realty subject only to the easement; the landowner may make any use of the realty that does not interfere with the easement holder’s reasonable use of the easement and is not specifically excluded by the terms of the easement.<br /> <br /> ::::'''Temporary Easements:''' The appropriate measure of value for the acquisition of a temporary easement is the rental value for the term of the temporary easement, adjusted as may be appropriate for the rights of use, if any, reserved to the owner. Damages that result from temporary construction easements are usually based on the economic or market rent of the affected area for the term of the temporary easement. Usually, the land area affected is so small and the term of the temporary easement so short that compensation for the temporary construction easements is nominal. As a result, many agencies and appraisers have adopted a '''shortcut''' for its estimation. A reasonable return rate, rather than the economic or market rent based on comparable rentals, is estimated and applied to the encumbered land’s fee value for the term of the temporary easement. The rent loss or appropriate return is often not converted to a present value through the application of a discount rate because of the short term of the temporary easement and the nominal nature of the indicated rent loss.<br /> <br /> ::::Even though technically incorrect this shortcut is generally acceptable because of the nominal nature of the temporary construction easements acquisition and the cost and time savings associated with the short cut. However, appraisers must recognize that the short cut methodology will be found unacceptable if the indicated compensation is more than nominal.<br /> <br /> ::::In estimating and approving just compensation for temporary easements, the appraiser/reviewer must consider the impact on the use of the area of the property in the temporary easement and the impact of the temporary easement on the remainder.<br /> <br /> ::::Impacts within the temporary easement area can have impact for the duration of the occupancy/use by the contractor, the duration of the anticipated construction time of the project, or the duration of the encumbrance of the temporary easement on the property.<br /> <br /> ::::Temporary easements that impact only during the contractor occupation include driveway reconnection easements, construction of curbs, removal of items, etc. Although a contractor may be on a temporary easement area during different times, (Example: removal, grading, sub-grade, and paving) the appraisal may consider merely the total of time the area is disturbed for construction, when making the calculation for compensation. Unless otherwise indicated, the appraiser is to assume that owners/customers are provided reasonable access to property during construction.<br /> <br /> ::::Temporary easements that impact during the duration of the anticipated construction for the project include temporary bypasses, slope cuts, (slope fills require permanent easement) borrow easements, work and turn areas on parking lots, construction of retaining walls, etc.<br /> <br /> ::::Temporary easements that impact for the duration of the temporary easement encumbrance include large temporary easements on vacant land with development potential, temporary easements that occupy large areas or large proportions of front yards, borrow or waste easements, or any application of easement that might impact market value or the marketability of the property. The duration of the project may include time beginning at the anticipated acquisition, and time until anticipated letting, construction time until anticipated acceptance of the project, which would release the rights in the temporary easement area.<br /> <br /> ::::Temporary easements that may result in damage to remainder outside the actual temporary easement area include temporary loss of access or use of part or all of the property, undesirable borrow areas, etc. MoDOT accepts compensation for temporary easements at 10% of fee value per year, applied to one of the durations discussed above. Appraisal reports must include explanation of the duration used and why that duration was utilized. Different durations may apply to different temporary easement areas on an individual property. Use of other percentages requires analysis and explanation.<br /> <br /> ::::'''Third Party Appurtenant Easements:''' This section applies to the proper measure of value for a third party appurtenant easement that is acquired or extinguished as an incident of an acquisition of the servient estate (fee acquisition of property through which an easement of access connects a third party’s parcel to the highway). The third-party easement owner has a separate estate that must be separately appraised. In such cases, the easement owner is not limited to the value of the easement acquired, but is entitled to the value diminution of the property served by the easement. Accordingly, two appraisal assignments are required; a before and after appraisal of the easement interest and the property it serves (the before appraisal including the easement interest and the land it serves and the after appraisal excluding those interests acquired.) and a second appraisal assignment covering the land being acquired, as encumbered by the easement. This second appraisal would also require a before and after appraisal if only a portion of this larger parcel is to be acquired<br /> &lt;div id=&quot;Costs to Cure&quot;&gt;&lt;/div&gt;<br /> ::::'''Costs to Cure:''' The Commission’s intent is to make the property owners “whole” in the after condition. As such, if the affected property had previously been surveyed by the current or previous property owners, district right of way shall ensure that this element has been addressed. One way to address this element is by including a cost-to-cure line item in the appraisal to cover the costs the property owners will incur to have a new boundary survey prepared. This element may also be addressed by coordinating with the district PLS to monument the new limits of their remaining property. [[238.2 Land Surveying#238.2.14.3 Monumenting Landowner's Property Lines When Requested|EPG 238.2.14.3 Monumenting Landowner's Property Lines When Requested]] contains further guidance related to MoDOT taking responsibility for monumenting the property owners’ new property line.<br /> <br /> ::::Other methods may be used to address those properties that currently have the benefit of a boundary survey, as long as the property owner is considered by MHTC “whole” in the after condition.<br /> <br /> ::::Cost to cure items may include wells and water systems, septic or sewer systems, waterways, terraces, fencing for boundary lines along relocated highways, etc. Costs for such items shall be based on contractor estimates or other appropriate cost sources.<br /> <br /> ::::The estimated cost to move a building improvement shall not be used as a measure of consequential damage in the Value Finding format, unless authorized in the Scope of Assignment.<br /> <br /> :::'''5. Dedication Requirement'''<br /> <br /> :::When performing appraisals within corporate limits or in zoned areas, the appraiser must research the zoning ordinances, and/or subdivision regulations, to reveal if properties subject to acquisition could be required to make a dedication of land in exchange for zoning change or development plans, to achieve the highest and best uses that are anticipated to be suggested in appraisal reports. If such ordinances and/or regulations are discovered, their impact must be addressed and reflected in valuations.<br /> <br /> :::Indications of dedication in existing ordinances, plats, deeds or other conveyances must contain the proper language to effect a proper dedication. The wording &quot;reserved for future highway&quot; will not rise to the level of a lawful dedication. The wording &quot;dedicated to the Missouri Highway and Transportation Commission (or its predecessor title State Highway Commission of Missouri) for public use forever&quot; or like wording must be used. Consult your regional counsel regarding the effectiveness of any particular wording. See [[236.4 Description Writing and Titles#236.4.6.4(k)|Description Writing ]] and [[236.5 Property Management|EPG 236.5 Property Management]].<br /> <br /> :::'''6. Environmental Considerations'''<br /> <br /> :::The appraiser is responsible for reporting any observed or suspected indications of contamination by hazardous materials or waste and the presence of other environmental considerations such as wetlands<br /> <br /> ::::'''A. [[127.8 Hazardous and Solid Waste|Hazardous Materials or Waste]]:'''<br /> <br /> ::::When developing the scope of assignment, the assistant right of way manager - certified will review the [[127.1 Request for Environmental Services|Request for Environmental Services]] (RES) and data sheets to determine the appropriate level of data and analysis to be conducted by the appraiser.<br /> <br /> ::::For valuation of known contaminated properties, appraisers will typically be asked to value a property as if clean, from clean sales, as a special hypothetical condition. Clean up costs, if known, may be handled administratively or by the appraiser. Clean-up costs that may have been future or speculative to the owner may be immediately imposed by the project and therefore wholly or partially compensable, depending on the circumstance.<br /> <br /> ::::Because of the serious impact of contamination by hazardous materials or waste, it often affects major decisions by Planning, Right of Way and Design groups. In many cases this problem has been identified before the property acquisition phase of a project. If, prior to completion of the appraisal assignment, an environmental assessment and cleanup cost estimate have been done on a contaminated subject property the effect, if any, of cleanup cost on the value of the property must be considered in the appraisal.<br /> <br /> ::::There will be instances in which contamination has not been detected by the time an inspection for appraisal is made. In the absence of specific instructions, appraisers are not required to do, or to cause to have done, environmental assessments of subject properties, and it is expected that a disclaimer stating the appraisers' lack of expertise in this field will be included in the appraisal report. However, the appraiser is responsible for observing and reporting obvious indications of potential contamination.<br /> <br /> ::::If contamination is suspected, appraisers should photograph the suspect area include in the descriptive sections of their reports the circumstances or features that they feel indicate potential problems and clearly state that the possibility of contamination exists. They should include statements to the effect that &quot;the value conclusion assumes that the property is not contaminated and if it is later found to be, the value estimate could change.&quot;<br /> <br /> ::::It is not the intention of this instruction to give comprehensive procedures for inspecting properties for contamination, but to offer appraisers some guidance.<br /> <br /> ::::The current use or historic uses of a property can be strong indicators of possible contamination. Some examples of uses that should alert the appraiser include:<br /> <br /> ::::*Vehicle repair, maintenance or salvage;<br /> ::::*Electroplating and/or metal fabricating;<br /> ::::*Chemical manufacture, storage or sales;<br /> ::::*Petroleum related storage, transportation or sales; Trucking; Manufacture, storage and/or sales of agricultural chemicals.<br /> <br /> ::::Site and improvement characteristics to look for include:<br /> <br /> ::::*Tanks, pits, lagoons, ditches, pipes, piles, containers, etc.;<br /> ::::*Containment structures such as berms or dikes;<br /> ::::*Wastewater treatment facilities;<br /> ::::*Recent unexplained ground disturbance;<br /> ::::*Color variation in soils or barren soil;<br /> ::::*Water with surface staining or sheen;<br /> ::::*Dead or dying vegetation.<br /> <br /> ::::Potential asbestos containing materials include:<br /> ::::*Sprayed-on fireproofing;<br /> ::::*Pipe wrap; Friable tape;<br /> ::::*Acoustical plaster; Shingles;<br /> ::::*Floor tile.<br /> <br /> ::::Other possible indications of hazardous materials or waste:<br /> ::::*Odors,<br /> ::::*Peeling paint,<br /> ::::*Urea-formaldehyde foam insulation.<br /> <br /> ::::These features or characteristics do not necessarily indicate contamination but should alert appraisers to the possibility. Once alerted, appraisers should include questions about the historic use of the property in interviews with owners, operators, city officials, real estate practitioners and others as they proceed with normal data research, and include their findings in their appraisal reports.<br /> <br /> ::::'''B. [[127.4 Wetlands and Streams|Wetlands]]:'''<br /> <br /> ::::The U.S. Army Corps of Engineers and the Environmental Protection Agency define wetlands as follows: &quot;A wetland is a type of water of the United States subject to Section 404 of the Clean Water Act. Other such waters include lakes, ponds, streams (including intermittent streams), rivers, creeks, springs, territorial seas, other tidal waters, and other bodies of open water. The term wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support and that, under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Also, wetlands are generally distinguished from other waters of the United States in that they normally support vegetation.&quot; The U.S. Department of Interior, Fish and Wildlife Service defines wetlands as &quot;Land where water is the dominant factor determining the nature of soil development and the types of plant and animal communities living in the soil or on its surface.&quot;<br /> <br /> ::::At this time there is no comprehensive mapping or inventory of existing wetlands. The U.S. Soil Conservation Service can provide soil classification maps that note hydric soils (potential wetlands) and the Fish and Wildlife Service has National Wetland Inventory maps which also delineate potential wetlands but do not make a final determination. Three basic characteristics are considered in making a determination if an area is wetland:<br /> <br /> ::::*hydrology,<br /> ::::*vegetation,<br /> ::::*and soil.<br /> <br /> ::::If an area is in a floodplain or otherwise has low spots in which water stands at or above the soil surface for more than seven consecutive days during the growing season and/or has plant communities that commonly occur in areas having standing water for part of the growing season (gum swamps, cordgrass, marshes, cattail marshes, bulrush and tule marshes, and sphagnum bogs) and/or has soils that are called peats or mucks there is a high probability that it is wetland, a determination of which must be reached by a more detailed investigation of soils and plant life.<br /> <br /> ::::When MoDOT appraisers are dealing with wetland in an acquisition the wetland area will have been defined by the Design Division. The appraiser's challenge is to find comparable sales that are also wetland. Because of the detailed investigation by specialists required to determine the presence of wetland as defined, and because this investigation is normally only done when construction or development is planned, the appraiser will not normally know whether a sale has wetland. The appraiser can, however, determine if some of the wetland-indicating conditions as stated above are present. If some or all of these conditions are present in a rural or low-density developed area it is likely that valid comparisons can be made between the subject and the comparable sales based upon the utility of the land. If the subject and sales are in an area where the highest and best uses are for development then the determination of wetland classification may be critical to the valuation process. A sale, for example, which is marshy land but not classified as wetland, may be developable at typical cost by filling while a similar tract, which is classified as wetland may not be developable or may be only at significantly increased cost due to requirements of Section 404 of the Clean Water Act.<br /> <br /> :::'''7. Fence'''<br /> <br /> ::::'''Permanent Fence:''' Fence should be described in sufficient detail to allow an estimate of its contributory value and/or to allow development of a cost estimate for replacement. The fencing cost estimate may be supported by a contractor's estimate or fencing cost schedule. Appraisers are encouraged to seek contractor’s estimates, especially on larger and complex fence situations.<br /> <br /> ::::The appraisal should include compensation for replacement of all fencing, by like kind at actual new cost, along the proposed boundary line, which is necessary for the subject property to attain its highest and best use or contributes to that use.<br /> <br /> ::::Compensation for fence that may not contribute to the fulfillment of the highest and best use may be considered. Fence may have interim use value, depreciated in place value, salvage value (value of salvage exceeds cost of removal), no value (removal cost equals salvage value) or negative value (removal cost exceeds salvage value). The analysis should be clear as to which valuation premise is being used.<br /> <br /> ::::Fence that is acquired as a result of widening should be considered as an improvement acquired and may be valued at its contributory value or replacement cost depending on whether it must be replaced. A requirement for fence where there was none before, due to a realignment or other reason, should be considered consequential damage and valued by the cost to cure.<br /> <br /> ::::The appraisal shall include compensation for appropriate costs of fencing the boundary line in all areas where the ownership was previously fenced, even if plans indicate the contractor will fence the boundary line. Appraiser shall include all normal costs as if the contractor was not fencing. This provision applies to permanent fence and temporary fence; as well as borrows and haul roads if MoDOT will acquire the borrow area.<br /> <br /> ::::'''Temporary Fence:''' Temporary fencing of easements should be included as cost to cure. Estimated costs of temporary fencing should be consistent with its temporary nature.<br /> <br /> ::::Temporary fencing of easements not provided by the contractor should be included as cost to cure. Estimated costs of temporary fencing should be consistent with its temporary nature.<br /> <br /> ::::Temporary fencing of easements is required when livestock containment is an issue, even if the plans indicate the contractor will provide such fence. For reasons of highway safety and potential liability claims, compensation should provide temporary fence in like kind to the existing fence, up to and including woven wire. The value of board or decorative fence would be compensated for in like kind for the permanent fence, but would not be appropriate compensation measure for temporary fence.<br /> <br /> :::'''8. [[127.2 Historic Preservation and Cultural Resources|Historic and Archaeological Considerations]]'''<br /> <br /> :::Normally, properties with historic or archaeological significance will have been identified in the project design phase. If in the course of inspection or research the appraiser becomes aware of new facts indicating that a subject may be a historically or archaeologically significant site these facts should be reported to the district right of way manager for communication to other divisions with responsibility for dealing with them. Archaeological sites will likely be explored and artifacts removed before any effects by the project, and will normally not be considered in any appraisal of the property. Once a determination has been made to acquire a historic building for a project, it should be dealt with as a typical appraisal problem by taking into account all factors that affect value. Historic characteristics of a building may have positive, negative or no impact on value depending primarily upon market reaction to laws regulating the building's use and maintenance, and should be dealt with as part of the appraisal problem.<br /> &lt;div id=&quot;Manufactured Homes&quot;&gt;&lt;/div&gt;<br /> :::'''9. Manufactured Homes'''<br /> <br /> :::In general, manufactured/mobile homes shall be considered realty if owned by the fee holder and assessed as realty. They shall be considered personalty if the tenant owns the mobile home but not the land in which the mobile home is sitting on. For additional definition of mobile home, see [[236.8 Relocation Assistance Program#(cc) Mobile home|EPG 236.8.1.3.cc]], and [https://www.law.cornell.edu/cfr/text/49/24.2 49 CFR 24.2(a) 17].<br /> <br /> :::If personalty, the manufactured/mobile homes shall be noted in the appraisal report but not valued. Personalty will be covered under relocation (see [[236.8 Relocation Assistance Program|EPG 236.8]]).<br /> <br /> :::'''10. Moving Improvements as a Measure of Damage'''<br /> <br /> :::Use of the estimated cost to move a building improvement as a measure of proximity or other consequential damage must be supported by contractor estimates and analysis of market data to show feasibility. The value of the improvement if moved must be significantly greater than the after value in-place plus the cost to move. The use of this method is limited to those situations in which moving an improvement appears to be an action that a typical prospective buyer might consider. When this method of analysis is chosen both a sales comparison and cost approach should be done and the added value and extended economic life due to new components such as foundation, plumbing, wiring, etc. must be recognized in the after value conclusion.<br /> <br /> :::'''11. On-premise Signs'''<br /> <br /> :::If a partial acquisition requires removal of on premise signs, including logo or trademark signs, such signs are to be handled under [[236.8 Relocation Assistance Program|Relocation]].<br /> <br /> :::If a business operation will be totally acquired, all on premise signs are to be valued as real estate and offered back to the owner at salvage value. An exception would be made, however, for those situations in which the business operation is to relocate to another location and wants to utilize an existing sign. In such cases a sign may be handled under [[236.8 Relocation Assistance Program|Relocation]].<br /> <br /> &lt;div id=&quot;12. Personalty Items and Fixtures&quot;&gt;&lt;/div&gt;<br /> :::'''12. Personalty Items and Fixtures'''<br /> <br /> :::The appraisal report should identify the items considered in the appraisal to be real property, as well as those identified as personal property. See [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR 24.103(a)(1)] and [[#USPAP|USPAP Standard Rule 1-2 e iii]]. This requirement may be met by identifying fixtures included in the realty value. Identify fixtures or personalty that might be considered a fixture, which the owner desires to retain, and exclude those elements from the realty value. Examples include freestanding appliances, restaurant equipment, industrial machines, etc. To avoid duplication of payments in the relocation program, the appraiser may need to coordinate with the relocation specialist and legal counsel to ensure proper allocation of complex fixture and personalty items.<br /> <br /> :::LP tanks owned by the fee holder are to be considered realty and included in the value estimate, unless the owner desires to have the fixture moved under the relocation program. Leased or tenant owned LP tanks are to be considered personal property and not valued.<br /> <br /> :::Satellite dishes including all in-ground components are to be considered as personal property and not valued.<br /> <br /> :::'''13. Project Influence'''<br /> <br /> :::As contained in [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR Section 24.103(b)] (February 1, 2005), &quot;The appraiser shall disregard any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired or by the likelihood that the property would be acquired for the project, other than that due to physical deterioration within the reasonable control of the owner.&quot;<br /> <br /> &lt;div id=&quot;Special Benefits&quot;&gt;&lt;/div&gt;<br /> :::'''14. Special Benefits'''<br /> <br /> :::Special Benefits are those benefits accruing to the land adjacent to the public improvements, which do not accrue to the public at large.<br /> <br /> :::Special benefits reflected in an appraisal must be supported with concurrence from district counsel by letter retained in the appraisal work file.<br /> <br /> :::It is the policy of MoDOT that no single-family dwelling that has contributory value, whether occupied or unoccupied at the effective date of appraisal or date of acquisition, shall be compensated at less than its contributory value due to the assessment of special benefits, and that no occupied dwelling shall be compensated at less than its value for residential highest and best use.<br /> <br /> :::If there are special benefits to a remainder and an occupied or vacant dwelling which has value in the before situation is to be acquired, the [http://eprojects/Templates/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment] shall instruct the appraiser to do a cost approach in addition to any other applicable approaches so that a value estimate for the improvement is set out. If the estimate of just compensation of the appraisal is less than the value of the dwelling and residential outbuildings such as detached garages and/or storage sheds, and a typical supporting site the reviewer shall approve compensation in at least the amount of the estimated value of the dwelling, associated residential outbuildings and supporting site.<br /> <br /> :::If there are special benefits to a remainder and an occupied dwelling which has no contributory value in the before situation is to be acquired, the Scope of Assignment shall instruct the appraiser to provide a value estimate for the dwelling and residential outbuildings such as detached garages and/or storage sheds, and a typical supporting site as if the highest and best use was residential, in addition to the value estimate resulting from dealing with the appraisal problem in the normal manner. Approved compensation shall be at least the value of the dwelling, associated outbuildings and supporting site.<br /> <br /> :::If there are special benefits to a remainder and an unoccupied dwelling which has no contributory value in the before situation is to be acquired, the property shall be appraised for its highest and best use in both the before and after situation with no special consideration being given the improvements.<br /> <br /> :::'''15. Blank'''<br /> <br /> :::'''16. Units of Comparison'''<br /> <br /> :::In markets where analysis by front foot indicators is considered appropriate, value indications by area (square foot or acre) shall also be included in comparative data and analyses.<br /> <br /> &lt;div id=&quot;USPAP&quot;&gt;&lt;/div&gt; <br /> :::'''17. Uniform Standards of Professional Appraisal Practice'''<br /> <br /> ::::'''[[#Compliance Statement|USPAP Compliance Statement]]:''' This statement is to be used in [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard], [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR], and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20Finding%20Appraisal%20Form%20236.6.3.2.docx Value Finding] formats. See [[#236.6.3.3 Waiver Valuation|EPG 236.6.3.3]] for the USPAP Compliance Statement to be used with Waiver Valuations.<br /> <br /> ::::Uniform Standards of Professional Appraisal Practice (USPAP) provide the common basis for all appraisal practice and reflects the current standards of the appraisal profession. Supplemental standards applicable to assignments prepared for specific purposes may be issued by government agencies that establish public policy. This manual represents MoDOT’s supplemental standards.<br /> <br /> ::::USPAP addresses the ethical and performance obligations of appraisers through definitions, rules and standards. The definitions establish the application of certain terminology. The Ethics Rule sets forth the requirements for integrity, impartiality, objectivity, independent judgment and ethical conduct. The Competency Rule presents pre-assignment and assignment conditions for knowledge and experience. The Jurisdictional Exception Rule preserves the balance of USPAP if a portion is contrary to law or public policy of a jurisdiction. The Supplemental Standards rule provides the means for government agencies that establish public policy to augment USPAP. The Standards establish the requirements for appraisal, appraisal review and the manner in which each is communicated. In performing assignments for the MoDOT and Missouri Highways and Transportation Commission, appraisers are bound by these USPAP standards and rules.<br /> <br /> ::::USPAP Standards Rule 1-4 when applicable In developing a real property appraisal, an appraiser must collect, verify, and analyze all information necessary for credible assignment results MoDOT has determined, through the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment], the formats and approaches to value which are applicable, that is, the approaches which are necessary to produce a credible appraisal for valuing property or property rights to be acquired for the Missouri Highways and Transportation Commission purposes or for disposal of this property or property rights.<br /> <br /> ::::As an agency of the government of the State of Missouri with the power to make administrative rules with the force of law, MoDOT’s policy in this matter falls under the Jurisdictional Exception and explanation by the appraiser that the approaches to value are those required by the Scope of Assignment is adequate explanation and support for the exclusion of any of the usual valuation approaches.<br /> <br /> ::::It is not the purpose of MoDOT to circumvent USPAP in utilizing abbreviated report formats or requiring less than three approaches to value. Rather, the purpose of this procedure is to keep the authority for making the decision on which approaches to value shall be done on an administrative level. The appraiser has the responsibility to request a change in the Scope of Assignment if field inspection reveals that the appraisal problem is substantially different than described in the Scope of Assignment and the approaches called for do not adequately deal with the problem.<br /> <br /> ::::Through the Scope of Assignment process, the agency and the appraiser have determined that the appraisal process to be performed will provide a credible report. The review process finally assures that a credible report has been accomplished for the intended use.<br /> <br /> ::::Not all specific requirements of USPAP are applicable to every assignment. Typical practice for a given assignment is measured by the expectations of parties who are regularly intended users for similar assignments, participants in the market of appraisal services, and what an appraiser’s peers’ actions would be in performing the same or a similar assignment.<br /> <br /> ::::'''Jurisdictional Exception:''' Section A of the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA) notes that the Standards conform to Uniform Standards of Professional Appraisal Practice (USPAP), but that, in certain instances, it has been necessary to invoke USPAP’s Jurisdictional Exception Rule to conform the UASFLA to federal law relating to the valuation of real estate for government acquisition purposes. The following identifies the areas of the UASFLA that deviate from USPAP under the Jurisdictional Exception Rule.<br /> <br /> ::::USPAP’s Jurisdictional Exception Rule provides that &quot;if any part of USPAP standards is contrary to the law or public policy of any jurisdiction, only that part shall be void and of no force or effect in that jurisdiction&quot;. By way of explanation, the comment section of USPAP’s Jurisdictional Exception Rule further provides: &quot;By logical extension, there can be no violation of USPAP by an appraiser disregarding, with proper disclosure, only the part or parts of USPAP that are void and of no force and effect in a particular assignment by operation of legal authority&quot;. The comment also states, however, that &quot;it is misleading for an appraiser to disregard a part or parts of USPAP as void and of no force and effect in a particular assignment without identifying in the appraiser’s report the part or parts disregarded and the legal authority justifying this action&quot;.<br /> <br /> ::::The conflicts between the UASFLA and USPAP that require invocation of USPAP’s Jurisdictional Exception Rule are minimal. Invocation of the Jurisdictional Rule should never be invoked lightly, or without reference to the overriding federal policy, rule, or regulation, which requires it. USPAP is not a particularly restrictive document, but it and the UASFLA require full and prominent disclosure to avoid misleading intended users (or even casual readers) of the appraisal report.<br /> <br /> ::::While the UASFLA standards are not themselves law, they are based on federal case law, legislation, and administrative rules. Also, the UASFLA standards have been specifically incorporated by reference into a number of statutes and regulations, in particular the regulations that implement the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. It is clear that the deviations between the UASFLA and USPAP noted below fall under USPAP’s Jurisdictional Exception Rule; the legal authority justifying these exceptions consists of the UASFLA and the federal case law, legislation, and federal regulations upon which the UASFLA are based.<br /> <br /> ::::*'''Linking Estimate of Value to Specific Exposure Time'''<br /> :::::Section A-9 of the UASFLA provides that the appraiser shall not '''link''' an estimate of market value for federal land acquisition purposes to a specific exposure time. This is contrary to USPAP Standards Rule 1-2 and Standards Rule 2-2, and is considered a jurisdictional exception. The legal basis and reasoning for this jurisdictional exception may be found in Section B-2 of the UASFLA.<br /> <br /> ::::*'''Consideration of Land Use Regulations and Anticipated Public Projects'''<br /> :::::Section A-12 of the UASFLA provides that the appraiser disregard any changes in a property’s neighborhood brought about by the government’s project. Section A-13h of the UASFLA further instructs appraisers that they must disregard recent rezoning (or the probability of rezoning) of the property under appraisal if such action was the result of the government’s project. Section B-10 of the UASFLA, “Enhancement or Diminution in Value Due to the Project,” explains the legal basis for these instructions. These instructions are contrary to USPAP Standards Rule 1-3(a), which requires appraisers to identify and analyze the effect on use and value of existing land use regulations and probable modifications thereof, and to Standards Rule 1-4(f), which requires appraisers to analyze the effect on value of anticipated public improvements located on or off site. Therefore, the instructions to appraisers in the UASFLA in this regard are considered jurisdictional exceptions.<br /> <br /> ::::*'''Review Functions'''<br /> :::::Section C-5 of the UASFLA notes that 49 C.F.R. 24.104 requires the reviewer to determine whether the appraisal under review constitutes an adequate basis for the establishment of an offer of just compensation. To do that, it may be necessary for the reviewer to consider information that was not available to the appraiser at the time the appraisal report was prepared. Standards Rule 3-1(c) of USPAP prohibits the reviewer from using information not available to the appraiser in development of an opinion as to the quality of the appraisal report under review. Review appraisers are cautioned that some may construe their consideration of such information in conducting their review and developing recommendations to management as contrary to Standards Rule 3-1(c). Therefore, review appraisers may wish to invoke USPAP’s Jurisdictional Exception Rule in this regard, depending upon the specific circumstances of the review.<br /> <br /> :::::As noted in Section C-1 of the UASFLA, administrative reviews are not subject to USPAP and do not meet the requirements of 49 C.F.R. 24.104. In addition, Draft Appraisal Reports are not subject to USPAP, even though they may be reviewed for general conformance therewith, as well as conformance with the UASFLA. However, a technical review report covering a draft appraisal report does fall under the purview of USPAP and the UASFLA. However, the review appraiser typically does not approve, recommend for approval, disapprove, accept, or reject a draft appraisal report. Draft appraisal reports, for purposes of the UASFLA, are written appraisal reports, or parts thereof, which are not signed by the appraiser and do not include a signed appraiser’s certificate, or a signed letter of transmittal.<br /> <br /> ::::*'''Conduct of Preliminary Value Estimates and Appraisals for Federal Land Exchanges''' <br /> :::::As noted in Section D-7 of the UASFLA, a preliminary value estimate prepared under 43 C.F.R. 2201.1(b) is not considered an appraisal even though it may be prepared by a qualified appraiser. Therefore, the preparations of such preliminary value estimates are a jurisdictional exception to USPAP.<br /> <br /> ::::*'''Specific Legislation and Regulations'''<br /> :::::Each land acquisition agency has its own policies, rules, and regulations relating to its land acquisition activities. While all of these rules and regulations work from a base of 49 C.F.R. Pt. 24, as do the UASFLA, specific agency program activities sometimes make it necessary to adopt rules and regulations which are, or may be construed to be, contrary to USPAP.<br /> <br /> ===236.6.3.2 Value Finding Appraisal Format===<br /> <br /> The instructions for the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format] (Form 236.6.3.1) are the source for general appraisal guidance on all the formats. The following instructions are specific to the Value Finding Appraisal Format.<br /> <br /> Use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20Finding%20Appraisal%20Form%20236.6.3.2.docx Value Finding Appraisal Format] (Form 236.6.3.2) is allowed when:<br /> <br /> *the acquisition is simple<br /> *fair market value can adequately be estimated by the sales comparison approach with only minor adjustments<br /> *damage to the remainder can be measured by the cost to cure or is consequential damage not exceeding $25,000 per element of damage, unless authorized by a policy waiver from Right of Way Section. Damages due to simple strip permanent or temporary easements and cost to cure items when valued by a reliable cost manual or contractors’ estimate are not subject to the $25,000 damage limit in the value finding format.<br /> *the highest and best use is the present use and is not materially affected by the acquisition. Change in highest and best use resulting from a nominal uneconomic remnant is allowed in this format.<br /> <br /> Use of the Value Finding Appraisal Format, Form 236.6.3.2 is '''not''' allowed:<br /> <br /> *when there is consequential damage exceeding $25,000 to a structural improvement, unless authorized by a policy waiver from Right of Way Section (see [[#Damages|EPG 236.3.1.D Damages]]).<br /> *when residences are to be acquired, unless authorized by a policy waiver from Right of Way Section.<br /> <br /> Any waiver from the above restrictions of the Value Finding Format must be obtained in writing from Right of Way Section.<br /> <br /> ====A. Instructions For Preparing Value Finding Appraisal Format====<br /> <br /> The appraiser shall adhere to the following format, and shall include paragraph headings and numbers as shown. The appraisal shall be typewritten on 8 1/2&quot; x 11&quot; paper with the pages numbered sequentially.<br /> <br /> These format instructions set out appraisal requirements of the Missouri Department of Transportation (MoDOT) and the Federal Highway Administration (FHWA). It is inevitable that appraisers will occasionally encounter situations that are not specifically addressed herein. In all cases the appraiser is responsible for a credible, adequately documented appraisal. Reasonableness and typical professional appraisal practices are the standard.<br /> <br /> There are a number of ownership items and appraisal problems frequently encountered in appraising for property acquisition, on which policies have been established by case law, management decision and precedent. These policies apply to all appraisal formats and are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1.D, Other Appraisal Considerations]].<br /> <br /> See [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|EPG 236.6.3.1]] for the standard identification block<br /> <br /> :'''1. Owner and Tenant Owner'''<br /> <br /> :See [[#Owner and Tenant Owner|Owner and Tenant Owner]] for instructions.<br /> <br /> :'''2. Purpose of Appraisal'''<br /> <br /> :See [[#Purpose of Appraisal|Purpose of Appraisal]] for instructions and all standard language for this paragraph.<br /> <br /> :'''3. Interest Appraised'''<br /> <br /> :See [[#Interest Appraised|Interest Appraised]] for instructions.<br /> <br /> :'''4. Scope of Work'''<br /> <br /> :See [[#Scope of Work|Scope of Work]] for instructions.<br /> <br /> :The Scope of Work for a Value Finding Appraisal Format is the same as that of a Standard Appraisal Format. However, due to the simplicity of the impact on the appraised property as determined in the Scope of Assignment, the required reporting level is reduced in the Value Finding report.<br /> <br /> :'''5. Identification of the Property'''<br /> <br /> :See [[#Identification of the Property|Identification of the Property]] for instructions.<br /> <br /> :'''6. History of the Property'''<br /> <br /> :See [[#History of the Property|History of the Property]] for instructions.<br /> <br /> :'''7. Description of Realty Before Acquisition'''<br /> <br /> :See [[#Description of Property Before Acquisition|Description of Property Before Acquisition]] for instructions.<br /> <br /> ::'''A. Zoning:'''<br /> <br /> ::*Code <br /> ::*Category<br /> ::*Compliance<br /> <br /> ::'''B. Land:'''<br /> <br /> ::For the Value Finding format, the land description should concentrate on areas in the acquisition and areas affected by the acquisition. Unaffected areas may require little or no description.<br /> <br /> ::*Access Before Acquisition:<br /> ::*Utilities In Use Before Acquisition:<br /> ::*Utilities Available Before Acquisition:<br /> <br /> ::'''C. Fee Owned Improvements, Fixtures and Personalty:'''<br /> <br /> ::See [[#Description of Property Before Acquisition|EPG 236.6.3.1.7C]] for instructions for Fee Owned Improvements, Fixtures and Personalty. If unaffected by the acquisition, improvements shall be inspected to the extent that they can be adequately described. The appraiser may estimate the contributory value of unaffected improvements without support.<br /> <br /> ::This format shall not be used when there is consequential damage exceeding $25,000 to a structural improvement. If there will be consequential damage to a structural improvement, include a detailed description of the affected improvement in this paragraph and explain damage applied in Paragraph 9.<br /> <br /> ::*Fixtures and Personalty ([[#12. Personalty Items and Fixtures|EPG 236.6.3.1.19.D.12]] and [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR Subpart B 24.103 (a)]<br /> <br /> ::'''D. Tenant Owned Improvements, Fixtures and Personalty:'''<br /> <br /> ::See [[#Description of Property Before Acquisition|EPG 236.6.3.1.7D]] for instructions for Tenant Owned Improvements, Fixtures and Personalty. See also [[#12. Personalty Items and Fixtures|EPG 236.6.3.1.19.D.12]] and [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR Subpart B 24.103 (a)].<br /> <br /> ::'''E. Other Appraisal Considerations:'''<br /> <br /> ::Methods and directions for addressing other property elements are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> :'''8. Highest and Best Use'''<br /> <br /> :For a Value Finding appraisal, a statement of the highest and best use conclusion is sufficient. A concluded highest and best use in conflict with existing zoning must be explained. The Value Finding Appraisal Format requires that the highest and best use of an improved property be the current use and that the highest and best use is not affected by the acquisition.<br /> <br /> :For additional information on highest and best use, see [[#8. Highest and Best Use Analysis Before Acquisition|Highest and Best Use Analysis Before Acquisition]].<br /> <br /> :'''9. Description of the Acquisition and Effects on the Remainder'''<br /> <br /> :For a Value Finding appraisal, include the area of new acquisition and/or easements, and briefly describe their location, configuration and relation to improvements or other important characteristics of the property. See [[#Description of Property Before Acquisition|Description of Property Before Acquisition]] and [[#Description of Property After Acquisition|Description of Property After Acquisition]] for instructions on Utilities and Access.<br /> <br /> :*Access After Acquisition:<br /> :*Impact on Utilities:<br /> :*Utilities In Use After Acquisition:<br /> :*Utilities Available After Acquisition:<br /> <br /> :'''Other Appraisal Considerations:'''<br /> <br /> :Methods and directions for addressing other property elements are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> :'''10. Analysis and Supporting Data for Compensable Losses'''<br /> <br /> ::'''A. Analysis of Overall Land Value:'''<br /> <br /> ::In a Value Finding appraisal, a minimum of one unimproved sale comparable to the subject as if the subject was unimproved, shall be considered when arriving at an overall unit value, unless a different requirement of sale date is specified in the Scope of Assignment. See [[236.6 Appraisal and Appraisal Review#236.6.3.5 Instructions for Preparing Sale Forms|EPG 236.6.3.5]] for requirements of comparable sale and [[#Sales Comparison|EPG 236.6.3.1.9.A]] for the application of comparable sales in the valuation. All significant differences between the sale and subject must be identified and the effect on market value analyzed and explained.<br /> <br /> ::In a Value Finding appraisal, total difference of up to 30% may be adjusted in a lump sum, with explanation. When a sale sufficiently comparable to meet this requirement is not available the appraiser may use the most comparable sale(s) available and show individual adjustments together with market data or in-depth explanation of the appraiser's rationale to support the adjustments and value conclusion. A brief explanation should be given if in the appraiser's judgment no adjustment to the sale(s) is necessary.<br /> <br /> ::Conclusion-Overall Unit Value of Land: $ ________________<br /> <br /> ::'''B. Analysis of Value of Land Acquired (if different from overall value):'''<br /> <br /> ::In a Value Finding appraisal, if the unit value of the area acquired is different from the overall unit value of the entirety it must be supported by a sale comparable to the acquisition and explanation must be given why the estimated unit value of the acquisition area is different. The same procedure for adjustments as outlined above applies to the sale(s) used to analyze the unit value of the acquisition.<br /> <br /> ::Conclusion-Unit Value of Land Acquired: $ _____________<br /> <br /> ::'''C. Analysis of Value of Improvements, Fixtures and Personalty in the Acquisition:'''<br /> <br /> ::In a Value Finding appraisal, the appraiser may estimate the contributory value of any acquired improvement having a value of $25,000 or less. Improvements with a value over $25,000 may be valued by The Cost Less Depreciation approach with cost sources, calculations and depreciation rates shown, or by a method set out in the Scope of Assignment, or [[#Cost Approach|EPG 236.6.3.1.9B]].<br /> <br /> ::Depreciation may be estimated by observed condition or age life methods. Market data supporting improvement value and/or depreciation estimates may be included.<br /> <br /> ::Value of each improvement, its ownership and the total value of improvements acquired shall be shown. Also see [[#Other Appraisal Considerations|EPG 236.6.3.1D]].<br /> <br /> ::Conclusion-Estimated Value of Improvements Fixtures and Personalty Acquired:__________<br /> <br /> ::'''D. Analysis of Damage to the Remainder:'''<br /> <br /> ::In the Value Finding format, rationale for conclusion of damage to remainder due to easements or other damage shall be explained. Description of temporary and permanent easements should include the use and anticipated duration of that use.<br /> <br /> ::Losses to remainder value may result from limitation of direct access, proximity of the proposed boundary line to improvements, severance, reduction in size of remainder, configuration of remainder, change in grade, and other effects of acquisition. Losses of this nature may be estimated by the appraiser without the benefit of sales data or other supporting evidence provided an estimate for any one given loss does not exceed $25,000, but in all cases rationale must be reasonable and fully explained. Consequential damage due to more than one of the above factors may suggest that the standard appraisal format should be used.<br /> <br /> ::Cost to cure items may include wells and water systems, septic or sewer systems, waterways, terraces, fencing for proposed boundary lines along relocated highways, etc. Costs for such items shall be based on contractor estimates or other appropriate cost sources. Value of each cost to cure item and the total shall be shown. The costs of cost to cure elements, documented in the same manner that would be applied in a Standard Format, are not included in this limitation of damages in this Value Finding format.<br /> <br /> ::The estimated cost to move a building improvement shall not be used as a measure of consequential damage in the Value Finding format, unless authorized in the Scope of Assignment. See [[#Reconciliation of Value Before Acquisition|EPG 236.6.3.1.D10]].<br /> <br /> ::Conclusion-Estimated Damage to Remainder: $___________<br /> <br /> ::'''Other Appraisal Considerations:'''<br /> <br /> ::Methods and directions for addressing other property elements are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1D]].<br /> <br /> :'''11. Estimate of Total Just Compensation'''<br /> <br /> :The Before Value Estimate shall include the value of land and all improvements including outdoor advertising structures. Contributory values of unaffected improvements may be estimated.<br /> <br /> ::Total Before Value Estimate: $ ________________<br /> <br /> ::After Value Estimate: $ ________________<br /> <br /> ::Indicated Just Compensation Due to Acquisition:$ ________________<br /> <br /> :'''12. Allocation of Just Compensation'''<br /> <br /> :The appraiser shall offer an opinion of reasonable allocation of the estimate of just compensation between realty acquired and damages, if any, to the remainder. This policy shall apply to the interests of both fee holders and tenants who own improvements.<br /> <br /> ::'''A. Allocation of Fee Holder’s Interest:'''<br /> <br /> :::1. Land Acquired: $ ________________<br /> <br /> :::2. Improvements, Fixtures and Personalty: $ ________________<br /> <br /> :::Improvements or structures within the new acquisition and/or easement areas shall be identified, with a separate value shown for each. Fence acquired in a strip acquisition shall be included as an improvement acquired.<br /> <br /> :::3. Total Land and Improvements Fixtures and Personalty: $ __________<br /> <br /> :::4. Damages to the Remainder: $ __________<br /> <br /> :::Damages to the remainder including permanent and temporary easements shall be identified and individually valued and their values combined to a total. Losses caused by temporary borrow pits must be set apart from other damages. Fencing required as a cost to cure due to road realignment, temporary fencing, etc., shall be included as a damage to the remainder.<br /> <br /> :::5. Total Just Compensation Due Fee Holder: $ __________<br /> <br /> ::'''B. Allocation of the Tenant Owner’s Interest:'''<br /> <br /> :::1. Tenant Owned Improvements Fixtures and Personalty:<br /> <br /> ::::Item __________________ $ ________________<br /> ::::Item __________________ $ ________________<br /> <br /> :::Identify each tenant owned improvement within the new acquisition and/or easement area and estimate its value. Use the greater of its contributory value or value for removal (salvage value).<br /> <br /> :::2. Damage to Tenant Owned Improvements Fixtures and Personalty:<br /> <br /> ::::Item __________________ $ ________________<br /> ::::Item __________________ $ ________________<br /> <br /> :::Identify and show a value loss, if any, for each tenant owned improvement lying outside the acquired area.<br /> <br /> :::3. Leasehold Interest: $ __________<br /> <br /> :::Calculate value of leasehold Interest, if any, should the lease be extinguished or rendered valueless by the acquisition.<br /> <br /> :::4. Total Just Compensation Due Tenant-Owner: $ __________<br /> <br /> :'''13. Uneconomic Remnant'''<br /> <br /> :See [[#Uneconomic Remnant|EPG 236.6.3.1.17]] for instructions on Uneconomic Remnant.<br /> <br /> :Area __________________ @ $ ____________ = $ ________________<br /> <br /> :'''14. Salvage Value''' <br /> <br /> :See [[#Salvage Value|EPG 236.6.3.1.18]] for instructions on Salvage Value.<br /> <br /> :Improvement Salvage Value $_________________<br /> <br /> :Improvement Salvage Value $_________________<br /> <br /> :Total Salvage Value $ _________________<br /> <br /> :'''15. Required Attachments'''<br /> <br /> :See [[#Required Attachments|EPG 236.6.3.1.19]] for Required Attachments.<br /> <br /> ===236.6.3.3 Waiver Valuation===<br /> <br /> The purpose of the appraisal waiver provision is to provide a technique to avoid the costs and time delay associated with appraisal requirements for low-value, non-complex acquisitions. The intent is that non-appraisers and appraisers in training may make waiver valuations. The district right of way manager or assistant right of way manager certified makes a determination to use the waiver valuation.<br /> <br /> Waiver valuations are not appraisals as defined by the Uniform Act and 49 CFR; ([https://www.law.cornell.edu/cfr/text/49/24.102 49 CFR 24.102 (c)]) therefore, appraisal performance requirements or standards, regardless of their source, are not required for waiver valuations. Since waiver valuations are not appraisals, neither is there a requirement for an appraisal review. The definition of &quot;appraisal&quot; in the Uniform Act and appraisal waiver provisions of the Uniform Act and 49 CFR are Federal law and public policy and should be considered as such when determining the impact of appraisal requirements levied by others, including USPAP.<br /> <br /> Use of the Waiver Valuation is allowed when the acquisition is simple and $25,000 or less. Fence re-establishment costs, whether improvement acquired or allocated to damages, may be excluded from this limit. No other cost to cure elements may be excluded from the limit.<br /> <br /> Limitations to the intended use of the Waiver Valuation include:<br /> <br /> *land value is easily determined,<br /> *only nominal structural improvements are acquired,<br /> *only nominal access rights are acquired<br /> *other than fence, costs to cure cannot make the total compensation exceed $25,000<br /> *there are no apparent damages to the remainder – other than simple easements, access rights of nominal impact and creation of nominal uneconomic remnants<br /> <br /> An agency official must establish just compensation to offer the property owner that is accomplished by the valuer’s signature and co-signature of the district right of way manager or assistant right of way manager certified, or their designee.<br /> <br /> The same person may perform both the value estimate and negotiation functions. Although the right of way representative must contact the owner, an invitation to accompany the representative during the property inspection is not required.<br /> <br /> This section provides guidance and format for a Payment Estimate waiver valuation. Other waiver valuation formats may be developed by districts to accommodate management style and project type. Development of alternative waiver valuation formats other than the Payment Estimate requires the approval of the Right of Way Section.<br /> <br /> '''A. Payment Estimate Instructions:'''<br /> <br /> :Use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Waiver%20Valuation%20Form%206.3.3.docx Payment Estimate] (Form 236.6.3.3) is allowed when the acquisition is simple and the value of the acquisition is $25,000 or less. Fence re-establishment costs, may be excluded from this limit. No other cost to cure elements may be excluded from the $25,000 limit. The same person may perform both the value estimation and negotiation functions if the value estimate is less than $25,000.<br /> <br /> :The following sample format will be adequate for most applications but may be expanded to include space for uneconomic remnants, etc. when required.<br /> <br /> :'''Payment Estimate - Waiver Valuation'''<br /> <br /> :See [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|EPG 236.6.3.1]] for the standard identification block.<br /> <br /> :'''1. Owner and Tenant Owner:'''<br /> <br /> :Identify owner and tenant owner by address, phone number, etc.<br /> <br /> :For a Waiver Valuation, the property owner and tenant owner must be contacted and the contact documented in the valuer’s work file. Personal contact is preferred, however, when time or other limitations make this impractical, contact by telephone or mail is permitted. The valuer should inform the property owner and tenant owner as to the nature of the acquisition and that a written offer showing the amount of damages will be delivered by MoDOT right of way personnel or by mail.<br /> <br /> :In the Waiver Valuation, an invitation to accompany the right of way representative during the property inspection is not required. A copy of the brochure Pathways for Progress should be provided the property owner by the person making the initial contact. If the contact is by telephone, the brochure should be mailed.<br /> <br /> :'''2. Identification of the Property'''<br /> <br /> :See [[#Identification of the Property|Identification of the Property]] for instructions.<br /> <br /> :'''3. Description of Acquisition'''<br /> <br /> :Briefly describe the acquisition. In the waiver valuation, affects on the remainder are limited to easements and nominal damage elements.<br /> <br /> :'''4. Basis for Value:'''<br /> <br /> :Valuer shall cite one or more vacant land sales. Explanation of values of easements, nominal improvement, costs to cure, etc. should be addressed here.<br /> <br /> :'''5. Summary'''<br /> <br /> :Value of Land Acquired: $ _______________<br /> <br /> :Value of improvements, fixtures or personalty to be acquired:<br /> ::Fee owner (Salvage Value $_________) $ _______________<br /> <br /> ::Tenant owner (Salvage Value $______) $ _______________<br /> <br /> :Damages to the Remainder:<br /> <br /> ::Permanent Easement:<br /> ::_____________(area) @ $ _______ = $ _______________<br /> ::Temporary Easement:<br /> ::_____________(area) @ $ _______ = $ _______________<br /> <br /> :Other Damages: ___________________ $ _______________<br /> <br /> :Sub-total: ($25,000) limit $________________<br /> <br /> :Fencing: _________l.f. @ $_________/(l.f.) $ _______________<br /> :Fencing: _________l.f. @ $_________/(l.f.) $ _______________<br /> :Fencing: _________l.f. @ $_________/(l.f.) $ _______________<br /> :Total Fencing: $ _______________<br /> <br /> :Total Just Compensation $ _______________<br /> <br /> :Uneconomic Remnant $ _______________ <br /> <br /> :The assignment of value of a nominal uneconomic remnant created by an acquisition that fits the criteria and limitations of a Waiver Valuation may be assigned in this format.<br /> <br /> :'''6. USPAP Compliance Statement:'''<br /> <br /> :The valuer shall include in the waiver valuation report the following statement:<br /> <br /> :'''[[#USPAP|USPAP Compliance Statement]]:''' This waiver valuation was prepared according to the agreement/assignment from the Missouri Department of Transportation (MoDOT). The intended use of the waiver valuation is for eminent domain related acquisition and MoDOT is the only intended user (except as indicated above). MoDOT bears responsibility for agreement/assignment requirements that meet its needs and therefore are not misleading. In combination with the Scope of Assignment and administrative approval function, all waiver valuation reports assigned by MoDOT identify the problem to be solved, determine the scope of work necessary to solve the problem and correctly complete research and analysis necessary to produce a credible waiver valuation, and are therefore in compliance with USPAP Standard 1. In that the agency is the only intended user of the report and others may only be provided copies for informational purposes, the agency has determined that reports prepared in conformance with these procedures fulfill MoDOT’s needs. Any inconsistencies with USPAP are covered by the USPAP Jurisdictional Exception provision.<br /> <br /> :Prepared by: <br /> <br /> :Approved for Just Compensation by: <br /> <br /> :The preparer and the district right of way manager or their designee are required to sign the report constituting approval of just compensation by an agency official.<br /> <br /> :'''Required Attachments:'''<br /> :*Site Plan<br /> :*Photograph of Acquisition Area<br /> :*Comparable Sale or Other Value Support<br /> <br /> :'''Optional Attachments:'''<br /> :*Cover letters<br /> :*Tables of Contents<br /> :*Qualifications<br /> :*Engagement Letter or Notice to Proceed<br /> <br /> '''B. Use of Nominal Equal Payments to Assign Just Compensation with the Waiver Valuation'''<br /> <br /> Districts may establish categories of extremely simple and nominal acquisitions, like temporary driveway connection easements, and assign nominal equal compensation for those categories. The compensation must be greater than the conclusion of a valuation assignment or other calculation of the compensation, if one were done. These nominal equal payments may be included in Waiver Valuations for parcels with additional types of acquisitions or may be established as the Just Compensation if it is the only acquisition on given parcels. <br /> <br /> '''C. Use of Agent’s Value Estimate (AVE)'''<br /> <br /> Use of the AVE will be based on current sales data, parcel size, and other applicable appraisal criteria, to ensure that property owners are offered a fair market value for the acquisition of less than $25,000. <br /> <br /> The AVE will be prepared either in a MoDOT memorandum format or a cost estimate spreadsheet format. Data included in the AVE will include: date, parcel number, county route and project number. The sales data use is arriving at a value will be listed. It will be referred that three sales be shown as comparables, but listing one comparable sale is acceptable in limited markets. Fencing values and other minor items of acquisition will be estimated by using contractor’s cost estimates and/or Marshall and Swift cost data. The Assistant Right of Way Manager – Certified, or their designee will make a brief statement concerning the acquisition and the rationale for using the comparable sales. <br /> <br /> A valuation summary will list the amount of land being acquired and the estimated value per acre. Any areas for temporary or permanent easements will be listed with the appropriate value and percentage of damages. Fencing, minor improvements acquired and other applicable items of compensation will be shown in the summary as a line item addition to the total compensation. All items of compensation will then be added t produce the total compensation to be offered for each parcel.<br /> &lt;div id=&quot;D. Nominal Acquisition Payment (NAP)&quot;&gt;&lt;/div&gt;<br /> '''D. Nominal Acquisition Payment (NAP)'''<br /> <br /> Use of the NAP will be based on current sales data, parcel size, and other applicable appraisal criteria, to ensure that property owners are offered a fair market value for the acquisition of less than $25,000. The use of the NAP shall be subject to the approval of the Asst. to the State Design Engineer-ROW. <br /> <br /> The NAP is a table format indicating owner, size of subject, property and easements to be acquired, unit price of comparable sale, easement percentage, calculation of minor improvements, explanation of damages and calculated payment.<br /> <br /> ===236.6.3.4 Uniform Residential Appraisal Report (URAR) and Addendum===<br /> <br /> The instructions for the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format] (Form 236.6.3.1) are the source for general appraisal guidance on all the formats. The following instructions are specific to the URAR Appraisal Format.<br /> <br /> Use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR] (Form 236.6.3.4) must be authorized by the approved Scope of Assignment and will be primarily intended for valuations for the acquisition of single-family residentially improved tracts that are total acquisitions or where the only remainder is a nominal uneconomic remnant. Applicability is restricted to situations in which the residential improvements clearly represent highest and best use.<br /> <br /> The appraiser shall adhere to the following instructions. The appraisal may be on a preprinted or computer-generated URAR form of a version currently used in appraisal practice. Harrison's Illustrated Guide to the Uniform Residential Appraisal Report may be used as an instruction for proper completion of the URAR, for items not specified in these instructions.<br /> <br /> There are a number of ownership items and appraisal problems frequently encountered in valuing acquisitions for transportation purposes, on which policies have been established by case law, management decision and precedent. These policies apply to all appraisal formats and are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1D Other Appraisal Considerations]].<br /> <br /> ====236.6.3.4.1 Uniform Residential Appraisal Report and Addendum====<br /> <br /> See [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|EPG 236.6.3.1]] for the standard identification block.<br /> <br /> :'''1. Owner and Tenant Owner'''<br /> <br /> :Identify owner and tenant owner by address, phone number, etc.<br /> <br /> :'''2. Purpose of Appraisal'''<br /> <br /> :See [[#Purpose of Appraisal|Purpose of Appraisal]] for instructions.<br /> <br /> :'''3. Interest Appraised'''<br /> <br /> :See [[#Interest Appraised|Interest Appraised]] for instructions.<br /> <br /> :'''4. Scope of Work'''<br /> <br /> :See [[#Scope of Work|Scope of Work]] for instructions.<br /> <br /> :The Scope of Work for a URAR Appraisal Format is the same as that of a Standard Appraisal Format. However, due to the standardization and familiarity of the appraiser and the owner with appraisal of single-family homes, the required reporting level is reduced in the URAR report.<br /> <br /> :'''5. Identification of the Property'''<br /> <br /> :See [[#Identification of the Property|Identification of the Property]] for instructions.<br /> <br /> :'''6. History of the Property'''<br /> <br /> :See [[#History of the Property|History of the Property]] for instructions.<br /> <br /> :'''7. Description of Property Before Acquisition'''<br /> <br /> :See [[#Description of Property Before Acquisition|description of property before acquisition]] for instructions. For the URAR, only those elements that are not identified on the URAR valuation form need to be addressed here.<br /> <br /> ::'''A. Zoning:'''<br /> <br /> ::*Code<br /> ::*Category <br /> ::*Compliance<br /> ::*None<br /> <br /> ::'''B. Land:'''<br /> <br /> ::See [[#Description of Property Before Acquisition|land description]] for instructions.<br /> <br /> ::*Access Before Acquisition:<br /> ::*Utilities In Use Before Acquisition:<br /> ::*Utilities Available Before Acquisition:<br /> <br /> ::'''C. Fee Owned Improvements, Fixtures and Personalty:''' <br /> <br /> ::See [[#Description of Property Before Acquisition|EPG 236.6.3.1.7C]] and [[#Description of Property Before Acquisition|EPG 236.6.3.1.7D]] and [[#12. Personalty Items and Fixtures|EPG 236.6.3.1.19.D.12]] for instructions on Fee Owned Improvements, Fixtures and Personalty.<br /> <br /> ::'''D. Tenant Owned Improvements, Fixtures and Personalty'''<br /> <br /> ::See [[#Description of Property Before Acquisition|EPG 236.6.3.1.7C]] and [[#Description of Property Before Acquisition|EPG 236.6.3.1.7D]] and [[#12. Personalty Items and Fixtures|EPG 236.6.3.1.19.D.12]] for instructions on Tenant Owned Improvements, Fixtures and Personalty.<br /> <br /> ::A sign, billboard or other property owned by others, which the Fee Holder does not have a right or obligation to remove, must be identified and valued separately. See [[#Billboard|EPG 236.6.3.1.D2]].<br /> <br /> ::'''E. Other Appraisal Considerations:'''<br /> <br /> ::See [[#Other Appraisal Considerations|EPG 236.6.3.1.7D]] and [[#Description of Property After Acquisition|EPG 236.6.3.1.11A]] for additional information concerning Other Appraisal Considerations.<br /> <br /> :'''8. Estimate of Total Just Compensation'''<br /> <br /> :For the URAR format, attach a narrative explanation of the comparison of each comparable sale with the appraised property, and the adjustments implemented for each significant element of difference affecting value. An explanation shall be offered for each individual adjustment. Differences may be measured by either dollars or percentage.<br /> <br /> :Estimated Value Before Acquisition: $______________<br /> <br /> :Estimated Value After Acquisition: $______________<br /> <br /> :Indicated Just Compensation Due to Acquisition: $______________<br /> <br /> :'''9. Allocation of Just Compensation'''<br /> <br /> ::'''A. Fee Holder's Interest:'''<br /> <br /> :::'''1.''' Land Acquired: $______________<br /> <br /> :::'''2.''' Improvements, Fixtures and Personalty: $______________<br /> <br /> :::'''3.''' Total Land and Improvements, Fixtures and Personalty: $______________<br /> <br /> :::'''4.''' Damages to the Remainder: $______________<br /> <br /> :::'''5.''' Total Just Compensation Due Fee Holder: $______________<br /> <br /> ::'''B.''' Tenant Owner's Interest:'''<br /> <br /> :::'''1.''' Tenant Owned Improvements, Fixtures and Personalty: $______________<br /> <br /> :::'''2.''' Damage to Tenant Owned Improvements, Fixtures and Personalty:$______________<br /> <br /> :::'''3.''' Leasehold Interest: $______________<br /> <br /> :::'''4.''' Total Just Compensation Due Tenant Owner: $______________<br /> <br /> :'''10. Uneconomic Remnant'''<br /> <br /> :See [[#Uneconomic Remnant|EPG 236.6.3.1.17]] for instructions on Uneconomic Remnant.<br /> :Area ________________________ @ $__________________ = $_____________<br /> <br /> :'''11. Salvage Value'''<br /> <br /> :See [[#Salvage Value|EPG 236.6.3.1.18]] for instructions on Salvage Value.<br /> <br /> ::Improvement ______________________ Salvage Value $______________<br /> <br /> ::Improvement ______________________ Salvage Value $______________<br /> <br /> ::Total Salvage Value $______________<br /> <br /> :'''Required Attachments'''<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Contingent and Limiting Conditions] (Form 236.6.3.1A)<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1B)<br /> :*Site Plan<br /> :*Photographs<br /> :*Floor Plans of Acquired Residential Units and Structures with Internal Walls <br /> :*Comparable Sales and Map<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR Form] (Form 236.6.3.4)<br /> <br /> :'''Optional Attachments:'''<br /> :*Cover letters<br /> :*Tables of Contents<br /> :*Appraiser Qualifications<br /> :*Engagement Letter or Notice to Proceed<br /> :*Legal Instructions, if any shall be retained in the appraiser’s work file and not attached to valuation reports.<br /> <br /> ===236.6.3.5 Instructions for Preparing Sale Forms===<br /> <br /> Appraisers shall incorporate within the appraisal reports adequate sales and other supporting data to relay the necessary comparative information, by attachment of the sale data sheets, [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Form 236.6.3.5.A] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Form 236.6.3.5.B].<br /> <br /> The purpose of the sale forms is to provide sufficiently detailed information about transactions and the properties involved to allow the appraiser to make comparisons and value judgments, and to allow a reader to follow the reasoning and validate the comparisons. The forms provide blanks to be completed with information that tends to be common to all sales, but seldom are the completed blanks sufficient to furnish all information that should be included. Judgment from the appraiser is required even in this. Those significant characteristics of the sale property, and important details of the transactions should be included whether or not a specific blank is provided for the information.<br /> <br /> Use of sales that have improvements located on them as vacant land sales, when it has been confirmed that those improvements did not contribute to value, is acceptable provided that during the course of time that the sale is being relied upon, those improvements have not been rehabilitated for renewed use. Once it becomes apparent that an improvement, formerly concluded to have no contributory value, has been put back into productive use, a sale written to the contrary has lost much of its credibility and is not to be used as a comparable for land valuation.<br /> <br /> The [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1.B) indicates that an appraiser has inspected all sales considered in the valuation process; therefore, subsequent inspections by other appraisers need not be identified on the forms. It is recommended that for future court testimony, that each appraiser makes a personal record of the sale inspections in regard to each property appraised.<br /> <br /> '''A. Nonresidential Sale Form (Form 236.6.3.5.A)'''<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Sale Form 236.6.3.5A] is for reporting sales of all vacant or improved properties other than improved single-family residential properties, or where residential improvements do not represent the highest and best use.<br /> <br /> :'''Completion Of The Sale Form Entries'''<br /> <br /> :'''Selling Price:''' This entry should reflect the total selling price of the property, including land and all improvements, if any. If the price was confirmed in another manner or if other information about the sale price was revealed, a full explanation should be included elsewhere on the form.<br /> <br /> :'''Unit Price:''' Indicate the entire selling price including all land and/or land and improvements, divided by the site area, gross living area above ground level (for residential improvements), or gross building area of the main improvement, or explain if the amount was calculated in another method.<br /> <br /> :On the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Nonresidential Sale Form 236.6.3.5.A], indicate whether the price was confirmed as a price per unit or a total price.<br /> <br /> :'''Type of Transaction:''' Entries in this field should describe the relationship of the buyer and seller. Any entry other than &quot;Open Market&quot; must be fully explained.<br /> <br /> :'''Financing:''' If financed by a lender with a conventional loan, the word Conventional will satisfy this requirement. If seller-financed or if there is concessional financing of any kind, the rate and terms should be included. If other than Conventional, the form must report the type of instrument and terms known, and show calculations for the cash equivalent sale price, with indicated adjustment shown in the Financing Concession field of the Property Description Section.<br /> <br /> :Cash Equivalency must be calculated and used in direct comparison with subjects. Situations that may require cash equivalency adjustments include: mortgage assumptions at favorable rates, mortgage buy-downs, installment sale contracts, wraparound loans, points paid by seller, seller-financed loans, etc.<br /> <br /> :'''Site Dimensions:''' In regularly shaped parcels, the dimensions can be expressed as &quot;width X depth&quot;. When appropriate, the average width by the average depth is acceptable. A line drawing of the perimeter of the property may be necessary to fully communicate an understanding of the property layout.<br /> <br /> :*Site Area:<br /> :*Building Area:<br /> <br /> :'''Zoning:''' The code and category of zoning as of the date of sale should be stated (for example, C-2 Commercial District). If the property is nonconforming with the zoning, this should be explained in the text of the sale form. If closing of the sale was contingent upon a different zoning being granted, this entry should reflect the contingent zoning and the body of the sale should include an explanation of the circumstances surrounding the zoning change. Special zoning provisions or restrictions should be noted, such as minimum lot size or number of developed units allowed.<br /> <br /> :'''Zoning Compliance:''' Either state yes, or explain noncompliance.<br /> <br /> :'''Highest and Best Use:''' The following standardized entries should be used: Single-family Residential; Multi-family Residential; Commercial; Industrial or Agricultural. Standardization of broad categories of use under these headings facilitates data base entry and search functions. Frequently additional explanation of highest and best use in the text of the sale will be warranted.<br /> <br /> :'''Utilities In Use (At Time Of Sale):''' State what utilities are on site. &quot;All available&quot; or &quot;All in place&quot; are not acceptable entries. The use of initials, W, E, G, S as abbreviations for publicly provided water, electricity, natural gas, and sanitary sewer is suggested. Use of Deep Well, Shallow Well, and Septic is suggested for privately provided utilities that are in use on the property.<br /> <br /> :'''Utilities Available (At Time Of Sale):''' If a utility is not on the property but is close, or is available but not connected, state what is actually on the property as of the date of sale and explain in the depth that the circumstances demand.<br /> <br /> :'''Access (At Time of Sale):''' Report legal and physical points of access and entrances. Legal access represents a deeded or permitted access point to a property. Physical access merely reflects the presence of existing entrances, which may or may not be legal.<br /> <br /> :'''Identification of the Realty:''' Location information should be adequate to assist the reader in driving to the property<br /> <br /> :The real estate involved in the sale can be identified by an abbreviated property description, address, map reference, copy of a survey or map, property sketch and/or photographs or the like. Lengthy property descriptions should not be reiterated within the sale form, but rather copies of the title report or last deed of record should be reviewed by the appraiser and retained in the appraiser’s work file and or district sales data files.<br /> <br /> :A property description does not need to repeat the actual description on the deed, but must provide enough data to allow the reader to regenerate the perimeter of the property. If subdivision land, provide a cut or tracing of the subdivision plat or a drawing to allow subsequent users of the form to locate the lot.<br /> <br /> :Inclusion of a copy of the transfer document (e.g., deed, contract) in the report is neither required nor desirable, unless there is something in the document that is unusual or particularly revealing.<br /> <br /> :'''Sale Verification:''' All comparable sales used shall be confirmed by the buyer, seller, broker or other person having knowledge of the price, terms, and conditions of sale. This form and its contents may be used by various appraisers, without further verification subsequent to its original verification, providing the appraiser using the form also inspects the sale premises. Subsequent users of the sale assume responsibility for the correctness of information presented on the Sale Form. Telephone numbers of verifying parties are very desirable. Signature of verifying appraiser is not required. If confidential data is included with a sale confirmation, that sale information must be handled in a manner that the confidentiality is not violated.<br /> <br /> :In this section of the sale forms, include name of verifying appraiser and confirming party, company (if Realtor, lender, etc.) and position in company (broker, loan officer, agent etc.) If confirmation is by other than the buyer, seller, lender or real estate agent, identify relationship to the transaction. Values reported as a public record (example: Certification of Value in Metropolitan St. Louis and Jackson County) and MLS information are not acceptable without further verification.<br /> <br /> :It is the intention of this requirement that enough information be provided that the verification can be repeated for purposes of court testimony or review. For trial purposes, a party to the transaction could be interpreted differently. In this case, consult with legal staff for specific requirements. Any person testifying about the facts of the sale may be required to personally verify those facts.<br /> <br /> :'''Map Number:''' Map identification numbers in common local use may be entered as appropriate.<br /> <br /> :'''Property Description:''' On the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Nonresidential Sale Form] (Form 236.6.3.5.A) indicate by subparagraphs description of land, description and type of improvements, if any, and any other data pertinent to analysis. Attach additional sheets if necessary.<br /> <br /> :Physical characteristics should be adequately explained to make comparison with those characteristics of subject properties being appraised. For analysis and valuation of properties subject to partial acquisitions, it is particularly important to note unusual features in sales, like building setback, frontage, depth, shape, access, entrances, etc.<br /> <br /> '''B. Residential Sale Form (Form 236.6.3.5.B)'''<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Sale Form 236.6.3.5.B] is used for reporting sales of improved single- family residential property, and the entry fields correspond with the URAR form as much as possible. For the standard entries see Paragraph A, above.<br /> <br /> :'''Property Description:''' On the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Residential Sale Form] (Form 236.6.3.5.B), the physical items of this section of the form are arranged in the same order as the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR] (Form 236.6.3.4). Physical characteristics should be adequately explained to make comparison with those characteristics of subject properties being appraised.<br /> <br /> :'''Quality of Location:''' This entry should reflect the quality of location in factual terms. (Typical street, Dead-end road, Gravel road, Corner, etc.) Subjective terms (good, poor) might be used in addition to the factual data.<br /> <br /> :'''Site/View:''' The appraiser should indicate such site factors as size, shape, topography, drainage, encroachments, easements, view, landscaping, driveway, flood hazard, or any detrimental or unusually positive site conditions. For analysis and valuation of properties subject to partial acquisitions, it is particularly important to note unusual features in sales, like building setback, frontage, depth, shape, access and entrances.<br /> <br /> :'''Design (Style):''' Indicate the style of construction (ranch, bungalow, etc.). Also indicate such aspects as appeal of exterior design, interior attractiveness, special features, and any other characteristics that would make the property attractive or unattractive to purchasers and otherwise enhance or detract from its overall marketability. During the confirmation the appraiser should attempt to ascertain the above items.<br /> <br /> :'''Quality of Construction:''' An overall quality rating should consider the quality of materials and workmanship used in all components of the building.<br /> <br /> :'''Age:''' Indicate the estimated or actual age of the dwelling, at the time of sale. If a dwelling has been substantially modernized or upgraded, the effective age may also be indicated. Effective age estimation will require a comment describing the basis for assignment and the degree of modernization.<br /> <br /> :'''Condition:''' Indicate &quot;good&quot;, &quot;average&quot;, &quot;fair&quot; or &quot;poor&quot;. For purposes of comparison with subjects, items of curable and incurable deterioration are the sensitive elements in this consideration.<br /> <br /> :'''Basement/Finish:''' The appraiser should report basement improvements such as finished rooms and recreation rooms found in the sale. If there is no basement or only a partial basement, this should be indicated.<br /> <br /> :'''Functional Utility:''' This entry relates to the efficiency of a building's use and reflects such factors as layout, room size, and general livability. Trends in single-family home construction sometimes determine whether residences have such items as porches, balconies, fireplaces, separate dining rooms, large kitchens, entry halls, and family rooms. Standards for dwellings also vary widely with regard to income level of prospective tenants and location. When judging the functional utility of residential buildings, the appraiser should attempt to interpret the reaction of typical purchasers in the specific market area.<br /> <br /> ::'''Heating / Cooling:'''<br /> <br /> ::'''Energy Efficient Items:'''<br /> <br /> ::'''Garage / Carport:'''<br /> <br /> ::'''Porch / Patio / Deck:'''<br /> <br /> ::'''Other - kitchen equipment and remodeling:''' All kitchen equipment must be itemized.<br /> <br /> '''C. Comparable Lease Form (Form 236.6.3.5.C)'''<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Form 236.6.3.5. C] is provided for the reporting of comparable leases.<br /> <br /> '''D. Optional Sale Forms From Fee Appraisers'''<br /> <br /> To accommodate the efficient use of various fee appraisers’ sale databases, sale write-ups of other formats can be accepted. It is up to the assistant right of way manager – certified or other reviewer to accept, reject or request supplemental information regarding other sale forms.<br /> <br /> ===236.6.3.6 Access Rights Valuation===<br /> <br /> Appraisals of access rights will be made in conformity with the appropriate state laws, regulations and policies and procedures for acquisition and disposal of property. Refer to [[236.5 Property Management#236.5.28.3 Compensation for Changes in Access|EPG 236.5.28.3 Compensation for Changes in Access]]. [https://www.sos.mo.gov/pubs/constitution Article IV, Section 29] of the Missouri Constitution gives the Commission authority to limit access to, from, and across state highways where the public interest and safety may require.<br /> <br /> Article IV, Section 29 (Highways and Transportation) of the Missouri Constitution states: <br /> <br /> “The highways and transportation commission shall have authority over all state transportation programs and facilities as provided by law, including, but not limited to, bridges, highways, aviation, railroads, mass transportation, ports, and waterborne commerce, and shall have authority to limit access to, from and across state highways where the public interest and safety may require.”<br /> <br /> The Scope of Assignment will identify the anticipated minimum requirements for the appraisal format to be prepared, based on the anticipated value or complexity of the access rights to be valued.<br /> <br /> ===236.6.3.7 Realty Asset Valuation===<br /> <br /> Estimates and appraisals of realty assets will be made in conformity with the appropriate state laws, regulations and policies and procedures for acquisition and disposal of property set out in this chapter. The assistant right of way manager - certified will instruct the staff or fee appraiser on the minimum valuation documentation, based on the complexity of the appraisal problem and the anticipated value of the realty asset to be valued. See [[236.5 Property Management#236.5.9 Uneconomic Remnants|EPG 236.5.9 Uneconomic Remnants]] (in EPG 236.5 Property Management) for additional information on disposal of Realty Assets.<br /> <br /> Assistant right of way manager - certified or individual designated by the district right of way manager shall merely examine the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20for%20Realty%20Asset%20Inventory%20Form%206.3.7.A.dotx Realty Asset Inventory Estimate] (Form 236.6.3.7A) without need for co-signature. Assistant right of way manager – certified or individual designated by the district right of way manager is required to cosign the Realty Asset Estimate Less Than $25,000 (Form 236.6.3.7B) or substitute Value Statement Memorandum, with supporting documentation. [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Review and Approval of Just Compensation] (Form 236.6.4.3) accommodates the review and approval of the Realty Asset Appraisal (Form 236.6.3.7C).<br /> <br /> It is intended that realty asset parcels, or the potential to add value to abutters’ property, be valued to reflect their full potential as if marketed by any knowledgeable seller.<br /> <br /> '''Identification Of Asset Parcels:''' Parcel identification numbers will be established in the Realty Asset Inventory. The job number inserted is the job on which the land was originally acquired.<br /> <br /> '''Authority To Appraise Assets:''' An appraisal assignment to value a realty asset shall be authorized by the district right of way manager after a recommendation to sell has been made by the Asset Management Committee.<br /> <br /> An appraisal assignment to value a Capital Improvement property must be authorized by a letter from General Services Facilities Management, Central Office.<br /> <br /> '''Valuation Assumptions:''' All realty assets must be valued with the following assumptions<br /> <br /> *Highway Commission has full fee interest<br /> *Parcel can be developed or marketed for its highest and best use<br /> *Parcel will be marketed to a party expected to pay the full-appraised amount.<br /> <br /> '''Ownership Interest:''' The ownership interest of the Commission will be reported by a realty asset legal opinion memo. It is not necessary to have a final determination of ownership interest before completing the appraisal assignment.<br /> <br /> '''Valuation Documents:''' All proposed sales of realty assets require a valuation document by Form 236.6.3.7B or Form 236.6.3.7C. However, you may substitute Form 236.6.3.7B with a value statement on an Inter-Office Memorandum for parcels valued at less than $25,000. Support for the value must be included in the Inter-Office Memorandum. Adequate information must also be included to clearly demonstrate that assemblage parcels were valued using the appropriate &quot;Across-the-Fence&quot; valuation method. Realty assets are placed on the Realty Asset Inventory at the value indicated on [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20for%20Realty%20Asset%20Inventory%20Form%206.3.7.A.dotx Realty Asset Inventory Estimate] (Form 236.6.3.7A). Non-cash and other trades of realty assets require a valuation document for each component of the trade.<br /> <br /> '''Stand-Alone or Assemblage Determination:''' Parcels that are not easily distinguished between stand-alone or assemblage-use, require detailed analysis and explanation of zoning, setback, access and any issue that influences the conclusion.<br /> <br /> '''Realty Asset Valuation Instructions:''' District right of way shall authorize appropriate personnel to prepare the following valuations.<br /> <br /> :'''A. Valuation by Realty Asset Inventory Estimate'''<br /> <br /> :The valuation for purposes of placing the parcel in the Realty Asset Inventory is to be documented on the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20for%20Realty%20Asset%20Inventory%20Form%206.3.7.A.dotx Realty Asset Inventory Estimate] (Form 236.6.3.7A). This form is designed to serve as a valuation tool for use when a recently identified or recently acquired parcel is being placed on the Realty Asset Inventory. An interested party is not identified, and marketing is not pending. If disposal is pending, use a realty asset estimate or appraisal form, Forms 236.6.3.7B (or substitute Value Statement Memorandum) or 236.6.3.7C, which will then also serve for the inventory estimate.<br /> <br /> :Preparers are expected to be one that might be assigned to prepare a cost estimate, Scope of Assignment, payment estimate, etc. This will serve as the inventory value estimate for all properties, regardless of value or complexity.<br /> <br /> :The assistant right of way manager - certified or designee shall determine the amount of documentation and exhibits necessary to support the inventory value, based on the complexity and value level. Use the minimum investment in time and documentation to establish a reasonable inventory value estimate.<br /> <br /> :'''B. Valuation by Realty Asset Estimate Less Than $25,000'''<br /> <br /> :Realty assets, with value less than approximately $25,000 will be documented by a Realty Asset Estimate Less than $25,000 (Form 236.6.3.7B) or substitute Value Statement Memorandum with supporting documentation. This form or memorandum is to serve as a valuation tool for disposal values when an interested party is identified or marketing is promoted internally. It will serve as the final valuation document for non-complex/low-value parcels up to a conclusion of $25,000. The document provides an adequate level of documentation in this value range only if the realty asset and its valuation is very simple.<br /> <br /> :Although valuations less than $25,000 may result in transfers to certain adjoining owners and others for a nominal consideration, completion of this form or substitute Value Statement Memorandum is the minimum reporting required for every disposal, with the following exception: if the Commission is conveying the property interest to the original owner for a $1 consideration AND the original owner is still the abutting land owner AND the property interest was originally donated to the Commission, an appraisal or valuation estimate is not required.<br /> <br /> :The preparer is expected to be one that might be assigned to prepare a cost estimate, payment estimate, or other noncomplex valuation.<br /> <br /> :'''Realty assets valuations dependent on consideration of use, zoning, access, utilities, etc. shall not be accomplished on this format.'''<br /> <br /> :'''C. Valuation by Realty Asset Appraisal'''<br /> <br /> :A Realty Asset Appraisal (Form 236.6.3.7C) will document realty asset values greater than approximately $25,000, or complex situations that result in values less than $25,000. This form is designed to serve as a valuation tool for disposal values when an interested party is identified or marketing is promoted internally. The district right of way manager or assistant right of way manager – certified will establish the minimum reporting criteria.<br /> <br /> ::'''1.''' Assignment criteria:<br /> <br /> ::*Low value &amp; simple assemblage or stand-alone. One sale, statement of highest and best use, value conclusion. (The content and reporting level of a Payment Estimate)<br /> ::*Medium value &amp; simple assemblage or stand-alone. More than one sale, explanation of highest and best use, comparison to comparables, value conclusion. ((The content and reporting level of a Value Finding)<br /> ::*High value, complex assemblage or stand-alone. Three land comparables, building valuation (assign applicable approaches), analysis of highest and best use, and direct comparison to sales, reconciliation and value conclusion. (The content and reporting level of a Standard Format)<br /> <br /> ::'''2.''' Stand Alone Parcels<br /> <br /> ::Parcels that are large enough and have physical characteristics that allow them to be developed to a freestanding use will be valued like any appraisal assignment if the anticipated value is greater than $25,000. The highest and best use will be determined, appropriate sales will be discovered and compared, and a value conclusion established.<br /> <br /> ::'''3.''' Assemblage Parcels<br /> <br /> ::The value sought is use value of a limited market property. Use value is value for assemblage, and reflects the highest and best use of the property(s) to which it might be assembled. The subject is considered a limited market property because of the small field of potential purchasers.<br /> <br /> ::The potential purchasers may consist of only one adjoining owner, whose use for the subject tract is typically only for assemblage purposes. Under these conditions the subject may take on the value characteristics of the overall tract to which it is to be assembled, or may contribute at a greater or lesser value than the overall unit value of the tract to which it is to be assembled. Such a value indication is typically unaffected by influences such as size, shape and limited access.<br /> <br /> ::If the ultimate assemblage changes the use potential of the requestor’s original property, the valuation should reflect the newly changed use.<br /> <br /> ::If the highest and best use is determined to be only as assemblage to adjoining property, the Highest and Best Use Analysis should address the use of the adjoining land and the comparable sales should be similar in use potential and other characteristics to the adjoining property. Under this circumstance, the realty asset parcel may take on the value characteristics of the larger parcel, and the question to be answered by the appraiser's analysis is whether it contributes at the average unit value, greater than or less than the average unit value of that larger parcel. The utility of the realty asset parcel should be judged as it contributes to the tract with which it would most likely be assembled.<br /> <br /> ::When the use is determined to be for assemblage, the size, shape, location, utility access, and in some cases, the physical characteristics (slope, grade, elevation, drainage, etc.) of the realty asset parcel are only important in relation to their contribution to the newly assembled property.<br /> <br /> ::Adjustment should not attempt to reflect an assemblage or &quot;one buyer&quot; effect on value.<br /> <br /> ===236.6.3.8 Maintenance Lot and Capital Improvement Valuation===<br /> <br /> Assignments to value future capital improvements will be authorized by the General Services Division, Facilities Management. <br /> <br /> The district right of way manager or assistant right of way manager - certified will determine the complexity of the appraisal problem and recommend either the [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|Standard Appraisal Format]] or the [[236.6 Appraisal and Appraisal Review#236.6.3.2 Value Finding Appraisal Format|Value Finding Appraisal Format]]. A [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Scope of Assignment] is not required but may be advisable on complex situations or with a fee appraiser assignment.<br /> <br /> Facilities Management will assign a project number, that should appear on the appraisal and all significant correspondence.<br /> <br /> When the acquisition represents the entire ownership, no special instructions apply.<br /> <br /> When the acquisition is only part of an ownership, the highest and best use analysis should be of the part being acquired.<br /> <br /> Appraisals will be prepared and reviewed consistent with property appraisal practice set out in this chapter. Complexity of the acquisition will determine the format and level of reporting required.<br /> <br /> A copy of the approved appraisal shall be sent to General Services Division, Facilities Management for final approval and funding, after which, Facilities Management will notify district right of way to proceed with negotiation to acquire the site. Any settlement above the approved appraisal amount shall be communicated to General Services Division, Facilities Management prior to finalizing the acquisition.<br /> <br /> ===236.6.3.9 Other Agency Valuations===<br /> <br /> The Department of the Interior, the Missouri Department of Natural Resources, and some other agencies adhere to the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA) while the Missouri Department of Transportation (MoDOT) instructions, approved by the Federal Highway Administration (FHWA), use the UASFLA as a guide. The Scope of Assignment preparer or the appraiser will need to determine the other agency’s requirements.<br /> <br /> The following instructions outline the items different from, or in excess of the MoDOT's instructions, which are required when doing appraisals for these or other agencies. This is only a general outline. Consult the Right of Way Section for current and complete instructions and requirements. Appraisals will be reviewed in the typical process using the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation Form (6.4.3)].<br /> <br /> See the [http://www.fhwa.dot.gov/modiv/index.htm FHWA Web site] for current requirements and guidance.<br /> <br /> ===236.6.3.10 Airport Valuation===<br /> <br /> Appraisals for airport projects and contracting to perform such services are under the specific guidelines of the [https://www.faa.gov/documentLibrary/media/Order/environmental_5100_37b.pdf Land Acquisition and Relocation Assistance For Airport Projects].<br /> <br /> These instructions are addressed to those staff and fee appraisers preparing and reviewing appraisals of partial and total acquisitions for airport development and expansion. Since the this article was primarily developed for acquisition of rights of way for highway projects, the terminology relates to highways. The same general appraisal principles apply to appraisals for airport projects, with the exceptions summarized here. The specific appraisal requirements are addressed in [https://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.current/documentNumber/150_5100-17 Circulars/150/5100-17 Chapter 2].<br /> <br /> :'''A. Formats Used'''<br /> <br /> :All Missouri Department of Transportation (MoDOT) valuation formats including [[236.6 Appraisal and Appraisal Review#236.6.3.3 Waiver Valuation|Waiver Valuation]] may be used in valuation for airport acquisition. The same measures of complexity as discussed in [[236.6 Appraisal and Appraisal Review#236.6.2.1 Scope of Assignment|EPG 236.6.2.1 Scope of Assignment]] will be applied to determine the appraisal format used. An official of the airport acquiring agency will have determined the complexity of appraisal problems prior to contracting, or assigning an appraisal and will indicate in the contract, or instructions, what formats are to be applied to the individual tract appraisals.<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 6.3.1A) and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 6.3.1B) may be used in valuation for airport acquisition.<br /> <br /> :'''B. Summary of Additional Airport Appraisal Requirements'''<br /> <br /> :The appraiser or waiver valuation preparer must be familiar with the additional valuation requirements specific to airport acquisition, which include but are not limited to:<br /> <br /> :*The property owner shall be invited to accompany the appraiser or Waiver Valuation preparer.<br /> :*There is no provision for separation of function for the same individual to prepare a Waiver Valuation and negotiation to acquire the property.<br /> :*There are non-compensable land costs that may be allowable for compensation under state law, that are non-compensable in acquisition for airports.<br /> :*There are specific instructions in the appraisal of avigation easements and noise avigation easements.<br /> <br /> :'''C. Right of Way Section Involvement in Scope of Assignment, Administrative Review and Administrative Settlement Review'''<br /> <br /> :To assure quality appraisals, waiver valuations and appraisal reviews, the Right of Way Section will support the Administrator of Aviation, Multimodal Operations Division with scope of assignment considerations and administrative review. When the airport sponsor has obtained a valuation and appraisal review for airport acquisition, it shall be delivered to the Administrator of Aviation and routed to the Right of Way Section for an administrative review. An administrative review is, at a minimum, a desk check of factual data and information presented in the valuation report, a determination that the report fulfills the requirements of this chapter, that the report addresses the special valuation considerations for valuation for airport purposes and provides a quality report with appropriate conclusions.<br /> <br /> ==236.6.4 Appraisal Review and Approval of Just Compensation==<br /> <br /> ===236.6.4.1 Purpose===<br /> <br /> Appraisal review is the act or process of developing and communicating an opinion about the quality of all or part of a completed work performed by another appraiser in a real property appraisal assignment. In performing an appraisal review assignment, an appraiser acting as a reviewer must develop and report a credible opinion as to the quality of another appraiser’s work and must clearly disclose the scope of work performed in the review assignment.<br /> <br /> The purpose of this article is to establish procedures and guidelines for the review of appraisal reports and approval of just compensation. The reviewer is responsible to assure that appraisal reports comply with instructions for preparing appraisals as set out in this manual, which incorporates requirements of Federal Highway Administration (FHWA), [https://www.fhwa.dot.gov/legsregs/directives/cfr23toc.htm 23 CFR] and [https://ecfr.io/Title-49/ 49 CFR], and [[#USPAP|USPAP]], and that they conform to [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment] requirements and recommendations.<br /> <br /> Occasionally reports are to be written and reviewed in conformance to other standards such as Uniform Appraisal Standards for Federal Land Acquisition (UASFLA) or [https://www.faa.gov/documentLibrary/media/Order/environmental_5100_37b.pdf Land Acquisition and Relocation Assistance for Airport Projects] and policies/advisory [https://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.current/documentNumber/150_5100-17 Circulars/150/5100-17 Chapter 2]. In these instances the reviewer is responsible to obtain the appropriate documents and follow their requirements in the review process.<br /> <br /> ===236.6.4.2 Assignment of Appraisal Review===<br /> <br /> Assistant right of way manager certified is the typical resource for review and approval of just compensation. District right of way managers and field liaison officers who are certified may also review and approve just compensation. A district right of way manager may designate any staff certified appraiser to review and approve just compensation.<br /> <br /> Commissioner and employee-owned property appraisals must be reviewed and approved by Right of Way Section personnel and by the FHWA (See [[236.3 Administration#236.3.4.9 Acquisition of Property from an Employee or a Commissioner of MHTC|EPG 236.3.4.9 Acquisition of Property from an Employee or a Commissioner of MHTC]]).<br /> <br /> ===236.6.4.3 Review and Approval of Appraisal Reports and Waiver Valuations===<br /> <br /> Review and approval of appraisals will be accomplished on a [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation] document (Form 236.6.4.3). Waiver Valuations will be co-signed by the individual inspecting the document.<br /> <br /> The reviewer is responsible to assure compliance with the Scope of Assignment and contract/agreement requirements. The review will verify that all appraisals are complete and correct regarding format utilized, design plans, mathematics, and Appraisal Formats and Instructions for Preparing Appraisal Reports, (See [[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions |EPG 236.6.3 Valuation Formats and Instructions]]). Appraisals must also be examined to determine consistency with other appraisals on the project, must utilize the proper number of appropriate sales, and contain appropriate exhibits.<br /> <br /> The amount of just compensation as established by the reviewer shall be subject to the approval of the Asst. to the State Design Engineer - Right of Way or the district engineer, as appropriate. In addition to above, the reviewer has the following responsibilities:<br /> <br /> :'''A.''' Field inspect each appraised parcel as well as each comparable sale used by the appraiser during the valuation process, when the acquisition and appraisal is of a complicated nature as to require an examination in the field to fully understand the appraisal problem.<br /> <br /> :On limited occasions a desk review of appraisals may be permissible. The reviewer must disclose on Form 236.6.4.3 if only a desk review is done.<br /> <br /> :'''B.''' Examine each appraisal report to determine that it:<br /> <br /> ::'''1.''' Is compiled in accordance with the Department's appraisal specifications, (See [[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions |EPG 236.6.3]], or other manuals that may apply. (Example: Federal Aviation Administration or Uniform Appraisal Standards for Federal Land Acquisition. See [[236.6 Appraisal and Appraisal Review#236.6.3.9 Other Agency Valuations|EPG 236.6.3.9]] and [[236.6 Appraisal and Appraisal Review#236.6.3.10 Airport Valuation|EPG 236.6.3.10]])<br /> <br /> ::'''2.''' Is compiled in accordance with accepted appraisal principles and techniques with regard to valuation of real property.<br /> <br /> ::'''3.''' Contains or makes reference to information necessary to explain, substantiate, and thereby document conclusions, estimates of value, or just compensation.<br /> <br /> ::'''4.''' Offers evidence to support adjustments of comparable sales and depreciation rates, when applicable, or as may be specified within the [[236.6 Appraisal and Appraisal Review#236.6.2 Scope of Assignment|Scope of Assignment]].<br /> <br /> ::'''5.''' Addresses all compensable items, damages, and special benefits, if any, and does not include compensation for items noncompensable under Missouri law.<br /> <br /> :'''C.''' When reviewing multiple appraisals on the same project or in the same area, be attentive to inconsistencies in analyses and conclusions which result in widely varying estimates of just compensation for similar acquisitions and/or damages, including unit values, percentage rates for easements, etc.<br /> <br /> :'''D.''' Request and obtain corrections, revisions, additions and/or clarifications to appraisal reports which do not substantially meet requirements set forth in [[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions|EPG 236.6.3 Valuation Formats and Instructions]]. Such corrections or revisions shall be attached to and become part of the appraisal report. Requests of an uncomplicated nature may be addressed directly to a staff or fee appraiser. Requests of a complex nature will be made in writing.<br /> <br /> :'''E.''' Complete all applicable portions of [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Form 236.6.4.3], allocating compensation between appropriate elements and parties, date and sign the document, thereby establishing and/or approving an amount, in dollars, which in the opinion of the reviewer represents the estimate of value or just compensation.<br /> <br /> :Such opinion will be supported by approval of the appraisal as submitted or as revised to include corrections, revisions, additions and/or clarifications requested and made part of the appraisal report. If reviewer approves a different value, support may come from data furnished in the appraisal report or be developed by the reviewer.<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Approval of Just Compensation] (Form 236.6.4.3) may be subject to the future receipt of additions and clarification, which will be attached and made part of the appraisal report when received. Completion of the form should indicate what corrections; revisions additions and/or clarifications are being requested.<br /> <br /> :'''F.''' If the reviewer is unable to achieve resolution of the errors or deficiencies found in an appraisal report, the district right of way manager may authorize an additional appraisal of the parcel in question.<br /> <br /> :'''G.''' If a Right of Way Section reviewer performs the review, they shall provide the district one fully executed copy of Form 236.6.4.3.<br /> <br /> :'''H.''' Add addenda to previously submitted reports, maintain a log of appraisal and review activity, and answer correspondence.<br /> <br /> :'''I.''' Submit one copy of [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Forms 236.6.4.3] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Adjustment%20of%20Value%20or%20Just%20Compensation%20Form%206.4.4.docx 236.6.4.4] to Right of Way Section. Copies of appraisals are not submitted to Right of Way Section.<br /> <br /> ===236.6.4.4 Adjustment of Value or Just Compensation===<br /> <br /> In some instances it is necessary to effect changes in previously approved values or just compensation. Occasionally, such revisions are so insignificant it isn't justified to assign an appraiser to realign previously approved appraisals with current conditions. Under such circumstances, the reviewer may adjust the approved offer for needed revisions by completing [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Adjustment%20of%20Value%20or%20Just%20Compensation%20Form%206.4.4.docx Adjustment of Value or Just Compensation] (Form 236.6.4.4) and forwarding one copy to the Right of Way Section.<br /> <br /> It is the intention of this document to provide means of correcting minor differences between previously approved amounts and prevailing conditions. Any revisions proposed by the use of Form 236.6.4.4 shall be of such nature that justification or support therefore may be abstracted from a previously approved appraisal reports. If there is any impact on highest and best use or any other appraisal consideration, the problem should not be handled by a Form 236.6.4.4.<br /> <br /> Assistant right of way manager - certified or individuals familiar with the project and appraisals may be designated by the district right of way manager to prepare and sign the Form 236.6.4.4, providing adequate explanation and support for the necessary adjustment.<br /> <br /> ===236.6.4.5 Review of Specialty Appraisal Reports for Equipment or Specialty Items===<br /> <br /> :'''A.''' The review of separate valuations of machinery, equipment, trade fixtures, or other specialty items, carries the following responsibilities:<br /> <br /> ::'''1.''' Field inspect appraised items and then examine each appraisal report to determine that it contains:<br /> :::*statement of purpose of report.<br /> :::*definition of value(s) reported, i.e., in-place value, salvage value, etc.<br /> :::*identification of property and its ownership of record.<br /> :::*statement of appropriate contingent and limiting conditions, if any.<br /> :::*identification of the value problem.<br /> :::*an estimate of values.<br /> :::*accepted principles and techniques for the valuation of the subject of the report.<br /> :::*consideration of compensable items and that report does not include compensation for noncompensable losses.<br /> :::*data and analysis to explain, substantiate, and thereby document estimate of values.<br /> :::*date of inspection and effective date of value. <br /> :::*route, county, project number, job number, parcel number, certification, signature and date of signature of Specialty Appraiser.<br /> :::*photographs and any other necessary descriptive material.<br /> <br /> ::'''2.''' Request and obtain corrections or revisions of specialty appraisal reports which do not substantially meet above criteria.<br /> <br /> ==236.6.5 Contracting with Fee Appraisers==<br /> <br /> ===236.6.5.1 Qualifications for Realty Appraisers===<br /> <br /> Real estate appraisers employed under contract by the Missouri Department of Transportation (MoDOT) shall be State certified and in good standing with the Missouri Real Estate Appraisers Commission, must enjoy a good professional reputation, and must be able to provide acceptable evidence of specific appraisal experience in the type of property that is to be appraised of adequate complexity to demonstrate the applicant’s level of competency and ability to perform.<br /> <br /> ===236.6.5.2 Qualifications for Specialty Appraisers===<br /> <br /> From time to time, it is necessary to contract for the services of individuals or companies who are well qualified to evaluate machinery, equipment, or other specialty items. Specialists performing services of this nature may be members of appraisal or engineering firms whose principal occupation is the appraisal of specialty items, contractors who are engaged in the installation of such items or equipment, suppliers, or dealers who are familiar with the valuation of given specialty items or equipment. All persons performing such services shall be fully qualified to offer an opinion of value in addition to being capable of submitting written information which is essential to explain, substantiate, and thereby document their opinions in accordance with accepted appraisal principles and techniques.<br /> <br /> ===236.6.5.3 Application for Employment as Contract Appraiser===<br /> <br /> All contract appraisers not previously approved by Right of Way Section who are desirous of contracting appraisal work must submit an [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Application%20for%20Employment%20Contract%20Appraiser%20Form%206.5.3.pdf Application for Employment] (Form 236.6.5.3) as a contract appraiser. District right of way shall perform an investigation to determine the qualifications and abilities of the applicant and the appraiser’s general reputation within the profession. All references shown on the application shall be contacted in person or by telephone. All applicants must be recommended by at least two references. After the investigation is completed and the district right of way manager is satisfied with the applicant's qualifications, the district shall transmit to Right of Way Section its recommendation together with one copy of the application, one copy each of two dissimilar appraisal reports, and such other exhibits considered pertinent to the approval process. The Right of Way Section will review the application material to determine the applicant's qualifications. The Right of Way Section will advise the district in writing, if an applicant is approved for<br /> <br /> :*all types of appraisal assignments<br /> :*limited appraisal assignments<br /> :*specialty appraisal work<br /> :*review appraisal work<br /> :*is rejected for lack of qualifications or other causes.<br /> <br /> '''Notice of Approval or Rejection of Application'''<br /> <br /> The Right of Way Section shall notify the appraiser of approval. The Asst. to the State Design Engineer - Right of Way, if necessary, shall send a rejection notice to the applicant. With notice of approval, the appraiser shall be advised how to access the MoDOT electronic manuals.<br /> &lt;div id=&quot;Duration of Approval of Fee Appraisers on the Roster of Approved Appraisers/Reviewers&quot;&gt;&lt;/div&gt;<br /> '''Duration of Approval of Fee Appraisers on the Roster of Approved Appraisers/Reviewers'''<br /> <br /> Duration of approval on the Roster of Fee Appraiser/Reviewers is three years. A renewal application will be sent to each appraiser/reviewer prior to their three-year expiration date as contained in MoDOT’s database. The renewal application will seek to determine the applicants desire to remain on the list and also to capture updated information including address, phone numbers, email addresses and areas of the state the applicant is interested in performing work. If you have any questions you can contact the Right of Way Section of MoDOT's Design Division.<br /> <br /> ===236.6.5.4 Roster of Approved Contract Appraisers===<br /> <br /> A [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Roster of Approved Contract Appraisers] shall be maintained by the Right of Way Section in an electronic database, listing all approved contract appraisers, and indicating the types of appraisal assignments for which each appraiser is approved.<br /> <br /> Sample reports submitted by rejected applicants will be retained, at least those sections that contributed to the rejection.<br /> <br /> ===236.6.5.5 Employment of Contract Appraisers===<br /> <br /> All contracts for appraisal or appraisal review services shall comply with statutory, MoDOT and E-Verify requirements when applicable. Please refer to [[236.3 Administration#236.3.11 Contracting with MoDOT and E-Verify Requirements|EPG 236.3.11 Contracting with MoDOT and E-Verify Requirements]] for more information.<br /> <br /> District right of way is authorized to negotiate or seek proposals for fee appraisal services as needed. The availability of qualified contract appraisers varies by location time period and current economic circumstances. MoDOT policy provides for both the solicitation of [[#236.6.5.8 Competitive Proposals for Contract Realty Appraisals|competitive proposals]] and for [[236.6 Appraisal and Appraisal Review#236.6.5.9 Non-Competitive Proposals for Contract Realty Appraisals|non-competitive or negotiated contracting]] (see EPG 236.6.5.9). The availability of qualified appraisers and project time constraints may determine the bid process that will be followed.<br /> <br /> ===236.6.5.6 Selecting Prospective Contract Appraisers===<br /> <br /> District right of way may select currently approved appraisers from whom proposals are to be solicited. Every effort shall be made to select the most qualified appraisers available for the particular assignments. Consideration should be given to anticipated appraisal problems, experience, past performance, pending appraisal contracts, etc. The district shall contact by letter, telephone, or in person each of the selected appraisers to learn if they are interested in submitting proposals for the required work. All contacts by telephone or in person shall be documented in the district file to show party contacted, date of contact, a brief summary of the conversation and the conclusion of competitive or non-competitive contracting.<br /> <br /> ===236.6.5.7 Preparation of Proposals and Submission to Appraisers===<br /> <br /> The appraiser will be provided a copy of the Proposal for Appraisal Work (CCO RW 16), Appraisal Agreement (CCO RW 17), [[#236.6.2 Scope of Assignment |EPG 236.6.2 Scope of Assignment]] and project plans. (Forms RW16 and RW17 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]). The Scope of Assignment shall identify the required formats and approaches to value, before and after valuation if required, and any other requirements to communicate the scope of the assignment.<br /> <br /> The fee appraiser shall be provided with and advised to become familiar with:<br /> <br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions|Current format instructions]] (see EPG 236.6.3),<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 236.6.3.1.A),<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser Form] (Form 236.6.3.1.B),<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Summary%20of%20Tenant%20Interests%20Form%206.3.1C.pdf Tenant Summary] (Form 236.6.3.1.C),<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|Other Appraisal Considerations]] (EPG 236.6.3.1.D),<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.5 Instructions for Preparing Sale Forms |Instructions for Preparing Sale Forms]] (EPG 236.6.3.5).<br /> <br /> As appropriate, the appraiser shall also be provided with the following information.<br /> <br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.6 Access Rights Valuation|Valuation of Access Rights]] (EPG 236.6.3.6)<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.7 Realty Asset Valuation|Valuation of Realty Assets]] (EPG 236.6.3.7)<br /> :*[[#236.6.3.8 Maintenance Lot and Capital Improvement Valuation|Instructions for Preparing Appraisal for Maintenance Lot and Capital Improvement Acquisitions]] (EPG 236.6.3.8)<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.9 Other Agency Valuations|Instructions for Preparing Appraisal for Other Agencies]] (EPG 236.6.3.9)<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.10 Airport Valuation|Instructions for Preparing Airport Appraisals]] (EPG 236.6.3.10)<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.4 Appraisal Review and Approval of Just Compensation|Review and Approval of Appraisal Reports]] (EPG 236.6.4)<br /> <br /> Each prospective appraiser must be completely familiar with all aspects of proposed appraisal assignment. A member of the district right of way staff shall be available to accompany prospective appraisers during a field review of each parcel if requested, in order to acquaint them with project plans, rights to be appraised, and any unusual appraisal problems that may be encountered. It should also be clearly understood that the appraisers will or will not value items of equipment or machinery which are considered realty but offer minimal contributory value to the property. Should any parcel contain equipment or machinery, requiring the services of a specialty appraiser, the prospective real estate appraiser shall be advised that a copy of the specialty appraisal will be furnished for inclusion within the real estate appraisal report.<br /> <br /> In some instances, as provided by the contract, the appraiser shall furnish a contractor's estimate of cost to cure items, replacement costs of unusual structural improvements, sewer systems, etc. Contractors or specialists employed by the appraiser to perform such services must be approved in writing by the district engineer.<br /> <br /> '''NOTE:''' A contractor shall not be approved to perform identical services for two appraisers when both are appraising the same parcel.<br /> <br /> The appraiser shall be requested to submit proposal(s) setting forth fees for each individual parcel.<br /> <br /> ===236.6.5.8 Competitive Proposals for Contract Realty Appraisals===<br /> <br /> When the competitive proposal process for contracting realty appraisals is utilized, the district shall make a reasonable effort to secure proposals from those approved appraisers who have demonstrated expertise to accomplish the proposed appraisal assignments, by notification of a pending project requiring the services of fee appraisers.<br /> <br /> It should be noted that appraisal contracts are to be awarded to the lowest and best bid. The term &quot;lowest&quot; pertains strictly to the dollar amount of the proposal. The term &quot;best&quot; takes into consideration the issue of timeliness, or delivery date, the comparative level of experience of the bidders, and also the past records of individuals with respect to quality of work product and adherence to contractual requirements and deadlines. In other words, though important, mere submission of the lowest cost proposal will not, in and of itself, assure that bidder of being awarded a particular contract.<br /> <br /> Projects or sections thereof containing parcels that require only one appraisal shall be awarded to the lowest and best bid.<br /> <br /> Projects or sections thereof containing fee holds requiring two appraisals shall be awarded to the two bids that are considered lowest and best.<br /> <br /> :'''A. Proposals From Contract Appraisers'''<br /> <br /> :Proposal for Appraisal (CCO Form RW 16) (Form RW16 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) work shall be used by the appraisers for submission of their proposals. The district shall complete all portions of proposal except fees, date, and signature of appraiser. An envelope directed to district right of way shall be provided with a notation prominently displayed ''&quot;Proposed Appraisal Fees - Do Not Open.&quot;'' One copy of each proposal together with the envelope shall be given to each appraiser. Every appraiser should be admonished not to add or delete any terms or conditions or amend the proposal in any way. Altered or amended proposals will be rejected at the time of opening.<br /> <br /> :The district right of way manager may arrange with the prospective appraiser for electronic submissions of proposals directly to the district support services manager. Faxed submissions of proposals shall not be accepted because confidentiality cannot be maintained.<br /> <br /> :All proposals received at by district right of way shall be retained by the district support services manager until time of opening.<br /> <br /> :'''B. Opening Of Proposals, Checking Tabulations And Preparing Contract'''<br /> <br /> :District right of way personnel and/or the district administrative services supervisor shall open all proposals at the prescribed time. Personnel supervising the opening shall publicly announce to all in attendance the amounts recited in each proposal.<br /> <br /> :Right of way personnel shall subsequently check the tabulations for accuracy and then compare the results. If the total amount shown in the lowest and best proposal is acceptable, the district may prepare an appraisal contract in favor of the party submitting such proposal. Contracts must contain the same provisions as proposal. District right of way shall then submit to the district engineer three copies of appraisal contracts as executed by the selected bidders and one copy of proposal as received from each bidder. The District engineer shall review subject data and cause the contract to be approved or rejected.<br /> <br /> :If the lowest and best proposal is found unacceptable, the district has the option to proceed with the lowest and best bid or reject all proposals and re-solicit in an effort to secure more acceptable appraisal fees.<br /> <br /> ===236.6.5.9 Non-Competitive Proposals for Contract Realty Appraisals===<br /> <br /> The district shall select appraisers from the current roster of approved appraisers. Every effort shall be made to select the most qualified appraisers available for the particular job. Consideration should be given to anticipated appraisal problems, talents, skills possessed by the individual, appraiser's past performance, pending appraisal contracts, etc. District personnel shall contact the selected appraiser to determine their availability to complete the work within a specified time.<br /> <br /> All contacts shall be documented in the district file to show party contacted, date of contact, and brief summary of the conversation. Each prospective appraiser must be made completely familiar with all provisions of the appraisal contract, appropriate instructions for preparing appraisals, and any other requirements necessary for the completion of the appraisal assignment.<br /> &lt;div id=&quot;After the appraiser has been made aware&quot;&gt;&lt;/div&gt;<br /> After the appraiser has been made aware of all facts regarding the prospective appraisal assignment, the district shall request a proposal setting forth a fee for each parcel by preparing a Proposal for Appraisal Work (use Form CCO RW 16, which is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) for execution by the District Engineer. <br /> <br /> The proposal must be dated, signed, and submitted to district right of way.<br /> <br /> The district right of way manager or a designated representative shall review each proposal to determine if reasonable fees are being proposed. Should it be determined that the proposed fees appear excessive, the district right of way manager or designee shall negotiate with the appraiser in an effort to achieve acceptable fees. In the event negotiations fail to produce acceptable fees, the district has the option to negotiate with another appraiser or initiate the competitive bid process.<br /> <br /> When acceptable fees are reached, the district may prepare an appraisal contract in favor of contract appraiser for execution by the district engineer. The district engineer shall review subject data and cause contract to be approved or rejected. The contract must contain the same provisions as the proposal, such as, authorization to estimate contributory value to unaffected improvements, furnishing specialty appraisal for inclusion in realty appraisal report, etc.<br /> <br /> One copy of the fully executed appraisal contract shall be sent to the Right of Way Section and a copy retained in the district files. The third copy is to be given to the contract appraiser, together with a current set of highway plans and such other data necessary to fulfill the contract. At that time, the appraiser shall also be given a written notice to proceed, stipulating the date on which he/she may begin working on the project.<br /> <br /> ===236.6.5.10 Contracting Specialty Appraisals===<br /> <br /> Persons or firms offering such services may be so limited that competition is nonexistent. If, however, there is a competitive market, proposals shall be solicited in the same manner as defined for realty appraisals. When open competition does not exist, the district shall contact available specialty appraisers for the purpose of soliciting proposals for the appraisal of machinery, equipment, trade fixtures, or other specialty items.<br /> <br /> Being listed on MoDOT’s current Roster of Approved Appraisers is not required. Every effort shall be made to secure the most qualified person for the proposed assignment.<br /> <br /> District personnel shall be available to accompany the prospective appraiser in the field review of items to be appraised and to explain the specifications and requirements of the contract, completion time, etc. After being made fully aware of all requirements, the prospective appraiser shall submit to the district a statement setting forth a proposed fee for the specialty items of each parcel. District personnel shall review the proposal and if acceptable, prepare and submit to the appraiser a Specialty Appraisal Contract. The contract must contain the same provisions as the proposal that was submitted. Upon return of the executed contract from the appraiser, district right of way shall then submit to the district engineer three copies of the contract, as executed by the appraiser. The district engineer shall review subject data and cause the contract to be approved or rejected.<br /> <br /> ===236.6.5.11 Supplemental Appraisal Contracts===<br /> <br /> Subsequent to the submission and/or acceptance of fee appraisals, it sometimes becomes necessary, due to plan changes or time lapse, to request reappraisals or updates. If such services are required, they are to be secured in cooperation with the fee appraiser by processing a supplemental appraisal Supplemental Appraisal Agreement (CCO Contract RW 18). (Form RW is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> ===236.6.5.12 Distribution of Fully Executed Appraisal Contracts===<br /> <br /> One copy of the fully executed appraisal contract shall be sent to the Right of Way Section. One copy must be retained in the district file and the third copy is to be given to the contract appraiser together with a current set of highway plans and other data necessary to accomplish the contract. At that time the appraiser shall also be given a written notice to proceed, stipulating the date on which the appraiser may begin working on the project.<br /> <br /> ===236.6.5.13 Fee Appraiser Performance Evaluation===<br /> <br /> The fee appraiser is to be made aware that their overall performance will be carefully evaluated and that failure to perform at an acceptable level can result in their removal from MoDOT’s list of approved appraisers. The appraiser must be rated after completion of each contract on which shortcomings or problems arose in the contract experience. The object of this evaluation is to document less-than satisfactory performance, not continually attempt to rate consistent satisfactory performance.<br /> <br /> For the evaluation process to be meaningful all answers must accurately reflect the conclusions of the person completing the form, based on a thorough analysis of the fee appraiser's performance on that specific contract.<br /> <br /> Some questions may require more than a simple yes or no answer. If that is the case the comments should be written on a separate page and attached to the evaluation report.<br /> <br /> Properly used the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Fee%20Appraiser%20Performance%20Evaluation%20Form%206.5.13.pdf Fee Appraiser Performance Evaluation] (Form 6.5.13) can be of considerable value to MoDOT in effectively managing contract appraisal work. It is intended to serve as the documentary basis for the retention or dismissal of fee appraisers. If an appraiser is to be removed from the roster of approved appraisers based on poor performance they must be notified in writing by the Asst. to the State Design Engineer - Right of Way.<br /> <br /> The Fee Appraiser Performance Evaluation is strictly for MoDOT’s internal use and is not to be given to fee appraisers.<br /> <br /> :'''A. Distribution Of Evaluation Form:'''<br /> <br /> :Upon completion of the Fee Appraiser Performance Evaluation, it is to be signed by the reviewer or district right of way manager, and a copy provided to the Right of Way Section.<br /> <br /> :The evaluation form will be retained in the fee appraiser's permanent file in the Division office.<br /> <br /> :'''B. Notification To Fee Appraiser Of Unsatisfactory Performance'''<br /> <br /> :If it is concluded by both district and Division reviewers that the appraiser’s work falls below an acceptable level in terms of quality and/or timeliness, a letter signed by the Asst. to the State Design Engineer - Right of Way shall be mailed to the contract appraiser advising that performance was found to be unsatisfactory. A copy of this letter is to be maintained in the appraiser's permanent file at Right of Way Section.<br /> <br /> :Suggested language for this is: “Attached please find a Fee Appraiser Performance Evaluation that has been completed as a result of your appraisal contract and activity on _______________. This is your notice of unsatisfactory performance in the completion of that contract. This evaluation will be kept as part of your permanent file.”<br /> <br /> :'''C. Notification To Fee Appraiser Of Removal From Roster Of Approved Contract Appraisers'''<br /> <br /> ::'''1.''' Removal from Roster After Unsatisfactory Performance<br /> <br /> ::If, after receiving a letter notification of unsatisfactory performance, the appraiser’s work on a subsequent contract results in an evaluation with a recommendation of unsatisfactory performance or removal from the Roster of Approved Appraisers a letter signed by the Asst. to the State Design Engineer - Right of Way shall be mailed to the contract appraiser advising that they have been removed from the Roster of Approved Appraisers in accordance with MoDOT policy.<br /> <br /> ::'''2.''' Removal From Roster After First Contract<br /> <br /> ::Special circumstances may warrant a recommendation for the removal of an appraiser from the Roster of Approved Contract Appraisers as a result of the first evaluation. In such case the appraiser may be notified of removal without prior notification of unsatisfactory performance.<br /> <br /> ::'''3.''' Concurrence From Chief Counsel on Removal From Roster<br /> <br /> ::Consideration should be given to the appraiser's involvement with other districts and LPAs as well as the disposition of cases where the appraiser might be expected to be a witness when determining the timing of removal from the Roster of Approved Contract Appraisers.<br /> <br /> ==236.6.6 Appraisal Agreements==<br /> <br /> ===236.6.6.1 Appraisal Agreement===<br /> <br /> All fee appraisers performing appraisal work for MoDOT shall do so by authority of a contractual agreement. An Appraisal Agreement (CCO RW17) (Form RW17 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is available. District right of way managers shall assure that each agreement contains: name and address of appraiser, parcel number for each parcel to be appraised, route, project, county, number of calendar days in which to complete the contractual work, a specific appraisal fee for each parcel, the personal services of given individual, signature of appraiser, and date appraiser signed proposed agreement. Appraisal agreements with companies, firms, or corporate entities shall designate a given individual who shall perform the valuation services. All appraisal agreements with companies, firms or corporate entities shall be executed by an officer of such entity and the individual identified as the individual who shall be performing the valuation service. Each appraisal agreement shall contain all appropriate attachments (see list at [[236.6 Appraisal and Appraisal Review#236.6.5.7 Preparation of Proposals and Submission to Appraisers |EPG 236.6.5.7]]).<br /> <br /> ===236.6.6.2 Supplemental Appraisal Agreement===<br /> <br /> A copy of the Commission's Supplemental Appraisal Agreement (CCO RW 18) (Form RW18 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements])is available. This document is designed to minimize administrative efforts when it becomes necessary to add additional parcels to the original Appraisal Agreement, reappraise certain parcels, update, or secure addenda to the original appraisal reports.<br /> <br /> The Supplemental Appraisal Agreement refers to specifications as recited in original Appraisal Agreement so it becomes imperative that such requirements and specifications are effective at the date &quot;new&quot; parcels are added to the original agreement. New parcels shall be construed to mean tracts not previously appraised or formerly appraised parcels where the plan or ownership revisions are so acute as to nullify the original appraisal report. Updating or addenda to the original appraisals shall not be subject to subsequently revised appraisal specifications.<br /> <br /> Supplemental Appraisal Agreements shall contain: name, signature, date of signature by appraisal contractor (signature must be exactly the same as shown in original agreement), contractor's address, date of original agreement, route, project, and county. Supplemental Appraisal Agreements shall also recite parcel numbers, type of appraisal data designated, such as appraisal, update, addendum, etc., and the fee to be paid for each parcel. When adding &quot;new&quot; or additional tracts to original Appraisal Agreement, the supplement must specify type of appraisal format required and approaches to value concurrent with standard appraisal format. Also a calendar period or time frame in which the work is to be completed must be specified.<br /> <br /> Three copies of Supplemental Appraisal Agreement, as signed by the proposed contractor shall be submitted to the district engineer. The district engineer shall review all contents of proposed Supplemental Appraisal Agreement and subsequently approve or reject the proposal. Should the Supplemental Agreement be approved as submitted, the district engineer will execute the documents. One fully executed copy shall be returned to the contractor, one copy shall be retained in district right of way and one shall be submitted to the Right of Way Section.<br /> <br /> ===236.6.6.3 Specialty Appraisal Agreement===<br /> <br /> The Specialty Appraisal Agreement shall be employed when it becomes necessary to contract for the services of specialty appraisers. Such specialized services may become necessary when evaluating machinery, equipment, and appurtenances situated within or upon premises being appraised by real estate appraisers.<br /> <br /> The district right of way manager shall assure that each proposed agreement contains: name and address of contractor, number of calendar days in which work shall be completed, route, project, county, tract number or numbers, owner's name, and fee to be paid for each parcel. The agreement shall include an appropriate [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1B). The proposed agreement shall also recite the individual's name that shall perform the valuation services, contractor's signature, the state in which incorporated (if corporate entity), and the date of execution by the contractor.<br /> <br /> Three copies of Specialty Appraisal Agreement, as signed by the proposed contractor shall be submitted to the district engineer. The district engineer shall review all contents of proposed Specialty Appraisal Agreement and subsequently approve or reject the proposal. Should the Specialty Appraisal Agreement be approved as submitted, the district engineer will execute the documents. One fully executed copy shall be returned to the contractor, one copy shall be retained in the district right of way and one shall be submitted to the Right of Way Section.<br /> <br /> ==236.6.7 Highway Beautification Program Billboard Valuation==<br /> <br /> ===236.6.7.1 General===<br /> <br /> Statutes of State of Missouri provide the Commission with authority to acquire certain off-premise outdoor advertising signs and junkyards without an associated acquisition project. Such authority is provided for the purpose of controlling signs adjacent to the [https://www.modot.org/media/14052 National Highway System] to promote highway safety, convenience and enjoyment of highway travel, and to preserve the national scenic beauty of highways and adjacent areas. As this program is executed, it will become necessary to appraise certain realty rights sought by the Highways and Transportation Commission.<br /> <br /> ===236.6.7.2 Appraisal Format for Billboards and Sites===<br /> <br /> Use the [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|Standard Format Appraisal]] and see [[#Billboard|EPG 236.6.1.D. 2, Billboard Valuation]] for instructions. Each appraisal report shall have attached [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 236.6.3.1.A) and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1.B).<br /> <br /> If a scenic easement is to be acquired, Scenic Easement, Form CCO RW 6 (Form RW6 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) for the terms and conditions that will be applied to the property and determine value accordingly.<br /> <br /> Valuation for sign site shall be determined by capitalizing economic rent. Such rents may be estimated from three comparably leased premises. Use [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Comparable Lease] (Form 236.6.3.5.C) to indicate pertinent leasing data.<br /> <br /> ===236.6.7.3 Specialized Services and/or Estimates===<br /> <br /> During the appraisal of certain signs, it may become advantageous to secure the services of specialized personnel or companies to advise as to cost of such items as electrical systems, unusual pictorial art, etc. Should the need for such services arise, the district right of way manager or their designee may inquire of two companies offering such services in an effort to determine approximate fees for the desired information. The district right of way manager shall then submit such proposals to the Right of Way Section for approval or rejection. Subsequently acquired cost data shall be reviewed by assistant right of way manager - certified, and if found acceptable, submitted to an appraiser for analysis and incorporation into appraisal document to the extent deemed appropriate by the appraiser.<br /> <br /> [[category:236 Right of Way|236.06]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=236.6_Appraisal_and_Appraisal_Review&diff=51768 2022-08-23T20:08:26Z

<p>Hallej1: /* 236.6.3.8 Maintenance Lot and Capital Improvement Valuation */</p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:15px; border: 1px solid #cccccc; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;250px&quot; align=&quot;right&quot; <br /> |- <br /> |'''Forms'''<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Adjustment%20of%20Value%20or%20Just%20Compensation%20Form%206.4.4.docx Adjustment of Value or Just Compensation (Form 6.4.4)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Application%20for%20Employment%20Contract%20Appraiser%20Form%206.5.3.pdf Application for Employment as Contract Appraiser (Form 6.5.3)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation (Form 6.4.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions (Form 6.3.1A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser (Form 6.3.1B)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Comparable Lease (Form 6.3.5C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Fee%20Appraiser%20Performance%20Evaluation%20Form%206.5.13.pdf Fee Appraiser Performance Evaluation (Form 6.5.13)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Nonresidential Sale (Form 6.3.5A)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Realty%20Asset%20Estimate%20Greater%20than%20%2425000%20Form%20236.6.3.7C.pdf Realty Asset Estimate Greater Than $25,000 (Form 6.3.7C)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Realty%20Asset%20Estimate%20Less%20than%20%2425000%20Form%20236.6.3.7.b.pdf Realty Asset Estimate Less Than $25,000 (Form 6.3.7B)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Renewal%20Application%20Employment%20Contract%20Appraiser%20Form%206.5.3a.pdf Renewal Application for Employment as Contract Appraiser (Form 6.5.3a)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Residential Sale (Form 6.3.5B)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Roster of Approved Contract Appraisers]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment (Form 6.2.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format (Form 6.3.1)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Summary%20of%20Tenant%20Interests%20Form%206.3.1C.pdf Summary Value of Tenant Interests (Form 6.3.1C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx Uniform Residential Appraisal Report and Addendum (URAR) (Form 6.3.4)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20Finding%20Appraisal%20Form%20236.6.3.2.docx Value Finding Appraisal Format (Form 6.3.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20for%20Realty%20Asset%20Inventory%20Form%206.3.7.A.dotx Value for Realty Asset Inventory (Form 6.3.7A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Waiver%20Valuation%20Form%206.3.3.docx Waiver Valuation - Payment Estimate (Form 6.3.3)]<br /> |-<br /> |Forms RW16 and RW17 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].<br /> |}<br /> <br /> <br /> ==236.6.1 Overall Operating Policies==<br /> <br /> ===236.6.1.1 Appraisal Reports Required===<br /> <br /> It shall be the policy of The Missouri Department of Transportation (MoDOT) to secure at least one appraisal of each fee hold which is sought, or from which is sought certain realty rights having an estimated value that exceeds $25,000. Said appraisals shall be prepared on approved formats and comply with accepted appraisal practices.<br /> <br /> Non-complex valuations of acquisitions of less than $25,000 shall be prepared on a [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Waiver%20Valuation%20Form%206.3.3.docx Payment Estimate], (Form 236.6.3.3) or other Waiver Valuation document that has been approved by Right of Way Section, Waiver Valuations, including Payment Estimate are not considered an appraisal.<br /> <br /> An exception to this policy shall include lands or rights owned by the United States of America or any other entity where the owners thereof are willing to donate necessary rights or parts thereof subsequent to being informed of MoDOT's policy with regard to appraisals and grantors' rights to receive just compensation.<br /> <br /> District right of way management may assign additional appraisal reports by the same staff or fee appraiser that prepared an initial appraisal report (i.e. changed conditions, time, different format for condemnation, etc.) or assign an additional appraisal report to a different appraiser. Additional appraisal reports by two appraisers for the same time and conditions should only be assigned when the complexity of the acquisition already necessitates a Standard Format appraisal and should only be assigned under the most complex and high value situations. Complexity and relative high value varies by location, available data, unique nature or property type, extent of property impact, etc. A second appraisal of the same conditions and effective date might be considered when an initial appraisal submittal is found to be inadequate or inappropriate, as determined by district right of way management. Additional appraisal reports by the same or different appraiser may be considered prior to condemnation action, as determined by district right of way management.<br /> <br /> A specialty appraisal shall be secured when affecting or acquiring all or a part of equipment, trade fixtures, or specialty items and the evaluation thereof is beyond the expertise of realty appraiser(s), as indicated by the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment], (Form 236.6.2.2).<br /> <br /> :'''A. Valuation Reports Provided to Owner and Tenant'''<br /> <br /> :MoDOT adopted policy January 1, 2004 to provide valuation reports to owners at the initiation of negotiation ([[236.7 Negotiation|EPG 236.7 Negotiation]]).<br /> <br /> :[https://revisor.mo.gov/main/OneSection.aspx?section=523 Chapter 523 RSMo] requires &quot;(1) Any condemning authority shall, at the time of the offer, provide the property owner with an appraisal or an explanation with supporting financial data for its determinations of the value of the property for purposes of the offer made in subsection 1 of this section. (2) Any appraisal referred to in this section shall be made by a state-licensed or state-certified appraiser using generally accepted appraisal practices.&quot;<br /> <br /> :The above licensing and certification requirement is satisfied by the co-signature of a certified person on Waiver Valuations and review by a certified person on value finding and standard appraisals.<br /> <br /> :'''B. Guidelines for Valuation Reports Provided to Owner and Tenant'''<br /> <br /> ::*Approved appraisal report or Payment Estimate/Waiver Valuations will be provided to owners, with all analysis and adjustment grids, exhibits, certificates, etc.<br /> ::*Reviewers should not remove any material, approach, conclusion, exhibit, etc. from reports without the cooperation and consent of the appraiser.<br /> ::*When a reviewer is required to reconcile between two MoDOT-authorized appraisals, district management shall make a determination of what report(s) and other supporting rationale are to be provided to the owner. Each report shall contain its own sale data, with only location, size, price and other comparative data being included.<br /> ::*If Sale Data Sheets are provided to owners, it will necessitate that the appraiser using the form will be fully responsible for the content of sale forms written by others.<br /> ::*Confidentially confirmed sale information cannot be included in appraisals provided to owners. If there is no substitute for the use of confidential information, the method of its use must be addressed by the district on a case-by-case basis. The information may only be useable as backup or support in the appraiser’s file, rather than in the report.<br /> ::*When tenant owned improvements, fixtures or personalty are acquired or affected by the acquisition, the district should prepare and provide a [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Summary%20of%20Tenant%20Interests%20Form%206.3.1C.pdf Summary Value of Tenant Interests] (Form 236.6.3.1.C), to the tenant.<br /> <br /> :'''C. Review Forms to Right of Way Section'''<br /> <br /> :Copies of appraisals shall be maintained in the district according to document retention schedule and are not sent to Right of Way Section. A copy of [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation] (Form 236.6.4.3) and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Adjustment%20of%20Value%20or%20Just%20Compensation%20Form%206.4.4.docx Adjustment Of Value Or Just Compensation] (Form 236.6.4.4) shall continue to be sent to Right of Way Section.<br /> <br /> :'''D - RWPA system requirements for Appraisals and Improvements'''<br /> <br /> The approved appraisal must be uploaded in eProjects under the applicable project and parcel. All data must be entered in RWPA on the Appraisal List screen: Type (Appraisal, Revision, Review), Format, Date, Appraised Amount and Approved Amount. <br /> <br /> If there are any improvements on the property, the Type of Improvement (Residential, Commercial, Agricultural, Industrial or Other) must be entered on the Improvements screen in RWPA.<br /> <br /> ===236.6.1.2 Certification and Appraisal Assignment===<br /> <br /> All fee appraisal work performed for MoDOT for realty acquisition, shall be by contractual agreement with certified appraisers from the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Roster of Approved Contract Appraisers].<br /> <br /> Any right of way personnel that have a Residential or General Certification are authorized to prepare appraisal reports and Waiver Valuations. The district right of way manager may authorize non-certified senior, intermediate and right of way specialists to prepare and sign Waiver Valuations. The Right of Way Section may authorize non-certified senior, intermediate and right of way specialists to prepare and sign [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Value Finding], [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Format] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR] appraisal reports.<br /> <br /> Waiver valuations shall be prepared or cosigned by certified personnel. Value Finding, Standard Format and URAR appraisal reports prepared by non-certified personnel will be reviewed by, and just compensation approved by certified personnel.<br /> <br /> ===236.6.1.3 Moonlighting===<br /> <br /> The practice of right of way personnel holding additional jobs in the real estate profession, such as sales, brokering, appraising, researching, or sale of realty information and escrowing realty accounts, is strictly prohibited. Refer to [https://www.modot.org/sites/default/files/documents/Conflict%20of%20Interest_0.pdf Personnel Policy 2514 Conflict of Interest].<br /> <br /> ===236.6.1.4 Employment of Retirees===<br /> <br /> Human Resources, [https://www.modot.org/sites/default/files/documents/Employment%20of%20Retirees.pdf Personnel Policy Manual, Policy 0514, Employment of Retirees], governs contracting for appraisal or other realty and relocation services by retirees.<br /> <br /> ===236.6.1.5 Separation of Functions===<br /> <br /> :'''A. Valuation Limit'''<br /> <br /> :The same individual may value and negotiate for simple acquisitions with compensation of $25,000 or less (excluding fence), and valued by a Waiver Valuation. Valuation conclusions less than $25,000 and prepared on other than a Waiver Valuation (for complexity purposes) must be negotiated by personnel other than the valuer.<br /> <br /> :'''B. Relocation Restriction'''<br /> <br /> :An appraiser, having appraised a given parcel containing occupied improvements, may compile a rental subsidy study or replacement housing comparison record for that given property.<br /> <br /> ===236.6.1.6 Use of Forms===<br /> <br /> The forms provided shall be used without alteration, to the extent practical. Since appraisals and Waiver Valuations may be provided to property owners, each report should contain all necessary supporting information to make the report complete and informative.<br /> <br /> Use of alternative sale forms by fee appraisers is addressed in [[236.6 Appraisal and Appraisal Review#236.6.3.5 Instructions for Preparing Sale Forms|EPG 236.6.3.5.D]].<br /> <br /> ===236.6.1.7 Commission Member and Employee Property Valuation===<br /> <br /> See [[236.3 Administration#236.3.4.9 Acquisition of Property from an Employee or a Commissioner of MHTC|EPG 236.3.4.9 Acquisition of Property from an Employee or a Commissioner of MHTC]].<br /> <br /> ==236.6.2 Scope of Assignment==<br /> <br /> ===236.6.2.1 Scope of Assignment===<br /> <br /> [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR 24.103] requires minimum requirements for appraisals consistent with established and commonly accepted appraisal practice, including all relevant and reliable approaches to value. These appraisal requirements accommodate an appraisal reporting level commensurate with complexity. [[#USPAP|Uniform Standards of Professional Appraisal Practice (USPAP)]], (see EPG 236.6.3.1.d.17), contains a “Scope of Work Rule”, which requires identification of the problem to be solved, determination and performance of the scope of work necessary to develop credible assignment results, and disclosure of the scope of work in the report. To fulfill the objectives of the CFR and USPAP, the Missouri Department of Transportation (MoDOT) has developed the Scope of Assignment process to assure appraisal reports meet reporting requirements, appraisal principles and standards, and provide a high quality appraisal document. The Scope of Assignment preparer must be familiar with the requirements of the various formats (see [[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions|EPG 236.6.3 Valuation Formats and Instructions]]).<br /> <br /> All Scope of Assignment documents will be prepared by an individual familiar with all appraisal requirements for proper appraisal practice, approaches to value, rules and laws relevant to valuation for condemnation purposes, 49 CFR, USPAP, etc. The scope will identify the anticipated minimum requirements for an appraisal document to address all issues resulting from acquisition from a property. The Scope of Assignment preparer shall assign a level of documentation consistent with the complexity and anticipated value conclusion range of each acquisition. The assignment criteria must assure adequate documentation yet not assign or pay for more work than meets MoDOT’s needs.<br /> <br /> The Scope of Assignment, Form 6.2.2, can be used as a working document throughout the life of the appraisal work for a project.<br /> <br /> ===236.6.2.2 Scope of Assignment Processes===<br /> <br /> A Scope of Assignment may merely direct an appraiser experienced with MoDOT formats and their instructions, what format to use along with any special instructions. Otherwise, a more detailed Scope of Assignment shall be used for staff or fee appraisers less experienced with MoDOT formats.<br /> <br /> '''Scope of Assignment for Complex Assignment or Inexperienced Staff and Fee'''<br /> <br /> A Scope of Assignment may indicate the following for each parcel, when applicable:<br /> <br /> :'''1.''' Total land area, proposed acquisition area, temporary and permanent easement, etc.<br /> <br /> :'''2.''' A description of land and improvements.<br /> <br /> :'''3.''' The manner in which proposed highway improvement might affect remaining real property.<br /> <br /> :'''4.''' Identify and explain all observed elements of loss or damage.<br /> <br /> :'''5.''' Identify curable losses, if any are observed.<br /> <br /> :'''6.''' Under all appraisal formats the value estimates must include all fee owned and tenant owned improvements, both affected and unaffected. The scope may authorize the appraiser to estimate the contributory value of unaffected improvements.<br /> <br /> :'''7.''' A statement from Commission's counsel with regard to special benefits when it is anticipated that such benefits may accrue to a remaining fee hold.<br /> <br /> :'''8.''' An explanation of those appraisal problems that warrant two appraisals on the same parcel.<br /> <br /> :'''9.''' A Scope of Assignment may indicate what evidence is required to support depreciation rates for affected improvements when a cost approach is specified. If primary reliance is likely to be placed on the cost approach a higher standard of support for the depreciation estimate should be required.<br /> <br /> :'''10.''' A Scope of Assignment may indicate if specialty appraisals to evaluate affected machinery, specialty items, trade fixtures, etc. are required. Also, if MoDOT or the fee appraiser is responsible for obtaining said appraisal and which party is responsible for the cost of specialty appraisals.<br /> <br /> :'''11.''' A Scope of Assignment may indicate a suggestion or requirement to engage a contractor to furnish cost to cure estimates for rehabilitating remainder buildings, correcting or revising affected sewer systems, water lines, fence, etc., and if MoDOT or the fee appraiser is responsible for obtaining and the cost of the contractor’s services.<br /> <br /> :'''12.''' Approaches to Value<br /> <br /> :The sales comparison approach often develops the most credible indication of value. In most situations this may be the only approach necessary to estimate just compensation. The cost less depreciation approach is best applied to newer, special use, or unique improvements not normally transferring in the market place. An income approach may be implemented when appropriate.<br /> <br /> :The Scope of Assignment shall indicate the recommended approach or approaches to value &quot;before&quot; as well as &quot;after&quot; when applicable.<br /> <br /> :The sales comparison approach shall be shown for parcels where appraiser relies upon vacant land sales and may estimate contributory value of unaffected improvements.<br /> <br /> ==236.6.3 Valuation Formats and Instructions==<br /> <br /> ===236.6.3.1 Standard Appraisal Format===<br /> <br /> Use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format] (Form 236.6.3.1) is required when:<br /> <br /> :*the appraisal problems are judged complex<br /> :*the highest and best use of a property as improved is different than the highest and best use as if vacant<br /> :*residential or other major improvements are acquired, unless use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR] appraisal is specified.<br /> :*there is a change in the highest and best use after the acquisition.<br /> <br /> The appraiser shall adhere to the following format and shall include paragraph headings and numbers as shown. The appraisal shall be typewritten on 8 1/2&quot; x 11&quot; paper with the pages numbered sequentially.<br /> <br /> These format instructions set out appraisal requirements of the Missouri Department of Transportation (MoDOT) and the Federal Highway Administration (FHWA). It is inevitable that appraisers will occasionally encounter situations that are not specifically addressed herein. In all cases the appraiser is responsible for a credible, adequately documented appraisal. Reasonableness and typical professional appraisal practices are the standard.<br /> <br /> There are a number of ownership items and appraisal problems frequently encountered in valuing acquisitions for transportation purposes, on which policies have been established by case law, management decision and precedent. These policies apply to all appraisal formats and are described in [[#Other Appraisal Considerations|EPG 236.6.3.1.D, Other Appraisal Considerations]].<br /> <br /> <br /> [[Image:236.6.3 Standard Identification Block.jpg|right|400px]]<br /> <br /> A standardized identification block (see example at right) shall be included at the front of the appraisal, without deviation.<br /> <br /> <br /> Reporting the effective date of appraisal and date of report are required by Code of Federal Regulations (CFR) and [[#USPAP|Uniform Standards of Professional Appraisal Practice (USPAP)]]. The effective date of appraisal establishes the context for the value opinion, generally the date of last inspection. For condemnation appraisal reports, the effective date will be the date the commissioners’ award is paid into court. The report date with the signature on the certificate should normally be the date the appraisal is complete or turned in for review.<br /> <br /> &lt;div id=&quot;Owner and Tenant Owner&quot;&gt;&lt;/div&gt;<br /> :'''1. Owner and Tenant Owner'''<br /> <br /> :Identify owner and tenant owner by address, phone number, etc.<br /> <br /> &lt;div id=&quot;Purpose of Appraisal&quot;&gt;&lt;/div&gt;<br /> :'''2. Purpose of Appraisal'''<br /> <br /> :The purpose of this appraisal is to estimate just compensation due the owners as a result of acquiring land and realty rights as herein described.<br /> <br /> ::'''Fair Market Value Definition:''' Fair market value is the value of the property taken after considering comparable sales in the area, capitalization of income, and replacement cost less depreciation, singularly or in combination, as appropriate, and additionally considering the value of the property based upon its highest and best use, using generally accepted appraisal practices. If less than the entire property is taken, fair market value shall mean the difference between the fair market value of the entire property immediately prior to the taking and the fair market value of the remaining or burdened property immediately after the taking. See [https://revisor.mo.gov/main/OneSection.aspx?section=523.001 RSMo 523.001].<br /> <br /> ::Do not use definitions from various appraisal organizations and sources. Failure to use the above definitions can result in having the testimony of a witness stricken.<br /> <br /> ::'''Intended Use:''' The intended use of the appraisal report is to assist MoDOT establish of the amount of compensation to pay for the land and property rights to be acquired.<br /> <br /> ::'''Intended Users:''' Intended users of this report are the Missouri Highways and Transportation Commission (the client), the MoDOT, the FHWA and the United States Department of Transportation and persons authorized by the client. Although the MoDOT authorizes a copy of this appraisal report be provided to the owner of the subject property for information only, the owner is not an intended user as defined by USPAP.<br /> <br /> ::'''[[#USPAP|Uniform Standards of Professional Appraisal Practice (USPAP)]]:''' The appraiser shall include the following statement in the appraisal report:<br /> <br /> &lt;div id=&quot;Compliance Statement&quot;&gt;&lt;/div&gt; <br /> ::'''USPAP Compliance Statement:''' This appraisal was prepared according to the contract/assignment from the agency, Missouri Department of Transportation. The intended use of the appraisal is for eminent domain related acquisition and the agency is the only intended user (except as indicated above). The agency bears responsibility for contract/assignment requirements that meet its needs and therefore are not misleading. In combination with the Scope of Assignment and review function, all appraisal reports assigned by the agency identify the problem to be solved, determine the scope of work necessary to solve the problem and correctly complete research and analysis necessary to produce a credible appraisal, and are therefore in compliance with USPAP Standard 1. In that the agency is the only intended user of the report and others may only be provided copies for informational purposes, the agency has determined that reports prepared in conformance with these procedures constitute an Appraisal Report, which fulfills the agency’s needs. For any inconsistencies with USPAP, appraisers are protected by the USPAP Jurisdictional Exception provision.<br /> <br /> &lt;div id=&quot;Interest Appraised&quot;&gt;&lt;/div&gt;<br /> :'''3. Interest Appraised'''<br /> <br /> :The interest appraised will normally be fee simple interest. If the ownership is encumbered with a lease, the value conclusion may be a leased fee estate. Easement encumbrances impacting market value shall be identified.<br /> <br /> &lt;div id=&quot;Scope of Work&quot;&gt;&lt;/div&gt;<br /> :'''4. Scope of Work'''<br /> <br /> :Reference the information researched and the analysis applied in an assignment. Appraisers have a responsibility in determining the appropriate scope of work for an appraisal assignment. Credible assignment results require support by relevant evidence and logic. Scope of Work includes, but is not limited to:<br /> <br /> ::*The extent to which the property and comparable sales were inspected<br /> ::*The extent of data research<br /> ::*The extent of analysis applied to arrive at opinions or conclusions.<br /> <br /> :The Scope of Work is supplemented by the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment] (Form 236.6.2.2), a document prepared by individuals other than the appraiser, and setting out the minimum reporting requirements of the appraisal.<br /> <br /> &lt;div id=&quot;Identification of the Property&quot;&gt;&lt;/div&gt;<br /> :'''5. Identification of the Property'''<br /> <br /> :The real estate involved in the appraisal can be specified by a property description, address, map reference, copy of a survey or map, property sketch and/or photographs or the similar information. Lengthy property descriptions should not be reiterated within the report, but rather copies of the title report or last deed of record should be reviewed by the appraiser and retained in the appraiser’s work file.<br /> <br /> &lt;div id=&quot;History of the Property&quot;&gt;&lt;/div&gt;<br /> :'''6. History of the Property'''<br /> <br /> :The appraisal report must state the history of the property and cannot merely say, &quot;No transfers&quot; or &quot;none&quot;. Indicate all transfers of subject realty for the five years immediately preceding the date of the appraisal. Show the parties to the transactions, dates of transactions, books and pages, instrument numbers and verified sale prices when possible to obtain. If sales of the subject are comparable sales in the report, reference to them will satisfy the requirement of this section. Include details of any current sale agreement, option or listing of the subject property if such information is available to the appraiser in the normal course of business. If the information cannot be determined, the report should state the reasons. If the report states there has been no sale, contract, option, or listing, it must also state how that determination was made.<br /> <br /> :Good appraisal practice dictates that appraisers consider and analyze recent sales, contracts, options or listings of the property being appraised. If, in the appraiser’s opinion, any of the above does not reflect current value of the property, the appraiser must provide reason. The phrase &quot;not an arms length transaction&quot; is not adequate without explanation.<br /> <br /> &lt;div id=&quot;Description of Property Before Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''7. Description of Property Before Acquisition'''<br /> <br /> ::'''A. Zoning:'''<br /> <br /> ::The applicable code and category of zoning should be stated (for example, R-1 (the code), Single-Family District (the category)). Special zoning provisions or restrictions should be noted, such as minimum lot size or number of developed units allowed. The report should state whether the subject property is in conformance with the zoning code.<br /> <br /> ::If the subject is non-conforming, the highest and best use and value analysis sections of the report must deal with any effect of the non-conformity upon use and value. Probability of zoning change should be addressed in the highest and best use analysis.<br /> <br /> :::*Code<br /> :::*Category <br /> :::*Compliance<br /> :::*None<br /> <br /> ::'''B. Land:'''<br /> <br /> ::Site description should include dimensions, shape, size and frontage as appropriate. Describe the topography, roads or streets and frontages, legal access rights and physical entrances, and all non-structural site improvements including but not limited to paving, curbing, retaining walls, landscaping, ponds and terracing.<br /> <br /> ::If agricultural land, information on soil types and productivity, percent cleared and timbered, and historic uses such as cropland and pasture land may be appropriate.<br /> <br /> ::Information should be included on encumbrances, recorded or unrecorded, such as deed restrictions, limitation of access, utility easements, flowage or drainage easements, etc. which may affect market value.<br /> <br /> ::*Access Before Acquisition: The report shall discuss the available legal and physical access of the subject property as well as the comparable sales. Legal access represents a deeded or permitted access point to a property. Physical access merely reflects the presence of existing entrances, which may or may not be legal.<br /> ::*Utilities In Use Before Acquisition:<br /> ::*Utilities Available Before Acquisition: Identify what utilities are in use, whether public or private, and what utilities are reasonably available to the property.<br /> <br /> ::'''C. Fee Owned Improvements, Fixtures and Personalty:'''<br /> <br /> ::These items shall be inspected, identified and described in sufficient detail to indicate their uses, quality, condition and location upon the premises.<br /> <br /> ::The description of affected improvements shall include such items as significant deferred maintenance, recent renovation and a statement of actual and effective age.<br /> <br /> ::Unaffected improvements shall be inspected to the extent that they can be adequately described. If directed in the Scope of Assignment, the appraiser may estimate the contributory value of unaffected improvements without support.<br /> <br /> ::The appraiser shall identify and value personal property, trade fixtures, or intangible items that are not real property but are impacted by the acquisition and are included in the valuation. When there are items such as appliances, fireplace inserts, equipment, on-premise signs, mobile homes, etc., which could be realty or personalty, the report shall identify them and state whether they are considered personalty or realty. See [[#Personalty and Fixtures|EPG 236.6.3.1.D.12]] for instructions on personalty and fixtures.<br /> <br /> ::When appropriate the impact of Title III of the Americans With Disabilities Act of 1990 as outlined in [[#Other Appraisal Considerations|EPG 236.6.3.1.D.1, Other Appraisal Considerations]] should be addressed.<br /> <br /> ::'''D. Tenant Owned Improvements, Fixtures and Personalty:'''<br /> <br /> ::All buildings, structures or other improvements, except outdoor advertising structures, which are a part of the realty and owned by someone other than the fee holder shall be valued as such items contribute to the fee or valued for removal (salvage), whichever is greater.<br /> <br /> ::The report shall identify the terms of the lease and describe buildings, structures or other improvements owned by someone other than the fee holder, which the tenant has the right or obligation to remove at the expiration of the lease term.<br /> <br /> ::All tenant owned improvements including outdoor advertising structures shall be identified and described as separate assets from that of the fee holder. Follow instructions for describing improvements in Paragraph 7C of this section. See [[#Personalty and Fixtures|EPG 236.6.3.1.D.12]] for instructions on personalty and fixtures.<br /> <br /> ::When appropriate the impact of Title III of the Americans With Disabilities Act of 1990 as outlined in [[#Other Appraisal Considerations|EPG 236.6.3.1.D, Other Appraisal Considerations]] should be addressed.<br /> <br /> ::'''E. Other Appraisal Considerations:'''<br /> <br /> ::Methods and directions for addressing other property elements are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> &lt;div id=&quot;8. Highest and Best Use Analysis Before Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''8. Highest and Best Use Analysis Before Acquisition'''<br /> <br /> :The appraiser shall analyze the highest and best use before acquisition to the extent commensurate with the appraisal problem. Estimation of market value requires consideration of the highest and best use or uses for which the property is suited. Conclusion of highest and best use of vacant land should be consistent with zoning or evidence shall be included supporting the probability of zoning change. If the subject property is unzoned vacant land, highest and best use should be consistent with surrounding land use and area trends or evidence supporting the different use shall be offered. If the highest and best use is the existing use as improved, reasons supporting this conclusion should be explained. If the highest and best use is different from the current use as improved and particularly if other than allowed by current zoning, this conclusion should be supported by market evidence and analysis showing that this use is financially feasible, physically possible, and that there is a high probability of obtaining the necessary zoning. An unsupported statement of conclusion will not meet the requirement for highest and best use analysis in the Standard Format.<br /> <br /> ::'''A.Valuation of Properties with Multiple Highest and Best Uses:'''<br /> ::Properties with the potential for multiple highest and best uses may be valued from comparable sales with like potential or as an alternative, the appraiser may value each use area by data comparable to each specific use to reach a value conclusion. Should an appraiser pursue the latter method of evaluation three sales comparable to each specific use area must be included and analyzed in the sales comparison approach, appropriate cost and income data for each use area shall be included if these approaches are utilized, and it must be shown that the owner may convey each specific use area without affecting the value of the remaining area(s).<br /> <br /> ::'''B.Valuation of Improvements That Do Not Represent the Highest and Best Use of the Property:'''<br /> ::If improvements do not represent the highest and best use of the property they may have interim use value, depreciated in place value, salvage value (value of salvage exceeds cost of removal), no value (removal cost equals salvage value) or negative value (removal cost exceeds salvage value). The analysis should be clear as to which valuation premise is being used. Compensation for improvements, like fence, that may not contribute to the fulfillment of the highest and best use may be considered when the property was previously fenced and the owner utilizes the property for livestock confinement.<br /> <br /> ::If a salvage value is included in [[#Salvage Value|Paragraph 18 (Salvage Value)]], the before value of that improvement must be at least equal to that salvage value.<br /> <br /> &lt;div id=&quot;Valuation Before Acquisition&quot;&gt;&lt;/div&gt; <br /> :'''9. Valuation Before Acquisition'''<br /> <br /> ::'''Required Approaches:'''<br /> ::Appraisers shall as a minimum complete the approach or approaches to value as specified within the body of the appraisal agreement and/or elements of the Scope of Assignment. If the appraiser determines the appraisal problem is more or less complex than reflected in the Scope of Assignment, it is the appraiser’s responsibility to communicate the necessity to amend the Scope of Assignment, which may necessitate renegotiation of the agreement.<br /> <br /> ::Each required approach to value, both before and after when applicable, shall be compiled in accordance with accepted appraisal principles and techniques, with appropriate specifications contained in these instructions and in compliance with [https://www.fhwa.dot.gov/legsregs/directives/cfr23toc.htm 23 CFR - Highways] and [https://ecfr.io/Title-49/ 49 CFR – Transportation].<br /> <br /> ::Sales of the subject within the past 5 years and current Agreements of Sale, options and listings of the subject property shall be considered and analyzed. In some cases, sales of the subject over 5 years old may still be relevant.<br /> <br /> ::'''Sales Data and Other Market Support:'''<br /> ::Each appraisal report prepared on the Standard Appraisal Format shall contain sufficient documentation, including valuation data and the appraiser's analysis of that data, to support the opinion of value.<br /> <br /> ::Appraisers shall incorporate within the appraisal reports adequate sales and other supporting data to relay the necessary comparative information using Comparable Sale [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Forms 236.6.3.5.A] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx EPG 236.6.3.5B].<br /> <br /> ::The report shall contain a sales map in sufficient detail to allow the reader to drive to each sale.<br /> <br /> &lt;div id=&quot;Sales Comparison&quot;&gt;&lt;/div&gt;<br /> ::'''A. Sales Comparison Approach Before Acquisition:'''<br /> <br /> ::When a sales comparison approach is applicable, an appraiser must analyze such comparable sales data as are available to indicate a value conclusion.<br /> <br /> ::A comparable sale may be considered as follows:<br /> <br /> ::*a real property transferring on the open market within approximately 5 years of the date of appraisal in which the sale is referenced as a basis for conclusion of value,<br /> ::*a sold property which is similar and/or suitable for comparison with realty being appraised with regard to land area, shape, location, topography, utilities, improvements when applicable, potential highest and best use(s) and any other sufficiently similar qualities which may enable an informed person to arrive at a reasonable estimate or conclusion of value.<br /> ::*Pending contracts should be considered but not relied upon.<br /> ::*Contract for Deed may be used, however, if the contract is not recorded, a copy of the contract must be part of the appraiser’s file.<br /> <br /> ::Comparable sale data shall be reported in each applicable portion of Sale Form [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx 236.6.3.5.A] or [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Form 236.6.3.5.B].<br /> <br /> ::A minimum of three comparable sales is required as a basis for an evaluation by the sales comparison approach in the Standard Format, unless a different number is authorized in the Scope of Assignment. An arms-length sale of the subject property may be considered a comparable sale provided the transfer occurred within approximately 5 years of the date of appraisal. Adjustments for changes in market conditions and/or improvements may be necessary to align sale price with current value.<br /> <br /> ::Each comparable sale shall be compared with the appraised realty and adjustments implemented for each significant element of difference affecting value. An explanation shall be offered for each individual adjustment. Differences may be measured by either dollars or percentage. A lump-sum adjustment for more than one difference is not acceptable.<br /> <br /> ::The appraisal report shall contain sufficient sales data or other factual data and analyses of such data as to lend credible support to an opinion of each adjustment or value differential applied to the comparable sale. The only exception to this policy shall apply when such supportive data cannot be abstracted by sales analyses and the appraiser so states. Comments regarding adjustments abstracted from or based upon sale analyses shall include reference to the section or page number of the report where the abstraction is explained. Comments sufficient to explain the appraiser's rationale and reasoning shall be offered for each adjustment which could not be supported by sales, sales analyses or other factual data.<br /> <br /> ::Comparable sales used as a basis for evaluating unimproved land must be either unimproved or all improvements totally and completely depreciated and offering no contributory value at date of sale. The procedure of abstracting estimated contributory value of improvements from selling price to arrive at residual value for unimproved land shall not be considered credible sale evidence or a basis for valuing unimproved realty.<br /> <br /> ::Use of sales that have improvements located on them as vacant land sales, when it has been confirmed that those improvements did not contribute to value, is acceptable provided that during the course of time that the sale is being relied upon, those improvements have not been rehabilitated for renewed use. Once it becomes apparent that an improvement, formerly concluded to have no contributory value, has been put back into productive use, a sale written to the contrary has lost much of its credibility and is not to be used as a comparable for land valuation.<br /> <br /> ::Each sale shall be analyzed to yield a value indication for the subject. These value indications shall be reconciled to a value conclusion by the sales comparison approach. A final conclusion of value differing from the range indicated by the comparable sales must be explained in depth.<br /> <br /> ::Before Value by Sales Comparison Approach: $_______________<br /> <br /> &lt;div id=&quot;Cost Approach&quot;&gt;&lt;/div&gt;<br /> ::'''B. Cost Approach Before Acquisition:'''<br /> <br /> ::When a cost approach is applicable, an appraiser must:<br /> ::*develop an opinion of site value by an appropriate appraisal method or technique<br /> ::*analyze such comparable cost data as are available to estimate the cost new of the improvements<br /> ::*analyze such comparable data as are available to estimate the difference between the cost new and the present worth of the improvements (accrued depreciation)<br /> <br /> ::When utilizing the cost approach the appraiser shall offer a minimum of three unimproved land sales to serve as a basis for evaluating unimproved land, unless a different number is authorized in the Scope of Assignment. Each land sale must meet the criteria as prescribed for comparable sales in Paragraph 9A of this Section.<br /> <br /> ::The appraiser shall compare each individual comparable land sale with the subject property. Adjustments to each comparable sale shall be in accordance with specifications set forth in Paragraph 9A of this section.<br /> <br /> ::'''Improvement Costs:''' All elements recited in the cost approach must be substantiated by reference to specific sections of acceptable cost manuals, contractor's estimates, manufacturer's or dealer's cost data or by other appropriate sources. The appraiser may determine the value of nominal or unique elements in the cost approach with the best available method, with the requirement for support relative to the value conclusion.<br /> <br /> ::The use of either replacement or reproduction cost is acceptable if the following two definitions are properly applied:<br /> <br /> :::Replacement cost is the estimated cost to construct at current prices a building with utility equivalent to the building being appraised, using modern materials and current standards, design and layout.<br /> <br /> :::Reproduction cost is the estimated cost to construct at current prices an exact duplicate or replica of the building being appraised using the same materials, construction standards, design, layout and quality of workmanship, and embodying all of its deficiencies, superadequacies and obsolescence.<br /> <br /> ::'''Depreciation of Improvements:''' When completing the cost approach, the appraiser shall determine from market data or by the age/life method the applicable rate of depreciation for residential units, commercial buildings and other principal capital improvements. Improvements of a minor nature may be depreciated based on observed condition. Depreciation rates for mechanical appurtenances and/or trade fixtures may be estimated from age/life data furnished by the manufacturer or supplier, or from accepted cost manuals.<br /> <br /> ::Before Value by Cost Approach: $____________ <br /> <br /> &lt;div id=&quot;Income Approach&quot;&gt;&lt;/div&gt; <br /> ::'''C. Income Approach Before Acquisition:'''<br /> <br /> ::When an income approach is applicable, an appraiser must:<br /> <br /> ::*analyze such comparable rental data as are available and/or the potential earnings capacity of the property to estimate the gross income potential of the property;<br /> ::*analyze such comparable operating expense data as are available to estimate the operating expenses of the property;<br /> ::*analyze such comparable data as are available to estimate rates of capitalization and/or rates of discount; and <br /> ::*base projections of future rent and/or income potential and expenses on reasonably clear and appropriate evidence.<br /> <br /> ::The appraiser shall, when implementing an income approach to value, develop an overall capitalization rate from sales of comparable realty investments, band of investment or other accepted method. Discounting to present value of some income streams may be an acceptable technique. The appraiser shall also offer evidence supporting income and expense estimates.<br /> <br /> ::Before Value by Income Approach: $_______________<br /> <br /> &lt;div id=&quot;Reconciliation of Value Before Acquisition&quot;&gt;&lt;/div&gt; <br /> :'''10. Reconciliation of Value Before Acquisition:'''<br /> <br /> ::If more than one approach to value is used, the appraiser shall correlate the resultant value estimates and explain the rationale for deciding which approach and data provide the best support for the conclusion of value before acquisition.<br /> <br /> ::Total Value Before Acquisition: $_______________<br /> <br /> &lt;div id=&quot;Description of Property After Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''11. Description of Property After Acquisition'''<br /> <br /> ::The appraiser shall describe the remaining realty to the extent necessary to provide a word picture of the after condition. If the remainder is substantially changed from the before condition the appraiser shall describe the remainder as if the before condition never existed. Partial acquisitions of a minor nature may best be described by discussing changes caused by the acquisition rather than repeating the contents of Paragraph 7 of this section.<br /> <br /> ::*Impact on Zoning: Describe impact on zoning.<br /> ::*Access After Acquisition: The report shall discuss the available legal and physical access of the subject property as well as the comparable sales. The report must address if the legally provided access points are comparable to the physical access available to the property before the acquisition in regard to topography, timber, etc. See [[236.6 Appraisal and Appraisal Review#236.6.3.6 Access Rights Valuation|EPG 236.6.3.6]] for applicable laws and definitions regarding access.<br /> ::*Impact on Utilities: A statement is required regarding the impact, if any, on all public and private utility services which the property has in use or available in the before condition. Special considerations apply when it is necessary to to adjust the property owner’s service lines located on existing right of way. The cost to move and reconnect service lines that lie within the existing right is not compensable to the owner if such reconnection is included in the construction contract. See [[643.2 Local Utility Adjustments - Public and Private#643.2.1.6 Service Lines Owned by Property Owners|EPG 643.2.1.6 Service Lines Owned by Property Owners]].<br /> ::*Utilities In Use After Acquisition:<br /> ::*Utilities Available After Acquisition:<br /> <br /> :'''Other Appraisal Considerations:'''<br /> <br /> :Methods and directions for addressing other property elements are described in [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> &lt;div id=&quot;Highest and Best Use Analysis After Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''12. Highest and Best Use Analysis After Acquisition'''<br /> <br /> :The report may indicate that the highest and best use of the remaining realty is unchanged and an explanation supporting such a conclusion is required. Should the acquisition cause a change in highest and best use or uses, the appraiser shall analyze the new highest and best use in depth commensurate with the appraisal problem. <br /> <br /> :Loss of access, loss of traffic, circuity of travel, placement of a median barrier, loss of visibility, loss of privacy, loss of security, etc., are to be considered elements by the appraiser in formulating an opinion of the highest and best use of the property in the after condition. If the appraiser determines there is no diminution in highest and best use of the property, even though these elements are present, the appraisal report is to include an explanation supporting such a conclusion.<br /> <br /> :The change(s) caused by the property acquisition may make it necessary for the appraiser to utilize new comparable sales data. [[#Special Benefits|Special Benefits]] reflected in a report must be supported by written concurrence from Commission's Counsel and addressed in the Scope of Work of the report if special benefits are recognized subsequent to the initial Scope of Assignment.<br /> <br /> &lt;div id=&quot;Valuation After Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''13. Valuation After Acquisition'''<br /> <br /> :The analyses and valuation sections relating to the remainder property constitute a new appraisal. In cases of an insignificant acquisition, the remainder may be so similar to the whole property before the acquisition that the same highest and best use analysis and the same cost, market, and income data and analysis will remain applicable and can therefore be referenced and employed in analyzing and valuing the remainder property. However, a change in the basic physical or economic character of the remainder may result in a change in the remainder’s highest and best use or the intensity of that use and may result in damages or benefits to the remainder property which will require different market data and/ or analysis than that which was used in the whole property valuation.<br /> <br /> :Follow instruction as shown in Paragraph 9 of this section as well as [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> ::'''A. Sales Comparison Approach After Acquisition:'''<br /> <br /> ::Follow Instructions as shown in Paragraph 9A above.<br /> <br /> ::After Value by Sales Comparison Approach: $_______________<br /> <br /> ::'''B. Cost Approach After Acquisition:'''<br /> <br /> ::Follow Instructions as shown in Paragraph 9B above.<br /> <br /> ::After Value by Cost Approach: $________________<br /> <br /> ::'''C. Income Approach After Acquisition:'''<br /> <br /> ::Follow Instructions as shown in Paragraph 9C above.<br /> <br /> ::After Value by Income Approach: $_______________<br /> <br /> &lt;div id=&quot;Reconciliation of Value After Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''14. Reconciliation of Value After Acquisition'''<br /> <br /> ::If more than one approach to value is used, the appraiser shall correlate the resultant value estimates and explain the rationale for deciding which approach and data provide the best support for the conclusion of estimated value after acquisition.<br /> <br /> ::Total Value After Acquisition: $_______________<br /> <br /> &lt;div id=&quot;Estimate of Total Just Compensation&quot;&gt;&lt;/div&gt;<br /> :'''15. Estimate of Total Just Compensation'''<br /> <br /> ::Total Just Compensation is computed by subtracting the estimated value after the acquisition from the estimated value before the acquisition.<br /> <br /> ::Estimated Value Before Acquisition $_______________<br /> <br /> ::Estimated Value After Acquisition $_______________<br /> <br /> ::Indicated Just Compensation Due to Acquisition $_______________<br /> <br /> &lt;div id=&quot;Allocation of Just Compensation&quot;&gt;&lt;/div&gt;<br /> :'''16. Allocation of Just Compensation'''<br /> <br /> :The appraiser shall offer an opinion of reasonable allocation of the estimate of just compensation between realty acquired and damages to the remainder for .the interests of both fee holders and tenants who own improvements, fixtures or personalty included in the value.<br /> <br /> ::'''A. Allocation of the Fee Holder’s Interest:'''<br /> <br /> :::'''1.''' Land Acquired: $ ______________<br /> <br /> :::Report the calculated value of the land acquired.<br /> <br /> :::'''2.''' Improvements, Fixtures and Personalty: $_________________<br /> <br /> :::'''3.''' Total Land and Improvements, Fixtures and Personalty: $_________________<br /> <br /> :::'''4.''' Damages to the Remainder: $_________________<br /> <br /> :::Damages to the remainder including permanent and temporary easements shall be identified and individually valued, and their values combined to a total. Losses caused by temporary borrow pits must be set apart from other damages. Fencing required as a cost to cure due to road realignment, temporary fencing etc. shall be included as a damage to the remainder. See additional discussion on Damages in [[#Other Appraisal Considerations|EPG 236.6.3.1D]].<br /> <br /> :::'''5.''' Total Just Compensation Due Fee Holder: $________________<br /> <br /> ::'''B. Allocation of the Tenant Owner’s Interest:'''<br /> <br /> :::'''1.''' Tenant Owned Improvements, Fixtures and Personalty:<br /> <br /> :::::Item _________________ $_________________<br /> :::::Item _________________ $_________________<br /> <br /> :::Identify each tenant owned improvement within the new acquisition and/or easement area and estimate its value. Use the greater of its contributory value or value for removal (salvage value).<br /> <br /> :::'''2.''' Damage to Tenant Owned Improvements, Fixtures and Personalty:<br /> <br /> :::::Item _________________ $_________________<br /> :::::Item _________________ $_________________<br /> <br /> :::Identify and show a value loss, if any, for each damaged tenant owned improvement lying outside the acquired area.<br /> <br /> :::'''3.''' Leasehold Interest: $_________________<br /> <br /> :::Calculate value of leasehold interest, if any, should the lease be affected by the acquisition.<br /> <br /> :::'''4.''' Total Just Compensation Due Tenant Owner: $________________<br /> <br /> &lt;div id=&quot;Uneconomic Remnant&quot;&gt;&lt;/div&gt;<br /> :'''17. Uneconomic Remnant'''<br /> <br /> :&quot;The term uneconomic remnant means a parcel of real property in which the owner is left with an interest after a partial acquisition of the owner's property, and which the acquiring agency has determined has little or no value or utility to the owner.&quot; [https://www.law.cornell.edu/cfr/text/49/24.2 (see 49 CFR Section 24.2 (27)] and [[236.5 Property Management#236.5.9.1 Definition|EPG 236.5.9.1 Definition]] (in EPG 236.5 Property Management). When the appraiser is of the opinion that an uneconomic remnant does not exist, enter the word &quot;none&quot; in this paragraph. When the appraiser is of the opinion that an uneconomic remnant has been created by the acquisition, an explanation is required. The appraiser shall describe elements that contribute to a parcel having some characteristics of an uneconomic remnant, yet conclude that the parcel is not an uneconomic remnant. A separate area and value should be shown for multiple uneconomic remnant areas.<br /> <br /> :::Area __________________ @ $ __________ = $ ________________<br /> <br /> &lt;div id=&quot;Salvage Value&quot;&gt;&lt;/div&gt;<br /> :'''18. Salvage Value'''<br /> <br /> :&quot;The term salvage value means the probable sale price of an item offered for sale to knowledgeable buyers with the requirement that it be removed from the property at a buyer’s expense (i.e., not eligible for relocation assistance). This includes items for re-use as well as items with components that can be reused or recycled when there is no reasonable prospect for sale except on this basis.&quot; <br /> <br /> :Each acquired improvement enumerated above shall be additionally identified under salvage and a salvage value determined or zero indicated. Salvage values should not be assigned to very low value items such as farm fencing. If an improvement has salvage value, the before value of such improvement must be at least equal to the salvage value.<br /> <br /> :Allocate salvage values between fee and tenant improvements, fixtures and personalty.<br /> <br /> :::Improvement ______________ Salvage Value $_________________<br /> <br /> :::Improvement ______________ Salvage Value $_________________<br /> <br /> :::Total Salvage Value ______________ $_________________<br /> <br /> &lt;div id=&quot;Required Attachments&quot;&gt;&lt;/div&gt;<br /> :'''19. Required Attachments'''<br /> <br /> ::'''Assumptions and Limiting Conditions:''' The appraiser shall use the standard [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 236.6.3.1.A). If additional contingencies or limiting conditions apply, they shall be stated here. Unauthorized hypothetical conditions, assumptions, or limiting conditions may result in disapproval of the appraisal report.<br /> <br /> ::'''Certificate of Appraiser:''' A properly completed and signed copy of [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1.B) shall be attached to the appraisal report.<br /> <br /> ::'''Site Plan:''' The appraiser must provide a site plan showing all property boundaries and the location of major and affected improvements. An annotated copy of an assessor’s aerial map, a survey, an aerial photo, a cut of the highway plan can meet this requirement if it shows the whole property and all improvements, or a drawing. If other than the plan cut is used to meet this requirement the site plan should show the proposed boundary line and easements, and the areas of the acquisition and remainder. Greater detail and a higher degree of accuracy is required on small parcels or where improvements are very near and possibly affected by the acquisition than on large parcels where improvements may be important to the value estimate but are not affected by the acquisition.<br /> <br /> ::'''Photographs:''' The appraiser shall attach identified color photographs of the appraised property showing all improvements and features affecting the value. Photographs should show details important to the valuation of major and/or affected improvements. Photographs should also show the area of acquisitions including easement areas and their relationships to affected improvements.<br /> <br /> ::'''Floor Plans of Acquired Residential Units And Structures with Internal Walls:''' A floor plan drawing is required when:<br /> <br /> :::*a residential unit is acquired, to aid in the determination of relocation requirements and benefits.<br /> :::*demolition will be required on structures with interior walls.<br /> <br /> ::'''Comparable Sale Map:''' The report shall contain a sales map in sufficient detail to allow the reader to drive to each sale.<br /> <br /> ::'''Sale Data Forms:''' Data books may be utilized in each appraiser’s practice but shall not be submitted to division or referenced in reports. Each appraisal report prepared on the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format] shall contain sufficient documentation, including valuation data and the appraiser's analysis of that data, to support the opinion of value.<br /> <br /> ::Appraisers shall incorporate within the appraisal reports adequate sales and other supporting data to relay the necessary comparative information. Sale data sheets, Forms [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx 236.6.3.5 A] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx B] utilized in the valuation shall be attached to each report. The entirety of information obtained on each sale transaction may exceed the need for each individual report, like income data, etc. Individuals may develop abbreviated sale data sheets that contain only the information necessary for comparison to the subject valuation, with other data retained in the appraiser’s work file.<br /> <br /> ::'''Optional Attachments'''<br /> :::*Cover letters<br /> :::*Tables of Contents<br /> :::*Appraiser Qualifications<br /> :::*Engagement Letter or Notice to Proceed<br /> :::*Legal Instructions, if any shall be retained in the appraiser’s work file and not attached to valuation reports.<br /> <br /> ::'''A. Assumptions and Limiting Conditions'''<br /> <br /> ::[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 236.6.3.1.A) shall be attached to each [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Format] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20Finding%20Appraisal%20Form%20236.6.3.2.docx Value Finding] appraisal, and other valuations where it is deemed appropriate.<br /> <br /> ::'''B. Certificate of Appraiser'''<br /> <br /> ::[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1.B) shall be attached to each Standard Format and Value Finding appraisal, and other valuations where it is deemed appropriate. The Certificate of Appraiser is not used on Waiver Valuations.<br /> <br /> ::'''C. Tenant Summary'''<br /> <br /> ::[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Summary%20of%20Tenant%20Interests%20Form%206.3.1C.pdf Summary Value of Tenant Interests], Form 236.6.3.1.C, shall be prepared and provided to tenant owners of improvements and interests affected by an acquisition. Form 236.6.3.1.C is a summary of tenant information and valuations included in the valuation of the parent property, but is not to be attached to the appraisal or valuation documents provided to the fee owner.<br /> <br /> &lt;div id=&quot;Other Appraisal Considerations&quot;&gt;&lt;/div&gt;<br /> ::'''D. Other Appraisal Considerations'''<br /> <br /> ::The following elements shall be considered and addressed in the appropriate paragraphs of all valuations.<br /> <br /> :::'''1. Americans With Disabilities Act of 1990'''<br /> <br /> :::The intent of this section for the appraiser is to emphasize the importance of the impact of the ADA on real estate valuation. Appraisers must be aware of differences in apparently comparable improved properties due to ADA. It is not intended that appraisers unduly seek out ADA deficiencies in affected and acquired improvements.<br /> <br /> :::The appraiser should be aware of the requirements of Title III of the Americans With Disabilities Act of 1990 and consider its effect on the value of the appraised property. The Act applies to any public accommodation, commercial facility, or private entity that offers examinations or courses related to applications, licensing, certification or credentialing for secondary or post-secondary education, professional or trade purposes. When a public accommodation is located in a private residence that part used for public accommodation is covered by this act, including those elements used to enter the place of public accommodation.<br /> <br /> :::The Act requires removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable, i.e., easily accomplished and able to be carried out without much difficulty or expense. Whether a measure is readily achievable is determined on a case-by-case basis, however, the obligation to remove barriers is a continuing one. What was not readily achievable in the past may become achievable in the future and the Act envisions a gradual removal of barriers and suggests priorities for their removal.<br /> <br /> :::All new improvements after January 26, 1993 must be designed and constructed to be readily accessible and usable by individuals with disabilities. Alterations to existing facilities after January 26, 1993 must to the maximum extent feasible ensure that the altered portions of the facility are readily accessible. When undertaking a cost to cure as part of the damages caused by a property acquisition, the appraiser will have to consider how the acquisition affects accessibility as well as whether the improvement was or should have been in compliance prior to the acquisition.<br /> <br /> :::Subject property shall be inspected on the date of valuation for its compliance or non-compliance with ADA regulations. All comparable sales used in the valuation process should be analyzed as to their compliance or non-compliance to ADA regulations as of the date of sale. If subject property is currently in non-compliance with ADA regulations the appraiser should use similar comparable sales, which are in non-compliance for comparison purposes. It shall be the appraiser's responsibility to estimate the current market value of subject property as it now exists taking into consideration all of its compliance or non-compliance of ADA regulations and making adjustments for either situation. Curing damage to the remainder could trigger requirements of ADA. This must be considered in any after value analysis.<br /> <br /> &lt;div id=&quot;Billboard&quot;&gt;&lt;/div&gt;<br /> :::'''2. Billboard Valuation'''<br /> <br /> :::For further information on the acquisition of billboards, see [[236.16 Outdoor Advertising#236.16.9 Sign Structures/Junkyards Affected by Highway Projects|EPG 236.16.9 Sign Structures/Junkyards Affected by Highway Projects]]. The following definitions are for valuation purposes and are linked to locations where other definitions of the subject are available for different purposes.<br /> <br /> ::::'''A. Definitions:'''<br /> <br /> ::::'''Billboard:''' An outdoor advertising structure that is described within the outdoor advertising industry as a flat surface (panel, wall, or fence, etc.) on which bills are posted. Specifically, a large panel designed to carry outdoor advertising intended or used to advertise or inform of activities conducted away from the premises or services and/or products provided somewhere other than the premises where the structure is located. It advertises an establishment, merchandise, service or entertainment that is not sold, produced, manufactured or furnished at the property on which it is located.<br /> <br /> ::::Billboards along with their supporting structures are considered realty. Billboards should not be confused in the appraisal process with on-premise signs.<br /> <br /> ::::Although billboards are the dominant form of outdoor advertising, other forms such as an outdoor sign, display, device, figure, painting, drawing, message, plaque, or poster may also be considered as outdoor advertising. The valuation of these other forms of outdoor advertising should follow the procedures stated herein.<br /> <br /> ::::For purposes of valuation, the terms billboard and outdoor advertising structure are used interchangeably. [[236.16 Outdoor Advertising|Outdoor advertising]] is defined at [https://revisor.mo.gov/main/OneSection.aspx?section=226.510 226.510 RSMo].<br /> <br /> ::::'''On-premise Sign:''' An on-premise sign advertises activities, services and/or products offered by the establishment on the premises that it is located. On-premise signs may be realty or personalty. On-premise sign is defined at [http://sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7-CSR 10-6.015(25)].<br /> <br /> ::::'''Status of Billboard Structures:''' The status of billboard structures is conforming, conforming out of standard, nonconforming or illegal.<br /> <br /> ::::*'''Conforming Billboard Structures''' comply with all current billboard regulations.<br /> <br /> ::::*'''Conforming Out of Standard Structures''' fail to meet the current statutory and administrative rule requirements but comply with the terms of the federal state agreement and meet the statutory requirements of 1999. (Refer to [[236.16 Outdoor Advertising#236.16.7.3 Conforming Out of Standard|EPG 236.16.7.3 Conforming Out of Standard]]; [http://sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.040(7)]).<br /> <br /> ::::*'''Nonconforming Billboard Structures''' do not comply with all current billboard regulations, but did comply at one time, have a permit, and may remain in place until destroyed. Nonconforming is defined at [http://sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.015(24)].<br /> <br /> ::::*'''Illegal Billboards Structures''' may have a permit, but are damaged, do not comply with current statutes, or have other legal limitations.<br /> <br /> ::::'''Status of Billboard Sites:''' The status of improved billboard sites is either legal or illegal. The status of a permitted but unimproved site will always be legal.<br /> <br /> ::::*'''Legal Billboard Site''' is a location on a property that has attained the legal status for construction of a billboard, including the presence of a qualifying commercial enterprise and spacing from other permitted locations. The Outdoor Advertising Specialist can identify current status and spacing requirements. (See Status below.) If zoned, the zoning must accommodate billboards.<br /> <br /> ::::*'''Illegal Billboard Site''' will generally be associated with a structure that has been erected without a permit, or it is in conflict with a permit regarding location or other issues.<br /> <br /> ::::'''Eliminated Billboard Site:''' If an improved billboard site is within the proposed acquisition area, or otherwise impacted by a project, the site shall be considered eliminated if there is inadequate remaining size, if the qualifying commercial enterprise has been eliminated, adequate spacing is not available, local requirements, or other reasons identified by the appraiser. Limitation of access may impact legal billboard sites.<br /> <br /> ::::'''B. Property Description:'''<br /> <br /> ::::The description of billboards shall include size, structural components, lighting, condition, maintenance, recent renovation and a statement of actual and effective age. All tenant owned billboards shall be identified and described as separate assets from that of the fee holder. Regardless of impact by the acquisition, billboard structures shall be inspected to the extent that they can be adequately described and that valuation may be accomplished if acquired, or a contributory value may be estimated if unaffected by the acquisition.<br /> <br /> ::::For valuation purposes, the size of a billboard site may not need to be identified, as long as the billboard use does not diminish other uses on the land, or other uses on the land do not diminish the additional contributory value as a billboard site or structure.<br /> <br /> ::::The billboard site and each component of the outdoor advertising structure may be under different ownerships. The status of each billboard site and structure, affected by the acquisition, must be reported in the appraisal. (A legal site may contain an illegal structure, etc.) Fee and staff appraisers shall secure information on status of billboards and administrative hearings from the Outdoor Advertising Permit Specialist. District right of way personnel shall request, the Outdoor Advertising Permit Specialist to prepare an Outdoor Advertising Profile Report (ADV Profile Report).<br /> <br /> ::::'''C. Compensation:'''<br /> <br /> ::::Compensation shall be paid for legal sites, conforming structures and non-conforming structures eliminated by an acquisition.<br /> <br /> ::::If a billboard structure or site that is illegal or scheduled for administrative hearing is encountered in the acquisition, consult regional counsel to determine if compensation must be included or omitted in the valuation, and state the findings and conclusion in the report.<br /> <br /> ::::If after the acquisition of an improved billboard site, the remaining spacing is such that one cannot identify which of two or more tracts might be able to obtain a permit for a replacement site, valuations must include compensation for improved sites that are eliminated but may be replaceable, and not speculate on which of several owners might achieve the permit.<br /> <br /> ::::'''D. Valuation:'''<br /> <br /> ::::Federal regulations require that all applicable, relevant and reliable approaches to value be considered in valuing billboards. Therefore, as in the valuation of all property types, all relevant approaches to value are to be considered and included in the report, when practicable. When the landowner also owns the billboard, and the billboard and site are being acquired, contact the Right of Way Section, and additional arrangements will be made for the valuation. The appraiser may estimate the value of billboards and their sites by the most relevant and reliable approach, and include the result in the total overall value. The appraisal must state why any approach is not used.<br /> <br /> ::::The valuation of billboard sites that are part of a larger ownership, may utilize market information from comparable sales of sites or capitalization of rents of comparable sites. This site value conclusion may then be added to or included in the concluded realty value of the overall ownership.<br /> <br /> ::::A special larger parcel valuation situation may arise if the landowner owns the billboard and also advertises the billboard owner's business, service or product, which is provided at other premises. When this ownership combination occurs, and the site and structure are acquired, contact the Right of Way Section and regional counsel.<br /> <br /> ::::'''Sales Comparison Approach:''' A Sales Comparison Approach may be developed using comparable sales of improved billboard sites, improved with structures similar to the subject’s structure. Elements of comparison might include traffic count, height, lighting, proximity to towns or commercial development, direction of travel, visibility, etc.<br /> <br /> ::::'''Income Approach:''' When a billboard acquisition necessitates an income approach, contact Right of Way Section, for additional guidance or arrangements will be made for the valuation. In all ownership combinations, the income derived from the rent received for the land and structure is to be considered in developing an income approach to determine the contributory value of the billboard and supporting land. Income from the sale of advertising displays posted on billboards shall not be considered as income imputable to the realty.<br /> <br /> ::::Comparable rental data can be developed with information from landowners who rent their structure to a second party who places advertising on the structure. Capitalization rates must be supported. Use of the band of investment method of developing a capitalization rate is acceptable.<br /> <br /> ::::In valuing billboard sites, the appraiser shall determine potential economic rent for the subject site. Such rent shall be estimated by comparing the subject site to comparable leased premises. Potential economic rent shall be capitalized at an appropriate rate to determine the current estimated value of the sign site. The appraiser shall explain or support the overall capitalization rate used. Legal status and remaining functional life of the site may impact the selection of the capitalization rate.<br /> <br /> ::::'''Cost Approach:''' The appraiser shall estimate the value of billboards and their sites by the cost less depreciation method and include the result in the total overall value. The Cost Approach shall always be developed, regardless if other approaches are also used. Costs for the structures shall be compiled by the unit in place method, quantity survey method or contractor estimate with depreciation measured by the most appropriate means available. Cost sources are to be supported as defined in [[#Cost Approach|EPG 236.6.3.1.9B]].<br /> <br /> ::::The district is encouraged to contract for cost estimates of replacement or reproduction cost with local sources. It is the appraiser's responsibility to apply estimated depreciation to such estimates to the extent indicated by its current physical condition.<br /> &lt;div id=&quot;Reset Option&quot;&gt;&lt;/div&gt;<br /> <br /> ::::'''Reset Option:''' Signs meeting the reset requirements are classified as Conforming Out of Standard and will be eligible for compensation to reset the sign within the same property or on an adjoining property. One bid will be collected from another sign company supporting the cost of the sign reset. The bid will be included in the appraisal.<br /> <br /> ::::'''Reconciliation:''' The basis for the appraiser’s reconciliation of the approaches to a final value estimate should be based on their consideration of the relative strengths and weaknesses of each approach utilized.<br /> <br /> ::::'''E. Distribution of Fee Holder and Tenant Interest:'''<br /> <br /> ::::The appraisal report shall identify the site’s annual contract rent, remaining term of the lease, and any other provisions pertinent to the income to be received by the landowner. In those cases where the tenant has a lease and the contract rent is less than the economic rent for the sign site, the appraiser shall compute present value of the difference for the remaining lease term. This amount is the leasehold interest. This amount will be subtracted from the landowner’s value of the sign site. The amount shall then be added to the tenant’s interest.<br /> <br /> ::::'''F. Salvage Value:'''<br /> <br /> ::::The appraiser shall determine a salvage value. Salvage value is the probable sale price of an item if offered for sale to knowledgeable buyers, including the previous structure owner, with the requirement that it be removed from the property at a buyer’s expense (i.e. not eligible for relocation assistance). This includes items for re-use as well as items with components that can be reused or recycled when there is no reasonable prospect for sale except on this basis. Assignment of a salvage value for billboard structures should specifically address the previous owner’s ability to utilize or move the salvaged item.<br /> <br /> ::::If the appraiser, in consultation with the Outdoor Advertising Permit Specialist, determines that Legal Billboard Sites are readily available, it is acceptable to estimate the salvage value as the value in place at a potential replacement site minus the cost to relocate the sign to a replacement site.<br /> <br /> ::::'''G. Billboard Valuation Guide:'''<br /> <br /> ::::The following material is provided as a guide to suggest the minimum items of consideration in valuing a billboard and billboard site, which must be incorporated into an appraisal format, in the appropriate sections. Use [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Comparable Lease] (Form 236.6.3.5.C) for reporting all types of leases.<br /> <br /> ::::*Structure Owner<br /> ::::*Site Owner<br /> ::::*Status of the Structure<br /> ::::*Status of the Site<br /> ::::*Permit number and other material from the Outdoor Advertising Permit Specialist.<br /> ::::*Lease Terms: If the lease is not of public record, the appraiser should attempt to secure a copy from the parties. In the event a written lease is nonexistent or unavailable, the appraiser shall make personal inquiry of the parties in an effort to learn of terms and conditions. Data secured from such inquiry shall be entered on the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Comparable Lease] (Form 236.6.3.5.C)<br /> ::::*Property Description<br /> ::::*Valuation<br /> ::::*Distribution of Landowner and Structure Owner Interests<br /> ::::*Estimated Value to the Landowner<br /> ::::*Estimated Value of Billboard Site<br /> ::::*Less Leasehold Interest, if any<br /> ::::*Landowner Interest in the Site<br /> ::::*Estimated Value to the Structure Owner<br /> ::::*Estimated Value of Structure<br /> ::::*Add Value of Leasehold Interest, if any<br /> ::::*Structure Owner Interest<br /> ::::*Salvage Value<br /> <br /> :::'''3. Borrow Easements, Waste Easements or Haul Roads'''<br /> <br /> :::A valuation for an easement for a borrow area or haul road must provide a word picture which would adequately explain what damages will be associated with these easement areas. The description should include the appraiser's understanding of what the site will look like, how much material will have been removed or deposited, what the possible damages to the remainder will be, whether the affected area will be ponded, whether the topsoil will be stockpiled and replaced and whether the area will be seeded and mulched.<br /> <br /> :::If the acquisition involves a borrow easement or haul road, adjustments must be adequately explained.<br /> <br /> &lt;div id=&quot;Damages&quot;&gt;&lt;/div&gt;<br /> :::'''4. Damages'''<br /> <br /> :::Damages as such are not appraised. However, the appraiser shall explain any damages to the remainder property and allocate the difference in the value of the property before and after the acquisition between the value of the acquisition and damages to the remainder. If damages are measured by a cost to cure, the appraiser must justify the cost to cure and demonstrate that the cost to cure is less than the damage would be if the cure were not undertaken.<br /> <br /> :::Rationale for conclusion of damage to remainder due to easements or other damage shall be explained. Losses to remainder value may result from limitation of direct access, proximity of proposed boundary line to improvements, severance, reduction in size of remainder, configuration of remainder, change in grade, and other effects of acquisition.<br /> <br /> ::::'''Noncompensable Damages:''' It is an established principle of law that certain damages, which may occur by reason of a government acquisition of land, are not compensable and, therefore, must be disregarded by appraisers when estimating market value for such acquisitions. Losses of business and relocation expenses have been determined to be noncompensable. Other noncompensable damages include: damage to business, loss of or damage to goodwill, future loss of profits, expenses of moving removable fixtures and personal property, depreciation in value of furniture and removable equipment, frustration of plans, frustration of contractual expectations, loss of customers, and the expense of having to readjust manufacturing operations.<br /> <br /> ::::'''Easements:''' An easement can generally be described as an interest in land of another entitling the owner of that interest to a limited use of the land in which it exists, or a right to preclude specified uses in the easement area by others. An easement is an interest less than the fee estate, with the landowner retaining full dominion over the realty subject only to the easement; the landowner may make any use of the realty that does not interfere with the easement holder’s reasonable use of the easement and is not specifically excluded by the terms of the easement.<br /> <br /> ::::'''Temporary Easements:''' The appropriate measure of value for the acquisition of a temporary easement is the rental value for the term of the temporary easement, adjusted as may be appropriate for the rights of use, if any, reserved to the owner. Damages that result from temporary construction easements are usually based on the economic or market rent of the affected area for the term of the temporary easement. Usually, the land area affected is so small and the term of the temporary easement so short that compensation for the temporary construction easements is nominal. As a result, many agencies and appraisers have adopted a '''shortcut''' for its estimation. A reasonable return rate, rather than the economic or market rent based on comparable rentals, is estimated and applied to the encumbered land’s fee value for the term of the temporary easement. The rent loss or appropriate return is often not converted to a present value through the application of a discount rate because of the short term of the temporary easement and the nominal nature of the indicated rent loss.<br /> <br /> ::::Even though technically incorrect this shortcut is generally acceptable because of the nominal nature of the temporary construction easements acquisition and the cost and time savings associated with the short cut. However, appraisers must recognize that the short cut methodology will be found unacceptable if the indicated compensation is more than nominal.<br /> <br /> ::::In estimating and approving just compensation for temporary easements, the appraiser/reviewer must consider the impact on the use of the area of the property in the temporary easement and the impact of the temporary easement on the remainder.<br /> <br /> ::::Impacts within the temporary easement area can have impact for the duration of the occupancy/use by the contractor, the duration of the anticipated construction time of the project, or the duration of the encumbrance of the temporary easement on the property.<br /> <br /> ::::Temporary easements that impact only during the contractor occupation include driveway reconnection easements, construction of curbs, removal of items, etc. Although a contractor may be on a temporary easement area during different times, (Example: removal, grading, sub-grade, and paving) the appraisal may consider merely the total of time the area is disturbed for construction, when making the calculation for compensation. Unless otherwise indicated, the appraiser is to assume that owners/customers are provided reasonable access to property during construction.<br /> <br /> ::::Temporary easements that impact during the duration of the anticipated construction for the project include temporary bypasses, slope cuts, (slope fills require permanent easement) borrow easements, work and turn areas on parking lots, construction of retaining walls, etc.<br /> <br /> ::::Temporary easements that impact for the duration of the temporary easement encumbrance include large temporary easements on vacant land with development potential, temporary easements that occupy large areas or large proportions of front yards, borrow or waste easements, or any application of easement that might impact market value or the marketability of the property. The duration of the project may include time beginning at the anticipated acquisition, and time until anticipated letting, construction time until anticipated acceptance of the project, which would release the rights in the temporary easement area.<br /> <br /> ::::Temporary easements that may result in damage to remainder outside the actual temporary easement area include temporary loss of access or use of part or all of the property, undesirable borrow areas, etc. MoDOT accepts compensation for temporary easements at 10% of fee value per year, applied to one of the durations discussed above. Appraisal reports must include explanation of the duration used and why that duration was utilized. Different durations may apply to different temporary easement areas on an individual property. Use of other percentages requires analysis and explanation.<br /> <br /> ::::'''Third Party Appurtenant Easements:''' This section applies to the proper measure of value for a third party appurtenant easement that is acquired or extinguished as an incident of an acquisition of the servient estate (fee acquisition of property through which an easement of access connects a third party’s parcel to the highway). The third-party easement owner has a separate estate that must be separately appraised. In such cases, the easement owner is not limited to the value of the easement acquired, but is entitled to the value diminution of the property served by the easement. Accordingly, two appraisal assignments are required; a before and after appraisal of the easement interest and the property it serves (the before appraisal including the easement interest and the land it serves and the after appraisal excluding those interests acquired.) and a second appraisal assignment covering the land being acquired, as encumbered by the easement. This second appraisal would also require a before and after appraisal if only a portion of this larger parcel is to be acquired<br /> &lt;div id=&quot;Costs to Cure&quot;&gt;&lt;/div&gt;<br /> ::::'''Costs to Cure:''' The Commission’s intent is to make the property owners “whole” in the after condition. As such, if the affected property had previously been surveyed by the current or previous property owners, district right of way shall ensure that this element has been addressed. One way to address this element is by including a cost-to-cure line item in the appraisal to cover the costs the property owners will incur to have a new boundary survey prepared. This element may also be addressed by coordinating with the district PLS to monument the new limits of their remaining property. [[238.2 Land Surveying#238.2.14.3 Monumenting Landowner's Property Lines When Requested|EPG 238.2.14.3 Monumenting Landowner's Property Lines When Requested]] contains further guidance related to MoDOT taking responsibility for monumenting the property owners’ new property line.<br /> <br /> ::::Other methods may be used to address those properties that currently have the benefit of a boundary survey, as long as the property owner is considered by MHTC “whole” in the after condition.<br /> <br /> ::::Cost to cure items may include wells and water systems, septic or sewer systems, waterways, terraces, fencing for boundary lines along relocated highways, etc. Costs for such items shall be based on contractor estimates or other appropriate cost sources.<br /> <br /> ::::The estimated cost to move a building improvement shall not be used as a measure of consequential damage in the Value Finding format, unless authorized in the Scope of Assignment.<br /> <br /> :::'''5. Dedication Requirement'''<br /> <br /> :::When performing appraisals within corporate limits or in zoned areas, the appraiser must research the zoning ordinances, and/or subdivision regulations, to reveal if properties subject to acquisition could be required to make a dedication of land in exchange for zoning change or development plans, to achieve the highest and best uses that are anticipated to be suggested in appraisal reports. If such ordinances and/or regulations are discovered, their impact must be addressed and reflected in valuations.<br /> <br /> :::Indications of dedication in existing ordinances, plats, deeds or other conveyances must contain the proper language to effect a proper dedication. The wording &quot;reserved for future highway&quot; will not rise to the level of a lawful dedication. The wording &quot;dedicated to the Missouri Highway and Transportation Commission (or its predecessor title State Highway Commission of Missouri) for public use forever&quot; or like wording must be used. Consult your regional counsel regarding the effectiveness of any particular wording. See [[236.4 Description Writing and Titles#236.4.6.4(k)|Description Writing ]] and [[236.5 Property Management|EPG 236.5 Property Management]].<br /> <br /> :::'''6. Environmental Considerations'''<br /> <br /> :::The appraiser is responsible for reporting any observed or suspected indications of contamination by hazardous materials or waste and the presence of other environmental considerations such as wetlands<br /> <br /> ::::'''A. [[127.8 Hazardous and Solid Waste|Hazardous Materials or Waste]]:'''<br /> <br /> ::::When developing the scope of assignment, the assistant right of way manager - certified will review the [[127.1 Request for Environmental Services|Request for Environmental Services]] (RES) and data sheets to determine the appropriate level of data and analysis to be conducted by the appraiser.<br /> <br /> ::::For valuation of known contaminated properties, appraisers will typically be asked to value a property as if clean, from clean sales, as a special hypothetical condition. Clean up costs, if known, may be handled administratively or by the appraiser. Clean-up costs that may have been future or speculative to the owner may be immediately imposed by the project and therefore wholly or partially compensable, depending on the circumstance.<br /> <br /> ::::Because of the serious impact of contamination by hazardous materials or waste, it often affects major decisions by Planning, Right of Way and Design groups. In many cases this problem has been identified before the property acquisition phase of a project. If, prior to completion of the appraisal assignment, an environmental assessment and cleanup cost estimate have been done on a contaminated subject property the effect, if any, of cleanup cost on the value of the property must be considered in the appraisal.<br /> <br /> ::::There will be instances in which contamination has not been detected by the time an inspection for appraisal is made. In the absence of specific instructions, appraisers are not required to do, or to cause to have done, environmental assessments of subject properties, and it is expected that a disclaimer stating the appraisers' lack of expertise in this field will be included in the appraisal report. However, the appraiser is responsible for observing and reporting obvious indications of potential contamination.<br /> <br /> ::::If contamination is suspected, appraisers should photograph the suspect area include in the descriptive sections of their reports the circumstances or features that they feel indicate potential problems and clearly state that the possibility of contamination exists. They should include statements to the effect that &quot;the value conclusion assumes that the property is not contaminated and if it is later found to be, the value estimate could change.&quot;<br /> <br /> ::::It is not the intention of this instruction to give comprehensive procedures for inspecting properties for contamination, but to offer appraisers some guidance.<br /> <br /> ::::The current use or historic uses of a property can be strong indicators of possible contamination. Some examples of uses that should alert the appraiser include:<br /> <br /> ::::*Vehicle repair, maintenance or salvage;<br /> ::::*Electroplating and/or metal fabricating;<br /> ::::*Chemical manufacture, storage or sales;<br /> ::::*Petroleum related storage, transportation or sales; Trucking; Manufacture, storage and/or sales of agricultural chemicals.<br /> <br /> ::::Site and improvement characteristics to look for include:<br /> <br /> ::::*Tanks, pits, lagoons, ditches, pipes, piles, containers, etc.;<br /> ::::*Containment structures such as berms or dikes;<br /> ::::*Wastewater treatment facilities;<br /> ::::*Recent unexplained ground disturbance;<br /> ::::*Color variation in soils or barren soil;<br /> ::::*Water with surface staining or sheen;<br /> ::::*Dead or dying vegetation.<br /> <br /> ::::Potential asbestos containing materials include:<br /> ::::*Sprayed-on fireproofing;<br /> ::::*Pipe wrap; Friable tape;<br /> ::::*Acoustical plaster; Shingles;<br /> ::::*Floor tile.<br /> <br /> ::::Other possible indications of hazardous materials or waste:<br /> ::::*Odors,<br /> ::::*Peeling paint,<br /> ::::*Urea-formaldehyde foam insulation.<br /> <br /> ::::These features or characteristics do not necessarily indicate contamination but should alert appraisers to the possibility. Once alerted, appraisers should include questions about the historic use of the property in interviews with owners, operators, city officials, real estate practitioners and others as they proceed with normal data research, and include their findings in their appraisal reports.<br /> <br /> ::::'''B. [[127.4 Wetlands and Streams|Wetlands]]:'''<br /> <br /> ::::The U.S. Army Corps of Engineers and the Environmental Protection Agency define wetlands as follows: &quot;A wetland is a type of water of the United States subject to Section 404 of the Clean Water Act. Other such waters include lakes, ponds, streams (including intermittent streams), rivers, creeks, springs, territorial seas, other tidal waters, and other bodies of open water. The term wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support and that, under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Also, wetlands are generally distinguished from other waters of the United States in that they normally support vegetation.&quot; The U.S. Department of Interior, Fish and Wildlife Service defines wetlands as &quot;Land where water is the dominant factor determining the nature of soil development and the types of plant and animal communities living in the soil or on its surface.&quot;<br /> <br /> ::::At this time there is no comprehensive mapping or inventory of existing wetlands. The U.S. Soil Conservation Service can provide soil classification maps that note hydric soils (potential wetlands) and the Fish and Wildlife Service has National Wetland Inventory maps which also delineate potential wetlands but do not make a final determination. Three basic characteristics are considered in making a determination if an area is wetland:<br /> <br /> ::::*hydrology,<br /> ::::*vegetation,<br /> ::::*and soil.<br /> <br /> ::::If an area is in a floodplain or otherwise has low spots in which water stands at or above the soil surface for more than seven consecutive days during the growing season and/or has plant communities that commonly occur in areas having standing water for part of the growing season (gum swamps, cordgrass, marshes, cattail marshes, bulrush and tule marshes, and sphagnum bogs) and/or has soils that are called peats or mucks there is a high probability that it is wetland, a determination of which must be reached by a more detailed investigation of soils and plant life.<br /> <br /> ::::When MoDOT appraisers are dealing with wetland in an acquisition the wetland area will have been defined by the Design Division. The appraiser's challenge is to find comparable sales that are also wetland. Because of the detailed investigation by specialists required to determine the presence of wetland as defined, and because this investigation is normally only done when construction or development is planned, the appraiser will not normally know whether a sale has wetland. The appraiser can, however, determine if some of the wetland-indicating conditions as stated above are present. If some or all of these conditions are present in a rural or low-density developed area it is likely that valid comparisons can be made between the subject and the comparable sales based upon the utility of the land. If the subject and sales are in an area where the highest and best uses are for development then the determination of wetland classification may be critical to the valuation process. A sale, for example, which is marshy land but not classified as wetland, may be developable at typical cost by filling while a similar tract, which is classified as wetland may not be developable or may be only at significantly increased cost due to requirements of Section 404 of the Clean Water Act.<br /> <br /> :::'''7. Fence'''<br /> <br /> ::::'''Permanent Fence:''' Fence should be described in sufficient detail to allow an estimate of its contributory value and/or to allow development of a cost estimate for replacement. The fencing cost estimate may be supported by a contractor's estimate or fencing cost schedule. Appraisers are encouraged to seek contractor’s estimates, especially on larger and complex fence situations.<br /> <br /> ::::The appraisal should include compensation for replacement of all fencing, by like kind at actual new cost, along the proposed boundary line, which is necessary for the subject property to attain its highest and best use or contributes to that use.<br /> <br /> ::::Compensation for fence that may not contribute to the fulfillment of the highest and best use may be considered. Fence may have interim use value, depreciated in place value, salvage value (value of salvage exceeds cost of removal), no value (removal cost equals salvage value) or negative value (removal cost exceeds salvage value). The analysis should be clear as to which valuation premise is being used.<br /> <br /> ::::Fence that is acquired as a result of widening should be considered as an improvement acquired and may be valued at its contributory value or replacement cost depending on whether it must be replaced. A requirement for fence where there was none before, due to a realignment or other reason, should be considered consequential damage and valued by the cost to cure.<br /> <br /> ::::The appraisal shall include compensation for appropriate costs of fencing the boundary line in all areas where the ownership was previously fenced, even if plans indicate the contractor will fence the boundary line. Appraiser shall include all normal costs as if the contractor was not fencing. This provision applies to permanent fence and temporary fence; as well as borrows and haul roads if MoDOT will acquire the borrow area.<br /> <br /> ::::'''Temporary Fence:''' Temporary fencing of easements should be included as cost to cure. Estimated costs of temporary fencing should be consistent with its temporary nature.<br /> <br /> ::::Temporary fencing of easements not provided by the contractor should be included as cost to cure. Estimated costs of temporary fencing should be consistent with its temporary nature.<br /> <br /> ::::Temporary fencing of easements is required when livestock containment is an issue, even if the plans indicate the contractor will provide such fence. For reasons of highway safety and potential liability claims, compensation should provide temporary fence in like kind to the existing fence, up to and including woven wire. The value of board or decorative fence would be compensated for in like kind for the permanent fence, but would not be appropriate compensation measure for temporary fence.<br /> <br /> :::'''8. [[127.2 Historic Preservation and Cultural Resources|Historic and Archaeological Considerations]]'''<br /> <br /> :::Normally, properties with historic or archaeological significance will have been identified in the project design phase. If in the course of inspection or research the appraiser becomes aware of new facts indicating that a subject may be a historically or archaeologically significant site these facts should be reported to the district right of way manager for communication to other divisions with responsibility for dealing with them. Archaeological sites will likely be explored and artifacts removed before any effects by the project, and will normally not be considered in any appraisal of the property. Once a determination has been made to acquire a historic building for a project, it should be dealt with as a typical appraisal problem by taking into account all factors that affect value. Historic characteristics of a building may have positive, negative or no impact on value depending primarily upon market reaction to laws regulating the building's use and maintenance, and should be dealt with as part of the appraisal problem.<br /> &lt;div id=&quot;Manufactured Homes&quot;&gt;&lt;/div&gt;<br /> :::'''9. Manufactured Homes'''<br /> <br /> :::In general, manufactured/mobile homes shall be considered realty if owned by the fee holder and assessed as realty. They shall be considered personalty if the tenant owns the mobile home but not the land in which the mobile home is sitting on. For additional definition of mobile home, see [[236.8 Relocation Assistance Program#(cc) Mobile home|EPG 236.8.1.3.cc]], and [https://www.law.cornell.edu/cfr/text/49/24.2 49 CFR 24.2(a) 17].<br /> <br /> :::If personalty, the manufactured/mobile homes shall be noted in the appraisal report but not valued. Personalty will be covered under relocation (see [[236.8 Relocation Assistance Program|EPG 236.8]]).<br /> <br /> :::'''10. Moving Improvements as a Measure of Damage'''<br /> <br /> :::Use of the estimated cost to move a building improvement as a measure of proximity or other consequential damage must be supported by contractor estimates and analysis of market data to show feasibility. The value of the improvement if moved must be significantly greater than the after value in-place plus the cost to move. The use of this method is limited to those situations in which moving an improvement appears to be an action that a typical prospective buyer might consider. When this method of analysis is chosen both a sales comparison and cost approach should be done and the added value and extended economic life due to new components such as foundation, plumbing, wiring, etc. must be recognized in the after value conclusion.<br /> <br /> :::'''11. On-premise Signs'''<br /> <br /> :::If a partial acquisition requires removal of on premise signs, including logo or trademark signs, such signs are to be handled under [[236.8 Relocation Assistance Program|Relocation]].<br /> <br /> :::If a business operation will be totally acquired, all on premise signs are to be valued as real estate and offered back to the owner at salvage value. An exception would be made, however, for those situations in which the business operation is to relocate to another location and wants to utilize an existing sign. In such cases a sign may be handled under [[236.8 Relocation Assistance Program|Relocation]].<br /> <br /> &lt;div id=&quot;12. Personalty Items and Fixtures&quot;&gt;&lt;/div&gt;<br /> :::'''12. Personalty Items and Fixtures'''<br /> <br /> :::The appraisal report should identify the items considered in the appraisal to be real property, as well as those identified as personal property. See [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR 24.103(a)(1)] and [[#USPAP|USPAP Standard Rule 1-2 e iii]]. This requirement may be met by identifying fixtures included in the realty value. Identify fixtures or personalty that might be considered a fixture, which the owner desires to retain, and exclude those elements from the realty value. Examples include freestanding appliances, restaurant equipment, industrial machines, etc. To avoid duplication of payments in the relocation program, the appraiser may need to coordinate with the relocation specialist and legal counsel to ensure proper allocation of complex fixture and personalty items.<br /> <br /> :::LP tanks owned by the fee holder are to be considered realty and included in the value estimate, unless the owner desires to have the fixture moved under the relocation program. Leased or tenant owned LP tanks are to be considered personal property and not valued.<br /> <br /> :::Satellite dishes including all in-ground components are to be considered as personal property and not valued.<br /> <br /> :::'''13. Project Influence'''<br /> <br /> :::As contained in [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR Section 24.103(b)] (February 1, 2005), &quot;The appraiser shall disregard any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired or by the likelihood that the property would be acquired for the project, other than that due to physical deterioration within the reasonable control of the owner.&quot;<br /> <br /> &lt;div id=&quot;Special Benefits&quot;&gt;&lt;/div&gt;<br /> :::'''14. Special Benefits'''<br /> <br /> :::Special Benefits are those benefits accruing to the land adjacent to the public improvements, which do not accrue to the public at large.<br /> <br /> :::Special benefits reflected in an appraisal must be supported with concurrence from district counsel by letter retained in the appraisal work file.<br /> <br /> :::It is the policy of MoDOT that no single-family dwelling that has contributory value, whether occupied or unoccupied at the effective date of appraisal or date of acquisition, shall be compensated at less than its contributory value due to the assessment of special benefits, and that no occupied dwelling shall be compensated at less than its value for residential highest and best use.<br /> <br /> :::If there are special benefits to a remainder and an occupied or vacant dwelling which has value in the before situation is to be acquired, the [http://eprojects/Templates/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment] shall instruct the appraiser to do a cost approach in addition to any other applicable approaches so that a value estimate for the improvement is set out. If the estimate of just compensation of the appraisal is less than the value of the dwelling and residential outbuildings such as detached garages and/or storage sheds, and a typical supporting site the reviewer shall approve compensation in at least the amount of the estimated value of the dwelling, associated residential outbuildings and supporting site.<br /> <br /> :::If there are special benefits to a remainder and an occupied dwelling which has no contributory value in the before situation is to be acquired, the Scope of Assignment shall instruct the appraiser to provide a value estimate for the dwelling and residential outbuildings such as detached garages and/or storage sheds, and a typical supporting site as if the highest and best use was residential, in addition to the value estimate resulting from dealing with the appraisal problem in the normal manner. Approved compensation shall be at least the value of the dwelling, associated outbuildings and supporting site.<br /> <br /> :::If there are special benefits to a remainder and an unoccupied dwelling which has no contributory value in the before situation is to be acquired, the property shall be appraised for its highest and best use in both the before and after situation with no special consideration being given the improvements.<br /> <br /> :::'''15. Blank'''<br /> <br /> :::'''16. Units of Comparison'''<br /> <br /> :::In markets where analysis by front foot indicators is considered appropriate, value indications by area (square foot or acre) shall also be included in comparative data and analyses.<br /> <br /> &lt;div id=&quot;USPAP&quot;&gt;&lt;/div&gt; <br /> :::'''17. Uniform Standards of Professional Appraisal Practice'''<br /> <br /> ::::'''[[#Compliance Statement|USPAP Compliance Statement]]:''' This statement is to be used in [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard], [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR], and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20Finding%20Appraisal%20Form%20236.6.3.2.docx Value Finding] formats. See [[#236.6.3.3 Waiver Valuation|EPG 236.6.3.3]] for the USPAP Compliance Statement to be used with Waiver Valuations.<br /> <br /> ::::Uniform Standards of Professional Appraisal Practice (USPAP) provide the common basis for all appraisal practice and reflects the current standards of the appraisal profession. Supplemental standards applicable to assignments prepared for specific purposes may be issued by government agencies that establish public policy. This manual represents MoDOT’s supplemental standards.<br /> <br /> ::::USPAP addresses the ethical and performance obligations of appraisers through definitions, rules and standards. The definitions establish the application of certain terminology. The Ethics Rule sets forth the requirements for integrity, impartiality, objectivity, independent judgment and ethical conduct. The Competency Rule presents pre-assignment and assignment conditions for knowledge and experience. The Jurisdictional Exception Rule preserves the balance of USPAP if a portion is contrary to law or public policy of a jurisdiction. The Supplemental Standards rule provides the means for government agencies that establish public policy to augment USPAP. The Standards establish the requirements for appraisal, appraisal review and the manner in which each is communicated. In performing assignments for the MoDOT and Missouri Highways and Transportation Commission, appraisers are bound by these USPAP standards and rules.<br /> <br /> ::::USPAP Standards Rule 1-4 when applicable In developing a real property appraisal, an appraiser must collect, verify, and analyze all information necessary for credible assignment results MoDOT has determined, through the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment], the formats and approaches to value which are applicable, that is, the approaches which are necessary to produce a credible appraisal for valuing property or property rights to be acquired for the Missouri Highways and Transportation Commission purposes or for disposal of this property or property rights.<br /> <br /> ::::As an agency of the government of the State of Missouri with the power to make administrative rules with the force of law, MoDOT’s policy in this matter falls under the Jurisdictional Exception and explanation by the appraiser that the approaches to value are those required by the Scope of Assignment is adequate explanation and support for the exclusion of any of the usual valuation approaches.<br /> <br /> ::::It is not the purpose of MoDOT to circumvent USPAP in utilizing abbreviated report formats or requiring less than three approaches to value. Rather, the purpose of this procedure is to keep the authority for making the decision on which approaches to value shall be done on an administrative level. The appraiser has the responsibility to request a change in the Scope of Assignment if field inspection reveals that the appraisal problem is substantially different than described in the Scope of Assignment and the approaches called for do not adequately deal with the problem.<br /> <br /> ::::Through the Scope of Assignment process, the agency and the appraiser have determined that the appraisal process to be performed will provide a credible report. The review process finally assures that a credible report has been accomplished for the intended use.<br /> <br /> ::::Not all specific requirements of USPAP are applicable to every assignment. Typical practice for a given assignment is measured by the expectations of parties who are regularly intended users for similar assignments, participants in the market of appraisal services, and what an appraiser’s peers’ actions would be in performing the same or a similar assignment.<br /> <br /> ::::'''Jurisdictional Exception:''' Section A of the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA) notes that the Standards conform to Uniform Standards of Professional Appraisal Practice (USPAP), but that, in certain instances, it has been necessary to invoke USPAP’s Jurisdictional Exception Rule to conform the UASFLA to federal law relating to the valuation of real estate for government acquisition purposes. The following identifies the areas of the UASFLA that deviate from USPAP under the Jurisdictional Exception Rule.<br /> <br /> ::::USPAP’s Jurisdictional Exception Rule provides that &quot;if any part of USPAP standards is contrary to the law or public policy of any jurisdiction, only that part shall be void and of no force or effect in that jurisdiction&quot;. By way of explanation, the comment section of USPAP’s Jurisdictional Exception Rule further provides: &quot;By logical extension, there can be no violation of USPAP by an appraiser disregarding, with proper disclosure, only the part or parts of USPAP that are void and of no force and effect in a particular assignment by operation of legal authority&quot;. The comment also states, however, that &quot;it is misleading for an appraiser to disregard a part or parts of USPAP as void and of no force and effect in a particular assignment without identifying in the appraiser’s report the part or parts disregarded and the legal authority justifying this action&quot;.<br /> <br /> ::::The conflicts between the UASFLA and USPAP that require invocation of USPAP’s Jurisdictional Exception Rule are minimal. Invocation of the Jurisdictional Rule should never be invoked lightly, or without reference to the overriding federal policy, rule, or regulation, which requires it. USPAP is not a particularly restrictive document, but it and the UASFLA require full and prominent disclosure to avoid misleading intended users (or even casual readers) of the appraisal report.<br /> <br /> ::::While the UASFLA standards are not themselves law, they are based on federal case law, legislation, and administrative rules. Also, the UASFLA standards have been specifically incorporated by reference into a number of statutes and regulations, in particular the regulations that implement the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. It is clear that the deviations between the UASFLA and USPAP noted below fall under USPAP’s Jurisdictional Exception Rule; the legal authority justifying these exceptions consists of the UASFLA and the federal case law, legislation, and federal regulations upon which the UASFLA are based.<br /> <br /> ::::*'''Linking Estimate of Value to Specific Exposure Time'''<br /> :::::Section A-9 of the UASFLA provides that the appraiser shall not '''link''' an estimate of market value for federal land acquisition purposes to a specific exposure time. This is contrary to USPAP Standards Rule 1-2 and Standards Rule 2-2, and is considered a jurisdictional exception. The legal basis and reasoning for this jurisdictional exception may be found in Section B-2 of the UASFLA.<br /> <br /> ::::*'''Consideration of Land Use Regulations and Anticipated Public Projects'''<br /> :::::Section A-12 of the UASFLA provides that the appraiser disregard any changes in a property’s neighborhood brought about by the government’s project. Section A-13h of the UASFLA further instructs appraisers that they must disregard recent rezoning (or the probability of rezoning) of the property under appraisal if such action was the result of the government’s project. Section B-10 of the UASFLA, “Enhancement or Diminution in Value Due to the Project,” explains the legal basis for these instructions. These instructions are contrary to USPAP Standards Rule 1-3(a), which requires appraisers to identify and analyze the effect on use and value of existing land use regulations and probable modifications thereof, and to Standards Rule 1-4(f), which requires appraisers to analyze the effect on value of anticipated public improvements located on or off site. Therefore, the instructions to appraisers in the UASFLA in this regard are considered jurisdictional exceptions.<br /> <br /> ::::*'''Review Functions'''<br /> :::::Section C-5 of the UASFLA notes that 49 C.F.R. 24.104 requires the reviewer to determine whether the appraisal under review constitutes an adequate basis for the establishment of an offer of just compensation. To do that, it may be necessary for the reviewer to consider information that was not available to the appraiser at the time the appraisal report was prepared. Standards Rule 3-1(c) of USPAP prohibits the reviewer from using information not available to the appraiser in development of an opinion as to the quality of the appraisal report under review. Review appraisers are cautioned that some may construe their consideration of such information in conducting their review and developing recommendations to management as contrary to Standards Rule 3-1(c). Therefore, review appraisers may wish to invoke USPAP’s Jurisdictional Exception Rule in this regard, depending upon the specific circumstances of the review.<br /> <br /> :::::As noted in Section C-1 of the UASFLA, administrative reviews are not subject to USPAP and do not meet the requirements of 49 C.F.R. 24.104. In addition, Draft Appraisal Reports are not subject to USPAP, even though they may be reviewed for general conformance therewith, as well as conformance with the UASFLA. However, a technical review report covering a draft appraisal report does fall under the purview of USPAP and the UASFLA. However, the review appraiser typically does not approve, recommend for approval, disapprove, accept, or reject a draft appraisal report. Draft appraisal reports, for purposes of the UASFLA, are written appraisal reports, or parts thereof, which are not signed by the appraiser and do not include a signed appraiser’s certificate, or a signed letter of transmittal.<br /> <br /> ::::*'''Conduct of Preliminary Value Estimates and Appraisals for Federal Land Exchanges''' <br /> :::::As noted in Section D-7 of the UASFLA, a preliminary value estimate prepared under 43 C.F.R. 2201.1(b) is not considered an appraisal even though it may be prepared by a qualified appraiser. Therefore, the preparations of such preliminary value estimates are a jurisdictional exception to USPAP.<br /> <br /> ::::*'''Specific Legislation and Regulations'''<br /> :::::Each land acquisition agency has its own policies, rules, and regulations relating to its land acquisition activities. While all of these rules and regulations work from a base of 49 C.F.R. Pt. 24, as do the UASFLA, specific agency program activities sometimes make it necessary to adopt rules and regulations which are, or may be construed to be, contrary to USPAP.<br /> <br /> ===236.6.3.2 Value Finding Appraisal Format===<br /> <br /> The instructions for the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format] (Form 236.6.3.1) are the source for general appraisal guidance on all the formats. The following instructions are specific to the Value Finding Appraisal Format.<br /> <br /> Use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20Finding%20Appraisal%20Form%20236.6.3.2.docx Value Finding Appraisal Format] (Form 236.6.3.2) is allowed when:<br /> <br /> *the acquisition is simple<br /> *fair market value can adequately be estimated by the sales comparison approach with only minor adjustments<br /> *damage to the remainder can be measured by the cost to cure or is consequential damage not exceeding $25,000 per element of damage, unless authorized by a policy waiver from Right of Way Section. Damages due to simple strip permanent or temporary easements and cost to cure items when valued by a reliable cost manual or contractors’ estimate are not subject to the $25,000 damage limit in the value finding format.<br /> *the highest and best use is the present use and is not materially affected by the acquisition. Change in highest and best use resulting from a nominal uneconomic remnant is allowed in this format.<br /> <br /> Use of the Value Finding Appraisal Format, Form 236.6.3.2 is '''not''' allowed:<br /> <br /> *when there is consequential damage exceeding $25,000 to a structural improvement, unless authorized by a policy waiver from Right of Way Section (see [[#Damages|EPG 236.3.1.D Damages]]).<br /> *when residences are to be acquired, unless authorized by a policy waiver from Right of Way Section.<br /> <br /> Any waiver from the above restrictions of the Value Finding Format must be obtained in writing from Right of Way Section.<br /> <br /> ====A. Instructions For Preparing Value Finding Appraisal Format====<br /> <br /> The appraiser shall adhere to the following format, and shall include paragraph headings and numbers as shown. The appraisal shall be typewritten on 8 1/2&quot; x 11&quot; paper with the pages numbered sequentially.<br /> <br /> These format instructions set out appraisal requirements of the Missouri Department of Transportation (MoDOT) and the Federal Highway Administration (FHWA). It is inevitable that appraisers will occasionally encounter situations that are not specifically addressed herein. In all cases the appraiser is responsible for a credible, adequately documented appraisal. Reasonableness and typical professional appraisal practices are the standard.<br /> <br /> There are a number of ownership items and appraisal problems frequently encountered in appraising for property acquisition, on which policies have been established by case law, management decision and precedent. These policies apply to all appraisal formats and are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1.D, Other Appraisal Considerations]].<br /> <br /> See [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|EPG 236.6.3.1]] for the standard identification block<br /> <br /> :'''1. Owner and Tenant Owner'''<br /> <br /> :See [[#Owner and Tenant Owner|Owner and Tenant Owner]] for instructions.<br /> <br /> :'''2. Purpose of Appraisal'''<br /> <br /> :See [[#Purpose of Appraisal|Purpose of Appraisal]] for instructions and all standard language for this paragraph.<br /> <br /> :'''3. Interest Appraised'''<br /> <br /> :See [[#Interest Appraised|Interest Appraised]] for instructions.<br /> <br /> :'''4. Scope of Work'''<br /> <br /> :See [[#Scope of Work|Scope of Work]] for instructions.<br /> <br /> :The Scope of Work for a Value Finding Appraisal Format is the same as that of a Standard Appraisal Format. However, due to the simplicity of the impact on the appraised property as determined in the Scope of Assignment, the required reporting level is reduced in the Value Finding report.<br /> <br /> :'''5. Identification of the Property'''<br /> <br /> :See [[#Identification of the Property|Identification of the Property]] for instructions.<br /> <br /> :'''6. History of the Property'''<br /> <br /> :See [[#History of the Property|History of the Property]] for instructions.<br /> <br /> :'''7. Description of Realty Before Acquisition'''<br /> <br /> :See [[#Description of Property Before Acquisition|Description of Property Before Acquisition]] for instructions.<br /> <br /> ::'''A. Zoning:'''<br /> <br /> ::*Code <br /> ::*Category<br /> ::*Compliance<br /> <br /> ::'''B. Land:'''<br /> <br /> ::For the Value Finding format, the land description should concentrate on areas in the acquisition and areas affected by the acquisition. Unaffected areas may require little or no description.<br /> <br /> ::*Access Before Acquisition:<br /> ::*Utilities In Use Before Acquisition:<br /> ::*Utilities Available Before Acquisition:<br /> <br /> ::'''C. Fee Owned Improvements, Fixtures and Personalty:'''<br /> <br /> ::See [[#Description of Property Before Acquisition|EPG 236.6.3.1.7C]] for instructions for Fee Owned Improvements, Fixtures and Personalty. If unaffected by the acquisition, improvements shall be inspected to the extent that they can be adequately described. The appraiser may estimate the contributory value of unaffected improvements without support.<br /> <br /> ::This format shall not be used when there is consequential damage exceeding $25,000 to a structural improvement. If there will be consequential damage to a structural improvement, include a detailed description of the affected improvement in this paragraph and explain damage applied in Paragraph 9.<br /> <br /> ::*Fixtures and Personalty ([[#12. Personalty Items and Fixtures|EPG 236.6.3.1.19.D.12]] and [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR Subpart B 24.103 (a)]<br /> <br /> ::'''D. Tenant Owned Improvements, Fixtures and Personalty:'''<br /> <br /> ::See [[#Description of Property Before Acquisition|EPG 236.6.3.1.7D]] for instructions for Tenant Owned Improvements, Fixtures and Personalty. See also [[#12. Personalty Items and Fixtures|EPG 236.6.3.1.19.D.12]] and [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR Subpart B 24.103 (a)].<br /> <br /> ::'''E. Other Appraisal Considerations:'''<br /> <br /> ::Methods and directions for addressing other property elements are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> :'''8. Highest and Best Use'''<br /> <br /> :For a Value Finding appraisal, a statement of the highest and best use conclusion is sufficient. A concluded highest and best use in conflict with existing zoning must be explained. The Value Finding Appraisal Format requires that the highest and best use of an improved property be the current use and that the highest and best use is not affected by the acquisition.<br /> <br /> :For additional information on highest and best use, see [[#8. Highest and Best Use Analysis Before Acquisition|Highest and Best Use Analysis Before Acquisition]].<br /> <br /> :'''9. Description of the Acquisition and Effects on the Remainder'''<br /> <br /> :For a Value Finding appraisal, include the area of new acquisition and/or easements, and briefly describe their location, configuration and relation to improvements or other important characteristics of the property. See [[#Description of Property Before Acquisition|Description of Property Before Acquisition]] and [[#Description of Property After Acquisition|Description of Property After Acquisition]] for instructions on Utilities and Access.<br /> <br /> :*Access After Acquisition:<br /> :*Impact on Utilities:<br /> :*Utilities In Use After Acquisition:<br /> :*Utilities Available After Acquisition:<br /> <br /> :'''Other Appraisal Considerations:'''<br /> <br /> :Methods and directions for addressing other property elements are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> :'''10. Analysis and Supporting Data for Compensable Losses'''<br /> <br /> ::'''A. Analysis of Overall Land Value:'''<br /> <br /> ::In a Value Finding appraisal, a minimum of one unimproved sale comparable to the subject as if the subject was unimproved, shall be considered when arriving at an overall unit value, unless a different requirement of sale date is specified in the Scope of Assignment. See [[236.6 Appraisal and Appraisal Review#236.6.3.5 Instructions for Preparing Sale Forms|EPG 236.6.3.5]] for requirements of comparable sale and [[#Sales Comparison|EPG 236.6.3.1.9.A]] for the application of comparable sales in the valuation. All significant differences between the sale and subject must be identified and the effect on market value analyzed and explained.<br /> <br /> ::In a Value Finding appraisal, total difference of up to 30% may be adjusted in a lump sum, with explanation. When a sale sufficiently comparable to meet this requirement is not available the appraiser may use the most comparable sale(s) available and show individual adjustments together with market data or in-depth explanation of the appraiser's rationale to support the adjustments and value conclusion. A brief explanation should be given if in the appraiser's judgment no adjustment to the sale(s) is necessary.<br /> <br /> ::Conclusion-Overall Unit Value of Land: $ ________________<br /> <br /> ::'''B. Analysis of Value of Land Acquired (if different from overall value):'''<br /> <br /> ::In a Value Finding appraisal, if the unit value of the area acquired is different from the overall unit value of the entirety it must be supported by a sale comparable to the acquisition and explanation must be given why the estimated unit value of the acquisition area is different. The same procedure for adjustments as outlined above applies to the sale(s) used to analyze the unit value of the acquisition.<br /> <br /> ::Conclusion-Unit Value of Land Acquired: $ _____________<br /> <br /> ::'''C. Analysis of Value of Improvements, Fixtures and Personalty in the Acquisition:'''<br /> <br /> ::In a Value Finding appraisal, the appraiser may estimate the contributory value of any acquired improvement having a value of $25,000 or less. Improvements with a value over $25,000 may be valued by The Cost Less Depreciation approach with cost sources, calculations and depreciation rates shown, or by a method set out in the Scope of Assignment, or [[#Cost Approach|EPG 236.6.3.1.9B]].<br /> <br /> ::Depreciation may be estimated by observed condition or age life methods. Market data supporting improvement value and/or depreciation estimates may be included.<br /> <br /> ::Value of each improvement, its ownership and the total value of improvements acquired shall be shown. Also see [[#Other Appraisal Considerations|EPG 236.6.3.1D]].<br /> <br /> ::Conclusion-Estimated Value of Improvements Fixtures and Personalty Acquired:__________<br /> <br /> ::'''D. Analysis of Damage to the Remainder:'''<br /> <br /> ::In the Value Finding format, rationale for conclusion of damage to remainder due to easements or other damage shall be explained. Description of temporary and permanent easements should include the use and anticipated duration of that use.<br /> <br /> ::Losses to remainder value may result from limitation of direct access, proximity of the proposed boundary line to improvements, severance, reduction in size of remainder, configuration of remainder, change in grade, and other effects of acquisition. Losses of this nature may be estimated by the appraiser without the benefit of sales data or other supporting evidence provided an estimate for any one given loss does not exceed $25,000, but in all cases rationale must be reasonable and fully explained. Consequential damage due to more than one of the above factors may suggest that the standard appraisal format should be used.<br /> <br /> ::Cost to cure items may include wells and water systems, septic or sewer systems, waterways, terraces, fencing for proposed boundary lines along relocated highways, etc. Costs for such items shall be based on contractor estimates or other appropriate cost sources. Value of each cost to cure item and the total shall be shown. The costs of cost to cure elements, documented in the same manner that would be applied in a Standard Format, are not included in this limitation of damages in this Value Finding format.<br /> <br /> ::The estimated cost to move a building improvement shall not be used as a measure of consequential damage in the Value Finding format, unless authorized in the Scope of Assignment. See [[#Reconciliation of Value Before Acquisition|EPG 236.6.3.1.D10]].<br /> <br /> ::Conclusion-Estimated Damage to Remainder: $___________<br /> <br /> ::'''Other Appraisal Considerations:'''<br /> <br /> ::Methods and directions for addressing other property elements are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1D]].<br /> <br /> :'''11. Estimate of Total Just Compensation'''<br /> <br /> :The Before Value Estimate shall include the value of land and all improvements including outdoor advertising structures. Contributory values of unaffected improvements may be estimated.<br /> <br /> ::Total Before Value Estimate: $ ________________<br /> <br /> ::After Value Estimate: $ ________________<br /> <br /> ::Indicated Just Compensation Due to Acquisition:$ ________________<br /> <br /> :'''12. Allocation of Just Compensation'''<br /> <br /> :The appraiser shall offer an opinion of reasonable allocation of the estimate of just compensation between realty acquired and damages, if any, to the remainder. This policy shall apply to the interests of both fee holders and tenants who own improvements.<br /> <br /> ::'''A. Allocation of Fee Holder’s Interest:'''<br /> <br /> :::1. Land Acquired: $ ________________<br /> <br /> :::2. Improvements, Fixtures and Personalty: $ ________________<br /> <br /> :::Improvements or structures within the new acquisition and/or easement areas shall be identified, with a separate value shown for each. Fence acquired in a strip acquisition shall be included as an improvement acquired.<br /> <br /> :::3. Total Land and Improvements Fixtures and Personalty: $ __________<br /> <br /> :::4. Damages to the Remainder: $ __________<br /> <br /> :::Damages to the remainder including permanent and temporary easements shall be identified and individually valued and their values combined to a total. Losses caused by temporary borrow pits must be set apart from other damages. Fencing required as a cost to cure due to road realignment, temporary fencing, etc., shall be included as a damage to the remainder.<br /> <br /> :::5. Total Just Compensation Due Fee Holder: $ __________<br /> <br /> ::'''B. Allocation of the Tenant Owner’s Interest:'''<br /> <br /> :::1. Tenant Owned Improvements Fixtures and Personalty:<br /> <br /> ::::Item __________________ $ ________________<br /> ::::Item __________________ $ ________________<br /> <br /> :::Identify each tenant owned improvement within the new acquisition and/or easement area and estimate its value. Use the greater of its contributory value or value for removal (salvage value).<br /> <br /> :::2. Damage to Tenant Owned Improvements Fixtures and Personalty:<br /> <br /> ::::Item __________________ $ ________________<br /> ::::Item __________________ $ ________________<br /> <br /> :::Identify and show a value loss, if any, for each tenant owned improvement lying outside the acquired area.<br /> <br /> :::3. Leasehold Interest: $ __________<br /> <br /> :::Calculate value of leasehold Interest, if any, should the lease be extinguished or rendered valueless by the acquisition.<br /> <br /> :::4. Total Just Compensation Due Tenant-Owner: $ __________<br /> <br /> :'''13. Uneconomic Remnant'''<br /> <br /> :See [[#Uneconomic Remnant|EPG 236.6.3.1.17]] for instructions on Uneconomic Remnant.<br /> <br /> :Area __________________ @ $ ____________ = $ ________________<br /> <br /> :'''14. Salvage Value''' <br /> <br /> :See [[#Salvage Value|EPG 236.6.3.1.18]] for instructions on Salvage Value.<br /> <br /> :Improvement Salvage Value $_________________<br /> <br /> :Improvement Salvage Value $_________________<br /> <br /> :Total Salvage Value $ _________________<br /> <br /> :'''15. Required Attachments'''<br /> <br /> :See [[#Required Attachments|EPG 236.6.3.1.19]] for Required Attachments.<br /> <br /> ===236.6.3.3 Waiver Valuation===<br /> <br /> The purpose of the appraisal waiver provision is to provide a technique to avoid the costs and time delay associated with appraisal requirements for low-value, non-complex acquisitions. The intent is that non-appraisers and appraisers in training may make waiver valuations. The district right of way manager or assistant right of way manager certified makes a determination to use the waiver valuation.<br /> <br /> Waiver valuations are not appraisals as defined by the Uniform Act and 49 CFR; ([https://www.law.cornell.edu/cfr/text/49/24.102 49 CFR 24.102 (c)]) therefore, appraisal performance requirements or standards, regardless of their source, are not required for waiver valuations. Since waiver valuations are not appraisals, neither is there a requirement for an appraisal review. The definition of &quot;appraisal&quot; in the Uniform Act and appraisal waiver provisions of the Uniform Act and 49 CFR are Federal law and public policy and should be considered as such when determining the impact of appraisal requirements levied by others, including USPAP.<br /> <br /> Use of the Waiver Valuation is allowed when the acquisition is simple and $25,000 or less. Fence re-establishment costs, whether improvement acquired or allocated to damages, may be excluded from this limit. No other cost to cure elements may be excluded from the limit.<br /> <br /> Limitations to the intended use of the Waiver Valuation include:<br /> <br /> *land value is easily determined,<br /> *only nominal structural improvements are acquired,<br /> *only nominal access rights are acquired<br /> *other than fence, costs to cure cannot make the total compensation exceed $25,000<br /> *there are no apparent damages to the remainder – other than simple easements, access rights of nominal impact and creation of nominal uneconomic remnants<br /> <br /> An agency official must establish just compensation to offer the property owner that is accomplished by the valuer’s signature and co-signature of the district right of way manager or assistant right of way manager certified, or their designee.<br /> <br /> The same person may perform both the value estimate and negotiation functions. Although the right of way representative must contact the owner, an invitation to accompany the representative during the property inspection is not required.<br /> <br /> This section provides guidance and format for a Payment Estimate waiver valuation. Other waiver valuation formats may be developed by districts to accommodate management style and project type. Development of alternative waiver valuation formats other than the Payment Estimate requires the approval of the Right of Way Section.<br /> <br /> '''A. Payment Estimate Instructions:'''<br /> <br /> :Use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Waiver%20Valuation%20Form%206.3.3.docx Payment Estimate] (Form 236.6.3.3) is allowed when the acquisition is simple and the value of the acquisition is $25,000 or less. Fence re-establishment costs, may be excluded from this limit. No other cost to cure elements may be excluded from the $25,000 limit. The same person may perform both the value estimation and negotiation functions if the value estimate is less than $25,000.<br /> <br /> :The following sample format will be adequate for most applications but may be expanded to include space for uneconomic remnants, etc. when required.<br /> <br /> :'''Payment Estimate - Waiver Valuation'''<br /> <br /> :See [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|EPG 236.6.3.1]] for the standard identification block.<br /> <br /> :'''1. Owner and Tenant Owner:'''<br /> <br /> :Identify owner and tenant owner by address, phone number, etc.<br /> <br /> :For a Waiver Valuation, the property owner and tenant owner must be contacted and the contact documented in the valuer’s work file. Personal contact is preferred, however, when time or other limitations make this impractical, contact by telephone or mail is permitted. The valuer should inform the property owner and tenant owner as to the nature of the acquisition and that a written offer showing the amount of damages will be delivered by MoDOT right of way personnel or by mail.<br /> <br /> :In the Waiver Valuation, an invitation to accompany the right of way representative during the property inspection is not required. A copy of the brochure Pathways for Progress should be provided the property owner by the person making the initial contact. If the contact is by telephone, the brochure should be mailed.<br /> <br /> :'''2. Identification of the Property'''<br /> <br /> :See [[#Identification of the Property|Identification of the Property]] for instructions.<br /> <br /> :'''3. Description of Acquisition'''<br /> <br /> :Briefly describe the acquisition. In the waiver valuation, affects on the remainder are limited to easements and nominal damage elements.<br /> <br /> :'''4. Basis for Value:'''<br /> <br /> :Valuer shall cite one or more vacant land sales. Explanation of values of easements, nominal improvement, costs to cure, etc. should be addressed here.<br /> <br /> :'''5. Summary'''<br /> <br /> :Value of Land Acquired: $ _______________<br /> <br /> :Value of improvements, fixtures or personalty to be acquired:<br /> ::Fee owner (Salvage Value $_________) $ _______________<br /> <br /> ::Tenant owner (Salvage Value $______) $ _______________<br /> <br /> :Damages to the Remainder:<br /> <br /> ::Permanent Easement:<br /> ::_____________(area) @ $ _______ = $ _______________<br /> ::Temporary Easement:<br /> ::_____________(area) @ $ _______ = $ _______________<br /> <br /> :Other Damages: ___________________ $ _______________<br /> <br /> :Sub-total: ($25,000) limit $________________<br /> <br /> :Fencing: _________l.f. @ $_________/(l.f.) $ _______________<br /> :Fencing: _________l.f. @ $_________/(l.f.) $ _______________<br /> :Fencing: _________l.f. @ $_________/(l.f.) $ _______________<br /> :Total Fencing: $ _______________<br /> <br /> :Total Just Compensation $ _______________<br /> <br /> :Uneconomic Remnant $ _______________ <br /> <br /> :The assignment of value of a nominal uneconomic remnant created by an acquisition that fits the criteria and limitations of a Waiver Valuation may be assigned in this format.<br /> <br /> :'''6. USPAP Compliance Statement:'''<br /> <br /> :The valuer shall include in the waiver valuation report the following statement:<br /> <br /> :'''[[#USPAP|USPAP Compliance Statement]]:''' This waiver valuation was prepared according to the agreement/assignment from the Missouri Department of Transportation (MoDOT). The intended use of the waiver valuation is for eminent domain related acquisition and MoDOT is the only intended user (except as indicated above). MoDOT bears responsibility for agreement/assignment requirements that meet its needs and therefore are not misleading. In combination with the Scope of Assignment and administrative approval function, all waiver valuation reports assigned by MoDOT identify the problem to be solved, determine the scope of work necessary to solve the problem and correctly complete research and analysis necessary to produce a credible waiver valuation, and are therefore in compliance with USPAP Standard 1. In that the agency is the only intended user of the report and others may only be provided copies for informational purposes, the agency has determined that reports prepared in conformance with these procedures fulfill MoDOT’s needs. Any inconsistencies with USPAP are covered by the USPAP Jurisdictional Exception provision.<br /> <br /> :Prepared by: <br /> <br /> :Approved for Just Compensation by: <br /> <br /> :The preparer and the district right of way manager or their designee are required to sign the report constituting approval of just compensation by an agency official.<br /> <br /> :'''Required Attachments:'''<br /> :*Site Plan<br /> :*Photograph of Acquisition Area<br /> :*Comparable Sale or Other Value Support<br /> <br /> :'''Optional Attachments:'''<br /> :*Cover letters<br /> :*Tables of Contents<br /> :*Qualifications<br /> :*Engagement Letter or Notice to Proceed<br /> <br /> '''B. Use of Nominal Equal Payments to Assign Just Compensation with the Waiver Valuation'''<br /> <br /> Districts may establish categories of extremely simple and nominal acquisitions, like temporary driveway connection easements, and assign nominal equal compensation for those categories. The compensation must be greater than the conclusion of a valuation assignment or other calculation of the compensation, if one were done. These nominal equal payments may be included in Waiver Valuations for parcels with additional types of acquisitions or may be established as the Just Compensation if it is the only acquisition on given parcels. <br /> <br /> '''C. Use of Agent’s Value Estimate (AVE)'''<br /> <br /> Use of the AVE will be based on current sales data, parcel size, and other applicable appraisal criteria, to ensure that property owners are offered a fair market value for the acquisition of less than $25,000. <br /> <br /> The AVE will be prepared either in a MoDOT memorandum format or a cost estimate spreadsheet format. Data included in the AVE will include: date, parcel number, county route and project number. The sales data use is arriving at a value will be listed. It will be referred that three sales be shown as comparables, but listing one comparable sale is acceptable in limited markets. Fencing values and other minor items of acquisition will be estimated by using contractor’s cost estimates and/or Marshall and Swift cost data. The Assistant Right of Way Manager – Certified, or their designee will make a brief statement concerning the acquisition and the rationale for using the comparable sales. <br /> <br /> A valuation summary will list the amount of land being acquired and the estimated value per acre. Any areas for temporary or permanent easements will be listed with the appropriate value and percentage of damages. Fencing, minor improvements acquired and other applicable items of compensation will be shown in the summary as a line item addition to the total compensation. All items of compensation will then be added t produce the total compensation to be offered for each parcel.<br /> &lt;div id=&quot;D. Nominal Acquisition Payment (NAP)&quot;&gt;&lt;/div&gt;<br /> '''D. Nominal Acquisition Payment (NAP)'''<br /> <br /> Use of the NAP will be based on current sales data, parcel size, and other applicable appraisal criteria, to ensure that property owners are offered a fair market value for the acquisition of less than $25,000. The use of the NAP shall be subject to the approval of the Asst. to the State Design Engineer-ROW. <br /> <br /> The NAP is a table format indicating owner, size of subject, property and easements to be acquired, unit price of comparable sale, easement percentage, calculation of minor improvements, explanation of damages and calculated payment.<br /> <br /> ===236.6.3.4 Uniform Residential Appraisal Report (URAR) and Addendum===<br /> <br /> The instructions for the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format] (Form 236.6.3.1) are the source for general appraisal guidance on all the formats. The following instructions are specific to the URAR Appraisal Format.<br /> <br /> Use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR] (Form 236.6.3.4) must be authorized by the approved Scope of Assignment and will be primarily intended for valuations for the acquisition of single-family residentially improved tracts that are total acquisitions or where the only remainder is a nominal uneconomic remnant. Applicability is restricted to situations in which the residential improvements clearly represent highest and best use.<br /> <br /> The appraiser shall adhere to the following instructions. The appraisal may be on a preprinted or computer-generated URAR form of a version currently used in appraisal practice. Harrison's Illustrated Guide to the Uniform Residential Appraisal Report may be used as an instruction for proper completion of the URAR, for items not specified in these instructions.<br /> <br /> There are a number of ownership items and appraisal problems frequently encountered in valuing acquisitions for transportation purposes, on which policies have been established by case law, management decision and precedent. These policies apply to all appraisal formats and are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1D Other Appraisal Considerations]].<br /> <br /> ====236.6.3.4.1 Uniform Residential Appraisal Report and Addendum====<br /> <br /> See [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|EPG 236.6.3.1]] for the standard identification block.<br /> <br /> :'''1. Owner and Tenant Owner'''<br /> <br /> :Identify owner and tenant owner by address, phone number, etc.<br /> <br /> :'''2. Purpose of Appraisal'''<br /> <br /> :See [[#Purpose of Appraisal|Purpose of Appraisal]] for instructions.<br /> <br /> :'''3. Interest Appraised'''<br /> <br /> :See [[#Interest Appraised|Interest Appraised]] for instructions.<br /> <br /> :'''4. Scope of Work'''<br /> <br /> :See [[#Scope of Work|Scope of Work]] for instructions.<br /> <br /> :The Scope of Work for a URAR Appraisal Format is the same as that of a Standard Appraisal Format. However, due to the standardization and familiarity of the appraiser and the owner with appraisal of single-family homes, the required reporting level is reduced in the URAR report.<br /> <br /> :'''5. Identification of the Property'''<br /> <br /> :See [[#Identification of the Property|Identification of the Property]] for instructions.<br /> <br /> :'''6. History of the Property'''<br /> <br /> :See [[#History of the Property|History of the Property]] for instructions.<br /> <br /> :'''7. Description of Property Before Acquisition'''<br /> <br /> :See [[#Description of Property Before Acquisition|description of property before acquisition]] for instructions. For the URAR, only those elements that are not identified on the URAR valuation form need to be addressed here.<br /> <br /> ::'''A. Zoning:'''<br /> <br /> ::*Code<br /> ::*Category <br /> ::*Compliance<br /> ::*None<br /> <br /> ::'''B. Land:'''<br /> <br /> ::See [[#Description of Property Before Acquisition|land description]] for instructions.<br /> <br /> ::*Access Before Acquisition:<br /> ::*Utilities In Use Before Acquisition:<br /> ::*Utilities Available Before Acquisition:<br /> <br /> ::'''C. Fee Owned Improvements, Fixtures and Personalty:''' <br /> <br /> ::See [[#Description of Property Before Acquisition|EPG 236.6.3.1.7C]] and [[#Description of Property Before Acquisition|EPG 236.6.3.1.7D]] and [[#12. Personalty Items and Fixtures|EPG 236.6.3.1.19.D.12]] for instructions on Fee Owned Improvements, Fixtures and Personalty.<br /> <br /> ::'''D. Tenant Owned Improvements, Fixtures and Personalty'''<br /> <br /> ::See [[#Description of Property Before Acquisition|EPG 236.6.3.1.7C]] and [[#Description of Property Before Acquisition|EPG 236.6.3.1.7D]] and [[#12. Personalty Items and Fixtures|EPG 236.6.3.1.19.D.12]] for instructions on Tenant Owned Improvements, Fixtures and Personalty.<br /> <br /> ::A sign, billboard or other property owned by others, which the Fee Holder does not have a right or obligation to remove, must be identified and valued separately. See [[#Billboard|EPG 236.6.3.1.D2]].<br /> <br /> ::'''E. Other Appraisal Considerations:'''<br /> <br /> ::See [[#Other Appraisal Considerations|EPG 236.6.3.1.7D]] and [[#Description of Property After Acquisition|EPG 236.6.3.1.11A]] for additional information concerning Other Appraisal Considerations.<br /> <br /> :'''8. Estimate of Total Just Compensation'''<br /> <br /> :For the URAR format, attach a narrative explanation of the comparison of each comparable sale with the appraised property, and the adjustments implemented for each significant element of difference affecting value. An explanation shall be offered for each individual adjustment. Differences may be measured by either dollars or percentage.<br /> <br /> :Estimated Value Before Acquisition: $______________<br /> <br /> :Estimated Value After Acquisition: $______________<br /> <br /> :Indicated Just Compensation Due to Acquisition: $______________<br /> <br /> :'''9. Allocation of Just Compensation'''<br /> <br /> ::'''A. Fee Holder's Interest:'''<br /> <br /> :::'''1.''' Land Acquired: $______________<br /> <br /> :::'''2.''' Improvements, Fixtures and Personalty: $______________<br /> <br /> :::'''3.''' Total Land and Improvements, Fixtures and Personalty: $______________<br /> <br /> :::'''4.''' Damages to the Remainder: $______________<br /> <br /> :::'''5.''' Total Just Compensation Due Fee Holder: $______________<br /> <br /> ::'''B.''' Tenant Owner's Interest:'''<br /> <br /> :::'''1.''' Tenant Owned Improvements, Fixtures and Personalty: $______________<br /> <br /> :::'''2.''' Damage to Tenant Owned Improvements, Fixtures and Personalty:$______________<br /> <br /> :::'''3.''' Leasehold Interest: $______________<br /> <br /> :::'''4.''' Total Just Compensation Due Tenant Owner: $______________<br /> <br /> :'''10. Uneconomic Remnant'''<br /> <br /> :See [[#Uneconomic Remnant|EPG 236.6.3.1.17]] for instructions on Uneconomic Remnant.<br /> :Area ________________________ @ $__________________ = $_____________<br /> <br /> :'''11. Salvage Value'''<br /> <br /> :See [[#Salvage Value|EPG 236.6.3.1.18]] for instructions on Salvage Value.<br /> <br /> ::Improvement ______________________ Salvage Value $______________<br /> <br /> ::Improvement ______________________ Salvage Value $______________<br /> <br /> ::Total Salvage Value $______________<br /> <br /> :'''Required Attachments'''<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Contingent and Limiting Conditions] (Form 236.6.3.1A)<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1B)<br /> :*Site Plan<br /> :*Photographs<br /> :*Floor Plans of Acquired Residential Units and Structures with Internal Walls <br /> :*Comparable Sales and Map<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR Form] (Form 236.6.3.4)<br /> <br /> :'''Optional Attachments:'''<br /> :*Cover letters<br /> :*Tables of Contents<br /> :*Appraiser Qualifications<br /> :*Engagement Letter or Notice to Proceed<br /> :*Legal Instructions, if any shall be retained in the appraiser’s work file and not attached to valuation reports.<br /> <br /> ===236.6.3.5 Instructions for Preparing Sale Forms===<br /> <br /> Appraisers shall incorporate within the appraisal reports adequate sales and other supporting data to relay the necessary comparative information, by attachment of the sale data sheets, [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Form 236.6.3.5.A] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Form 236.6.3.5.B].<br /> <br /> The purpose of the sale forms is to provide sufficiently detailed information about transactions and the properties involved to allow the appraiser to make comparisons and value judgments, and to allow a reader to follow the reasoning and validate the comparisons. The forms provide blanks to be completed with information that tends to be common to all sales, but seldom are the completed blanks sufficient to furnish all information that should be included. Judgment from the appraiser is required even in this. Those significant characteristics of the sale property, and important details of the transactions should be included whether or not a specific blank is provided for the information.<br /> <br /> Use of sales that have improvements located on them as vacant land sales, when it has been confirmed that those improvements did not contribute to value, is acceptable provided that during the course of time that the sale is being relied upon, those improvements have not been rehabilitated for renewed use. Once it becomes apparent that an improvement, formerly concluded to have no contributory value, has been put back into productive use, a sale written to the contrary has lost much of its credibility and is not to be used as a comparable for land valuation.<br /> <br /> The [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1.B) indicates that an appraiser has inspected all sales considered in the valuation process; therefore, subsequent inspections by other appraisers need not be identified on the forms. It is recommended that for future court testimony, that each appraiser makes a personal record of the sale inspections in regard to each property appraised.<br /> <br /> '''A. Nonresidential Sale Form (Form 236.6.3.5.A)'''<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Sale Form 236.6.3.5A] is for reporting sales of all vacant or improved properties other than improved single-family residential properties, or where residential improvements do not represent the highest and best use.<br /> <br /> :'''Completion Of The Sale Form Entries'''<br /> <br /> :'''Selling Price:''' This entry should reflect the total selling price of the property, including land and all improvements, if any. If the price was confirmed in another manner or if other information about the sale price was revealed, a full explanation should be included elsewhere on the form.<br /> <br /> :'''Unit Price:''' Indicate the entire selling price including all land and/or land and improvements, divided by the site area, gross living area above ground level (for residential improvements), or gross building area of the main improvement, or explain if the amount was calculated in another method.<br /> <br /> :On the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Nonresidential Sale Form 236.6.3.5.A], indicate whether the price was confirmed as a price per unit or a total price.<br /> <br /> :'''Type of Transaction:''' Entries in this field should describe the relationship of the buyer and seller. Any entry other than &quot;Open Market&quot; must be fully explained.<br /> <br /> :'''Financing:''' If financed by a lender with a conventional loan, the word Conventional will satisfy this requirement. If seller-financed or if there is concessional financing of any kind, the rate and terms should be included. If other than Conventional, the form must report the type of instrument and terms known, and show calculations for the cash equivalent sale price, with indicated adjustment shown in the Financing Concession field of the Property Description Section.<br /> <br /> :Cash Equivalency must be calculated and used in direct comparison with subjects. Situations that may require cash equivalency adjustments include: mortgage assumptions at favorable rates, mortgage buy-downs, installment sale contracts, wraparound loans, points paid by seller, seller-financed loans, etc.<br /> <br /> :'''Site Dimensions:''' In regularly shaped parcels, the dimensions can be expressed as &quot;width X depth&quot;. When appropriate, the average width by the average depth is acceptable. A line drawing of the perimeter of the property may be necessary to fully communicate an understanding of the property layout.<br /> <br /> :*Site Area:<br /> :*Building Area:<br /> <br /> :'''Zoning:''' The code and category of zoning as of the date of sale should be stated (for example, C-2 Commercial District). If the property is nonconforming with the zoning, this should be explained in the text of the sale form. If closing of the sale was contingent upon a different zoning being granted, this entry should reflect the contingent zoning and the body of the sale should include an explanation of the circumstances surrounding the zoning change. Special zoning provisions or restrictions should be noted, such as minimum lot size or number of developed units allowed.<br /> <br /> :'''Zoning Compliance:''' Either state yes, or explain noncompliance.<br /> <br /> :'''Highest and Best Use:''' The following standardized entries should be used: Single-family Residential; Multi-family Residential; Commercial; Industrial or Agricultural. Standardization of broad categories of use under these headings facilitates data base entry and search functions. Frequently additional explanation of highest and best use in the text of the sale will be warranted.<br /> <br /> :'''Utilities In Use (At Time Of Sale):''' State what utilities are on site. &quot;All available&quot; or &quot;All in place&quot; are not acceptable entries. The use of initials, W, E, G, S as abbreviations for publicly provided water, electricity, natural gas, and sanitary sewer is suggested. Use of Deep Well, Shallow Well, and Septic is suggested for privately provided utilities that are in use on the property.<br /> <br /> :'''Utilities Available (At Time Of Sale):''' If a utility is not on the property but is close, or is available but not connected, state what is actually on the property as of the date of sale and explain in the depth that the circumstances demand.<br /> <br /> :'''Access (At Time of Sale):''' Report legal and physical points of access and entrances. Legal access represents a deeded or permitted access point to a property. Physical access merely reflects the presence of existing entrances, which may or may not be legal.<br /> <br /> :'''Identification of the Realty:''' Location information should be adequate to assist the reader in driving to the property<br /> <br /> :The real estate involved in the sale can be identified by an abbreviated property description, address, map reference, copy of a survey or map, property sketch and/or photographs or the like. Lengthy property descriptions should not be reiterated within the sale form, but rather copies of the title report or last deed of record should be reviewed by the appraiser and retained in the appraiser’s work file and or district sales data files.<br /> <br /> :A property description does not need to repeat the actual description on the deed, but must provide enough data to allow the reader to regenerate the perimeter of the property. If subdivision land, provide a cut or tracing of the subdivision plat or a drawing to allow subsequent users of the form to locate the lot.<br /> <br /> :Inclusion of a copy of the transfer document (e.g., deed, contract) in the report is neither required nor desirable, unless there is something in the document that is unusual or particularly revealing.<br /> <br /> :'''Sale Verification:''' All comparable sales used shall be confirmed by the buyer, seller, broker or other person having knowledge of the price, terms, and conditions of sale. This form and its contents may be used by various appraisers, without further verification subsequent to its original verification, providing the appraiser using the form also inspects the sale premises. Subsequent users of the sale assume responsibility for the correctness of information presented on the Sale Form. Telephone numbers of verifying parties are very desirable. Signature of verifying appraiser is not required. If confidential data is included with a sale confirmation, that sale information must be handled in a manner that the confidentiality is not violated.<br /> <br /> :In this section of the sale forms, include name of verifying appraiser and confirming party, company (if Realtor, lender, etc.) and position in company (broker, loan officer, agent etc.) If confirmation is by other than the buyer, seller, lender or real estate agent, identify relationship to the transaction. Values reported as a public record (example: Certification of Value in Metropolitan St. Louis and Jackson County) and MLS information are not acceptable without further verification.<br /> <br /> :It is the intention of this requirement that enough information be provided that the verification can be repeated for purposes of court testimony or review. For trial purposes, a party to the transaction could be interpreted differently. In this case, consult with legal staff for specific requirements. Any person testifying about the facts of the sale may be required to personally verify those facts.<br /> <br /> :'''Map Number:''' Map identification numbers in common local use may be entered as appropriate.<br /> <br /> :'''Property Description:''' On the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Nonresidential Sale Form] (Form 236.6.3.5.A) indicate by subparagraphs description of land, description and type of improvements, if any, and any other data pertinent to analysis. Attach additional sheets if necessary.<br /> <br /> :Physical characteristics should be adequately explained to make comparison with those characteristics of subject properties being appraised. For analysis and valuation of properties subject to partial acquisitions, it is particularly important to note unusual features in sales, like building setback, frontage, depth, shape, access, entrances, etc.<br /> <br /> '''B. Residential Sale Form (Form 236.6.3.5.B)'''<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Sale Form 236.6.3.5.B] is used for reporting sales of improved single- family residential property, and the entry fields correspond with the URAR form as much as possible. For the standard entries see Paragraph A, above.<br /> <br /> :'''Property Description:''' On the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Residential Sale Form] (Form 236.6.3.5.B), the physical items of this section of the form are arranged in the same order as the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR] (Form 236.6.3.4). Physical characteristics should be adequately explained to make comparison with those characteristics of subject properties being appraised.<br /> <br /> :'''Quality of Location:''' This entry should reflect the quality of location in factual terms. (Typical street, Dead-end road, Gravel road, Corner, etc.) Subjective terms (good, poor) might be used in addition to the factual data.<br /> <br /> :'''Site/View:''' The appraiser should indicate such site factors as size, shape, topography, drainage, encroachments, easements, view, landscaping, driveway, flood hazard, or any detrimental or unusually positive site conditions. For analysis and valuation of properties subject to partial acquisitions, it is particularly important to note unusual features in sales, like building setback, frontage, depth, shape, access and entrances.<br /> <br /> :'''Design (Style):''' Indicate the style of construction (ranch, bungalow, etc.). Also indicate such aspects as appeal of exterior design, interior attractiveness, special features, and any other characteristics that would make the property attractive or unattractive to purchasers and otherwise enhance or detract from its overall marketability. During the confirmation the appraiser should attempt to ascertain the above items.<br /> <br /> :'''Quality of Construction:''' An overall quality rating should consider the quality of materials and workmanship used in all components of the building.<br /> <br /> :'''Age:''' Indicate the estimated or actual age of the dwelling, at the time of sale. If a dwelling has been substantially modernized or upgraded, the effective age may also be indicated. Effective age estimation will require a comment describing the basis for assignment and the degree of modernization.<br /> <br /> :'''Condition:''' Indicate &quot;good&quot;, &quot;average&quot;, &quot;fair&quot; or &quot;poor&quot;. For purposes of comparison with subjects, items of curable and incurable deterioration are the sensitive elements in this consideration.<br /> <br /> :'''Basement/Finish:''' The appraiser should report basement improvements such as finished rooms and recreation rooms found in the sale. If there is no basement or only a partial basement, this should be indicated.<br /> <br /> :'''Functional Utility:''' This entry relates to the efficiency of a building's use and reflects such factors as layout, room size, and general livability. Trends in single-family home construction sometimes determine whether residences have such items as porches, balconies, fireplaces, separate dining rooms, large kitchens, entry halls, and family rooms. Standards for dwellings also vary widely with regard to income level of prospective tenants and location. When judging the functional utility of residential buildings, the appraiser should attempt to interpret the reaction of typical purchasers in the specific market area.<br /> <br /> ::'''Heating / Cooling:'''<br /> <br /> ::'''Energy Efficient Items:'''<br /> <br /> ::'''Garage / Carport:'''<br /> <br /> ::'''Porch / Patio / Deck:'''<br /> <br /> ::'''Other - kitchen equipment and remodeling:''' All kitchen equipment must be itemized.<br /> <br /> '''C. Comparable Lease Form (Form 236.6.3.5.C)'''<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Form 236.6.3.5. C] is provided for the reporting of comparable leases.<br /> <br /> '''D. Optional Sale Forms From Fee Appraisers'''<br /> <br /> To accommodate the efficient use of various fee appraisers’ sale databases, sale write-ups of other formats can be accepted. It is up to the assistant right of way manager – certified or other reviewer to accept, reject or request supplemental information regarding other sale forms.<br /> <br /> ===236.6.3.6 Access Rights Valuation===<br /> <br /> Appraisals of access rights will be made in conformity with the appropriate state laws, regulations and policies and procedures for acquisition and disposal of property. Refer to [[236.5 Property Management#236.5.28.3 Compensation for Changes in Access|EPG 236.5.28.3 Compensation for Changes in Access]]. [https://www.sos.mo.gov/pubs/constitution Article IV, Section 29] of the Missouri Constitution gives the Commission authority to limit access to, from, and across state highways where the public interest and safety may require.<br /> <br /> Article IV, Section 29 (Highways and Transportation) of the Missouri Constitution states: <br /> <br /> “The highways and transportation commission shall have authority over all state transportation programs and facilities as provided by law, including, but not limited to, bridges, highways, aviation, railroads, mass transportation, ports, and waterborne commerce, and shall have authority to limit access to, from and across state highways where the public interest and safety may require.”<br /> <br /> The Scope of Assignment will identify the anticipated minimum requirements for the appraisal format to be prepared, based on the anticipated value or complexity of the access rights to be valued.<br /> <br /> ===236.6.3.7 Realty Asset Valuation===<br /> <br /> Estimates and appraisals of realty assets will be made in conformity with the appropriate state laws, regulations and policies and procedures for acquisition and disposal of property set out in this chapter. The assistant right of way manager - certified will instruct the staff or fee appraiser on the minimum valuation documentation, based on the complexity of the appraisal problem and the anticipated value of the realty asset to be valued. See [[236.5 Property Management#236.5.9 Uneconomic Remnants|EPG 236.5.9 Uneconomic Remnants]] (in EPG 236.5 Property Management) for additional information on disposal of Realty Assets.<br /> <br /> Assistant right of way manager - certified or individual designated by the district right of way manager shall merely examine the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20for%20Realty%20Asset%20Inventory%20Form%206.3.7.A.dotx Realty Asset Inventory Estimate] (Form 236.6.3.7A) without need for co-signature. Assistant right of way manager – certified or individual designated by the district right of way manager is required to cosign the Realty Asset Estimate Less Than $25,000 (Form 236.6.3.7B) or substitute Value Statement Memorandum, with supporting documentation. [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Review and Approval of Just Compensation] (Form 236.6.4.3) accommodates the review and approval of the Realty Asset Appraisal (Form 236.6.3.7C).<br /> <br /> It is intended that realty asset parcels, or the potential to add value to abutters’ property, be valued to reflect their full potential as if marketed by any knowledgeable seller.<br /> <br /> '''Identification Of Asset Parcels:''' Parcel identification numbers will be established in the Realty Asset Inventory. The job number inserted is the job on which the land was originally acquired.<br /> <br /> '''Authority To Appraise Assets:''' An appraisal assignment to value a realty asset shall be authorized by the district right of way manager after a recommendation to sell has been made by the Asset Management Committee.<br /> <br /> An appraisal assignment to value a Capital Improvement property must be authorized by a letter from General Services Facilities Management, Central Office.<br /> <br /> '''Valuation Assumptions:''' All realty assets must be valued with the following assumptions<br /> <br /> *Highway Commission has full fee interest<br /> *Parcel can be developed or marketed for its highest and best use<br /> *Parcel will be marketed to a party expected to pay the full-appraised amount.<br /> <br /> '''Ownership Interest:''' The ownership interest of the Commission will be reported by a realty asset legal opinion memo. It is not necessary to have a final determination of ownership interest before completing the appraisal assignment.<br /> <br /> '''Valuation Documents:''' All proposed sales of realty assets require a valuation document by Form 236.6.3.7B or Form 236.6.3.7C. However, you may substitute Form 236.6.3.7B with a value statement on an Inter-Office Memorandum for parcels valued at less than $25,000. Support for the value must be included in the Inter-Office Memorandum. Adequate information must also be included to clearly demonstrate that assemblage parcels were valued using the appropriate &quot;Across-the-Fence&quot; valuation method. Realty assets are placed on the Realty Asset Inventory at the value indicated on [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20for%20Realty%20Asset%20Inventory%20Form%206.3.7.A.dotx Realty Asset Inventory Estimate] (Form 236.6.3.7A). Non-cash and other trades of realty assets require a valuation document for each component of the trade.<br /> <br /> '''Stand-Alone or Assemblage Determination:''' Parcels that are not easily distinguished between stand-alone or assemblage-use, require detailed analysis and explanation of zoning, setback, access and any issue that influences the conclusion.<br /> <br /> '''Realty Asset Valuation Instructions:''' District right of way shall authorize appropriate personnel to prepare the following valuations.<br /> <br /> :'''A. Valuation by Realty Asset Inventory Estimate'''<br /> <br /> :The valuation for purposes of placing the parcel in the Realty Asset Inventory is to be documented on the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20for%20Realty%20Asset%20Inventory%20Form%206.3.7.A.dotx Realty Asset Inventory Estimate] (Form 236.6.3.7A). This form is designed to serve as a valuation tool for use when a recently identified or recently acquired parcel is being placed on the Realty Asset Inventory. An interested party is not identified, and marketing is not pending. If disposal is pending, use a realty asset estimate or appraisal form, Forms 236.6.3.7B (or substitute Value Statement Memorandum) or 236.6.3.7C, which will then also serve for the inventory estimate.<br /> <br /> :Preparers are expected to be one that might be assigned to prepare a cost estimate, Scope of Assignment, payment estimate, etc. This will serve as the inventory value estimate for all properties, regardless of value or complexity.<br /> <br /> :The assistant right of way manager - certified or designee shall determine the amount of documentation and exhibits necessary to support the inventory value, based on the complexity and value level. Use the minimum investment in time and documentation to establish a reasonable inventory value estimate.<br /> <br /> :'''B. Valuation by Realty Asset Estimate Less Than $25,000'''<br /> <br /> :Realty assets, with value less than approximately $25,000 will be documented by a Realty Asset Estimate Less than $25,000 (Form 236.6.3.7B) or substitute Value Statement Memorandum with supporting documentation. This form or memorandum is to serve as a valuation tool for disposal values when an interested party is identified or marketing is promoted internally. It will serve as the final valuation document for non-complex/low-value parcels up to a conclusion of $25,000. The document provides an adequate level of documentation in this value range only if the realty asset and its valuation is very simple.<br /> <br /> :Although valuations less than $25,000 may result in transfers to certain adjoining owners and others for a nominal consideration, completion of this form or substitute Value Statement Memorandum is the minimum reporting required for every disposal, with the following exception: if the Commission is conveying the property interest to the original owner for a $1 consideration AND the original owner is still the abutting land owner AND the property interest was originally donated to the Commission, an appraisal or valuation estimate is not required.<br /> <br /> :The preparer is expected to be one that might be assigned to prepare a cost estimate, payment estimate, or other noncomplex valuation.<br /> <br /> :'''Realty assets valuations dependent on consideration of use, zoning, access, utilities, etc. shall not be accomplished on this format.'''<br /> <br /> :'''C. Valuation by Realty Asset Appraisal'''<br /> <br /> :A Realty Asset Appraisal (Form 236.6.3.7C) will document realty asset values greater than approximately $25,000, or complex situations that result in values less than $25,000. This form is designed to serve as a valuation tool for disposal values when an interested party is identified or marketing is promoted internally. The district right of way manager or assistant right of way manager – certified will establish the minimum reporting criteria.<br /> <br /> ::'''1.''' Assignment criteria:<br /> <br /> ::*Low value &amp; simple assemblage or stand-alone. One sale, statement of highest and best use, value conclusion. (The content and reporting level of a Payment Estimate)<br /> ::*Medium value &amp; simple assemblage or stand-alone. More than one sale, explanation of highest and best use, comparison to comparables, value conclusion. ((The content and reporting level of a Value Finding)<br /> ::*High value, complex assemblage or stand-alone. Three land comparables, building valuation (assign applicable approaches), analysis of highest and best use, and direct comparison to sales, reconciliation and value conclusion. (The content and reporting level of a Standard Format)<br /> <br /> ::'''2.''' Stand Alone Parcels<br /> <br /> ::Parcels that are large enough and have physical characteristics that allow them to be developed to a freestanding use will be valued like any appraisal assignment if the anticipated value is greater than $25,000. The highest and best use will be determined, appropriate sales will be discovered and compared, and a value conclusion established.<br /> <br /> ::'''3.''' Assemblage Parcels<br /> <br /> ::The value sought is use value of a limited market property. Use value is value for assemblage, and reflects the highest and best use of the property(s) to which it might be assembled. The subject is considered a limited market property because of the small field of potential purchasers.<br /> <br /> ::The potential purchasers may consist of only one adjoining owner, whose use for the subject tract is typically only for assemblage purposes. Under these conditions the subject may take on the value characteristics of the overall tract to which it is to be assembled, or may contribute at a greater or lesser value than the overall unit value of the tract to which it is to be assembled. Such a value indication is typically unaffected by influences such as size, shape and limited access.<br /> <br /> ::If the ultimate assemblage changes the use potential of the requestor’s original property, the valuation should reflect the newly changed use.<br /> <br /> ::If the highest and best use is determined to be only as assemblage to adjoining property, the Highest and Best Use Analysis should address the use of the adjoining land and the comparable sales should be similar in use potential and other characteristics to the adjoining property. Under this circumstance, the realty asset parcel may take on the value characteristics of the larger parcel, and the question to be answered by the appraiser's analysis is whether it contributes at the average unit value, greater than or less than the average unit value of that larger parcel. The utility of the realty asset parcel should be judged as it contributes to the tract with which it would most likely be assembled.<br /> <br /> ::When the use is determined to be for assemblage, the size, shape, location, utility access, and in some cases, the physical characteristics (slope, grade, elevation, drainage, etc.) of the realty asset parcel are only important in relation to their contribution to the newly assembled property.<br /> <br /> ::Adjustment should not attempt to reflect an assemblage or &quot;one buyer&quot; effect on value.<br /> <br /> ===236.6.3.8 Maintenance Lot and Capital Improvement Valuation===<br /> <br /> Assignments to value future capital improvements will be authorized by the General Services Division, Facilities Management. <br /> <br /> The district right of way manager or assistant right of way manager - certified will determine the complexity of the appraisal problem and recommend either the [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|Standard Appraisal Format]] or the [[236.6 Appraisal and Appraisal Review#236.6.3.2 Value Finding Appraisal Format|Value Finding Appraisal Format]]. A [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Scope of Assignment] is not required but may be advisable on complex situations or with a fee appraiser assignment.<br /> <br /> Facilities Management will assign a project number, that should appear on the appraisal and all significant correspondence.<br /> <br /> When the acquisition represents the entire ownership, no special instructions apply.<br /> <br /> When the acquisition is only part of an ownership, the highest and best use analysis should be of the part being acquired.<br /> <br /> Appraisals will be prepared and reviewed consistent with property appraisal practice set out in this chapter. Complexity of the acquisition will determine the format and level of reporting required.<br /> <br /> A copy of the approved appraisal shall be sent to General Services Division, Facilities Management for final approval and funding, after which, Facilities Management will notify district right of way to proceed with negotiation to acquire the site. Any settlement above the approved appraisal amount shall be communicated to General Services Division, Facilities Management prior to finalizing the acquisition.<br /> <br /> ===236.6.3.9 Other Agency Valuations===<br /> <br /> The Department of the Interior, the Missouri Department of Natural Resources, and some other agencies adhere to the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA) while the Missouri Department of Transportation (MoDOT) instructions, approved by the Federal Highway Administration (FHWA), use the UASFLA as a guide. The Scope of Assignment preparer or the appraiser will need to determine the other agency’s requirements.<br /> <br /> The following instructions outline the items different from, or in excess of the MoDOT's instructions, which are required when doing appraisals for these or other agencies. This is only a general outline. Consult the Right of Way Section for current and complete instructions and requirements. Appraisals will be reviewed in the typical process using the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation Form (6.4.3)].<br /> <br /> See the [http://www.fhwa.dot.gov/modiv/index.htm FHWA Web site] for current requirements and guidance.<br /> <br /> ===236.6.3.10 Airport Valuation===<br /> <br /> Appraisals for airport projects and contracting to perform such services are under the specific guidelines of the [https://www.faa.gov/documentLibrary/media/Order/environmental_5100_37b.pdf Land Acquisition and Relocation Assistance For Airport Projects].<br /> <br /> These instructions are addressed to those staff and fee appraisers preparing and reviewing appraisals of partial and total acquisitions for airport development and expansion. Since the this article was primarily developed for acquisition of rights of way for highway projects, the terminology relates to highways. The same general appraisal principles apply to appraisals for airport projects, with the exceptions summarized here. The specific appraisal requirements are addressed in [https://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.current/documentNumber/150_5100-17 Circulars/150/5100-17 Chapter 2].<br /> <br /> :'''A. Formats Used'''<br /> <br /> :All Missouri Department of Transportation (MoDOT) valuation formats including [[236.6 Appraisal and Appraisal Review#236.6.3.3 Waiver Valuation|Waiver Valuation]] may be used in valuation for airport acquisition. The same measures of complexity as discussed in [[236.6 Appraisal and Appraisal Review#236.6.2.1 Scope of Assignment|EPG 236.6.2.1 Scope of Assignment]] will be applied to determine the appraisal format used. An official of the airport acquiring agency will have determined the complexity of appraisal problems prior to contracting, or assigning an appraisal and will indicate in the contract, or instructions, what formats are to be applied to the individual tract appraisals.<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 6.3.1A) and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 6.3.1B) may be used in valuation for airport acquisition.<br /> <br /> :'''B. Summary of Additional Airport Appraisal Requirements'''<br /> <br /> :The appraiser or waiver valuation preparer must be familiar with the additional valuation requirements specific to airport acquisition, which include but are not limited to:<br /> <br /> :*The property owner shall be invited to accompany the appraiser or Waiver Valuation preparer.<br /> :*There is no provision for separation of function for the same individual to prepare a Waiver Valuation and negotiation to acquire the property.<br /> :*There are non-compensable land costs that may be allowable for compensation under state law, that are non-compensable in acquisition for airports.<br /> :*There are specific instructions in the appraisal of avigation easements and noise avigation easements.<br /> <br /> :'''C. Right of Way Section Involvement in Scope of Assignment, Administrative Review and Administrative Settlement Review'''<br /> <br /> :To assure quality appraisals, waiver valuations and appraisal reviews, the Right of Way Section will support the Administrator of Aviation, Multimodal Operations Division with scope of assignment considerations and administrative review. When the airport sponsor has obtained a valuation and appraisal review for airport acquisition, it shall be delivered to the Administrator of Aviation and routed to the Right of Way Section for an administrative review. An administrative review is, at a minimum, a desk check of factual data and information presented in the valuation report, a determination that the report fulfills the requirements of this chapter, that the report addresses the special valuation considerations for valuation for airport purposes and provides a quality report with appropriate conclusions.<br /> <br /> ==236.6.4 Appraisal Review and Approval of Just Compensation==<br /> <br /> ===236.6.4.1 Purpose===<br /> <br /> Appraisal review is the act or process of developing and communicating an opinion about the quality of all or part of a completed work performed by another appraiser in a real property appraisal assignment. In performing an appraisal review assignment, an appraiser acting as a reviewer must develop and report a credible opinion as to the quality of another appraiser’s work and must clearly disclose the scope of work performed in the review assignment.<br /> <br /> The purpose of this article is to establish procedures and guidelines for the review of appraisal reports and approval of just compensation. The reviewer is responsible to assure that appraisal reports comply with instructions for preparing appraisals as set out in this manual, which incorporates requirements of Federal Highway Administration (FHWA), [https://www.fhwa.dot.gov/legsregs/directives/cfr23toc.htm 23 CFR] and [https://ecfr.io/Title-49/ 49 CFR], and [[#USPAP|USPAP]], and that they conform to [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment] requirements and recommendations.<br /> <br /> Occasionally reports are to be written and reviewed in conformance to other standards such as Uniform Appraisal Standards for Federal Land Acquisition (UASFLA) or [https://www.faa.gov/documentLibrary/media/Order/environmental_5100_37b.pdf Land Acquisition and Relocation Assistance for Airport Projects] and policies/advisory [https://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.current/documentNumber/150_5100-17 Circulars/150/5100-17 Chapter 2]. In these instances the reviewer is responsible to obtain the appropriate documents and follow their requirements in the review process.<br /> <br /> ===236.6.4.2 Assignment of Appraisal Review===<br /> <br /> Assistant right of way manager certified is the typical resource for review and approval of just compensation. District right of way managers and field liaison officers who are certified may also review and approve just compensation. A district right of way manager may designate any staff certified appraiser to review and approve just compensation.<br /> <br /> Commissioner and employee-owned property appraisals must be reviewed and approved by Right of Way Section personnel and by the FHWA (See [[236.3 Administration#236.3.4.9 Acquisition of Property from an Employee or a Commissioner of MHTC|EPG 236.3.4.9 Acquisition of Property from an Employee or a Commissioner of MHTC]]).<br /> <br /> ===236.6.4.3 Review and Approval of Appraisal Reports and Waiver Valuations===<br /> <br /> Review and approval of appraisals will be accomplished on a [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation] document (Form 236.6.4.3). Waiver Valuations will be co-signed by the individual inspecting the document.<br /> <br /> The reviewer is responsible to assure compliance with the Scope of Assignment and contract/agreement requirements. The review will verify that all appraisals are complete and correct regarding format utilized, design plans, mathematics, and Appraisal Formats and Instructions for Preparing Appraisal Reports, (See [[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions |EPG 236.6.3 Valuation Formats and Instructions]]). Appraisals must also be examined to determine consistency with other appraisals on the project, must utilize the proper number of appropriate sales, and contain appropriate exhibits.<br /> <br /> The amount of just compensation as established by the reviewer shall be subject to the approval of the Asst. to the State Design Engineer - Right of Way or the district engineer, as appropriate. In addition to above, the reviewer has the following responsibilities:<br /> <br /> :'''A.''' Field inspect each appraised parcel as well as each comparable sale used by the appraiser during the valuation process, when the acquisition and appraisal is of a complicated nature as to require an examination in the field to fully understand the appraisal problem.<br /> <br /> :On limited occasions a desk review of appraisals may be permissible. The reviewer must disclose on Form 236.6.4.3 if only a desk review is done.<br /> <br /> :'''B.''' Examine each appraisal report to determine that it:<br /> <br /> ::'''1.''' Is compiled in accordance with the Department's appraisal specifications, (See [[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions |EPG 236.6.3]], or other manuals that may apply. (Example: Federal Aviation Administration or Uniform Appraisal Standards for Federal Land Acquisition. See [[236.6 Appraisal and Appraisal Review#236.6.3.9 Other Agency Valuations|EPG 236.6.3.9]] and [[236.6 Appraisal and Appraisal Review#236.6.3.10 Airport Valuation|EPG 236.6.3.10]])<br /> <br /> ::'''2.''' Is compiled in accordance with accepted appraisal principles and techniques with regard to valuation of real property.<br /> <br /> ::'''3.''' Contains or makes reference to information necessary to explain, substantiate, and thereby document conclusions, estimates of value, or just compensation.<br /> <br /> ::'''4.''' Offers evidence to support adjustments of comparable sales and depreciation rates, when applicable, or as may be specified within the [[236.6 Appraisal and Appraisal Review#236.6.2 Scope of Assignment|Scope of Assignment]].<br /> <br /> ::'''5.''' Addresses all compensable items, damages, and special benefits, if any, and does not include compensation for items noncompensable under Missouri law.<br /> <br /> :'''C.''' When reviewing multiple appraisals on the same project or in the same area, be attentive to inconsistencies in analyses and conclusions which result in widely varying estimates of just compensation for similar acquisitions and/or damages, including unit values, percentage rates for easements, etc.<br /> <br /> :'''D.''' Request and obtain corrections, revisions, additions and/or clarifications to appraisal reports which do not substantially meet requirements set forth in [[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions|EPG 236.6.3 Valuation Formats and Instructions]]. Such corrections or revisions shall be attached to and become part of the appraisal report. Requests of an uncomplicated nature may be addressed directly to a staff or fee appraiser. Requests of a complex nature will be made in writing.<br /> <br /> :'''E.''' Complete all applicable portions of [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Form 236.6.4.3], allocating compensation between appropriate elements and parties, date and sign the document, thereby establishing and/or approving an amount, in dollars, which in the opinion of the reviewer represents the estimate of value or just compensation.<br /> <br /> :Such opinion will be supported by approval of the appraisal as submitted or as revised to include corrections, revisions, additions and/or clarifications requested and made part of the appraisal report. If reviewer approves a different value, support may come from data furnished in the appraisal report or be developed by the reviewer.<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Approval of Just Compensation] (Form 236.6.4.3) may be subject to the future receipt of additions and clarification, which will be attached and made part of the appraisal report when received. Completion of the form should indicate what corrections; revisions additions and/or clarifications are being requested.<br /> <br /> :'''F.''' If the reviewer is unable to achieve resolution of the errors or deficiencies found in an appraisal report, the district right of way manager may authorize an additional appraisal of the parcel in question.<br /> <br /> :'''G.''' If a Right of Way Section reviewer performs the review, they shall provide the district one fully executed copy of Form 236.6.4.3.<br /> <br /> :'''H.''' Add addenda to previously submitted reports, maintain a log of appraisal and review activity, and answer correspondence.<br /> <br /> :'''I.''' Submit one copy of [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Forms 236.6.4.3] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Adjustment%20of%20Value%20or%20Just%20Compensation%20Form%206.4.4.docx 236.6.4.4] to Right of Way Section. Copies of appraisals are not submitted to Right of Way Section.<br /> <br /> ===236.6.4.4 Adjustment of Value or Just Compensation===<br /> <br /> In some instances it is necessary to effect changes in previously approved values or just compensation. Occasionally, such revisions are so insignificant it isn't justified to assign an appraiser to realign previously approved appraisals with current conditions. Under such circumstances, the reviewer may adjust the approved offer for needed revisions by completing [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Adjustment%20of%20Value%20or%20Just%20Compensation%20Form%206.4.4.docx Adjustment of Value or Just Compensation] (Form 236.6.4.4) and forwarding one copy to the Right of Way Section.<br /> <br /> It is the intention of this document to provide means of correcting minor differences between previously approved amounts and prevailing conditions. Any revisions proposed by the use of Form 236.6.4.4 shall be of such nature that justification or support therefore may be abstracted from a previously approved appraisal reports. If there is any impact on highest and best use or any other appraisal consideration, the problem should not be handled by a Form 236.6.4.4.<br /> <br /> Assistant right of way manager - certified or individuals familiar with the project and appraisals may be designated by the district right of way manager to prepare and sign the Form 236.6.4.4, providing adequate explanation and support for the necessary adjustment.<br /> <br /> ===236.6.4.5 Review of Specialty Appraisal Reports for Equipment or Specialty Items===<br /> <br /> :'''A.''' The review of separate valuations of machinery, equipment, trade fixtures, or other specialty items, carries the following responsibilities:<br /> <br /> ::'''1.''' Field inspect appraised items and then examine each appraisal report to determine that it contains:<br /> :::*statement of purpose of report.<br /> :::*definition of value(s) reported, i.e., in-place value, salvage value, etc.<br /> :::*identification of property and its ownership of record.<br /> :::*statement of appropriate contingent and limiting conditions, if any.<br /> :::*identification of the value problem.<br /> :::*an estimate of values.<br /> :::*accepted principles and techniques for the valuation of the subject of the report.<br /> :::*consideration of compensable items and that report does not include compensation for noncompensable losses.<br /> :::*data and analysis to explain, substantiate, and thereby document estimate of values.<br /> :::*date of inspection and effective date of value. <br /> :::*route, county, project number, job number, parcel number, certification, signature and date of signature of Specialty Appraiser.<br /> :::*photographs and any other necessary descriptive material.<br /> <br /> ::'''2.''' Request and obtain corrections or revisions of specialty appraisal reports which do not substantially meet above criteria.<br /> <br /> ==236.6.5 Contracting with Fee Appraisers==<br /> <br /> ===236.6.5.1 Qualifications for Realty Appraisers===<br /> <br /> Real estate appraisers employed under contract by the Missouri Department of Transportation (MoDOT) shall be State certified and in good standing with the Missouri Real Estate Appraisers Commission, must enjoy a good professional reputation, and must be able to provide acceptable evidence of specific appraisal experience in the type of property that is to be appraised of adequate complexity to demonstrate the applicant’s level of competency and ability to perform.<br /> <br /> ===236.6.5.2 Qualifications for Specialty Appraisers===<br /> <br /> From time to time, it is necessary to contract for the services of individuals or companies who are well qualified to evaluate machinery, equipment, or other specialty items. Specialists performing services of this nature may be members of appraisal or engineering firms whose principal occupation is the appraisal of specialty items, contractors who are engaged in the installation of such items or equipment, suppliers, or dealers who are familiar with the valuation of given specialty items or equipment. All persons performing such services shall be fully qualified to offer an opinion of value in addition to being capable of submitting written information which is essential to explain, substantiate, and thereby document their opinions in accordance with accepted appraisal principles and techniques.<br /> <br /> ===236.6.5.3 Application for Employment as Contract Appraiser===<br /> <br /> All contract appraisers not previously approved by Right of Way Section who are desirous of contracting appraisal work must submit an [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Application%20for%20Employment%20Contract%20Appraiser%20Form%206.5.3.pdf Application for Employment] (Form 236.6.5.3) as a contract appraiser. District right of way shall perform an investigation to determine the qualifications and abilities of the applicant and the appraiser’s general reputation within the profession. All references shown on the application shall be contacted in person or by telephone. All applicants must be recommended by at least two references. After the investigation is completed and the district right of way manager is satisfied with the applicant's qualifications, the district shall transmit to Right of Way Section its recommendation together with one copy of the application, one copy each of two dissimilar appraisal reports, and such other exhibits considered pertinent to the approval process. The Right of Way Section will review the application material to determine the applicant's qualifications. The Right of Way Section will advise the district in writing, if an applicant is approved for<br /> <br /> :*all types of appraisal assignments<br /> :*limited appraisal assignments<br /> :*specialty appraisal work<br /> :*review appraisal work<br /> :*is rejected for lack of qualifications or other causes.<br /> <br /> '''Notice of Approval or Rejection of Application'''<br /> <br /> The Right of Way Section shall notify the appraiser of approval. The Asst. to the State Design Engineer - Right of Way, if necessary, shall send a rejection notice to the applicant. With notice of approval, the appraiser shall be advised how to access the MoDOT electronic manuals.<br /> &lt;div id=&quot;Duration of Approval of Fee Appraisers on the Roster of Approved Appraisers/Reviewers&quot;&gt;&lt;/div&gt;<br /> '''Duration of Approval of Fee Appraisers on the Roster of Approved Appraisers/Reviewers'''<br /> <br /> Duration of approval on the Roster of Fee Appraiser/Reviewers is three years. A renewal application will be sent to each appraiser/reviewer prior to their three-year expiration date as contained in MoDOT’s database. The renewal application will seek to determine the applicants desire to remain on the list and also to capture updated information including address, phone numbers, email addresses and areas of the state the applicant is interested in performing work. If you have any questions you can contact the Right of Way Section of MoDOT's Design Division.<br /> <br /> ===236.6.5.4 Roster of Approved Contract Appraisers===<br /> <br /> A [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Roster of Approved Contract Appraisers] shall be maintained by the Right of Way Section in an electronic database, listing all approved contract appraisers, and indicating the types of appraisal assignments for which each appraiser is approved.<br /> <br /> Sample reports submitted by rejected applicants will be retained, at least those sections that contributed to the rejection.<br /> <br /> ===236.6.5.5 Employment of Contract Appraisers===<br /> <br /> All contracts for appraisal or appraisal review services shall comply with statutory, MoDOT and E-Verify requirements when applicable. Please refer to [[236.3 Administration#236.3.11 Contracting with MoDOT and E-Verify Requirements|EPG 236.3.11 Contracting with MoDOT and E-Verify Requirements]] for more information.<br /> <br /> District right of way is authorized to negotiate or seek proposals for fee appraisal services as needed. The availability of qualified contract appraisers varies by location time period and current economic circumstances. MoDOT policy provides for both the solicitation of [[#236.6.5.8 Competitive Proposals for Contract Realty Appraisals|competitive proposals]] and for [[236.6 Appraisal and Appraisal Review#236.6.5.9 Non-Competitive Proposals for Contract Realty Appraisals|non-competitive or negotiated contracting]] (see EPG 236.6.5.9). The availability of qualified appraisers and project time constraints may determine the bid process that will be followed.<br /> <br /> ===236.6.5.6 Selecting Prospective Contract Appraisers===<br /> <br /> District right of way may select currently approved appraisers from whom proposals are to be solicited. Every effort shall be made to select the most qualified appraisers available for the particular assignments. Consideration should be given to anticipated appraisal problems, experience, past performance, pending appraisal contracts, etc. The district shall contact by letter, telephone, or in person each of the selected appraisers to learn if they are interested in submitting proposals for the required work. All contacts by telephone or in person shall be documented in the district file to show party contacted, date of contact, a brief summary of the conversation and the conclusion of competitive or non-competitive contracting.<br /> <br /> ===236.6.5.7 Preparation of Proposals and Submission to Appraisers===<br /> <br /> The appraiser will be provided a copy of the Proposal for Appraisal Work (CCO RW 16), Appraisal Agreement (CCO RW 17), [[#236.6.2 Scope of Assignment |EPG 236.6.2 Scope of Assignment]] and project plans. (Forms RW16 and RW17 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]). The Scope of Assignment shall identify the required formats and approaches to value, before and after valuation if required, and any other requirements to communicate the scope of the assignment.<br /> <br /> The fee appraiser shall be provided with and advised to become familiar with:<br /> <br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions|Current format instructions]] (see EPG 236.6.3),<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 236.6.3.1.A),<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser Form] (Form 236.6.3.1.B),<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Summary%20of%20Tenant%20Interests%20Form%206.3.1C.pdf Tenant Summary] (Form 236.6.3.1.C),<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|Other Appraisal Considerations]] (EPG 236.6.3.1.D),<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.5 Instructions for Preparing Sale Forms |Instructions for Preparing Sale Forms]] (EPG 236.6.3.5).<br /> <br /> As appropriate, the appraiser shall also be provided with the following information.<br /> <br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.6 Access Rights Valuation|Valuation of Access Rights]] (EPG 236.6.3.6)<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.7 Realty Asset Valuation|Valuation of Realty Assets]] (EPG 236.6.3.7)<br /> :*[[#236.6.3.8 Maintenance Lot and Capital Improvement Valuation|Instructions for Preparing Appraisal for Maintenance Lot and Capital Improvement Acquisitions]] (EPG 236.6.3.8)<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.9 Other Agency Valuations|Instructions for Preparing Appraisal for Other Agencies]] (EPG 236.6.3.9)<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.10 Airport Valuation|Instructions for Preparing Airport Appraisals]] (EPG 236.6.3.10)<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.4 Appraisal Review and Approval of Just Compensation|Review and Approval of Appraisal Reports]] (EPG 236.6.4)<br /> <br /> Each prospective appraiser must be completely familiar with all aspects of proposed appraisal assignment. A member of the district right of way staff shall be available to accompany prospective appraisers during a field review of each parcel if requested, in order to acquaint them with project plans, rights to be appraised, and any unusual appraisal problems that may be encountered. It should also be clearly understood that the appraisers will or will not value items of equipment or machinery which are considered realty but offer minimal contributory value to the property. Should any parcel contain equipment or machinery, requiring the services of a specialty appraiser, the prospective real estate appraiser shall be advised that a copy of the specialty appraisal will be furnished for inclusion within the real estate appraisal report.<br /> <br /> In some instances, as provided by the contract, the appraiser shall furnish a contractor's estimate of cost to cure items, replacement costs of unusual structural improvements, sewer systems, etc. Contractors or specialists employed by the appraiser to perform such services must be approved in writing by the district engineer.<br /> <br /> '''NOTE:''' A contractor shall not be approved to perform identical services for two appraisers when both are appraising the same parcel.<br /> <br /> The appraiser shall be requested to submit proposal(s) setting forth fees for each individual parcel.<br /> <br /> ===236.6.5.8 Competitive Proposals for Contract Realty Appraisals===<br /> <br /> When the competitive proposal process for contracting realty appraisals is utilized, the district shall make a reasonable effort to secure proposals from those approved appraisers who have demonstrated expertise to accomplish the proposed appraisal assignments, by notification of a pending project requiring the services of fee appraisers.<br /> <br /> It should be noted that appraisal contracts are to be awarded to the lowest and best bid. The term &quot;lowest&quot; pertains strictly to the dollar amount of the proposal. The term &quot;best&quot; takes into consideration the issue of timeliness, or delivery date, the comparative level of experience of the bidders, and also the past records of individuals with respect to quality of work product and adherence to contractual requirements and deadlines. In other words, though important, mere submission of the lowest cost proposal will not, in and of itself, assure that bidder of being awarded a particular contract.<br /> <br /> Projects or sections thereof containing parcels that require only one appraisal shall be awarded to the lowest and best bid.<br /> <br /> Projects or sections thereof containing fee holds requiring two appraisals shall be awarded to the two bids that are considered lowest and best.<br /> <br /> :'''A. Proposals From Contract Appraisers'''<br /> <br /> :Proposal for Appraisal (CCO Form RW 16) (Form RW16 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) work shall be used by the appraisers for submission of their proposals. The district shall complete all portions of proposal except fees, date, and signature of appraiser. An envelope directed to district right of way shall be provided with a notation prominently displayed ''&quot;Proposed Appraisal Fees - Do Not Open.&quot;'' One copy of each proposal together with the envelope shall be given to each appraiser. Every appraiser should be admonished not to add or delete any terms or conditions or amend the proposal in any way. Altered or amended proposals will be rejected at the time of opening.<br /> <br /> :The district right of way manager may arrange with the prospective appraiser for electronic submissions of proposals directly to the district support services manager. Faxed submissions of proposals shall not be accepted because confidentiality cannot be maintained.<br /> <br /> :All proposals received at by district right of way shall be retained by the district support services manager until time of opening.<br /> <br /> :'''B. Opening Of Proposals, Checking Tabulations And Preparing Contract'''<br /> <br /> :District right of way personnel and/or the district administrative services supervisor shall open all proposals at the prescribed time. Personnel supervising the opening shall publicly announce to all in attendance the amounts recited in each proposal.<br /> <br /> :Right of way personnel shall subsequently check the tabulations for accuracy and then compare the results. If the total amount shown in the lowest and best proposal is acceptable, the district may prepare an appraisal contract in favor of the party submitting such proposal. Contracts must contain the same provisions as proposal. District right of way shall then submit to the district engineer three copies of appraisal contracts as executed by the selected bidders and one copy of proposal as received from each bidder. The District engineer shall review subject data and cause the contract to be approved or rejected.<br /> <br /> :If the lowest and best proposal is found unacceptable, the district has the option to proceed with the lowest and best bid or reject all proposals and re-solicit in an effort to secure more acceptable appraisal fees.<br /> <br /> ===236.6.5.9 Non-Competitive Proposals for Contract Realty Appraisals===<br /> <br /> The district shall select appraisers from the current roster of approved appraisers. Every effort shall be made to select the most qualified appraisers available for the particular job. Consideration should be given to anticipated appraisal problems, talents, skills possessed by the individual, appraiser's past performance, pending appraisal contracts, etc. District personnel shall contact the selected appraiser to determine their availability to complete the work within a specified time.<br /> <br /> All contacts shall be documented in the district file to show party contacted, date of contact, and brief summary of the conversation. Each prospective appraiser must be made completely familiar with all provisions of the appraisal contract, appropriate instructions for preparing appraisals, and any other requirements necessary for the completion of the appraisal assignment.<br /> &lt;div id=&quot;After the appraiser has been made aware&quot;&gt;&lt;/div&gt;<br /> After the appraiser has been made aware of all facts regarding the prospective appraisal assignment, the district shall request a proposal setting forth a fee for each parcel by preparing a Proposal for Appraisal Work (use Form CCO RW 16, which is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) for execution by the District Engineer. <br /> <br /> The proposal must be dated, signed, and submitted to district right of way.<br /> <br /> The district right of way manager or a designated representative shall review each proposal to determine if reasonable fees are being proposed. Should it be determined that the proposed fees appear excessive, the district right of way manager or designee shall negotiate with the appraiser in an effort to achieve acceptable fees. In the event negotiations fail to produce acceptable fees, the district has the option to negotiate with another appraiser or initiate the competitive bid process.<br /> <br /> When acceptable fees are reached, the district may prepare an appraisal contract in favor of contract appraiser for execution by the district engineer. The district engineer shall review subject data and cause contract to be approved or rejected. The contract must contain the same provisions as the proposal, such as, authorization to estimate contributory value to unaffected improvements, furnishing specialty appraisal for inclusion in realty appraisal report, etc.<br /> <br /> One copy of the fully executed appraisal contract shall be sent to the Right of Way Section and a copy retained in the district files. The third copy is to be given to the contract appraiser, together with a current set of highway plans and such other data necessary to fulfill the contract. At that time, the appraiser shall also be given a written notice to proceed, stipulating the date on which he/she may begin working on the project.<br /> <br /> ===236.6.5.10 Contracting Specialty Appraisals===<br /> <br /> Persons or firms offering such services may be so limited that competition is nonexistent. If, however, there is a competitive market, proposals shall be solicited in the same manner as defined for realty appraisals. When open competition does not exist, the district shall contact available specialty appraisers for the purpose of soliciting proposals for the appraisal of machinery, equipment, trade fixtures, or other specialty items.<br /> <br /> Being listed on MoDOT’s current Roster of Approved Appraisers is not required. Every effort shall be made to secure the most qualified person for the proposed assignment.<br /> <br /> District personnel shall be available to accompany the prospective appraiser in the field review of items to be appraised and to explain the specifications and requirements of the contract, completion time, etc. After being made fully aware of all requirements, the prospective appraiser shall submit to the district a statement setting forth a proposed fee for the specialty items of each parcel. District personnel shall review the proposal and if acceptable, prepare and submit to the appraiser a Specialty Appraisal Contract. The contract must contain the same provisions as the proposal that was submitted. Upon return of the executed contract from the appraiser, district right of way shall then submit to the district engineer three copies of the contract, as executed by the appraiser. The district engineer shall review subject data and cause the contract to be approved or rejected.<br /> <br /> ===236.6.5.11 Supplemental Appraisal Contracts===<br /> <br /> Subsequent to the submission and/or acceptance of fee appraisals, it sometimes becomes necessary, due to plan changes or time lapse, to request reappraisals or updates. If such services are required, they are to be secured in cooperation with the fee appraiser by processing a supplemental appraisal Supplemental Appraisal Agreement (CCO Contract RW 18). (Form RW is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> ===236.6.5.12 Distribution of Fully Executed Appraisal Contracts===<br /> <br /> One copy of the fully executed appraisal contract shall be sent to the Right of Way Section. One copy must be retained in the district file and the third copy is to be given to the contract appraiser together with a current set of highway plans and other data necessary to accomplish the contract. At that time the appraiser shall also be given a written notice to proceed, stipulating the date on which the appraiser may begin working on the project.<br /> <br /> ===236.6.5.13 Fee Appraiser Performance Evaluation===<br /> <br /> The fee appraiser is to be made aware that their overall performance will be carefully evaluated and that failure to perform at an acceptable level can result in their removal from MoDOT’s list of approved appraisers. The appraiser must be rated after completion of each contract on which shortcomings or problems arose in the contract experience. The object of this evaluation is to document less-than satisfactory performance, not continually attempt to rate consistent satisfactory performance.<br /> <br /> For the evaluation process to be meaningful all answers must accurately reflect the conclusions of the person completing the form, based on a thorough analysis of the fee appraiser's performance on that specific contract.<br /> <br /> Some questions may require more than a simple yes or no answer. If that is the case the comments should be written on a separate page and attached to the evaluation report.<br /> <br /> Properly used the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Fee%20Appraiser%20Performance%20Evaluation%20Form%206.5.13.pdf Fee Appraiser Performance Evaluation] (Form 6.5.13) can be of considerable value to MoDOT in effectively managing contract appraisal work. It is intended to serve as the documentary basis for the retention or dismissal of fee appraisers. If an appraiser is to be removed from the roster of approved appraisers based on poor performance they must be notified in writing by the Asst. to the State Design Engineer - Right of Way.<br /> <br /> The Fee Appraiser Performance Evaluation is strictly for MoDOT’s internal use and is not to be given to fee appraisers.<br /> <br /> :'''A. Distribution Of Evaluation Form:'''<br /> <br /> :Upon completion of the Fee Appraiser Performance Evaluation, it is to be signed by the reviewer or district right of way manager, and a copy provided to the Right of Way Section.<br /> <br /> :The evaluation form will be retained in the fee appraiser's permanent file in the Division office.<br /> <br /> :'''B. Notification To Fee Appraiser Of Unsatisfactory Performance'''<br /> <br /> :If it is concluded by both district and Division reviewers that the appraiser’s work falls below an acceptable level in terms of quality and/or timeliness, a letter signed by the Asst. to the State Design Engineer - Right of Way shall be mailed to the contract appraiser advising that performance was found to be unsatisfactory. A copy of this letter is to be maintained in the appraiser's permanent file at Right of Way Section.<br /> <br /> :Suggested language for this is: “Attached please find a Fee Appraiser Performance Evaluation that has been completed as a result of your appraisal contract and activity on _______________. This is your notice of unsatisfactory performance in the completion of that contract. This evaluation will be kept as part of your permanent file.”<br /> <br /> :'''C. Notification To Fee Appraiser Of Removal From Roster Of Approved Contract Appraisers'''<br /> <br /> ::'''1.''' Removal from Roster After Unsatisfactory Performance<br /> <br /> ::If, after receiving a letter notification of unsatisfactory performance, the appraiser’s work on a subsequent contract results in an evaluation with a recommendation of unsatisfactory performance or removal from the Roster of Approved Appraisers a letter signed by the Asst. to the State Design Engineer - Right of Way shall be mailed to the contract appraiser advising that they have been removed from the Roster of Approved Appraisers in accordance with MoDOT policy.<br /> <br /> ::'''2.''' Removal From Roster After First Contract<br /> <br /> ::Special circumstances may warrant a recommendation for the removal of an appraiser from the Roster of Approved Contract Appraisers as a result of the first evaluation. In such case the appraiser may be notified of removal without prior notification of unsatisfactory performance.<br /> <br /> ::'''3.''' Concurrence From Chief Counsel on Removal From Roster<br /> <br /> ::Consideration should be given to the appraiser's involvement with other districts and LPAs as well as the disposition of cases where the appraiser might be expected to be a witness when determining the timing of removal from the Roster of Approved Contract Appraisers.<br /> <br /> ==236.6.6 Appraisal Agreements==<br /> <br /> ===236.6.6.1 Appraisal Agreement===<br /> <br /> All fee appraisers performing appraisal work for MoDOT shall do so by authority of a contractual agreement. An Appraisal Agreement (CCO RW17) (Form RW17 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is available. District right of way managers shall assure that each agreement contains: name and address of appraiser, parcel number for each parcel to be appraised, route, project, county, number of calendar days in which to complete the contractual work, a specific appraisal fee for each parcel, the personal services of given individual, signature of appraiser, and date appraiser signed proposed agreement. Appraisal agreements with companies, firms, or corporate entities shall designate a given individual who shall perform the valuation services. All appraisal agreements with companies, firms or corporate entities shall be executed by an officer of such entity and the individual identified as the individual who shall be performing the valuation service. Each appraisal agreement shall contain all appropriate attachments (see list at [[236.6 Appraisal and Appraisal Review#236.6.5.7 Preparation of Proposals and Submission to Appraisers |EPG 236.6.5.7]]).<br /> <br /> ===236.6.6.2 Supplemental Appraisal Agreement===<br /> <br /> A copy of the Commission's Supplemental Appraisal Agreement (CCO RW 18) (Form RW18 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements])is available. This document is designed to minimize administrative efforts when it becomes necessary to add additional parcels to the original Appraisal Agreement, reappraise certain parcels, update, or secure addenda to the original appraisal reports.<br /> <br /> The Supplemental Appraisal Agreement refers to specifications as recited in original Appraisal Agreement so it becomes imperative that such requirements and specifications are effective at the date &quot;new&quot; parcels are added to the original agreement. New parcels shall be construed to mean tracts not previously appraised or formerly appraised parcels where the plan or ownership revisions are so acute as to nullify the original appraisal report. Updating or addenda to the original appraisals shall not be subject to subsequently revised appraisal specifications.<br /> <br /> Supplemental Appraisal Agreements shall contain: name, signature, date of signature by appraisal contractor (signature must be exactly the same as shown in original agreement), contractor's address, date of original agreement, route, project, and county. Supplemental Appraisal Agreements shall also recite parcel numbers, type of appraisal data designated, such as appraisal, update, addendum, etc., and the fee to be paid for each parcel. When adding &quot;new&quot; or additional tracts to original Appraisal Agreement, the supplement must specify type of appraisal format required and approaches to value concurrent with standard appraisal format. Also a calendar period or time frame in which the work is to be completed must be specified.<br /> <br /> Three copies of Supplemental Appraisal Agreement, as signed by the proposed contractor shall be submitted to the district engineer. The district engineer shall review all contents of proposed Supplemental Appraisal Agreement and subsequently approve or reject the proposal. Should the Supplemental Agreement be approved as submitted, the district engineer will execute the documents. One fully executed copy shall be returned to the contractor, one copy shall be retained in district right of way and one shall be submitted to the Right of Way Section.<br /> <br /> ===236.6.6.3 Specialty Appraisal Agreement===<br /> <br /> The Specialty Appraisal Agreement shall be employed when it becomes necessary to contract for the services of specialty appraisers. Such specialized services may become necessary when evaluating machinery, equipment, and appurtenances situated within or upon premises being appraised by real estate appraisers.<br /> <br /> The district right of way manager shall assure that each proposed agreement contains: name and address of contractor, number of calendar days in which work shall be completed, route, project, county, tract number or numbers, owner's name, and fee to be paid for each parcel. The agreement shall include an appropriate [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1B). The proposed agreement shall also recite the individual's name that shall perform the valuation services, contractor's signature, the state in which incorporated (if corporate entity), and the date of execution by the contractor.<br /> <br /> Three copies of Specialty Appraisal Agreement, as signed by the proposed contractor shall be submitted to the district engineer. The district engineer shall review all contents of proposed Specialty Appraisal Agreement and subsequently approve or reject the proposal. Should the Specialty Appraisal Agreement be approved as submitted, the district engineer will execute the documents. One fully executed copy shall be returned to the contractor, one copy shall be retained in the district right of way and one shall be submitted to the Right of Way Section.<br /> <br /> ==236.6.7 Highway Beautification Program Billboard Valuation==<br /> <br /> ===236.6.7.1 General===<br /> <br /> Statutes of State of Missouri provide the Commission with authority to acquire certain off-premise outdoor advertising signs and junkyards without an associated acquisition project. Such authority is provided for the purpose of controlling signs adjacent to the [https://www.modot.org/media/14052 National Highway System] to promote highway safety, convenience and enjoyment of highway travel, and to preserve the national scenic beauty of highways and adjacent areas. As this program is executed, it will become necessary to appraise certain realty rights sought by the Highways and Transportation Commission.<br /> <br /> ===236.6.7.2 Appraisal Format for Billboards and Sites===<br /> <br /> Use the [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|Standard Format Appraisal]] and see [[#Billboard|EPG 236.6.1.D. 2, Billboard Valuation]] for instructions. Each appraisal report shall have attached [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 236.6.3.1.A) and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1.B).<br /> <br /> If a scenic easement is to be acquired, Scenic Easement, Form CCO RW 6 (Form RW6 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) for the terms and conditions that will be applied to the property and determine value accordingly.<br /> <br /> Valuation for sign site shall be determined by capitalizing economic rent. Such rents may be estimated from three comparably leased premises. Use [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Comparable Lease] (Form 236.6.3.5.C) to indicate pertinent leasing data.<br /> <br /> ===236.6.7.3 Specialized Services and/or Estimates===<br /> <br /> During the appraisal of certain signs, it may become advantageous to secure the services of specialized personnel or companies to advise as to cost of such items as electrical systems, unusual pictorial art, etc. Should the need for such services arise, the district right of way manager or their designee may inquire of two companies offering such services in an effort to determine approximate fees for the desired information. The district right of way manager shall then submit such proposals to the Right of Way Section for approval or rejection. Subsequently acquired cost data shall be reviewed by assistant right of way manager - certified, and if found acceptable, submitted to an appraiser for analysis and incorporation into appraisal document to the extent deemed appropriate by the appraiser.<br /> <br /> [[category:236 Right of Way|236.06]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=236.6_Appraisal_and_Appraisal_Review&diff=51767 2022-08-23T20:05:27Z

<p>Hallej1: /* 236.6.3 Valuation Formats and Instructions */</p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:15px; border: 1px solid #cccccc; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;250px&quot; align=&quot;right&quot; <br /> |- <br /> |'''Forms'''<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Adjustment%20of%20Value%20or%20Just%20Compensation%20Form%206.4.4.docx Adjustment of Value or Just Compensation (Form 6.4.4)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Application%20for%20Employment%20Contract%20Appraiser%20Form%206.5.3.pdf Application for Employment as Contract Appraiser (Form 6.5.3)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation (Form 6.4.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions (Form 6.3.1A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser (Form 6.3.1B)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Comparable Lease (Form 6.3.5C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Fee%20Appraiser%20Performance%20Evaluation%20Form%206.5.13.pdf Fee Appraiser Performance Evaluation (Form 6.5.13)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Nonresidential Sale (Form 6.3.5A)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Realty%20Asset%20Estimate%20Greater%20than%20%2425000%20Form%20236.6.3.7C.pdf Realty Asset Estimate Greater Than $25,000 (Form 6.3.7C)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Realty%20Asset%20Estimate%20Less%20than%20%2425000%20Form%20236.6.3.7.b.pdf Realty Asset Estimate Less Than $25,000 (Form 6.3.7B)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Renewal%20Application%20Employment%20Contract%20Appraiser%20Form%206.5.3a.pdf Renewal Application for Employment as Contract Appraiser (Form 6.5.3a)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Residential Sale (Form 6.3.5B)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Roster of Approved Contract Appraisers]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment (Form 6.2.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format (Form 6.3.1)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Summary%20of%20Tenant%20Interests%20Form%206.3.1C.pdf Summary Value of Tenant Interests (Form 6.3.1C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx Uniform Residential Appraisal Report and Addendum (URAR) (Form 6.3.4)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20Finding%20Appraisal%20Form%20236.6.3.2.docx Value Finding Appraisal Format (Form 6.3.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20for%20Realty%20Asset%20Inventory%20Form%206.3.7.A.dotx Value for Realty Asset Inventory (Form 6.3.7A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Waiver%20Valuation%20Form%206.3.3.docx Waiver Valuation - Payment Estimate (Form 6.3.3)]<br /> |-<br /> |Forms RW16 and RW17 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].<br /> |}<br /> <br /> <br /> ==236.6.1 Overall Operating Policies==<br /> <br /> ===236.6.1.1 Appraisal Reports Required===<br /> <br /> It shall be the policy of The Missouri Department of Transportation (MoDOT) to secure at least one appraisal of each fee hold which is sought, or from which is sought certain realty rights having an estimated value that exceeds $25,000. Said appraisals shall be prepared on approved formats and comply with accepted appraisal practices.<br /> <br /> Non-complex valuations of acquisitions of less than $25,000 shall be prepared on a [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Waiver%20Valuation%20Form%206.3.3.docx Payment Estimate], (Form 236.6.3.3) or other Waiver Valuation document that has been approved by Right of Way Section, Waiver Valuations, including Payment Estimate are not considered an appraisal.<br /> <br /> An exception to this policy shall include lands or rights owned by the United States of America or any other entity where the owners thereof are willing to donate necessary rights or parts thereof subsequent to being informed of MoDOT's policy with regard to appraisals and grantors' rights to receive just compensation.<br /> <br /> District right of way management may assign additional appraisal reports by the same staff or fee appraiser that prepared an initial appraisal report (i.e. changed conditions, time, different format for condemnation, etc.) or assign an additional appraisal report to a different appraiser. Additional appraisal reports by two appraisers for the same time and conditions should only be assigned when the complexity of the acquisition already necessitates a Standard Format appraisal and should only be assigned under the most complex and high value situations. Complexity and relative high value varies by location, available data, unique nature or property type, extent of property impact, etc. A second appraisal of the same conditions and effective date might be considered when an initial appraisal submittal is found to be inadequate or inappropriate, as determined by district right of way management. Additional appraisal reports by the same or different appraiser may be considered prior to condemnation action, as determined by district right of way management.<br /> <br /> A specialty appraisal shall be secured when affecting or acquiring all or a part of equipment, trade fixtures, or specialty items and the evaluation thereof is beyond the expertise of realty appraiser(s), as indicated by the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment], (Form 236.6.2.2).<br /> <br /> :'''A. Valuation Reports Provided to Owner and Tenant'''<br /> <br /> :MoDOT adopted policy January 1, 2004 to provide valuation reports to owners at the initiation of negotiation ([[236.7 Negotiation|EPG 236.7 Negotiation]]).<br /> <br /> :[https://revisor.mo.gov/main/OneSection.aspx?section=523 Chapter 523 RSMo] requires &quot;(1) Any condemning authority shall, at the time of the offer, provide the property owner with an appraisal or an explanation with supporting financial data for its determinations of the value of the property for purposes of the offer made in subsection 1 of this section. (2) Any appraisal referred to in this section shall be made by a state-licensed or state-certified appraiser using generally accepted appraisal practices.&quot;<br /> <br /> :The above licensing and certification requirement is satisfied by the co-signature of a certified person on Waiver Valuations and review by a certified person on value finding and standard appraisals.<br /> <br /> :'''B. Guidelines for Valuation Reports Provided to Owner and Tenant'''<br /> <br /> ::*Approved appraisal report or Payment Estimate/Waiver Valuations will be provided to owners, with all analysis and adjustment grids, exhibits, certificates, etc.<br /> ::*Reviewers should not remove any material, approach, conclusion, exhibit, etc. from reports without the cooperation and consent of the appraiser.<br /> ::*When a reviewer is required to reconcile between two MoDOT-authorized appraisals, district management shall make a determination of what report(s) and other supporting rationale are to be provided to the owner. Each report shall contain its own sale data, with only location, size, price and other comparative data being included.<br /> ::*If Sale Data Sheets are provided to owners, it will necessitate that the appraiser using the form will be fully responsible for the content of sale forms written by others.<br /> ::*Confidentially confirmed sale information cannot be included in appraisals provided to owners. If there is no substitute for the use of confidential information, the method of its use must be addressed by the district on a case-by-case basis. The information may only be useable as backup or support in the appraiser’s file, rather than in the report.<br /> ::*When tenant owned improvements, fixtures or personalty are acquired or affected by the acquisition, the district should prepare and provide a [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Summary%20of%20Tenant%20Interests%20Form%206.3.1C.pdf Summary Value of Tenant Interests] (Form 236.6.3.1.C), to the tenant.<br /> <br /> :'''C. Review Forms to Right of Way Section'''<br /> <br /> :Copies of appraisals shall be maintained in the district according to document retention schedule and are not sent to Right of Way Section. A copy of [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation] (Form 236.6.4.3) and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Adjustment%20of%20Value%20or%20Just%20Compensation%20Form%206.4.4.docx Adjustment Of Value Or Just Compensation] (Form 236.6.4.4) shall continue to be sent to Right of Way Section.<br /> <br /> :'''D - RWPA system requirements for Appraisals and Improvements'''<br /> <br /> The approved appraisal must be uploaded in eProjects under the applicable project and parcel. All data must be entered in RWPA on the Appraisal List screen: Type (Appraisal, Revision, Review), Format, Date, Appraised Amount and Approved Amount. <br /> <br /> If there are any improvements on the property, the Type of Improvement (Residential, Commercial, Agricultural, Industrial or Other) must be entered on the Improvements screen in RWPA.<br /> <br /> ===236.6.1.2 Certification and Appraisal Assignment===<br /> <br /> All fee appraisal work performed for MoDOT for realty acquisition, shall be by contractual agreement with certified appraisers from the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Roster of Approved Contract Appraisers].<br /> <br /> Any right of way personnel that have a Residential or General Certification are authorized to prepare appraisal reports and Waiver Valuations. The district right of way manager may authorize non-certified senior, intermediate and right of way specialists to prepare and sign Waiver Valuations. The Right of Way Section may authorize non-certified senior, intermediate and right of way specialists to prepare and sign [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Value Finding], [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Format] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR] appraisal reports.<br /> <br /> Waiver valuations shall be prepared or cosigned by certified personnel. Value Finding, Standard Format and URAR appraisal reports prepared by non-certified personnel will be reviewed by, and just compensation approved by certified personnel.<br /> <br /> ===236.6.1.3 Moonlighting===<br /> <br /> The practice of right of way personnel holding additional jobs in the real estate profession, such as sales, brokering, appraising, researching, or sale of realty information and escrowing realty accounts, is strictly prohibited. Refer to [https://www.modot.org/sites/default/files/documents/Conflict%20of%20Interest_0.pdf Personnel Policy 2514 Conflict of Interest].<br /> <br /> ===236.6.1.4 Employment of Retirees===<br /> <br /> Human Resources, [https://www.modot.org/sites/default/files/documents/Employment%20of%20Retirees.pdf Personnel Policy Manual, Policy 0514, Employment of Retirees], governs contracting for appraisal or other realty and relocation services by retirees.<br /> <br /> ===236.6.1.5 Separation of Functions===<br /> <br /> :'''A. Valuation Limit'''<br /> <br /> :The same individual may value and negotiate for simple acquisitions with compensation of $25,000 or less (excluding fence), and valued by a Waiver Valuation. Valuation conclusions less than $25,000 and prepared on other than a Waiver Valuation (for complexity purposes) must be negotiated by personnel other than the valuer.<br /> <br /> :'''B. Relocation Restriction'''<br /> <br /> :An appraiser, having appraised a given parcel containing occupied improvements, may compile a rental subsidy study or replacement housing comparison record for that given property.<br /> <br /> ===236.6.1.6 Use of Forms===<br /> <br /> The forms provided shall be used without alteration, to the extent practical. Since appraisals and Waiver Valuations may be provided to property owners, each report should contain all necessary supporting information to make the report complete and informative.<br /> <br /> Use of alternative sale forms by fee appraisers is addressed in [[236.6 Appraisal and Appraisal Review#236.6.3.5 Instructions for Preparing Sale Forms|EPG 236.6.3.5.D]].<br /> <br /> ===236.6.1.7 Commission Member and Employee Property Valuation===<br /> <br /> See [[236.3 Administration#236.3.4.9 Acquisition of Property from an Employee or a Commissioner of MHTC|EPG 236.3.4.9 Acquisition of Property from an Employee or a Commissioner of MHTC]].<br /> <br /> ==236.6.2 Scope of Assignment==<br /> <br /> ===236.6.2.1 Scope of Assignment===<br /> <br /> [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR 24.103] requires minimum requirements for appraisals consistent with established and commonly accepted appraisal practice, including all relevant and reliable approaches to value. These appraisal requirements accommodate an appraisal reporting level commensurate with complexity. [[#USPAP|Uniform Standards of Professional Appraisal Practice (USPAP)]], (see EPG 236.6.3.1.d.17), contains a “Scope of Work Rule”, which requires identification of the problem to be solved, determination and performance of the scope of work necessary to develop credible assignment results, and disclosure of the scope of work in the report. To fulfill the objectives of the CFR and USPAP, the Missouri Department of Transportation (MoDOT) has developed the Scope of Assignment process to assure appraisal reports meet reporting requirements, appraisal principles and standards, and provide a high quality appraisal document. The Scope of Assignment preparer must be familiar with the requirements of the various formats (see [[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions|EPG 236.6.3 Valuation Formats and Instructions]]).<br /> <br /> All Scope of Assignment documents will be prepared by an individual familiar with all appraisal requirements for proper appraisal practice, approaches to value, rules and laws relevant to valuation for condemnation purposes, 49 CFR, USPAP, etc. The scope will identify the anticipated minimum requirements for an appraisal document to address all issues resulting from acquisition from a property. The Scope of Assignment preparer shall assign a level of documentation consistent with the complexity and anticipated value conclusion range of each acquisition. The assignment criteria must assure adequate documentation yet not assign or pay for more work than meets MoDOT’s needs.<br /> <br /> The Scope of Assignment, Form 6.2.2, can be used as a working document throughout the life of the appraisal work for a project.<br /> <br /> ===236.6.2.2 Scope of Assignment Processes===<br /> <br /> A Scope of Assignment may merely direct an appraiser experienced with MoDOT formats and their instructions, what format to use along with any special instructions. Otherwise, a more detailed Scope of Assignment shall be used for staff or fee appraisers less experienced with MoDOT formats.<br /> <br /> '''Scope of Assignment for Complex Assignment or Inexperienced Staff and Fee'''<br /> <br /> A Scope of Assignment may indicate the following for each parcel, when applicable:<br /> <br /> :'''1.''' Total land area, proposed acquisition area, temporary and permanent easement, etc.<br /> <br /> :'''2.''' A description of land and improvements.<br /> <br /> :'''3.''' The manner in which proposed highway improvement might affect remaining real property.<br /> <br /> :'''4.''' Identify and explain all observed elements of loss or damage.<br /> <br /> :'''5.''' Identify curable losses, if any are observed.<br /> <br /> :'''6.''' Under all appraisal formats the value estimates must include all fee owned and tenant owned improvements, both affected and unaffected. The scope may authorize the appraiser to estimate the contributory value of unaffected improvements.<br /> <br /> :'''7.''' A statement from Commission's counsel with regard to special benefits when it is anticipated that such benefits may accrue to a remaining fee hold.<br /> <br /> :'''8.''' An explanation of those appraisal problems that warrant two appraisals on the same parcel.<br /> <br /> :'''9.''' A Scope of Assignment may indicate what evidence is required to support depreciation rates for affected improvements when a cost approach is specified. If primary reliance is likely to be placed on the cost approach a higher standard of support for the depreciation estimate should be required.<br /> <br /> :'''10.''' A Scope of Assignment may indicate if specialty appraisals to evaluate affected machinery, specialty items, trade fixtures, etc. are required. Also, if MoDOT or the fee appraiser is responsible for obtaining said appraisal and which party is responsible for the cost of specialty appraisals.<br /> <br /> :'''11.''' A Scope of Assignment may indicate a suggestion or requirement to engage a contractor to furnish cost to cure estimates for rehabilitating remainder buildings, correcting or revising affected sewer systems, water lines, fence, etc., and if MoDOT or the fee appraiser is responsible for obtaining and the cost of the contractor’s services.<br /> <br /> :'''12.''' Approaches to Value<br /> <br /> :The sales comparison approach often develops the most credible indication of value. In most situations this may be the only approach necessary to estimate just compensation. The cost less depreciation approach is best applied to newer, special use, or unique improvements not normally transferring in the market place. An income approach may be implemented when appropriate.<br /> <br /> :The Scope of Assignment shall indicate the recommended approach or approaches to value &quot;before&quot; as well as &quot;after&quot; when applicable.<br /> <br /> :The sales comparison approach shall be shown for parcels where appraiser relies upon vacant land sales and may estimate contributory value of unaffected improvements.<br /> <br /> ==236.6.3 Valuation Formats and Instructions==<br /> <br /> ===236.6.3.1 Standard Appraisal Format===<br /> <br /> Use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format] (Form 236.6.3.1) is required when:<br /> <br /> :*the appraisal problems are judged complex<br /> :*the highest and best use of a property as improved is different than the highest and best use as if vacant<br /> :*residential or other major improvements are acquired, unless use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR] appraisal is specified.<br /> :*there is a change in the highest and best use after the acquisition.<br /> <br /> The appraiser shall adhere to the following format and shall include paragraph headings and numbers as shown. The appraisal shall be typewritten on 8 1/2&quot; x 11&quot; paper with the pages numbered sequentially.<br /> <br /> These format instructions set out appraisal requirements of the Missouri Department of Transportation (MoDOT) and the Federal Highway Administration (FHWA). It is inevitable that appraisers will occasionally encounter situations that are not specifically addressed herein. In all cases the appraiser is responsible for a credible, adequately documented appraisal. Reasonableness and typical professional appraisal practices are the standard.<br /> <br /> There are a number of ownership items and appraisal problems frequently encountered in valuing acquisitions for transportation purposes, on which policies have been established by case law, management decision and precedent. These policies apply to all appraisal formats and are described in [[#Other Appraisal Considerations|EPG 236.6.3.1.D, Other Appraisal Considerations]].<br /> <br /> <br /> [[Image:236.6.3 Standard Identification Block.jpg|right|400px]]<br /> <br /> A standardized identification block (see example at right) shall be included at the front of the appraisal, without deviation.<br /> <br /> <br /> Reporting the effective date of appraisal and date of report are required by Code of Federal Regulations (CFR) and [[#USPAP|Uniform Standards of Professional Appraisal Practice (USPAP)]]. The effective date of appraisal establishes the context for the value opinion, generally the date of last inspection. For condemnation appraisal reports, the effective date will be the date the commissioners’ award is paid into court. The report date with the signature on the certificate should normally be the date the appraisal is complete or turned in for review.<br /> <br /> &lt;div id=&quot;Owner and Tenant Owner&quot;&gt;&lt;/div&gt;<br /> :'''1. Owner and Tenant Owner'''<br /> <br /> :Identify owner and tenant owner by address, phone number, etc.<br /> <br /> &lt;div id=&quot;Purpose of Appraisal&quot;&gt;&lt;/div&gt;<br /> :'''2. Purpose of Appraisal'''<br /> <br /> :The purpose of this appraisal is to estimate just compensation due the owners as a result of acquiring land and realty rights as herein described.<br /> <br /> ::'''Fair Market Value Definition:''' Fair market value is the value of the property taken after considering comparable sales in the area, capitalization of income, and replacement cost less depreciation, singularly or in combination, as appropriate, and additionally considering the value of the property based upon its highest and best use, using generally accepted appraisal practices. If less than the entire property is taken, fair market value shall mean the difference between the fair market value of the entire property immediately prior to the taking and the fair market value of the remaining or burdened property immediately after the taking. See [https://revisor.mo.gov/main/OneSection.aspx?section=523.001 RSMo 523.001].<br /> <br /> ::Do not use definitions from various appraisal organizations and sources. Failure to use the above definitions can result in having the testimony of a witness stricken.<br /> <br /> ::'''Intended Use:''' The intended use of the appraisal report is to assist MoDOT establish of the amount of compensation to pay for the land and property rights to be acquired.<br /> <br /> ::'''Intended Users:''' Intended users of this report are the Missouri Highways and Transportation Commission (the client), the MoDOT, the FHWA and the United States Department of Transportation and persons authorized by the client. Although the MoDOT authorizes a copy of this appraisal report be provided to the owner of the subject property for information only, the owner is not an intended user as defined by USPAP.<br /> <br /> ::'''[[#USPAP|Uniform Standards of Professional Appraisal Practice (USPAP)]]:''' The appraiser shall include the following statement in the appraisal report:<br /> <br /> &lt;div id=&quot;Compliance Statement&quot;&gt;&lt;/div&gt; <br /> ::'''USPAP Compliance Statement:''' This appraisal was prepared according to the contract/assignment from the agency, Missouri Department of Transportation. The intended use of the appraisal is for eminent domain related acquisition and the agency is the only intended user (except as indicated above). The agency bears responsibility for contract/assignment requirements that meet its needs and therefore are not misleading. In combination with the Scope of Assignment and review function, all appraisal reports assigned by the agency identify the problem to be solved, determine the scope of work necessary to solve the problem and correctly complete research and analysis necessary to produce a credible appraisal, and are therefore in compliance with USPAP Standard 1. In that the agency is the only intended user of the report and others may only be provided copies for informational purposes, the agency has determined that reports prepared in conformance with these procedures constitute an Appraisal Report, which fulfills the agency’s needs. For any inconsistencies with USPAP, appraisers are protected by the USPAP Jurisdictional Exception provision.<br /> <br /> &lt;div id=&quot;Interest Appraised&quot;&gt;&lt;/div&gt;<br /> :'''3. Interest Appraised'''<br /> <br /> :The interest appraised will normally be fee simple interest. If the ownership is encumbered with a lease, the value conclusion may be a leased fee estate. Easement encumbrances impacting market value shall be identified.<br /> <br /> &lt;div id=&quot;Scope of Work&quot;&gt;&lt;/div&gt;<br /> :'''4. Scope of Work'''<br /> <br /> :Reference the information researched and the analysis applied in an assignment. Appraisers have a responsibility in determining the appropriate scope of work for an appraisal assignment. Credible assignment results require support by relevant evidence and logic. Scope of Work includes, but is not limited to:<br /> <br /> ::*The extent to which the property and comparable sales were inspected<br /> ::*The extent of data research<br /> ::*The extent of analysis applied to arrive at opinions or conclusions.<br /> <br /> :The Scope of Work is supplemented by the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment] (Form 236.6.2.2), a document prepared by individuals other than the appraiser, and setting out the minimum reporting requirements of the appraisal.<br /> <br /> &lt;div id=&quot;Identification of the Property&quot;&gt;&lt;/div&gt;<br /> :'''5. Identification of the Property'''<br /> <br /> :The real estate involved in the appraisal can be specified by a property description, address, map reference, copy of a survey or map, property sketch and/or photographs or the similar information. Lengthy property descriptions should not be reiterated within the report, but rather copies of the title report or last deed of record should be reviewed by the appraiser and retained in the appraiser’s work file.<br /> <br /> &lt;div id=&quot;History of the Property&quot;&gt;&lt;/div&gt;<br /> :'''6. History of the Property'''<br /> <br /> :The appraisal report must state the history of the property and cannot merely say, &quot;No transfers&quot; or &quot;none&quot;. Indicate all transfers of subject realty for the five years immediately preceding the date of the appraisal. Show the parties to the transactions, dates of transactions, books and pages, instrument numbers and verified sale prices when possible to obtain. If sales of the subject are comparable sales in the report, reference to them will satisfy the requirement of this section. Include details of any current sale agreement, option or listing of the subject property if such information is available to the appraiser in the normal course of business. If the information cannot be determined, the report should state the reasons. If the report states there has been no sale, contract, option, or listing, it must also state how that determination was made.<br /> <br /> :Good appraisal practice dictates that appraisers consider and analyze recent sales, contracts, options or listings of the property being appraised. If, in the appraiser’s opinion, any of the above does not reflect current value of the property, the appraiser must provide reason. The phrase &quot;not an arms length transaction&quot; is not adequate without explanation.<br /> <br /> &lt;div id=&quot;Description of Property Before Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''7. Description of Property Before Acquisition'''<br /> <br /> ::'''A. Zoning:'''<br /> <br /> ::The applicable code and category of zoning should be stated (for example, R-1 (the code), Single-Family District (the category)). Special zoning provisions or restrictions should be noted, such as minimum lot size or number of developed units allowed. The report should state whether the subject property is in conformance with the zoning code.<br /> <br /> ::If the subject is non-conforming, the highest and best use and value analysis sections of the report must deal with any effect of the non-conformity upon use and value. Probability of zoning change should be addressed in the highest and best use analysis.<br /> <br /> :::*Code<br /> :::*Category <br /> :::*Compliance<br /> :::*None<br /> <br /> ::'''B. Land:'''<br /> <br /> ::Site description should include dimensions, shape, size and frontage as appropriate. Describe the topography, roads or streets and frontages, legal access rights and physical entrances, and all non-structural site improvements including but not limited to paving, curbing, retaining walls, landscaping, ponds and terracing.<br /> <br /> ::If agricultural land, information on soil types and productivity, percent cleared and timbered, and historic uses such as cropland and pasture land may be appropriate.<br /> <br /> ::Information should be included on encumbrances, recorded or unrecorded, such as deed restrictions, limitation of access, utility easements, flowage or drainage easements, etc. which may affect market value.<br /> <br /> ::*Access Before Acquisition: The report shall discuss the available legal and physical access of the subject property as well as the comparable sales. Legal access represents a deeded or permitted access point to a property. Physical access merely reflects the presence of existing entrances, which may or may not be legal.<br /> ::*Utilities In Use Before Acquisition:<br /> ::*Utilities Available Before Acquisition: Identify what utilities are in use, whether public or private, and what utilities are reasonably available to the property.<br /> <br /> ::'''C. Fee Owned Improvements, Fixtures and Personalty:'''<br /> <br /> ::These items shall be inspected, identified and described in sufficient detail to indicate their uses, quality, condition and location upon the premises.<br /> <br /> ::The description of affected improvements shall include such items as significant deferred maintenance, recent renovation and a statement of actual and effective age.<br /> <br /> ::Unaffected improvements shall be inspected to the extent that they can be adequately described. If directed in the Scope of Assignment, the appraiser may estimate the contributory value of unaffected improvements without support.<br /> <br /> ::The appraiser shall identify and value personal property, trade fixtures, or intangible items that are not real property but are impacted by the acquisition and are included in the valuation. When there are items such as appliances, fireplace inserts, equipment, on-premise signs, mobile homes, etc., which could be realty or personalty, the report shall identify them and state whether they are considered personalty or realty. See [[#Personalty and Fixtures|EPG 236.6.3.1.D.12]] for instructions on personalty and fixtures.<br /> <br /> ::When appropriate the impact of Title III of the Americans With Disabilities Act of 1990 as outlined in [[#Other Appraisal Considerations|EPG 236.6.3.1.D.1, Other Appraisal Considerations]] should be addressed.<br /> <br /> ::'''D. Tenant Owned Improvements, Fixtures and Personalty:'''<br /> <br /> ::All buildings, structures or other improvements, except outdoor advertising structures, which are a part of the realty and owned by someone other than the fee holder shall be valued as such items contribute to the fee or valued for removal (salvage), whichever is greater.<br /> <br /> ::The report shall identify the terms of the lease and describe buildings, structures or other improvements owned by someone other than the fee holder, which the tenant has the right or obligation to remove at the expiration of the lease term.<br /> <br /> ::All tenant owned improvements including outdoor advertising structures shall be identified and described as separate assets from that of the fee holder. Follow instructions for describing improvements in Paragraph 7C of this section. See [[#Personalty and Fixtures|EPG 236.6.3.1.D.12]] for instructions on personalty and fixtures.<br /> <br /> ::When appropriate the impact of Title III of the Americans With Disabilities Act of 1990 as outlined in [[#Other Appraisal Considerations|EPG 236.6.3.1.D, Other Appraisal Considerations]] should be addressed.<br /> <br /> ::'''E. Other Appraisal Considerations:'''<br /> <br /> ::Methods and directions for addressing other property elements are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> &lt;div id=&quot;8. Highest and Best Use Analysis Before Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''8. Highest and Best Use Analysis Before Acquisition'''<br /> <br /> :The appraiser shall analyze the highest and best use before acquisition to the extent commensurate with the appraisal problem. Estimation of market value requires consideration of the highest and best use or uses for which the property is suited. Conclusion of highest and best use of vacant land should be consistent with zoning or evidence shall be included supporting the probability of zoning change. If the subject property is unzoned vacant land, highest and best use should be consistent with surrounding land use and area trends or evidence supporting the different use shall be offered. If the highest and best use is the existing use as improved, reasons supporting this conclusion should be explained. If the highest and best use is different from the current use as improved and particularly if other than allowed by current zoning, this conclusion should be supported by market evidence and analysis showing that this use is financially feasible, physically possible, and that there is a high probability of obtaining the necessary zoning. An unsupported statement of conclusion will not meet the requirement for highest and best use analysis in the Standard Format.<br /> <br /> ::'''A.Valuation of Properties with Multiple Highest and Best Uses:'''<br /> ::Properties with the potential for multiple highest and best uses may be valued from comparable sales with like potential or as an alternative, the appraiser may value each use area by data comparable to each specific use to reach a value conclusion. Should an appraiser pursue the latter method of evaluation three sales comparable to each specific use area must be included and analyzed in the sales comparison approach, appropriate cost and income data for each use area shall be included if these approaches are utilized, and it must be shown that the owner may convey each specific use area without affecting the value of the remaining area(s).<br /> <br /> ::'''B.Valuation of Improvements That Do Not Represent the Highest and Best Use of the Property:'''<br /> ::If improvements do not represent the highest and best use of the property they may have interim use value, depreciated in place value, salvage value (value of salvage exceeds cost of removal), no value (removal cost equals salvage value) or negative value (removal cost exceeds salvage value). The analysis should be clear as to which valuation premise is being used. Compensation for improvements, like fence, that may not contribute to the fulfillment of the highest and best use may be considered when the property was previously fenced and the owner utilizes the property for livestock confinement.<br /> <br /> ::If a salvage value is included in [[#Salvage Value|Paragraph 18 (Salvage Value)]], the before value of that improvement must be at least equal to that salvage value.<br /> <br /> &lt;div id=&quot;Valuation Before Acquisition&quot;&gt;&lt;/div&gt; <br /> :'''9. Valuation Before Acquisition'''<br /> <br /> ::'''Required Approaches:'''<br /> ::Appraisers shall as a minimum complete the approach or approaches to value as specified within the body of the appraisal agreement and/or elements of the Scope of Assignment. If the appraiser determines the appraisal problem is more or less complex than reflected in the Scope of Assignment, it is the appraiser’s responsibility to communicate the necessity to amend the Scope of Assignment, which may necessitate renegotiation of the agreement.<br /> <br /> ::Each required approach to value, both before and after when applicable, shall be compiled in accordance with accepted appraisal principles and techniques, with appropriate specifications contained in these instructions and in compliance with [https://www.fhwa.dot.gov/legsregs/directives/cfr23toc.htm 23 CFR - Highways] and [https://ecfr.io/Title-49/ 49 CFR – Transportation].<br /> <br /> ::Sales of the subject within the past 5 years and current Agreements of Sale, options and listings of the subject property shall be considered and analyzed. In some cases, sales of the subject over 5 years old may still be relevant.<br /> <br /> ::'''Sales Data and Other Market Support:'''<br /> ::Each appraisal report prepared on the Standard Appraisal Format shall contain sufficient documentation, including valuation data and the appraiser's analysis of that data, to support the opinion of value.<br /> <br /> ::Appraisers shall incorporate within the appraisal reports adequate sales and other supporting data to relay the necessary comparative information using Comparable Sale [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Forms 236.6.3.5.A] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx EPG 236.6.3.5B].<br /> <br /> ::The report shall contain a sales map in sufficient detail to allow the reader to drive to each sale.<br /> <br /> &lt;div id=&quot;Sales Comparison&quot;&gt;&lt;/div&gt;<br /> ::'''A. Sales Comparison Approach Before Acquisition:'''<br /> <br /> ::When a sales comparison approach is applicable, an appraiser must analyze such comparable sales data as are available to indicate a value conclusion.<br /> <br /> ::A comparable sale may be considered as follows:<br /> <br /> ::*a real property transferring on the open market within approximately 5 years of the date of appraisal in which the sale is referenced as a basis for conclusion of value,<br /> ::*a sold property which is similar and/or suitable for comparison with realty being appraised with regard to land area, shape, location, topography, utilities, improvements when applicable, potential highest and best use(s) and any other sufficiently similar qualities which may enable an informed person to arrive at a reasonable estimate or conclusion of value.<br /> ::*Pending contracts should be considered but not relied upon.<br /> ::*Contract for Deed may be used, however, if the contract is not recorded, a copy of the contract must be part of the appraiser’s file.<br /> <br /> ::Comparable sale data shall be reported in each applicable portion of Sale Form [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx 236.6.3.5.A] or [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Form 236.6.3.5.B].<br /> <br /> ::A minimum of three comparable sales is required as a basis for an evaluation by the sales comparison approach in the Standard Format, unless a different number is authorized in the Scope of Assignment. An arms-length sale of the subject property may be considered a comparable sale provided the transfer occurred within approximately 5 years of the date of appraisal. Adjustments for changes in market conditions and/or improvements may be necessary to align sale price with current value.<br /> <br /> ::Each comparable sale shall be compared with the appraised realty and adjustments implemented for each significant element of difference affecting value. An explanation shall be offered for each individual adjustment. Differences may be measured by either dollars or percentage. A lump-sum adjustment for more than one difference is not acceptable.<br /> <br /> ::The appraisal report shall contain sufficient sales data or other factual data and analyses of such data as to lend credible support to an opinion of each adjustment or value differential applied to the comparable sale. The only exception to this policy shall apply when such supportive data cannot be abstracted by sales analyses and the appraiser so states. Comments regarding adjustments abstracted from or based upon sale analyses shall include reference to the section or page number of the report where the abstraction is explained. Comments sufficient to explain the appraiser's rationale and reasoning shall be offered for each adjustment which could not be supported by sales, sales analyses or other factual data.<br /> <br /> ::Comparable sales used as a basis for evaluating unimproved land must be either unimproved or all improvements totally and completely depreciated and offering no contributory value at date of sale. The procedure of abstracting estimated contributory value of improvements from selling price to arrive at residual value for unimproved land shall not be considered credible sale evidence or a basis for valuing unimproved realty.<br /> <br /> ::Use of sales that have improvements located on them as vacant land sales, when it has been confirmed that those improvements did not contribute to value, is acceptable provided that during the course of time that the sale is being relied upon, those improvements have not been rehabilitated for renewed use. Once it becomes apparent that an improvement, formerly concluded to have no contributory value, has been put back into productive use, a sale written to the contrary has lost much of its credibility and is not to be used as a comparable for land valuation.<br /> <br /> ::Each sale shall be analyzed to yield a value indication for the subject. These value indications shall be reconciled to a value conclusion by the sales comparison approach. A final conclusion of value differing from the range indicated by the comparable sales must be explained in depth.<br /> <br /> ::Before Value by Sales Comparison Approach: $_______________<br /> <br /> &lt;div id=&quot;Cost Approach&quot;&gt;&lt;/div&gt;<br /> ::'''B. Cost Approach Before Acquisition:'''<br /> <br /> ::When a cost approach is applicable, an appraiser must:<br /> ::*develop an opinion of site value by an appropriate appraisal method or technique<br /> ::*analyze such comparable cost data as are available to estimate the cost new of the improvements<br /> ::*analyze such comparable data as are available to estimate the difference between the cost new and the present worth of the improvements (accrued depreciation)<br /> <br /> ::When utilizing the cost approach the appraiser shall offer a minimum of three unimproved land sales to serve as a basis for evaluating unimproved land, unless a different number is authorized in the Scope of Assignment. Each land sale must meet the criteria as prescribed for comparable sales in Paragraph 9A of this Section.<br /> <br /> ::The appraiser shall compare each individual comparable land sale with the subject property. Adjustments to each comparable sale shall be in accordance with specifications set forth in Paragraph 9A of this section.<br /> <br /> ::'''Improvement Costs:''' All elements recited in the cost approach must be substantiated by reference to specific sections of acceptable cost manuals, contractor's estimates, manufacturer's or dealer's cost data or by other appropriate sources. The appraiser may determine the value of nominal or unique elements in the cost approach with the best available method, with the requirement for support relative to the value conclusion.<br /> <br /> ::The use of either replacement or reproduction cost is acceptable if the following two definitions are properly applied:<br /> <br /> :::Replacement cost is the estimated cost to construct at current prices a building with utility equivalent to the building being appraised, using modern materials and current standards, design and layout.<br /> <br /> :::Reproduction cost is the estimated cost to construct at current prices an exact duplicate or replica of the building being appraised using the same materials, construction standards, design, layout and quality of workmanship, and embodying all of its deficiencies, superadequacies and obsolescence.<br /> <br /> ::'''Depreciation of Improvements:''' When completing the cost approach, the appraiser shall determine from market data or by the age/life method the applicable rate of depreciation for residential units, commercial buildings and other principal capital improvements. Improvements of a minor nature may be depreciated based on observed condition. Depreciation rates for mechanical appurtenances and/or trade fixtures may be estimated from age/life data furnished by the manufacturer or supplier, or from accepted cost manuals.<br /> <br /> ::Before Value by Cost Approach: $____________ <br /> <br /> &lt;div id=&quot;Income Approach&quot;&gt;&lt;/div&gt; <br /> ::'''C. Income Approach Before Acquisition:'''<br /> <br /> ::When an income approach is applicable, an appraiser must:<br /> <br /> ::*analyze such comparable rental data as are available and/or the potential earnings capacity of the property to estimate the gross income potential of the property;<br /> ::*analyze such comparable operating expense data as are available to estimate the operating expenses of the property;<br /> ::*analyze such comparable data as are available to estimate rates of capitalization and/or rates of discount; and <br /> ::*base projections of future rent and/or income potential and expenses on reasonably clear and appropriate evidence.<br /> <br /> ::The appraiser shall, when implementing an income approach to value, develop an overall capitalization rate from sales of comparable realty investments, band of investment or other accepted method. Discounting to present value of some income streams may be an acceptable technique. The appraiser shall also offer evidence supporting income and expense estimates.<br /> <br /> ::Before Value by Income Approach: $_______________<br /> <br /> &lt;div id=&quot;Reconciliation of Value Before Acquisition&quot;&gt;&lt;/div&gt; <br /> :'''10. Reconciliation of Value Before Acquisition:'''<br /> <br /> ::If more than one approach to value is used, the appraiser shall correlate the resultant value estimates and explain the rationale for deciding which approach and data provide the best support for the conclusion of value before acquisition.<br /> <br /> ::Total Value Before Acquisition: $_______________<br /> <br /> &lt;div id=&quot;Description of Property After Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''11. Description of Property After Acquisition'''<br /> <br /> ::The appraiser shall describe the remaining realty to the extent necessary to provide a word picture of the after condition. If the remainder is substantially changed from the before condition the appraiser shall describe the remainder as if the before condition never existed. Partial acquisitions of a minor nature may best be described by discussing changes caused by the acquisition rather than repeating the contents of Paragraph 7 of this section.<br /> <br /> ::*Impact on Zoning: Describe impact on zoning.<br /> ::*Access After Acquisition: The report shall discuss the available legal and physical access of the subject property as well as the comparable sales. The report must address if the legally provided access points are comparable to the physical access available to the property before the acquisition in regard to topography, timber, etc. See [[236.6 Appraisal and Appraisal Review#236.6.3.6 Access Rights Valuation|EPG 236.6.3.6]] for applicable laws and definitions regarding access.<br /> ::*Impact on Utilities: A statement is required regarding the impact, if any, on all public and private utility services which the property has in use or available in the before condition. Special considerations apply when it is necessary to to adjust the property owner’s service lines located on existing right of way. The cost to move and reconnect service lines that lie within the existing right is not compensable to the owner if such reconnection is included in the construction contract. See [[643.2 Local Utility Adjustments - Public and Private#643.2.1.6 Service Lines Owned by Property Owners|EPG 643.2.1.6 Service Lines Owned by Property Owners]].<br /> ::*Utilities In Use After Acquisition:<br /> ::*Utilities Available After Acquisition:<br /> <br /> :'''Other Appraisal Considerations:'''<br /> <br /> :Methods and directions for addressing other property elements are described in [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> &lt;div id=&quot;Highest and Best Use Analysis After Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''12. Highest and Best Use Analysis After Acquisition'''<br /> <br /> :The report may indicate that the highest and best use of the remaining realty is unchanged and an explanation supporting such a conclusion is required. Should the acquisition cause a change in highest and best use or uses, the appraiser shall analyze the new highest and best use in depth commensurate with the appraisal problem. <br /> <br /> :Loss of access, loss of traffic, circuity of travel, placement of a median barrier, loss of visibility, loss of privacy, loss of security, etc., are to be considered elements by the appraiser in formulating an opinion of the highest and best use of the property in the after condition. If the appraiser determines there is no diminution in highest and best use of the property, even though these elements are present, the appraisal report is to include an explanation supporting such a conclusion.<br /> <br /> :The change(s) caused by the property acquisition may make it necessary for the appraiser to utilize new comparable sales data. [[#Special Benefits|Special Benefits]] reflected in a report must be supported by written concurrence from Commission's Counsel and addressed in the Scope of Work of the report if special benefits are recognized subsequent to the initial Scope of Assignment.<br /> <br /> &lt;div id=&quot;Valuation After Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''13. Valuation After Acquisition'''<br /> <br /> :The analyses and valuation sections relating to the remainder property constitute a new appraisal. In cases of an insignificant acquisition, the remainder may be so similar to the whole property before the acquisition that the same highest and best use analysis and the same cost, market, and income data and analysis will remain applicable and can therefore be referenced and employed in analyzing and valuing the remainder property. However, a change in the basic physical or economic character of the remainder may result in a change in the remainder’s highest and best use or the intensity of that use and may result in damages or benefits to the remainder property which will require different market data and/ or analysis than that which was used in the whole property valuation.<br /> <br /> :Follow instruction as shown in Paragraph 9 of this section as well as [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> ::'''A. Sales Comparison Approach After Acquisition:'''<br /> <br /> ::Follow Instructions as shown in Paragraph 9A above.<br /> <br /> ::After Value by Sales Comparison Approach: $_______________<br /> <br /> ::'''B. Cost Approach After Acquisition:'''<br /> <br /> ::Follow Instructions as shown in Paragraph 9B above.<br /> <br /> ::After Value by Cost Approach: $________________<br /> <br /> ::'''C. Income Approach After Acquisition:'''<br /> <br /> ::Follow Instructions as shown in Paragraph 9C above.<br /> <br /> ::After Value by Income Approach: $_______________<br /> <br /> &lt;div id=&quot;Reconciliation of Value After Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''14. Reconciliation of Value After Acquisition'''<br /> <br /> ::If more than one approach to value is used, the appraiser shall correlate the resultant value estimates and explain the rationale for deciding which approach and data provide the best support for the conclusion of estimated value after acquisition.<br /> <br /> ::Total Value After Acquisition: $_______________<br /> <br /> &lt;div id=&quot;Estimate of Total Just Compensation&quot;&gt;&lt;/div&gt;<br /> :'''15. Estimate of Total Just Compensation'''<br /> <br /> ::Total Just Compensation is computed by subtracting the estimated value after the acquisition from the estimated value before the acquisition.<br /> <br /> ::Estimated Value Before Acquisition $_______________<br /> <br /> ::Estimated Value After Acquisition $_______________<br /> <br /> ::Indicated Just Compensation Due to Acquisition $_______________<br /> <br /> &lt;div id=&quot;Allocation of Just Compensation&quot;&gt;&lt;/div&gt;<br /> :'''16. Allocation of Just Compensation'''<br /> <br /> :The appraiser shall offer an opinion of reasonable allocation of the estimate of just compensation between realty acquired and damages to the remainder for .the interests of both fee holders and tenants who own improvements, fixtures or personalty included in the value.<br /> <br /> ::'''A. Allocation of the Fee Holder’s Interest:'''<br /> <br /> :::'''1.''' Land Acquired: $ ______________<br /> <br /> :::Report the calculated value of the land acquired.<br /> <br /> :::'''2.''' Improvements, Fixtures and Personalty: $_________________<br /> <br /> :::'''3.''' Total Land and Improvements, Fixtures and Personalty: $_________________<br /> <br /> :::'''4.''' Damages to the Remainder: $_________________<br /> <br /> :::Damages to the remainder including permanent and temporary easements shall be identified and individually valued, and their values combined to a total. Losses caused by temporary borrow pits must be set apart from other damages. Fencing required as a cost to cure due to road realignment, temporary fencing etc. shall be included as a damage to the remainder. See additional discussion on Damages in [[#Other Appraisal Considerations|EPG 236.6.3.1D]].<br /> <br /> :::'''5.''' Total Just Compensation Due Fee Holder: $________________<br /> <br /> ::'''B. Allocation of the Tenant Owner’s Interest:'''<br /> <br /> :::'''1.''' Tenant Owned Improvements, Fixtures and Personalty:<br /> <br /> :::::Item _________________ $_________________<br /> :::::Item _________________ $_________________<br /> <br /> :::Identify each tenant owned improvement within the new acquisition and/or easement area and estimate its value. Use the greater of its contributory value or value for removal (salvage value).<br /> <br /> :::'''2.''' Damage to Tenant Owned Improvements, Fixtures and Personalty:<br /> <br /> :::::Item _________________ $_________________<br /> :::::Item _________________ $_________________<br /> <br /> :::Identify and show a value loss, if any, for each damaged tenant owned improvement lying outside the acquired area.<br /> <br /> :::'''3.''' Leasehold Interest: $_________________<br /> <br /> :::Calculate value of leasehold interest, if any, should the lease be affected by the acquisition.<br /> <br /> :::'''4.''' Total Just Compensation Due Tenant Owner: $________________<br /> <br /> &lt;div id=&quot;Uneconomic Remnant&quot;&gt;&lt;/div&gt;<br /> :'''17. Uneconomic Remnant'''<br /> <br /> :&quot;The term uneconomic remnant means a parcel of real property in which the owner is left with an interest after a partial acquisition of the owner's property, and which the acquiring agency has determined has little or no value or utility to the owner.&quot; [https://www.law.cornell.edu/cfr/text/49/24.2 (see 49 CFR Section 24.2 (27)] and [[236.5 Property Management#236.5.9.1 Definition|EPG 236.5.9.1 Definition]] (in EPG 236.5 Property Management). When the appraiser is of the opinion that an uneconomic remnant does not exist, enter the word &quot;none&quot; in this paragraph. When the appraiser is of the opinion that an uneconomic remnant has been created by the acquisition, an explanation is required. The appraiser shall describe elements that contribute to a parcel having some characteristics of an uneconomic remnant, yet conclude that the parcel is not an uneconomic remnant. A separate area and value should be shown for multiple uneconomic remnant areas.<br /> <br /> :::Area __________________ @ $ __________ = $ ________________<br /> <br /> &lt;div id=&quot;Salvage Value&quot;&gt;&lt;/div&gt;<br /> :'''18. Salvage Value'''<br /> <br /> :&quot;The term salvage value means the probable sale price of an item offered for sale to knowledgeable buyers with the requirement that it be removed from the property at a buyer’s expense (i.e., not eligible for relocation assistance). This includes items for re-use as well as items with components that can be reused or recycled when there is no reasonable prospect for sale except on this basis.&quot; <br /> <br /> :Each acquired improvement enumerated above shall be additionally identified under salvage and a salvage value determined or zero indicated. Salvage values should not be assigned to very low value items such as farm fencing. If an improvement has salvage value, the before value of such improvement must be at least equal to the salvage value.<br /> <br /> :Allocate salvage values between fee and tenant improvements, fixtures and personalty.<br /> <br /> :::Improvement ______________ Salvage Value $_________________<br /> <br /> :::Improvement ______________ Salvage Value $_________________<br /> <br /> :::Total Salvage Value ______________ $_________________<br /> <br /> &lt;div id=&quot;Required Attachments&quot;&gt;&lt;/div&gt;<br /> :'''19. Required Attachments'''<br /> <br /> ::'''Assumptions and Limiting Conditions:''' The appraiser shall use the standard [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 236.6.3.1.A). If additional contingencies or limiting conditions apply, they shall be stated here. Unauthorized hypothetical conditions, assumptions, or limiting conditions may result in disapproval of the appraisal report.<br /> <br /> ::'''Certificate of Appraiser:''' A properly completed and signed copy of [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1.B) shall be attached to the appraisal report.<br /> <br /> ::'''Site Plan:''' The appraiser must provide a site plan showing all property boundaries and the location of major and affected improvements. An annotated copy of an assessor’s aerial map, a survey, an aerial photo, a cut of the highway plan can meet this requirement if it shows the whole property and all improvements, or a drawing. If other than the plan cut is used to meet this requirement the site plan should show the proposed boundary line and easements, and the areas of the acquisition and remainder. Greater detail and a higher degree of accuracy is required on small parcels or where improvements are very near and possibly affected by the acquisition than on large parcels where improvements may be important to the value estimate but are not affected by the acquisition.<br /> <br /> ::'''Photographs:''' The appraiser shall attach identified color photographs of the appraised property showing all improvements and features affecting the value. Photographs should show details important to the valuation of major and/or affected improvements. Photographs should also show the area of acquisitions including easement areas and their relationships to affected improvements.<br /> <br /> ::'''Floor Plans of Acquired Residential Units And Structures with Internal Walls:''' A floor plan drawing is required when:<br /> <br /> :::*a residential unit is acquired, to aid in the determination of relocation requirements and benefits.<br /> :::*demolition will be required on structures with interior walls.<br /> <br /> ::'''Comparable Sale Map:''' The report shall contain a sales map in sufficient detail to allow the reader to drive to each sale.<br /> <br /> ::'''Sale Data Forms:''' Data books may be utilized in each appraiser’s practice but shall not be submitted to division or referenced in reports. Each appraisal report prepared on the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format] shall contain sufficient documentation, including valuation data and the appraiser's analysis of that data, to support the opinion of value.<br /> <br /> ::Appraisers shall incorporate within the appraisal reports adequate sales and other supporting data to relay the necessary comparative information. Sale data sheets, Forms [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx 236.6.3.5 A] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx B] utilized in the valuation shall be attached to each report. The entirety of information obtained on each sale transaction may exceed the need for each individual report, like income data, etc. Individuals may develop abbreviated sale data sheets that contain only the information necessary for comparison to the subject valuation, with other data retained in the appraiser’s work file.<br /> <br /> ::'''Optional Attachments'''<br /> :::*Cover letters<br /> :::*Tables of Contents<br /> :::*Appraiser Qualifications<br /> :::*Engagement Letter or Notice to Proceed<br /> :::*Legal Instructions, if any shall be retained in the appraiser’s work file and not attached to valuation reports.<br /> <br /> ::'''A. Assumptions and Limiting Conditions'''<br /> <br /> ::[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 236.6.3.1.A) shall be attached to each [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Format] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20Finding%20Appraisal%20Form%20236.6.3.2.docx Value Finding] appraisal, and other valuations where it is deemed appropriate.<br /> <br /> ::'''B. Certificate of Appraiser'''<br /> <br /> ::[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1.B) shall be attached to each Standard Format and Value Finding appraisal, and other valuations where it is deemed appropriate. The Certificate of Appraiser is not used on Waiver Valuations.<br /> <br /> ::'''C. Tenant Summary'''<br /> <br /> ::[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Summary%20of%20Tenant%20Interests%20Form%206.3.1C.pdf Summary Value of Tenant Interests], Form 236.6.3.1.C, shall be prepared and provided to tenant owners of improvements and interests affected by an acquisition. Form 236.6.3.1.C is a summary of tenant information and valuations included in the valuation of the parent property, but is not to be attached to the appraisal or valuation documents provided to the fee owner.<br /> <br /> &lt;div id=&quot;Other Appraisal Considerations&quot;&gt;&lt;/div&gt;<br /> ::'''D. Other Appraisal Considerations'''<br /> <br /> ::The following elements shall be considered and addressed in the appropriate paragraphs of all valuations.<br /> <br /> :::'''1. Americans With Disabilities Act of 1990'''<br /> <br /> :::The intent of this section for the appraiser is to emphasize the importance of the impact of the ADA on real estate valuation. Appraisers must be aware of differences in apparently comparable improved properties due to ADA. It is not intended that appraisers unduly seek out ADA deficiencies in affected and acquired improvements.<br /> <br /> :::The appraiser should be aware of the requirements of Title III of the Americans With Disabilities Act of 1990 and consider its effect on the value of the appraised property. The Act applies to any public accommodation, commercial facility, or private entity that offers examinations or courses related to applications, licensing, certification or credentialing for secondary or post-secondary education, professional or trade purposes. When a public accommodation is located in a private residence that part used for public accommodation is covered by this act, including those elements used to enter the place of public accommodation.<br /> <br /> :::The Act requires removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable, i.e., easily accomplished and able to be carried out without much difficulty or expense. Whether a measure is readily achievable is determined on a case-by-case basis, however, the obligation to remove barriers is a continuing one. What was not readily achievable in the past may become achievable in the future and the Act envisions a gradual removal of barriers and suggests priorities for their removal.<br /> <br /> :::All new improvements after January 26, 1993 must be designed and constructed to be readily accessible and usable by individuals with disabilities. Alterations to existing facilities after January 26, 1993 must to the maximum extent feasible ensure that the altered portions of the facility are readily accessible. When undertaking a cost to cure as part of the damages caused by a property acquisition, the appraiser will have to consider how the acquisition affects accessibility as well as whether the improvement was or should have been in compliance prior to the acquisition.<br /> <br /> :::Subject property shall be inspected on the date of valuation for its compliance or non-compliance with ADA regulations. All comparable sales used in the valuation process should be analyzed as to their compliance or non-compliance to ADA regulations as of the date of sale. If subject property is currently in non-compliance with ADA regulations the appraiser should use similar comparable sales, which are in non-compliance for comparison purposes. It shall be the appraiser's responsibility to estimate the current market value of subject property as it now exists taking into consideration all of its compliance or non-compliance of ADA regulations and making adjustments for either situation. Curing damage to the remainder could trigger requirements of ADA. This must be considered in any after value analysis.<br /> <br /> &lt;div id=&quot;Billboard&quot;&gt;&lt;/div&gt;<br /> :::'''2. Billboard Valuation'''<br /> <br /> :::For further information on the acquisition of billboards, see [[236.16 Outdoor Advertising#236.16.9 Sign Structures/Junkyards Affected by Highway Projects|EPG 236.16.9 Sign Structures/Junkyards Affected by Highway Projects]]. The following definitions are for valuation purposes and are linked to locations where other definitions of the subject are available for different purposes.<br /> <br /> ::::'''A. Definitions:'''<br /> <br /> ::::'''Billboard:''' An outdoor advertising structure that is described within the outdoor advertising industry as a flat surface (panel, wall, or fence, etc.) on which bills are posted. Specifically, a large panel designed to carry outdoor advertising intended or used to advertise or inform of activities conducted away from the premises or services and/or products provided somewhere other than the premises where the structure is located. It advertises an establishment, merchandise, service or entertainment that is not sold, produced, manufactured or furnished at the property on which it is located.<br /> <br /> ::::Billboards along with their supporting structures are considered realty. Billboards should not be confused in the appraisal process with on-premise signs.<br /> <br /> ::::Although billboards are the dominant form of outdoor advertising, other forms such as an outdoor sign, display, device, figure, painting, drawing, message, plaque, or poster may also be considered as outdoor advertising. The valuation of these other forms of outdoor advertising should follow the procedures stated herein.<br /> <br /> ::::For purposes of valuation, the terms billboard and outdoor advertising structure are used interchangeably. [[236.16 Outdoor Advertising|Outdoor advertising]] is defined at [https://revisor.mo.gov/main/OneSection.aspx?section=226.510 226.510 RSMo].<br /> <br /> ::::'''On-premise Sign:''' An on-premise sign advertises activities, services and/or products offered by the establishment on the premises that it is located. On-premise signs may be realty or personalty. On-premise sign is defined at [http://sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7-CSR 10-6.015(25)].<br /> <br /> ::::'''Status of Billboard Structures:''' The status of billboard structures is conforming, conforming out of standard, nonconforming or illegal.<br /> <br /> ::::*'''Conforming Billboard Structures''' comply with all current billboard regulations.<br /> <br /> ::::*'''Conforming Out of Standard Structures''' fail to meet the current statutory and administrative rule requirements but comply with the terms of the federal state agreement and meet the statutory requirements of 1999. (Refer to [[236.16 Outdoor Advertising#236.16.7.3 Conforming Out of Standard|EPG 236.16.7.3 Conforming Out of Standard]]; [http://sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.040(7)]).<br /> <br /> ::::*'''Nonconforming Billboard Structures''' do not comply with all current billboard regulations, but did comply at one time, have a permit, and may remain in place until destroyed. Nonconforming is defined at [http://sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.015(24)].<br /> <br /> ::::*'''Illegal Billboards Structures''' may have a permit, but are damaged, do not comply with current statutes, or have other legal limitations.<br /> <br /> ::::'''Status of Billboard Sites:''' The status of improved billboard sites is either legal or illegal. The status of a permitted but unimproved site will always be legal.<br /> <br /> ::::*'''Legal Billboard Site''' is a location on a property that has attained the legal status for construction of a billboard, including the presence of a qualifying commercial enterprise and spacing from other permitted locations. The Outdoor Advertising Specialist can identify current status and spacing requirements. (See Status below.) If zoned, the zoning must accommodate billboards.<br /> <br /> ::::*'''Illegal Billboard Site''' will generally be associated with a structure that has been erected without a permit, or it is in conflict with a permit regarding location or other issues.<br /> <br /> ::::'''Eliminated Billboard Site:''' If an improved billboard site is within the proposed acquisition area, or otherwise impacted by a project, the site shall be considered eliminated if there is inadequate remaining size, if the qualifying commercial enterprise has been eliminated, adequate spacing is not available, local requirements, or other reasons identified by the appraiser. Limitation of access may impact legal billboard sites.<br /> <br /> ::::'''B. Property Description:'''<br /> <br /> ::::The description of billboards shall include size, structural components, lighting, condition, maintenance, recent renovation and a statement of actual and effective age. All tenant owned billboards shall be identified and described as separate assets from that of the fee holder. Regardless of impact by the acquisition, billboard structures shall be inspected to the extent that they can be adequately described and that valuation may be accomplished if acquired, or a contributory value may be estimated if unaffected by the acquisition.<br /> <br /> ::::For valuation purposes, the size of a billboard site may not need to be identified, as long as the billboard use does not diminish other uses on the land, or other uses on the land do not diminish the additional contributory value as a billboard site or structure.<br /> <br /> ::::The billboard site and each component of the outdoor advertising structure may be under different ownerships. The status of each billboard site and structure, affected by the acquisition, must be reported in the appraisal. (A legal site may contain an illegal structure, etc.) Fee and staff appraisers shall secure information on status of billboards and administrative hearings from the Outdoor Advertising Permit Specialist. District right of way personnel shall request, the Outdoor Advertising Permit Specialist to prepare an Outdoor Advertising Profile Report (ADV Profile Report).<br /> <br /> ::::'''C. Compensation:'''<br /> <br /> ::::Compensation shall be paid for legal sites, conforming structures and non-conforming structures eliminated by an acquisition.<br /> <br /> ::::If a billboard structure or site that is illegal or scheduled for administrative hearing is encountered in the acquisition, consult regional counsel to determine if compensation must be included or omitted in the valuation, and state the findings and conclusion in the report.<br /> <br /> ::::If after the acquisition of an improved billboard site, the remaining spacing is such that one cannot identify which of two or more tracts might be able to obtain a permit for a replacement site, valuations must include compensation for improved sites that are eliminated but may be replaceable, and not speculate on which of several owners might achieve the permit.<br /> <br /> ::::'''D. Valuation:'''<br /> <br /> ::::Federal regulations require that all applicable, relevant and reliable approaches to value be considered in valuing billboards. Therefore, as in the valuation of all property types, all relevant approaches to value are to be considered and included in the report, when practicable. When the landowner also owns the billboard, and the billboard and site are being acquired, contact the Right of Way Section, and additional arrangements will be made for the valuation. The appraiser may estimate the value of billboards and their sites by the most relevant and reliable approach, and include the result in the total overall value. The appraisal must state why any approach is not used.<br /> <br /> ::::The valuation of billboard sites that are part of a larger ownership, may utilize market information from comparable sales of sites or capitalization of rents of comparable sites. This site value conclusion may then be added to or included in the concluded realty value of the overall ownership.<br /> <br /> ::::A special larger parcel valuation situation may arise if the landowner owns the billboard and also advertises the billboard owner's business, service or product, which is provided at other premises. When this ownership combination occurs, and the site and structure are acquired, contact the Right of Way Section and regional counsel.<br /> <br /> ::::'''Sales Comparison Approach:''' A Sales Comparison Approach may be developed using comparable sales of improved billboard sites, improved with structures similar to the subject’s structure. Elements of comparison might include traffic count, height, lighting, proximity to towns or commercial development, direction of travel, visibility, etc.<br /> <br /> ::::'''Income Approach:''' When a billboard acquisition necessitates an income approach, contact Right of Way Section, for additional guidance or arrangements will be made for the valuation. In all ownership combinations, the income derived from the rent received for the land and structure is to be considered in developing an income approach to determine the contributory value of the billboard and supporting land. Income from the sale of advertising displays posted on billboards shall not be considered as income imputable to the realty.<br /> <br /> ::::Comparable rental data can be developed with information from landowners who rent their structure to a second party who places advertising on the structure. Capitalization rates must be supported. Use of the band of investment method of developing a capitalization rate is acceptable.<br /> <br /> ::::In valuing billboard sites, the appraiser shall determine potential economic rent for the subject site. Such rent shall be estimated by comparing the subject site to comparable leased premises. Potential economic rent shall be capitalized at an appropriate rate to determine the current estimated value of the sign site. The appraiser shall explain or support the overall capitalization rate used. Legal status and remaining functional life of the site may impact the selection of the capitalization rate.<br /> <br /> ::::'''Cost Approach:''' The appraiser shall estimate the value of billboards and their sites by the cost less depreciation method and include the result in the total overall value. The Cost Approach shall always be developed, regardless if other approaches are also used. Costs for the structures shall be compiled by the unit in place method, quantity survey method or contractor estimate with depreciation measured by the most appropriate means available. Cost sources are to be supported as defined in [[#Cost Approach|EPG 236.6.3.1.9B]].<br /> <br /> ::::The district is encouraged to contract for cost estimates of replacement or reproduction cost with local sources. It is the appraiser's responsibility to apply estimated depreciation to such estimates to the extent indicated by its current physical condition.<br /> &lt;div id=&quot;Reset Option&quot;&gt;&lt;/div&gt;<br /> <br /> ::::'''Reset Option:''' Signs meeting the reset requirements are classified as Conforming Out of Standard and will be eligible for compensation to reset the sign within the same property or on an adjoining property. One bid will be collected from another sign company supporting the cost of the sign reset. The bid will be included in the appraisal.<br /> <br /> ::::'''Reconciliation:''' The basis for the appraiser’s reconciliation of the approaches to a final value estimate should be based on their consideration of the relative strengths and weaknesses of each approach utilized.<br /> <br /> ::::'''E. Distribution of Fee Holder and Tenant Interest:'''<br /> <br /> ::::The appraisal report shall identify the site’s annual contract rent, remaining term of the lease, and any other provisions pertinent to the income to be received by the landowner. In those cases where the tenant has a lease and the contract rent is less than the economic rent for the sign site, the appraiser shall compute present value of the difference for the remaining lease term. This amount is the leasehold interest. This amount will be subtracted from the landowner’s value of the sign site. The amount shall then be added to the tenant’s interest.<br /> <br /> ::::'''F. Salvage Value:'''<br /> <br /> ::::The appraiser shall determine a salvage value. Salvage value is the probable sale price of an item if offered for sale to knowledgeable buyers, including the previous structure owner, with the requirement that it be removed from the property at a buyer’s expense (i.e. not eligible for relocation assistance). This includes items for re-use as well as items with components that can be reused or recycled when there is no reasonable prospect for sale except on this basis. Assignment of a salvage value for billboard structures should specifically address the previous owner’s ability to utilize or move the salvaged item.<br /> <br /> ::::If the appraiser, in consultation with the Outdoor Advertising Permit Specialist, determines that Legal Billboard Sites are readily available, it is acceptable to estimate the salvage value as the value in place at a potential replacement site minus the cost to relocate the sign to a replacement site.<br /> <br /> ::::'''G. Billboard Valuation Guide:'''<br /> <br /> ::::The following material is provided as a guide to suggest the minimum items of consideration in valuing a billboard and billboard site, which must be incorporated into an appraisal format, in the appropriate sections. Use [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Comparable Lease] (Form 236.6.3.5.C) for reporting all types of leases.<br /> <br /> ::::*Structure Owner<br /> ::::*Site Owner<br /> ::::*Status of the Structure<br /> ::::*Status of the Site<br /> ::::*Permit number and other material from the Outdoor Advertising Permit Specialist.<br /> ::::*Lease Terms: If the lease is not of public record, the appraiser should attempt to secure a copy from the parties. In the event a written lease is nonexistent or unavailable, the appraiser shall make personal inquiry of the parties in an effort to learn of terms and conditions. Data secured from such inquiry shall be entered on the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Comparable Lease] (Form 236.6.3.5.C)<br /> ::::*Property Description<br /> ::::*Valuation<br /> ::::*Distribution of Landowner and Structure Owner Interests<br /> ::::*Estimated Value to the Landowner<br /> ::::*Estimated Value of Billboard Site<br /> ::::*Less Leasehold Interest, if any<br /> ::::*Landowner Interest in the Site<br /> ::::*Estimated Value to the Structure Owner<br /> ::::*Estimated Value of Structure<br /> ::::*Add Value of Leasehold Interest, if any<br /> ::::*Structure Owner Interest<br /> ::::*Salvage Value<br /> <br /> :::'''3. Borrow Easements, Waste Easements or Haul Roads'''<br /> <br /> :::A valuation for an easement for a borrow area or haul road must provide a word picture which would adequately explain what damages will be associated with these easement areas. The description should include the appraiser's understanding of what the site will look like, how much material will have been removed or deposited, what the possible damages to the remainder will be, whether the affected area will be ponded, whether the topsoil will be stockpiled and replaced and whether the area will be seeded and mulched.<br /> <br /> :::If the acquisition involves a borrow easement or haul road, adjustments must be adequately explained.<br /> <br /> &lt;div id=&quot;Damages&quot;&gt;&lt;/div&gt;<br /> :::'''4. Damages'''<br /> <br /> :::Damages as such are not appraised. However, the appraiser shall explain any damages to the remainder property and allocate the difference in the value of the property before and after the acquisition between the value of the acquisition and damages to the remainder. If damages are measured by a cost to cure, the appraiser must justify the cost to cure and demonstrate that the cost to cure is less than the damage would be if the cure were not undertaken.<br /> <br /> :::Rationale for conclusion of damage to remainder due to easements or other damage shall be explained. Losses to remainder value may result from limitation of direct access, proximity of proposed boundary line to improvements, severance, reduction in size of remainder, configuration of remainder, change in grade, and other effects of acquisition.<br /> <br /> ::::'''Noncompensable Damages:''' It is an established principle of law that certain damages, which may occur by reason of a government acquisition of land, are not compensable and, therefore, must be disregarded by appraisers when estimating market value for such acquisitions. Losses of business and relocation expenses have been determined to be noncompensable. Other noncompensable damages include: damage to business, loss of or damage to goodwill, future loss of profits, expenses of moving removable fixtures and personal property, depreciation in value of furniture and removable equipment, frustration of plans, frustration of contractual expectations, loss of customers, and the expense of having to readjust manufacturing operations.<br /> <br /> ::::'''Easements:''' An easement can generally be described as an interest in land of another entitling the owner of that interest to a limited use of the land in which it exists, or a right to preclude specified uses in the easement area by others. An easement is an interest less than the fee estate, with the landowner retaining full dominion over the realty subject only to the easement; the landowner may make any use of the realty that does not interfere with the easement holder’s reasonable use of the easement and is not specifically excluded by the terms of the easement.<br /> <br /> ::::'''Temporary Easements:''' The appropriate measure of value for the acquisition of a temporary easement is the rental value for the term of the temporary easement, adjusted as may be appropriate for the rights of use, if any, reserved to the owner. Damages that result from temporary construction easements are usually based on the economic or market rent of the affected area for the term of the temporary easement. Usually, the land area affected is so small and the term of the temporary easement so short that compensation for the temporary construction easements is nominal. As a result, many agencies and appraisers have adopted a '''shortcut''' for its estimation. A reasonable return rate, rather than the economic or market rent based on comparable rentals, is estimated and applied to the encumbered land’s fee value for the term of the temporary easement. The rent loss or appropriate return is often not converted to a present value through the application of a discount rate because of the short term of the temporary easement and the nominal nature of the indicated rent loss.<br /> <br /> ::::Even though technically incorrect this shortcut is generally acceptable because of the nominal nature of the temporary construction easements acquisition and the cost and time savings associated with the short cut. However, appraisers must recognize that the short cut methodology will be found unacceptable if the indicated compensation is more than nominal.<br /> <br /> ::::In estimating and approving just compensation for temporary easements, the appraiser/reviewer must consider the impact on the use of the area of the property in the temporary easement and the impact of the temporary easement on the remainder.<br /> <br /> ::::Impacts within the temporary easement area can have impact for the duration of the occupancy/use by the contractor, the duration of the anticipated construction time of the project, or the duration of the encumbrance of the temporary easement on the property.<br /> <br /> ::::Temporary easements that impact only during the contractor occupation include driveway reconnection easements, construction of curbs, removal of items, etc. Although a contractor may be on a temporary easement area during different times, (Example: removal, grading, sub-grade, and paving) the appraisal may consider merely the total of time the area is disturbed for construction, when making the calculation for compensation. Unless otherwise indicated, the appraiser is to assume that owners/customers are provided reasonable access to property during construction.<br /> <br /> ::::Temporary easements that impact during the duration of the anticipated construction for the project include temporary bypasses, slope cuts, (slope fills require permanent easement) borrow easements, work and turn areas on parking lots, construction of retaining walls, etc.<br /> <br /> ::::Temporary easements that impact for the duration of the temporary easement encumbrance include large temporary easements on vacant land with development potential, temporary easements that occupy large areas or large proportions of front yards, borrow or waste easements, or any application of easement that might impact market value or the marketability of the property. The duration of the project may include time beginning at the anticipated acquisition, and time until anticipated letting, construction time until anticipated acceptance of the project, which would release the rights in the temporary easement area.<br /> <br /> ::::Temporary easements that may result in damage to remainder outside the actual temporary easement area include temporary loss of access or use of part or all of the property, undesirable borrow areas, etc. MoDOT accepts compensation for temporary easements at 10% of fee value per year, applied to one of the durations discussed above. Appraisal reports must include explanation of the duration used and why that duration was utilized. Different durations may apply to different temporary easement areas on an individual property. Use of other percentages requires analysis and explanation.<br /> <br /> ::::'''Third Party Appurtenant Easements:''' This section applies to the proper measure of value for a third party appurtenant easement that is acquired or extinguished as an incident of an acquisition of the servient estate (fee acquisition of property through which an easement of access connects a third party’s parcel to the highway). The third-party easement owner has a separate estate that must be separately appraised. In such cases, the easement owner is not limited to the value of the easement acquired, but is entitled to the value diminution of the property served by the easement. Accordingly, two appraisal assignments are required; a before and after appraisal of the easement interest and the property it serves (the before appraisal including the easement interest and the land it serves and the after appraisal excluding those interests acquired.) and a second appraisal assignment covering the land being acquired, as encumbered by the easement. This second appraisal would also require a before and after appraisal if only a portion of this larger parcel is to be acquired<br /> &lt;div id=&quot;Costs to Cure&quot;&gt;&lt;/div&gt;<br /> ::::'''Costs to Cure:''' The Commission’s intent is to make the property owners “whole” in the after condition. As such, if the affected property had previously been surveyed by the current or previous property owners, district right of way shall ensure that this element has been addressed. One way to address this element is by including a cost-to-cure line item in the appraisal to cover the costs the property owners will incur to have a new boundary survey prepared. This element may also be addressed by coordinating with the district PLS to monument the new limits of their remaining property. [[238.2 Land Surveying#238.2.14.3 Monumenting Landowner's Property Lines When Requested|EPG 238.2.14.3 Monumenting Landowner's Property Lines When Requested]] contains further guidance related to MoDOT taking responsibility for monumenting the property owners’ new property line.<br /> <br /> ::::Other methods may be used to address those properties that currently have the benefit of a boundary survey, as long as the property owner is considered by MHTC “whole” in the after condition.<br /> <br /> ::::Cost to cure items may include wells and water systems, septic or sewer systems, waterways, terraces, fencing for boundary lines along relocated highways, etc. Costs for such items shall be based on contractor estimates or other appropriate cost sources.<br /> <br /> ::::The estimated cost to move a building improvement shall not be used as a measure of consequential damage in the Value Finding format, unless authorized in the Scope of Assignment.<br /> <br /> :::'''5. Dedication Requirement'''<br /> <br /> :::When performing appraisals within corporate limits or in zoned areas, the appraiser must research the zoning ordinances, and/or subdivision regulations, to reveal if properties subject to acquisition could be required to make a dedication of land in exchange for zoning change or development plans, to achieve the highest and best uses that are anticipated to be suggested in appraisal reports. If such ordinances and/or regulations are discovered, their impact must be addressed and reflected in valuations.<br /> <br /> :::Indications of dedication in existing ordinances, plats, deeds or other conveyances must contain the proper language to effect a proper dedication. The wording &quot;reserved for future highway&quot; will not rise to the level of a lawful dedication. The wording &quot;dedicated to the Missouri Highway and Transportation Commission (or its predecessor title State Highway Commission of Missouri) for public use forever&quot; or like wording must be used. Consult your regional counsel regarding the effectiveness of any particular wording. See [[236.4 Description Writing and Titles#236.4.6.4(k)|Description Writing ]] and [[236.5 Property Management|EPG 236.5 Property Management]].<br /> <br /> :::'''6. Environmental Considerations'''<br /> <br /> :::The appraiser is responsible for reporting any observed or suspected indications of contamination by hazardous materials or waste and the presence of other environmental considerations such as wetlands<br /> <br /> ::::'''A. [[127.8 Hazardous and Solid Waste|Hazardous Materials or Waste]]:'''<br /> <br /> ::::When developing the scope of assignment, the assistant right of way manager - certified will review the [[127.1 Request for Environmental Services|Request for Environmental Services]] (RES) and data sheets to determine the appropriate level of data and analysis to be conducted by the appraiser.<br /> <br /> ::::For valuation of known contaminated properties, appraisers will typically be asked to value a property as if clean, from clean sales, as a special hypothetical condition. Clean up costs, if known, may be handled administratively or by the appraiser. Clean-up costs that may have been future or speculative to the owner may be immediately imposed by the project and therefore wholly or partially compensable, depending on the circumstance.<br /> <br /> ::::Because of the serious impact of contamination by hazardous materials or waste, it often affects major decisions by Planning, Right of Way and Design groups. In many cases this problem has been identified before the property acquisition phase of a project. If, prior to completion of the appraisal assignment, an environmental assessment and cleanup cost estimate have been done on a contaminated subject property the effect, if any, of cleanup cost on the value of the property must be considered in the appraisal.<br /> <br /> ::::There will be instances in which contamination has not been detected by the time an inspection for appraisal is made. In the absence of specific instructions, appraisers are not required to do, or to cause to have done, environmental assessments of subject properties, and it is expected that a disclaimer stating the appraisers' lack of expertise in this field will be included in the appraisal report. However, the appraiser is responsible for observing and reporting obvious indications of potential contamination.<br /> <br /> ::::If contamination is suspected, appraisers should photograph the suspect area include in the descriptive sections of their reports the circumstances or features that they feel indicate potential problems and clearly state that the possibility of contamination exists. They should include statements to the effect that &quot;the value conclusion assumes that the property is not contaminated and if it is later found to be, the value estimate could change.&quot;<br /> <br /> ::::It is not the intention of this instruction to give comprehensive procedures for inspecting properties for contamination, but to offer appraisers some guidance.<br /> <br /> ::::The current use or historic uses of a property can be strong indicators of possible contamination. Some examples of uses that should alert the appraiser include:<br /> <br /> ::::*Vehicle repair, maintenance or salvage;<br /> ::::*Electroplating and/or metal fabricating;<br /> ::::*Chemical manufacture, storage or sales;<br /> ::::*Petroleum related storage, transportation or sales; Trucking; Manufacture, storage and/or sales of agricultural chemicals.<br /> <br /> ::::Site and improvement characteristics to look for include:<br /> <br /> ::::*Tanks, pits, lagoons, ditches, pipes, piles, containers, etc.;<br /> ::::*Containment structures such as berms or dikes;<br /> ::::*Wastewater treatment facilities;<br /> ::::*Recent unexplained ground disturbance;<br /> ::::*Color variation in soils or barren soil;<br /> ::::*Water with surface staining or sheen;<br /> ::::*Dead or dying vegetation.<br /> <br /> ::::Potential asbestos containing materials include:<br /> ::::*Sprayed-on fireproofing;<br /> ::::*Pipe wrap; Friable tape;<br /> ::::*Acoustical plaster; Shingles;<br /> ::::*Floor tile.<br /> <br /> ::::Other possible indications of hazardous materials or waste:<br /> ::::*Odors,<br /> ::::*Peeling paint,<br /> ::::*Urea-formaldehyde foam insulation.<br /> <br /> ::::These features or characteristics do not necessarily indicate contamination but should alert appraisers to the possibility. Once alerted, appraisers should include questions about the historic use of the property in interviews with owners, operators, city officials, real estate practitioners and others as they proceed with normal data research, and include their findings in their appraisal reports.<br /> <br /> ::::'''B. [[127.4 Wetlands and Streams|Wetlands]]:'''<br /> <br /> ::::The U.S. Army Corps of Engineers and the Environmental Protection Agency define wetlands as follows: &quot;A wetland is a type of water of the United States subject to Section 404 of the Clean Water Act. Other such waters include lakes, ponds, streams (including intermittent streams), rivers, creeks, springs, territorial seas, other tidal waters, and other bodies of open water. The term wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support and that, under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Also, wetlands are generally distinguished from other waters of the United States in that they normally support vegetation.&quot; The U.S. Department of Interior, Fish and Wildlife Service defines wetlands as &quot;Land where water is the dominant factor determining the nature of soil development and the types of plant and animal communities living in the soil or on its surface.&quot;<br /> <br /> ::::At this time there is no comprehensive mapping or inventory of existing wetlands. The U.S. Soil Conservation Service can provide soil classification maps that note hydric soils (potential wetlands) and the Fish and Wildlife Service has National Wetland Inventory maps which also delineate potential wetlands but do not make a final determination. Three basic characteristics are considered in making a determination if an area is wetland:<br /> <br /> ::::*hydrology,<br /> ::::*vegetation,<br /> ::::*and soil.<br /> <br /> ::::If an area is in a floodplain or otherwise has low spots in which water stands at or above the soil surface for more than seven consecutive days during the growing season and/or has plant communities that commonly occur in areas having standing water for part of the growing season (gum swamps, cordgrass, marshes, cattail marshes, bulrush and tule marshes, and sphagnum bogs) and/or has soils that are called peats or mucks there is a high probability that it is wetland, a determination of which must be reached by a more detailed investigation of soils and plant life.<br /> <br /> ::::When MoDOT appraisers are dealing with wetland in an acquisition the wetland area will have been defined by the Design Division. The appraiser's challenge is to find comparable sales that are also wetland. Because of the detailed investigation by specialists required to determine the presence of wetland as defined, and because this investigation is normally only done when construction or development is planned, the appraiser will not normally know whether a sale has wetland. The appraiser can, however, determine if some of the wetland-indicating conditions as stated above are present. If some or all of these conditions are present in a rural or low-density developed area it is likely that valid comparisons can be made between the subject and the comparable sales based upon the utility of the land. If the subject and sales are in an area where the highest and best uses are for development then the determination of wetland classification may be critical to the valuation process. A sale, for example, which is marshy land but not classified as wetland, may be developable at typical cost by filling while a similar tract, which is classified as wetland may not be developable or may be only at significantly increased cost due to requirements of Section 404 of the Clean Water Act.<br /> <br /> :::'''7. Fence'''<br /> <br /> ::::'''Permanent Fence:''' Fence should be described in sufficient detail to allow an estimate of its contributory value and/or to allow development of a cost estimate for replacement. The fencing cost estimate may be supported by a contractor's estimate or fencing cost schedule. Appraisers are encouraged to seek contractor’s estimates, especially on larger and complex fence situations.<br /> <br /> ::::The appraisal should include compensation for replacement of all fencing, by like kind at actual new cost, along the proposed boundary line, which is necessary for the subject property to attain its highest and best use or contributes to that use.<br /> <br /> ::::Compensation for fence that may not contribute to the fulfillment of the highest and best use may be considered. Fence may have interim use value, depreciated in place value, salvage value (value of salvage exceeds cost of removal), no value (removal cost equals salvage value) or negative value (removal cost exceeds salvage value). The analysis should be clear as to which valuation premise is being used.<br /> <br /> ::::Fence that is acquired as a result of widening should be considered as an improvement acquired and may be valued at its contributory value or replacement cost depending on whether it must be replaced. A requirement for fence where there was none before, due to a realignment or other reason, should be considered consequential damage and valued by the cost to cure.<br /> <br /> ::::The appraisal shall include compensation for appropriate costs of fencing the boundary line in all areas where the ownership was previously fenced, even if plans indicate the contractor will fence the boundary line. Appraiser shall include all normal costs as if the contractor was not fencing. This provision applies to permanent fence and temporary fence; as well as borrows and haul roads if MoDOT will acquire the borrow area.<br /> <br /> ::::'''Temporary Fence:''' Temporary fencing of easements should be included as cost to cure. Estimated costs of temporary fencing should be consistent with its temporary nature.<br /> <br /> ::::Temporary fencing of easements not provided by the contractor should be included as cost to cure. Estimated costs of temporary fencing should be consistent with its temporary nature.<br /> <br /> ::::Temporary fencing of easements is required when livestock containment is an issue, even if the plans indicate the contractor will provide such fence. For reasons of highway safety and potential liability claims, compensation should provide temporary fence in like kind to the existing fence, up to and including woven wire. The value of board or decorative fence would be compensated for in like kind for the permanent fence, but would not be appropriate compensation measure for temporary fence.<br /> <br /> :::'''8. [[127.2 Historic Preservation and Cultural Resources|Historic and Archaeological Considerations]]'''<br /> <br /> :::Normally, properties with historic or archaeological significance will have been identified in the project design phase. If in the course of inspection or research the appraiser becomes aware of new facts indicating that a subject may be a historically or archaeologically significant site these facts should be reported to the district right of way manager for communication to other divisions with responsibility for dealing with them. Archaeological sites will likely be explored and artifacts removed before any effects by the project, and will normally not be considered in any appraisal of the property. Once a determination has been made to acquire a historic building for a project, it should be dealt with as a typical appraisal problem by taking into account all factors that affect value. Historic characteristics of a building may have positive, negative or no impact on value depending primarily upon market reaction to laws regulating the building's use and maintenance, and should be dealt with as part of the appraisal problem.<br /> &lt;div id=&quot;Manufactured Homes&quot;&gt;&lt;/div&gt;<br /> :::'''9. Manufactured Homes'''<br /> <br /> :::In general, manufactured/mobile homes shall be considered realty if owned by the fee holder and assessed as realty. They shall be considered personalty if the tenant owns the mobile home but not the land in which the mobile home is sitting on. For additional definition of mobile home, see [[236.8 Relocation Assistance Program#(cc) Mobile home|EPG 236.8.1.3.cc]], and [https://www.law.cornell.edu/cfr/text/49/24.2 49 CFR 24.2(a) 17].<br /> <br /> :::If personalty, the manufactured/mobile homes shall be noted in the appraisal report but not valued. Personalty will be covered under relocation (see [[236.8 Relocation Assistance Program|EPG 236.8]]).<br /> <br /> :::'''10. Moving Improvements as a Measure of Damage'''<br /> <br /> :::Use of the estimated cost to move a building improvement as a measure of proximity or other consequential damage must be supported by contractor estimates and analysis of market data to show feasibility. The value of the improvement if moved must be significantly greater than the after value in-place plus the cost to move. The use of this method is limited to those situations in which moving an improvement appears to be an action that a typical prospective buyer might consider. When this method of analysis is chosen both a sales comparison and cost approach should be done and the added value and extended economic life due to new components such as foundation, plumbing, wiring, etc. must be recognized in the after value conclusion.<br /> <br /> :::'''11. On-premise Signs'''<br /> <br /> :::If a partial acquisition requires removal of on premise signs, including logo or trademark signs, such signs are to be handled under [[236.8 Relocation Assistance Program|Relocation]].<br /> <br /> :::If a business operation will be totally acquired, all on premise signs are to be valued as real estate and offered back to the owner at salvage value. An exception would be made, however, for those situations in which the business operation is to relocate to another location and wants to utilize an existing sign. In such cases a sign may be handled under [[236.8 Relocation Assistance Program|Relocation]].<br /> <br /> &lt;div id=&quot;12. Personalty Items and Fixtures&quot;&gt;&lt;/div&gt;<br /> :::'''12. Personalty Items and Fixtures'''<br /> <br /> :::The appraisal report should identify the items considered in the appraisal to be real property, as well as those identified as personal property. See [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR 24.103(a)(1)] and [[#USPAP|USPAP Standard Rule 1-2 e iii]]. This requirement may be met by identifying fixtures included in the realty value. Identify fixtures or personalty that might be considered a fixture, which the owner desires to retain, and exclude those elements from the realty value. Examples include freestanding appliances, restaurant equipment, industrial machines, etc. To avoid duplication of payments in the relocation program, the appraiser may need to coordinate with the relocation specialist and legal counsel to ensure proper allocation of complex fixture and personalty items.<br /> <br /> :::LP tanks owned by the fee holder are to be considered realty and included in the value estimate, unless the owner desires to have the fixture moved under the relocation program. Leased or tenant owned LP tanks are to be considered personal property and not valued.<br /> <br /> :::Satellite dishes including all in-ground components are to be considered as personal property and not valued.<br /> <br /> :::'''13. Project Influence'''<br /> <br /> :::As contained in [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR Section 24.103(b)] (February 1, 2005), &quot;The appraiser shall disregard any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired or by the likelihood that the property would be acquired for the project, other than that due to physical deterioration within the reasonable control of the owner.&quot;<br /> <br /> &lt;div id=&quot;Special Benefits&quot;&gt;&lt;/div&gt;<br /> :::'''14. Special Benefits'''<br /> <br /> :::Special Benefits are those benefits accruing to the land adjacent to the public improvements, which do not accrue to the public at large.<br /> <br /> :::Special benefits reflected in an appraisal must be supported with concurrence from district counsel by letter retained in the appraisal work file.<br /> <br /> :::It is the policy of MoDOT that no single-family dwelling that has contributory value, whether occupied or unoccupied at the effective date of appraisal or date of acquisition, shall be compensated at less than its contributory value due to the assessment of special benefits, and that no occupied dwelling shall be compensated at less than its value for residential highest and best use.<br /> <br /> :::If there are special benefits to a remainder and an occupied or vacant dwelling which has value in the before situation is to be acquired, the [http://eprojects/Templates/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment] shall instruct the appraiser to do a cost approach in addition to any other applicable approaches so that a value estimate for the improvement is set out. If the estimate of just compensation of the appraisal is less than the value of the dwelling and residential outbuildings such as detached garages and/or storage sheds, and a typical supporting site the reviewer shall approve compensation in at least the amount of the estimated value of the dwelling, associated residential outbuildings and supporting site.<br /> <br /> :::If there are special benefits to a remainder and an occupied dwelling which has no contributory value in the before situation is to be acquired, the Scope of Assignment shall instruct the appraiser to provide a value estimate for the dwelling and residential outbuildings such as detached garages and/or storage sheds, and a typical supporting site as if the highest and best use was residential, in addition to the value estimate resulting from dealing with the appraisal problem in the normal manner. Approved compensation shall be at least the value of the dwelling, associated outbuildings and supporting site.<br /> <br /> :::If there are special benefits to a remainder and an unoccupied dwelling which has no contributory value in the before situation is to be acquired, the property shall be appraised for its highest and best use in both the before and after situation with no special consideration being given the improvements.<br /> <br /> :::'''15. Blank'''<br /> <br /> :::'''16. Units of Comparison'''<br /> <br /> :::In markets where analysis by front foot indicators is considered appropriate, value indications by area (square foot or acre) shall also be included in comparative data and analyses.<br /> <br /> &lt;div id=&quot;USPAP&quot;&gt;&lt;/div&gt; <br /> :::'''17. Uniform Standards of Professional Appraisal Practice'''<br /> <br /> ::::'''[[#Compliance Statement|USPAP Compliance Statement]]:''' This statement is to be used in [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard], [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR], and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20Finding%20Appraisal%20Form%20236.6.3.2.docx Value Finding] formats. See [[#236.6.3.3 Waiver Valuation|EPG 236.6.3.3]] for the USPAP Compliance Statement to be used with Waiver Valuations.<br /> <br /> ::::Uniform Standards of Professional Appraisal Practice (USPAP) provide the common basis for all appraisal practice and reflects the current standards of the appraisal profession. Supplemental standards applicable to assignments prepared for specific purposes may be issued by government agencies that establish public policy. This manual represents MoDOT’s supplemental standards.<br /> <br /> ::::USPAP addresses the ethical and performance obligations of appraisers through definitions, rules and standards. The definitions establish the application of certain terminology. The Ethics Rule sets forth the requirements for integrity, impartiality, objectivity, independent judgment and ethical conduct. The Competency Rule presents pre-assignment and assignment conditions for knowledge and experience. The Jurisdictional Exception Rule preserves the balance of USPAP if a portion is contrary to law or public policy of a jurisdiction. The Supplemental Standards rule provides the means for government agencies that establish public policy to augment USPAP. The Standards establish the requirements for appraisal, appraisal review and the manner in which each is communicated. In performing assignments for the MoDOT and Missouri Highways and Transportation Commission, appraisers are bound by these USPAP standards and rules.<br /> <br /> ::::USPAP Standards Rule 1-4 when applicable In developing a real property appraisal, an appraiser must collect, verify, and analyze all information necessary for credible assignment results MoDOT has determined, through the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment], the formats and approaches to value which are applicable, that is, the approaches which are necessary to produce a credible appraisal for valuing property or property rights to be acquired for the Missouri Highways and Transportation Commission purposes or for disposal of this property or property rights.<br /> <br /> ::::As an agency of the government of the State of Missouri with the power to make administrative rules with the force of law, MoDOT’s policy in this matter falls under the Jurisdictional Exception and explanation by the appraiser that the approaches to value are those required by the Scope of Assignment is adequate explanation and support for the exclusion of any of the usual valuation approaches.<br /> <br /> ::::It is not the purpose of MoDOT to circumvent USPAP in utilizing abbreviated report formats or requiring less than three approaches to value. Rather, the purpose of this procedure is to keep the authority for making the decision on which approaches to value shall be done on an administrative level. The appraiser has the responsibility to request a change in the Scope of Assignment if field inspection reveals that the appraisal problem is substantially different than described in the Scope of Assignment and the approaches called for do not adequately deal with the problem.<br /> <br /> ::::Through the Scope of Assignment process, the agency and the appraiser have determined that the appraisal process to be performed will provide a credible report. The review process finally assures that a credible report has been accomplished for the intended use.<br /> <br /> ::::Not all specific requirements of USPAP are applicable to every assignment. Typical practice for a given assignment is measured by the expectations of parties who are regularly intended users for similar assignments, participants in the market of appraisal services, and what an appraiser’s peers’ actions would be in performing the same or a similar assignment.<br /> <br /> ::::'''Jurisdictional Exception:''' Section A of the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA) notes that the Standards conform to Uniform Standards of Professional Appraisal Practice (USPAP), but that, in certain instances, it has been necessary to invoke USPAP’s Jurisdictional Exception Rule to conform the UASFLA to federal law relating to the valuation of real estate for government acquisition purposes. The following identifies the areas of the UASFLA that deviate from USPAP under the Jurisdictional Exception Rule.<br /> <br /> ::::USPAP’s Jurisdictional Exception Rule provides that &quot;if any part of USPAP standards is contrary to the law or public policy of any jurisdiction, only that part shall be void and of no force or effect in that jurisdiction&quot;. By way of explanation, the comment section of USPAP’s Jurisdictional Exception Rule further provides: &quot;By logical extension, there can be no violation of USPAP by an appraiser disregarding, with proper disclosure, only the part or parts of USPAP that are void and of no force and effect in a particular assignment by operation of legal authority&quot;. The comment also states, however, that &quot;it is misleading for an appraiser to disregard a part or parts of USPAP as void and of no force and effect in a particular assignment without identifying in the appraiser’s report the part or parts disregarded and the legal authority justifying this action&quot;.<br /> <br /> ::::The conflicts between the UASFLA and USPAP that require invocation of USPAP’s Jurisdictional Exception Rule are minimal. Invocation of the Jurisdictional Rule should never be invoked lightly, or without reference to the overriding federal policy, rule, or regulation, which requires it. USPAP is not a particularly restrictive document, but it and the UASFLA require full and prominent disclosure to avoid misleading intended users (or even casual readers) of the appraisal report.<br /> <br /> ::::While the UASFLA standards are not themselves law, they are based on federal case law, legislation, and administrative rules. Also, the UASFLA standards have been specifically incorporated by reference into a number of statutes and regulations, in particular the regulations that implement the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. It is clear that the deviations between the UASFLA and USPAP noted below fall under USPAP’s Jurisdictional Exception Rule; the legal authority justifying these exceptions consists of the UASFLA and the federal case law, legislation, and federal regulations upon which the UASFLA are based.<br /> <br /> ::::*'''Linking Estimate of Value to Specific Exposure Time'''<br /> :::::Section A-9 of the UASFLA provides that the appraiser shall not '''link''' an estimate of market value for federal land acquisition purposes to a specific exposure time. This is contrary to USPAP Standards Rule 1-2 and Standards Rule 2-2, and is considered a jurisdictional exception. The legal basis and reasoning for this jurisdictional exception may be found in Section B-2 of the UASFLA.<br /> <br /> ::::*'''Consideration of Land Use Regulations and Anticipated Public Projects'''<br /> :::::Section A-12 of the UASFLA provides that the appraiser disregard any changes in a property’s neighborhood brought about by the government’s project. Section A-13h of the UASFLA further instructs appraisers that they must disregard recent rezoning (or the probability of rezoning) of the property under appraisal if such action was the result of the government’s project. Section B-10 of the UASFLA, “Enhancement or Diminution in Value Due to the Project,” explains the legal basis for these instructions. These instructions are contrary to USPAP Standards Rule 1-3(a), which requires appraisers to identify and analyze the effect on use and value of existing land use regulations and probable modifications thereof, and to Standards Rule 1-4(f), which requires appraisers to analyze the effect on value of anticipated public improvements located on or off site. Therefore, the instructions to appraisers in the UASFLA in this regard are considered jurisdictional exceptions.<br /> <br /> ::::*'''Review Functions'''<br /> :::::Section C-5 of the UASFLA notes that 49 C.F.R. 24.104 requires the reviewer to determine whether the appraisal under review constitutes an adequate basis for the establishment of an offer of just compensation. To do that, it may be necessary for the reviewer to consider information that was not available to the appraiser at the time the appraisal report was prepared. Standards Rule 3-1(c) of USPAP prohibits the reviewer from using information not available to the appraiser in development of an opinion as to the quality of the appraisal report under review. Review appraisers are cautioned that some may construe their consideration of such information in conducting their review and developing recommendations to management as contrary to Standards Rule 3-1(c). Therefore, review appraisers may wish to invoke USPAP’s Jurisdictional Exception Rule in this regard, depending upon the specific circumstances of the review.<br /> <br /> :::::As noted in Section C-1 of the UASFLA, administrative reviews are not subject to USPAP and do not meet the requirements of 49 C.F.R. 24.104. In addition, Draft Appraisal Reports are not subject to USPAP, even though they may be reviewed for general conformance therewith, as well as conformance with the UASFLA. However, a technical review report covering a draft appraisal report does fall under the purview of USPAP and the UASFLA. However, the review appraiser typically does not approve, recommend for approval, disapprove, accept, or reject a draft appraisal report. Draft appraisal reports, for purposes of the UASFLA, are written appraisal reports, or parts thereof, which are not signed by the appraiser and do not include a signed appraiser’s certificate, or a signed letter of transmittal.<br /> <br /> ::::*'''Conduct of Preliminary Value Estimates and Appraisals for Federal Land Exchanges''' <br /> :::::As noted in Section D-7 of the UASFLA, a preliminary value estimate prepared under 43 C.F.R. 2201.1(b) is not considered an appraisal even though it may be prepared by a qualified appraiser. Therefore, the preparations of such preliminary value estimates are a jurisdictional exception to USPAP.<br /> <br /> ::::*'''Specific Legislation and Regulations'''<br /> :::::Each land acquisition agency has its own policies, rules, and regulations relating to its land acquisition activities. While all of these rules and regulations work from a base of 49 C.F.R. Pt. 24, as do the UASFLA, specific agency program activities sometimes make it necessary to adopt rules and regulations which are, or may be construed to be, contrary to USPAP.<br /> <br /> ===236.6.3.2 Value Finding Appraisal Format===<br /> <br /> The instructions for the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format] (Form 236.6.3.1) are the source for general appraisal guidance on all the formats. The following instructions are specific to the Value Finding Appraisal Format.<br /> <br /> Use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20Finding%20Appraisal%20Form%20236.6.3.2.docx Value Finding Appraisal Format] (Form 236.6.3.2) is allowed when:<br /> <br /> *the acquisition is simple<br /> *fair market value can adequately be estimated by the sales comparison approach with only minor adjustments<br /> *damage to the remainder can be measured by the cost to cure or is consequential damage not exceeding $25,000 per element of damage, unless authorized by a policy waiver from Right of Way Section. Damages due to simple strip permanent or temporary easements and cost to cure items when valued by a reliable cost manual or contractors’ estimate are not subject to the $25,000 damage limit in the value finding format.<br /> *the highest and best use is the present use and is not materially affected by the acquisition. Change in highest and best use resulting from a nominal uneconomic remnant is allowed in this format.<br /> <br /> Use of the Value Finding Appraisal Format, Form 236.6.3.2 is '''not''' allowed:<br /> <br /> *when there is consequential damage exceeding $25,000 to a structural improvement, unless authorized by a policy waiver from Right of Way Section (see [[#Damages|EPG 236.3.1.D Damages]]).<br /> *when residences are to be acquired, unless authorized by a policy waiver from Right of Way Section.<br /> <br /> Any waiver from the above restrictions of the Value Finding Format must be obtained in writing from Right of Way Section.<br /> <br /> ====A. Instructions For Preparing Value Finding Appraisal Format====<br /> <br /> The appraiser shall adhere to the following format, and shall include paragraph headings and numbers as shown. The appraisal shall be typewritten on 8 1/2&quot; x 11&quot; paper with the pages numbered sequentially.<br /> <br /> These format instructions set out appraisal requirements of the Missouri Department of Transportation (MoDOT) and the Federal Highway Administration (FHWA). It is inevitable that appraisers will occasionally encounter situations that are not specifically addressed herein. In all cases the appraiser is responsible for a credible, adequately documented appraisal. Reasonableness and typical professional appraisal practices are the standard.<br /> <br /> There are a number of ownership items and appraisal problems frequently encountered in appraising for property acquisition, on which policies have been established by case law, management decision and precedent. These policies apply to all appraisal formats and are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1.D, Other Appraisal Considerations]].<br /> <br /> See [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|EPG 236.6.3.1]] for the standard identification block<br /> <br /> :'''1. Owner and Tenant Owner'''<br /> <br /> :See [[#Owner and Tenant Owner|Owner and Tenant Owner]] for instructions.<br /> <br /> :'''2. Purpose of Appraisal'''<br /> <br /> :See [[#Purpose of Appraisal|Purpose of Appraisal]] for instructions and all standard language for this paragraph.<br /> <br /> :'''3. Interest Appraised'''<br /> <br /> :See [[#Interest Appraised|Interest Appraised]] for instructions.<br /> <br /> :'''4. Scope of Work'''<br /> <br /> :See [[#Scope of Work|Scope of Work]] for instructions.<br /> <br /> :The Scope of Work for a Value Finding Appraisal Format is the same as that of a Standard Appraisal Format. However, due to the simplicity of the impact on the appraised property as determined in the Scope of Assignment, the required reporting level is reduced in the Value Finding report.<br /> <br /> :'''5. Identification of the Property'''<br /> <br /> :See [[#Identification of the Property|Identification of the Property]] for instructions.<br /> <br /> :'''6. History of the Property'''<br /> <br /> :See [[#History of the Property|History of the Property]] for instructions.<br /> <br /> :'''7. Description of Realty Before Acquisition'''<br /> <br /> :See [[#Description of Property Before Acquisition|Description of Property Before Acquisition]] for instructions.<br /> <br /> ::'''A. Zoning:'''<br /> <br /> ::*Code <br /> ::*Category<br /> ::*Compliance<br /> <br /> ::'''B. Land:'''<br /> <br /> ::For the Value Finding format, the land description should concentrate on areas in the acquisition and areas affected by the acquisition. Unaffected areas may require little or no description.<br /> <br /> ::*Access Before Acquisition:<br /> ::*Utilities In Use Before Acquisition:<br /> ::*Utilities Available Before Acquisition:<br /> <br /> ::'''C. Fee Owned Improvements, Fixtures and Personalty:'''<br /> <br /> ::See [[#Description of Property Before Acquisition|EPG 236.6.3.1.7C]] for instructions for Fee Owned Improvements, Fixtures and Personalty. If unaffected by the acquisition, improvements shall be inspected to the extent that they can be adequately described. The appraiser may estimate the contributory value of unaffected improvements without support.<br /> <br /> ::This format shall not be used when there is consequential damage exceeding $25,000 to a structural improvement. If there will be consequential damage to a structural improvement, include a detailed description of the affected improvement in this paragraph and explain damage applied in Paragraph 9.<br /> <br /> ::*Fixtures and Personalty ([[#12. Personalty Items and Fixtures|EPG 236.6.3.1.19.D.12]] and [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR Subpart B 24.103 (a)]<br /> <br /> ::'''D. Tenant Owned Improvements, Fixtures and Personalty:'''<br /> <br /> ::See [[#Description of Property Before Acquisition|EPG 236.6.3.1.7D]] for instructions for Tenant Owned Improvements, Fixtures and Personalty. See also [[#12. Personalty Items and Fixtures|EPG 236.6.3.1.19.D.12]] and [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR Subpart B 24.103 (a)].<br /> <br /> ::'''E. Other Appraisal Considerations:'''<br /> <br /> ::Methods and directions for addressing other property elements are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> :'''8. Highest and Best Use'''<br /> <br /> :For a Value Finding appraisal, a statement of the highest and best use conclusion is sufficient. A concluded highest and best use in conflict with existing zoning must be explained. The Value Finding Appraisal Format requires that the highest and best use of an improved property be the current use and that the highest and best use is not affected by the acquisition.<br /> <br /> :For additional information on highest and best use, see [[#8. Highest and Best Use Analysis Before Acquisition|Highest and Best Use Analysis Before Acquisition]].<br /> <br /> :'''9. Description of the Acquisition and Effects on the Remainder'''<br /> <br /> :For a Value Finding appraisal, include the area of new acquisition and/or easements, and briefly describe their location, configuration and relation to improvements or other important characteristics of the property. See [[#Description of Property Before Acquisition|Description of Property Before Acquisition]] and [[#Description of Property After Acquisition|Description of Property After Acquisition]] for instructions on Utilities and Access.<br /> <br /> :*Access After Acquisition:<br /> :*Impact on Utilities:<br /> :*Utilities In Use After Acquisition:<br /> :*Utilities Available After Acquisition:<br /> <br /> :'''Other Appraisal Considerations:'''<br /> <br /> :Methods and directions for addressing other property elements are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> :'''10. Analysis and Supporting Data for Compensable Losses'''<br /> <br /> ::'''A. Analysis of Overall Land Value:'''<br /> <br /> ::In a Value Finding appraisal, a minimum of one unimproved sale comparable to the subject as if the subject was unimproved, shall be considered when arriving at an overall unit value, unless a different requirement of sale date is specified in the Scope of Assignment. See [[236.6 Appraisal and Appraisal Review#236.6.3.5 Instructions for Preparing Sale Forms|EPG 236.6.3.5]] for requirements of comparable sale and [[#Sales Comparison|EPG 236.6.3.1.9.A]] for the application of comparable sales in the valuation. All significant differences between the sale and subject must be identified and the effect on market value analyzed and explained.<br /> <br /> ::In a Value Finding appraisal, total difference of up to 30% may be adjusted in a lump sum, with explanation. When a sale sufficiently comparable to meet this requirement is not available the appraiser may use the most comparable sale(s) available and show individual adjustments together with market data or in-depth explanation of the appraiser's rationale to support the adjustments and value conclusion. A brief explanation should be given if in the appraiser's judgment no adjustment to the sale(s) is necessary.<br /> <br /> ::Conclusion-Overall Unit Value of Land: $ ________________<br /> <br /> ::'''B. Analysis of Value of Land Acquired (if different from overall value):'''<br /> <br /> ::In a Value Finding appraisal, if the unit value of the area acquired is different from the overall unit value of the entirety it must be supported by a sale comparable to the acquisition and explanation must be given why the estimated unit value of the acquisition area is different. The same procedure for adjustments as outlined above applies to the sale(s) used to analyze the unit value of the acquisition.<br /> <br /> ::Conclusion-Unit Value of Land Acquired: $ _____________<br /> <br /> ::'''C. Analysis of Value of Improvements, Fixtures and Personalty in the Acquisition:'''<br /> <br /> ::In a Value Finding appraisal, the appraiser may estimate the contributory value of any acquired improvement having a value of $25,000 or less. Improvements with a value over $25,000 may be valued by The Cost Less Depreciation approach with cost sources, calculations and depreciation rates shown, or by a method set out in the Scope of Assignment, or [[#Cost Approach|EPG 236.6.3.1.9B]].<br /> <br /> ::Depreciation may be estimated by observed condition or age life methods. Market data supporting improvement value and/or depreciation estimates may be included.<br /> <br /> ::Value of each improvement, its ownership and the total value of improvements acquired shall be shown. Also see [[#Other Appraisal Considerations|EPG 236.6.3.1D]].<br /> <br /> ::Conclusion-Estimated Value of Improvements Fixtures and Personalty Acquired:__________<br /> <br /> ::'''D. Analysis of Damage to the Remainder:'''<br /> <br /> ::In the Value Finding format, rationale for conclusion of damage to remainder due to easements or other damage shall be explained. Description of temporary and permanent easements should include the use and anticipated duration of that use.<br /> <br /> ::Losses to remainder value may result from limitation of direct access, proximity of the proposed boundary line to improvements, severance, reduction in size of remainder, configuration of remainder, change in grade, and other effects of acquisition. Losses of this nature may be estimated by the appraiser without the benefit of sales data or other supporting evidence provided an estimate for any one given loss does not exceed $25,000, but in all cases rationale must be reasonable and fully explained. Consequential damage due to more than one of the above factors may suggest that the standard appraisal format should be used.<br /> <br /> ::Cost to cure items may include wells and water systems, septic or sewer systems, waterways, terraces, fencing for proposed boundary lines along relocated highways, etc. Costs for such items shall be based on contractor estimates or other appropriate cost sources. Value of each cost to cure item and the total shall be shown. The costs of cost to cure elements, documented in the same manner that would be applied in a Standard Format, are not included in this limitation of damages in this Value Finding format.<br /> <br /> ::The estimated cost to move a building improvement shall not be used as a measure of consequential damage in the Value Finding format, unless authorized in the Scope of Assignment. See [[#Reconciliation of Value Before Acquisition|EPG 236.6.3.1.D10]].<br /> <br /> ::Conclusion-Estimated Damage to Remainder: $___________<br /> <br /> ::'''Other Appraisal Considerations:'''<br /> <br /> ::Methods and directions for addressing other property elements are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1D]].<br /> <br /> :'''11. Estimate of Total Just Compensation'''<br /> <br /> :The Before Value Estimate shall include the value of land and all improvements including outdoor advertising structures. Contributory values of unaffected improvements may be estimated.<br /> <br /> ::Total Before Value Estimate: $ ________________<br /> <br /> ::After Value Estimate: $ ________________<br /> <br /> ::Indicated Just Compensation Due to Acquisition:$ ________________<br /> <br /> :'''12. Allocation of Just Compensation'''<br /> <br /> :The appraiser shall offer an opinion of reasonable allocation of the estimate of just compensation between realty acquired and damages, if any, to the remainder. This policy shall apply to the interests of both fee holders and tenants who own improvements.<br /> <br /> ::'''A. Allocation of Fee Holder’s Interest:'''<br /> <br /> :::1. Land Acquired: $ ________________<br /> <br /> :::2. Improvements, Fixtures and Personalty: $ ________________<br /> <br /> :::Improvements or structures within the new acquisition and/or easement areas shall be identified, with a separate value shown for each. Fence acquired in a strip acquisition shall be included as an improvement acquired.<br /> <br /> :::3. Total Land and Improvements Fixtures and Personalty: $ __________<br /> <br /> :::4. Damages to the Remainder: $ __________<br /> <br /> :::Damages to the remainder including permanent and temporary easements shall be identified and individually valued and their values combined to a total. Losses caused by temporary borrow pits must be set apart from other damages. Fencing required as a cost to cure due to road realignment, temporary fencing, etc., shall be included as a damage to the remainder.<br /> <br /> :::5. Total Just Compensation Due Fee Holder: $ __________<br /> <br /> ::'''B. Allocation of the Tenant Owner’s Interest:'''<br /> <br /> :::1. Tenant Owned Improvements Fixtures and Personalty:<br /> <br /> ::::Item __________________ $ ________________<br /> ::::Item __________________ $ ________________<br /> <br /> :::Identify each tenant owned improvement within the new acquisition and/or easement area and estimate its value. Use the greater of its contributory value or value for removal (salvage value).<br /> <br /> :::2. Damage to Tenant Owned Improvements Fixtures and Personalty:<br /> <br /> ::::Item __________________ $ ________________<br /> ::::Item __________________ $ ________________<br /> <br /> :::Identify and show a value loss, if any, for each tenant owned improvement lying outside the acquired area.<br /> <br /> :::3. Leasehold Interest: $ __________<br /> <br /> :::Calculate value of leasehold Interest, if any, should the lease be extinguished or rendered valueless by the acquisition.<br /> <br /> :::4. Total Just Compensation Due Tenant-Owner: $ __________<br /> <br /> :'''13. Uneconomic Remnant'''<br /> <br /> :See [[#Uneconomic Remnant|EPG 236.6.3.1.17]] for instructions on Uneconomic Remnant.<br /> <br /> :Area __________________ @ $ ____________ = $ ________________<br /> <br /> :'''14. Salvage Value''' <br /> <br /> :See [[#Salvage Value|EPG 236.6.3.1.18]] for instructions on Salvage Value.<br /> <br /> :Improvement Salvage Value $_________________<br /> <br /> :Improvement Salvage Value $_________________<br /> <br /> :Total Salvage Value $ _________________<br /> <br /> :'''15. Required Attachments'''<br /> <br /> :See [[#Required Attachments|EPG 236.6.3.1.19]] for Required Attachments.<br /> <br /> ===236.6.3.3 Waiver Valuation===<br /> <br /> The purpose of the appraisal waiver provision is to provide a technique to avoid the costs and time delay associated with appraisal requirements for low-value, non-complex acquisitions. The intent is that non-appraisers and appraisers in training may make waiver valuations. The district right of way manager or assistant right of way manager certified makes a determination to use the waiver valuation.<br /> <br /> Waiver valuations are not appraisals as defined by the Uniform Act and 49 CFR; ([https://www.law.cornell.edu/cfr/text/49/24.102 49 CFR 24.102 (c)]) therefore, appraisal performance requirements or standards, regardless of their source, are not required for waiver valuations. Since waiver valuations are not appraisals, neither is there a requirement for an appraisal review. The definition of &quot;appraisal&quot; in the Uniform Act and appraisal waiver provisions of the Uniform Act and 49 CFR are Federal law and public policy and should be considered as such when determining the impact of appraisal requirements levied by others, including USPAP.<br /> <br /> Use of the Waiver Valuation is allowed when the acquisition is simple and $25,000 or less. Fence re-establishment costs, whether improvement acquired or allocated to damages, may be excluded from this limit. No other cost to cure elements may be excluded from the limit.<br /> <br /> Limitations to the intended use of the Waiver Valuation include:<br /> <br /> *land value is easily determined,<br /> *only nominal structural improvements are acquired,<br /> *only nominal access rights are acquired<br /> *other than fence, costs to cure cannot make the total compensation exceed $25,000<br /> *there are no apparent damages to the remainder – other than simple easements, access rights of nominal impact and creation of nominal uneconomic remnants<br /> <br /> An agency official must establish just compensation to offer the property owner that is accomplished by the valuer’s signature and co-signature of the district right of way manager or assistant right of way manager certified, or their designee.<br /> <br /> The same person may perform both the value estimate and negotiation functions. Although the right of way representative must contact the owner, an invitation to accompany the representative during the property inspection is not required.<br /> <br /> This section provides guidance and format for a Payment Estimate waiver valuation. Other waiver valuation formats may be developed by districts to accommodate management style and project type. Development of alternative waiver valuation formats other than the Payment Estimate requires the approval of the Right of Way Section.<br /> <br /> '''A. Payment Estimate Instructions:'''<br /> <br /> :Use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Waiver%20Valuation%20Form%206.3.3.docx Payment Estimate] (Form 236.6.3.3) is allowed when the acquisition is simple and the value of the acquisition is $25,000 or less. Fence re-establishment costs, may be excluded from this limit. No other cost to cure elements may be excluded from the $25,000 limit. The same person may perform both the value estimation and negotiation functions if the value estimate is less than $25,000.<br /> <br /> :The following sample format will be adequate for most applications but may be expanded to include space for uneconomic remnants, etc. when required.<br /> <br /> :'''Payment Estimate - Waiver Valuation'''<br /> <br /> :See [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|EPG 236.6.3.1]] for the standard identification block.<br /> <br /> :'''1. Owner and Tenant Owner:'''<br /> <br /> :Identify owner and tenant owner by address, phone number, etc.<br /> <br /> :For a Waiver Valuation, the property owner and tenant owner must be contacted and the contact documented in the valuer’s work file. Personal contact is preferred, however, when time or other limitations make this impractical, contact by telephone or mail is permitted. The valuer should inform the property owner and tenant owner as to the nature of the acquisition and that a written offer showing the amount of damages will be delivered by MoDOT right of way personnel or by mail.<br /> <br /> :In the Waiver Valuation, an invitation to accompany the right of way representative during the property inspection is not required. A copy of the brochure Pathways for Progress should be provided the property owner by the person making the initial contact. If the contact is by telephone, the brochure should be mailed.<br /> <br /> :'''2. Identification of the Property'''<br /> <br /> :See [[#Identification of the Property|Identification of the Property]] for instructions.<br /> <br /> :'''3. Description of Acquisition'''<br /> <br /> :Briefly describe the acquisition. In the waiver valuation, affects on the remainder are limited to easements and nominal damage elements.<br /> <br /> :'''4. Basis for Value:'''<br /> <br /> :Valuer shall cite one or more vacant land sales. Explanation of values of easements, nominal improvement, costs to cure, etc. should be addressed here.<br /> <br /> :'''5. Summary'''<br /> <br /> :Value of Land Acquired: $ _______________<br /> <br /> :Value of improvements, fixtures or personalty to be acquired:<br /> ::Fee owner (Salvage Value $_________) $ _______________<br /> <br /> ::Tenant owner (Salvage Value $______) $ _______________<br /> <br /> :Damages to the Remainder:<br /> <br /> ::Permanent Easement:<br /> ::_____________(area) @ $ _______ = $ _______________<br /> ::Temporary Easement:<br /> ::_____________(area) @ $ _______ = $ _______________<br /> <br /> :Other Damages: ___________________ $ _______________<br /> <br /> :Sub-total: ($25,000) limit $________________<br /> <br /> :Fencing: _________l.f. @ $_________/(l.f.) $ _______________<br /> :Fencing: _________l.f. @ $_________/(l.f.) $ _______________<br /> :Fencing: _________l.f. @ $_________/(l.f.) $ _______________<br /> :Total Fencing: $ _______________<br /> <br /> :Total Just Compensation $ _______________<br /> <br /> :Uneconomic Remnant $ _______________ <br /> <br /> :The assignment of value of a nominal uneconomic remnant created by an acquisition that fits the criteria and limitations of a Waiver Valuation may be assigned in this format.<br /> <br /> :'''6. USPAP Compliance Statement:'''<br /> <br /> :The valuer shall include in the waiver valuation report the following statement:<br /> <br /> :'''[[#USPAP|USPAP Compliance Statement]]:''' This waiver valuation was prepared according to the agreement/assignment from the Missouri Department of Transportation (MoDOT). The intended use of the waiver valuation is for eminent domain related acquisition and MoDOT is the only intended user (except as indicated above). MoDOT bears responsibility for agreement/assignment requirements that meet its needs and therefore are not misleading. In combination with the Scope of Assignment and administrative approval function, all waiver valuation reports assigned by MoDOT identify the problem to be solved, determine the scope of work necessary to solve the problem and correctly complete research and analysis necessary to produce a credible waiver valuation, and are therefore in compliance with USPAP Standard 1. In that the agency is the only intended user of the report and others may only be provided copies for informational purposes, the agency has determined that reports prepared in conformance with these procedures fulfill MoDOT’s needs. Any inconsistencies with USPAP are covered by the USPAP Jurisdictional Exception provision.<br /> <br /> :Prepared by: <br /> <br /> :Approved for Just Compensation by: <br /> <br /> :The preparer and the district right of way manager or their designee are required to sign the report constituting approval of just compensation by an agency official.<br /> <br /> :'''Required Attachments:'''<br /> :*Site Plan<br /> :*Photograph of Acquisition Area<br /> :*Comparable Sale or Other Value Support<br /> <br /> :'''Optional Attachments:'''<br /> :*Cover letters<br /> :*Tables of Contents<br /> :*Qualifications<br /> :*Engagement Letter or Notice to Proceed<br /> <br /> '''B. Use of Nominal Equal Payments to Assign Just Compensation with the Waiver Valuation'''<br /> <br /> Districts may establish categories of extremely simple and nominal acquisitions, like temporary driveway connection easements, and assign nominal equal compensation for those categories. The compensation must be greater than the conclusion of a valuation assignment or other calculation of the compensation, if one were done. These nominal equal payments may be included in Waiver Valuations for parcels with additional types of acquisitions or may be established as the Just Compensation if it is the only acquisition on given parcels. <br /> <br /> '''C. Use of Agent’s Value Estimate (AVE)'''<br /> <br /> Use of the AVE will be based on current sales data, parcel size, and other applicable appraisal criteria, to ensure that property owners are offered a fair market value for the acquisition of less than $25,000. <br /> <br /> The AVE will be prepared either in a MoDOT memorandum format or a cost estimate spreadsheet format. Data included in the AVE will include: date, parcel number, county route and project number. The sales data use is arriving at a value will be listed. It will be referred that three sales be shown as comparables, but listing one comparable sale is acceptable in limited markets. Fencing values and other minor items of acquisition will be estimated by using contractor’s cost estimates and/or Marshall and Swift cost data. The Assistant Right of Way Manager – Certified, or their designee will make a brief statement concerning the acquisition and the rationale for using the comparable sales. <br /> <br /> A valuation summary will list the amount of land being acquired and the estimated value per acre. Any areas for temporary or permanent easements will be listed with the appropriate value and percentage of damages. Fencing, minor improvements acquired and other applicable items of compensation will be shown in the summary as a line item addition to the total compensation. All items of compensation will then be added t produce the total compensation to be offered for each parcel.<br /> &lt;div id=&quot;D. Nominal Acquisition Payment (NAP)&quot;&gt;&lt;/div&gt;<br /> '''D. Nominal Acquisition Payment (NAP)'''<br /> <br /> Use of the NAP will be based on current sales data, parcel size, and other applicable appraisal criteria, to ensure that property owners are offered a fair market value for the acquisition of less than $25,000. The use of the NAP shall be subject to the approval of the Asst. to the State Design Engineer-ROW. <br /> <br /> The NAP is a table format indicating owner, size of subject, property and easements to be acquired, unit price of comparable sale, easement percentage, calculation of minor improvements, explanation of damages and calculated payment.<br /> <br /> ===236.6.3.4 Uniform Residential Appraisal Report (URAR) and Addendum===<br /> <br /> The instructions for the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format] (Form 236.6.3.1) are the source for general appraisal guidance on all the formats. The following instructions are specific to the URAR Appraisal Format.<br /> <br /> Use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR] (Form 236.6.3.4) must be authorized by the approved Scope of Assignment and will be primarily intended for valuations for the acquisition of single-family residentially improved tracts that are total acquisitions or where the only remainder is a nominal uneconomic remnant. Applicability is restricted to situations in which the residential improvements clearly represent highest and best use.<br /> <br /> The appraiser shall adhere to the following instructions. The appraisal may be on a preprinted or computer-generated URAR form of a version currently used in appraisal practice. Harrison's Illustrated Guide to the Uniform Residential Appraisal Report may be used as an instruction for proper completion of the URAR, for items not specified in these instructions.<br /> <br /> There are a number of ownership items and appraisal problems frequently encountered in valuing acquisitions for transportation purposes, on which policies have been established by case law, management decision and precedent. These policies apply to all appraisal formats and are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1D Other Appraisal Considerations]].<br /> <br /> ====236.6.3.4.1 Uniform Residential Appraisal Report and Addendum====<br /> <br /> See [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|EPG 236.6.3.1]] for the standard identification block.<br /> <br /> :'''1. Owner and Tenant Owner'''<br /> <br /> :Identify owner and tenant owner by address, phone number, etc.<br /> <br /> :'''2. Purpose of Appraisal'''<br /> <br /> :See [[#Purpose of Appraisal|Purpose of Appraisal]] for instructions.<br /> <br /> :'''3. Interest Appraised'''<br /> <br /> :See [[#Interest Appraised|Interest Appraised]] for instructions.<br /> <br /> :'''4. Scope of Work'''<br /> <br /> :See [[#Scope of Work|Scope of Work]] for instructions.<br /> <br /> :The Scope of Work for a URAR Appraisal Format is the same as that of a Standard Appraisal Format. However, due to the standardization and familiarity of the appraiser and the owner with appraisal of single-family homes, the required reporting level is reduced in the URAR report.<br /> <br /> :'''5. Identification of the Property'''<br /> <br /> :See [[#Identification of the Property|Identification of the Property]] for instructions.<br /> <br /> :'''6. History of the Property'''<br /> <br /> :See [[#History of the Property|History of the Property]] for instructions.<br /> <br /> :'''7. Description of Property Before Acquisition'''<br /> <br /> :See [[#Description of Property Before Acquisition|description of property before acquisition]] for instructions. For the URAR, only those elements that are not identified on the URAR valuation form need to be addressed here.<br /> <br /> ::'''A. Zoning:'''<br /> <br /> ::*Code<br /> ::*Category <br /> ::*Compliance<br /> ::*None<br /> <br /> ::'''B. Land:'''<br /> <br /> ::See [[#Description of Property Before Acquisition|land description]] for instructions.<br /> <br /> ::*Access Before Acquisition:<br /> ::*Utilities In Use Before Acquisition:<br /> ::*Utilities Available Before Acquisition:<br /> <br /> ::'''C. Fee Owned Improvements, Fixtures and Personalty:''' <br /> <br /> ::See [[#Description of Property Before Acquisition|EPG 236.6.3.1.7C]] and [[#Description of Property Before Acquisition|EPG 236.6.3.1.7D]] and [[#12. Personalty Items and Fixtures|EPG 236.6.3.1.19.D.12]] for instructions on Fee Owned Improvements, Fixtures and Personalty.<br /> <br /> ::'''D. Tenant Owned Improvements, Fixtures and Personalty'''<br /> <br /> ::See [[#Description of Property Before Acquisition|EPG 236.6.3.1.7C]] and [[#Description of Property Before Acquisition|EPG 236.6.3.1.7D]] and [[#12. Personalty Items and Fixtures|EPG 236.6.3.1.19.D.12]] for instructions on Tenant Owned Improvements, Fixtures and Personalty.<br /> <br /> ::A sign, billboard or other property owned by others, which the Fee Holder does not have a right or obligation to remove, must be identified and valued separately. See [[#Billboard|EPG 236.6.3.1.D2]].<br /> <br /> ::'''E. Other Appraisal Considerations:'''<br /> <br /> ::See [[#Other Appraisal Considerations|EPG 236.6.3.1.7D]] and [[#Description of Property After Acquisition|EPG 236.6.3.1.11A]] for additional information concerning Other Appraisal Considerations.<br /> <br /> :'''8. Estimate of Total Just Compensation'''<br /> <br /> :For the URAR format, attach a narrative explanation of the comparison of each comparable sale with the appraised property, and the adjustments implemented for each significant element of difference affecting value. An explanation shall be offered for each individual adjustment. Differences may be measured by either dollars or percentage.<br /> <br /> :Estimated Value Before Acquisition: $______________<br /> <br /> :Estimated Value After Acquisition: $______________<br /> <br /> :Indicated Just Compensation Due to Acquisition: $______________<br /> <br /> :'''9. Allocation of Just Compensation'''<br /> <br /> ::'''A. Fee Holder's Interest:'''<br /> <br /> :::'''1.''' Land Acquired: $______________<br /> <br /> :::'''2.''' Improvements, Fixtures and Personalty: $______________<br /> <br /> :::'''3.''' Total Land and Improvements, Fixtures and Personalty: $______________<br /> <br /> :::'''4.''' Damages to the Remainder: $______________<br /> <br /> :::'''5.''' Total Just Compensation Due Fee Holder: $______________<br /> <br /> ::'''B.''' Tenant Owner's Interest:'''<br /> <br /> :::'''1.''' Tenant Owned Improvements, Fixtures and Personalty: $______________<br /> <br /> :::'''2.''' Damage to Tenant Owned Improvements, Fixtures and Personalty:$______________<br /> <br /> :::'''3.''' Leasehold Interest: $______________<br /> <br /> :::'''4.''' Total Just Compensation Due Tenant Owner: $______________<br /> <br /> :'''10. Uneconomic Remnant'''<br /> <br /> :See [[#Uneconomic Remnant|EPG 236.6.3.1.17]] for instructions on Uneconomic Remnant.<br /> :Area ________________________ @ $__________________ = $_____________<br /> <br /> :'''11. Salvage Value'''<br /> <br /> :See [[#Salvage Value|EPG 236.6.3.1.18]] for instructions on Salvage Value.<br /> <br /> ::Improvement ______________________ Salvage Value $______________<br /> <br /> ::Improvement ______________________ Salvage Value $______________<br /> <br /> ::Total Salvage Value $______________<br /> <br /> :'''Required Attachments'''<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Contingent and Limiting Conditions] (Form 236.6.3.1A)<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1B)<br /> :*Site Plan<br /> :*Photographs<br /> :*Floor Plans of Acquired Residential Units and Structures with Internal Walls <br /> :*Comparable Sales and Map<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR Form] (Form 236.6.3.4)<br /> <br /> :'''Optional Attachments:'''<br /> :*Cover letters<br /> :*Tables of Contents<br /> :*Appraiser Qualifications<br /> :*Engagement Letter or Notice to Proceed<br /> :*Legal Instructions, if any shall be retained in the appraiser’s work file and not attached to valuation reports.<br /> <br /> ===236.6.3.5 Instructions for Preparing Sale Forms===<br /> <br /> Appraisers shall incorporate within the appraisal reports adequate sales and other supporting data to relay the necessary comparative information, by attachment of the sale data sheets, [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Form 236.6.3.5.A] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Form 236.6.3.5.B].<br /> <br /> The purpose of the sale forms is to provide sufficiently detailed information about transactions and the properties involved to allow the appraiser to make comparisons and value judgments, and to allow a reader to follow the reasoning and validate the comparisons. The forms provide blanks to be completed with information that tends to be common to all sales, but seldom are the completed blanks sufficient to furnish all information that should be included. Judgment from the appraiser is required even in this. Those significant characteristics of the sale property, and important details of the transactions should be included whether or not a specific blank is provided for the information.<br /> <br /> Use of sales that have improvements located on them as vacant land sales, when it has been confirmed that those improvements did not contribute to value, is acceptable provided that during the course of time that the sale is being relied upon, those improvements have not been rehabilitated for renewed use. Once it becomes apparent that an improvement, formerly concluded to have no contributory value, has been put back into productive use, a sale written to the contrary has lost much of its credibility and is not to be used as a comparable for land valuation.<br /> <br /> The [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1.B) indicates that an appraiser has inspected all sales considered in the valuation process; therefore, subsequent inspections by other appraisers need not be identified on the forms. It is recommended that for future court testimony, that each appraiser makes a personal record of the sale inspections in regard to each property appraised.<br /> <br /> '''A. Nonresidential Sale Form (Form 236.6.3.5.A)'''<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Sale Form 236.6.3.5A] is for reporting sales of all vacant or improved properties other than improved single-family residential properties, or where residential improvements do not represent the highest and best use.<br /> <br /> :'''Completion Of The Sale Form Entries'''<br /> <br /> :'''Selling Price:''' This entry should reflect the total selling price of the property, including land and all improvements, if any. If the price was confirmed in another manner or if other information about the sale price was revealed, a full explanation should be included elsewhere on the form.<br /> <br /> :'''Unit Price:''' Indicate the entire selling price including all land and/or land and improvements, divided by the site area, gross living area above ground level (for residential improvements), or gross building area of the main improvement, or explain if the amount was calculated in another method.<br /> <br /> :On the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Nonresidential Sale Form 236.6.3.5.A], indicate whether the price was confirmed as a price per unit or a total price.<br /> <br /> :'''Type of Transaction:''' Entries in this field should describe the relationship of the buyer and seller. Any entry other than &quot;Open Market&quot; must be fully explained.<br /> <br /> :'''Financing:''' If financed by a lender with a conventional loan, the word Conventional will satisfy this requirement. If seller-financed or if there is concessional financing of any kind, the rate and terms should be included. If other than Conventional, the form must report the type of instrument and terms known, and show calculations for the cash equivalent sale price, with indicated adjustment shown in the Financing Concession field of the Property Description Section.<br /> <br /> :Cash Equivalency must be calculated and used in direct comparison with subjects. Situations that may require cash equivalency adjustments include: mortgage assumptions at favorable rates, mortgage buy-downs, installment sale contracts, wraparound loans, points paid by seller, seller-financed loans, etc.<br /> <br /> :'''Site Dimensions:''' In regularly shaped parcels, the dimensions can be expressed as &quot;width X depth&quot;. When appropriate, the average width by the average depth is acceptable. A line drawing of the perimeter of the property may be necessary to fully communicate an understanding of the property layout.<br /> <br /> :*Site Area:<br /> :*Building Area:<br /> <br /> :'''Zoning:''' The code and category of zoning as of the date of sale should be stated (for example, C-2 Commercial District). If the property is nonconforming with the zoning, this should be explained in the text of the sale form. If closing of the sale was contingent upon a different zoning being granted, this entry should reflect the contingent zoning and the body of the sale should include an explanation of the circumstances surrounding the zoning change. Special zoning provisions or restrictions should be noted, such as minimum lot size or number of developed units allowed.<br /> <br /> :'''Zoning Compliance:''' Either state yes, or explain noncompliance.<br /> <br /> :'''Highest and Best Use:''' The following standardized entries should be used: Single-family Residential; Multi-family Residential; Commercial; Industrial or Agricultural. Standardization of broad categories of use under these headings facilitates data base entry and search functions. Frequently additional explanation of highest and best use in the text of the sale will be warranted.<br /> <br /> :'''Utilities In Use (At Time Of Sale):''' State what utilities are on site. &quot;All available&quot; or &quot;All in place&quot; are not acceptable entries. The use of initials, W, E, G, S as abbreviations for publicly provided water, electricity, natural gas, and sanitary sewer is suggested. Use of Deep Well, Shallow Well, and Septic is suggested for privately provided utilities that are in use on the property.<br /> <br /> :'''Utilities Available (At Time Of Sale):''' If a utility is not on the property but is close, or is available but not connected, state what is actually on the property as of the date of sale and explain in the depth that the circumstances demand.<br /> <br /> :'''Access (At Time of Sale):''' Report legal and physical points of access and entrances. Legal access represents a deeded or permitted access point to a property. Physical access merely reflects the presence of existing entrances, which may or may not be legal.<br /> <br /> :'''Identification of the Realty:''' Location information should be adequate to assist the reader in driving to the property<br /> <br /> :The real estate involved in the sale can be identified by an abbreviated property description, address, map reference, copy of a survey or map, property sketch and/or photographs or the like. Lengthy property descriptions should not be reiterated within the sale form, but rather copies of the title report or last deed of record should be reviewed by the appraiser and retained in the appraiser’s work file and or district sales data files.<br /> <br /> :A property description does not need to repeat the actual description on the deed, but must provide enough data to allow the reader to regenerate the perimeter of the property. If subdivision land, provide a cut or tracing of the subdivision plat or a drawing to allow subsequent users of the form to locate the lot.<br /> <br /> :Inclusion of a copy of the transfer document (e.g., deed, contract) in the report is neither required nor desirable, unless there is something in the document that is unusual or particularly revealing.<br /> <br /> :'''Sale Verification:''' All comparable sales used shall be confirmed by the buyer, seller, broker or other person having knowledge of the price, terms, and conditions of sale. This form and its contents may be used by various appraisers, without further verification subsequent to its original verification, providing the appraiser using the form also inspects the sale premises. Subsequent users of the sale assume responsibility for the correctness of information presented on the Sale Form. Telephone numbers of verifying parties are very desirable. Signature of verifying appraiser is not required. If confidential data is included with a sale confirmation, that sale information must be handled in a manner that the confidentiality is not violated.<br /> <br /> :In this section of the sale forms, include name of verifying appraiser and confirming party, company (if Realtor, lender, etc.) and position in company (broker, loan officer, agent etc.) If confirmation is by other than the buyer, seller, lender or real estate agent, identify relationship to the transaction. Values reported as a public record (example: Certification of Value in Metropolitan St. Louis and Jackson County) and MLS information are not acceptable without further verification.<br /> <br /> :It is the intention of this requirement that enough information be provided that the verification can be repeated for purposes of court testimony or review. For trial purposes, a party to the transaction could be interpreted differently. In this case, consult with legal staff for specific requirements. Any person testifying about the facts of the sale may be required to personally verify those facts.<br /> <br /> :'''Map Number:''' Map identification numbers in common local use may be entered as appropriate.<br /> <br /> :'''Property Description:''' On the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Nonresidential Sale Form] (Form 236.6.3.5.A) indicate by subparagraphs description of land, description and type of improvements, if any, and any other data pertinent to analysis. Attach additional sheets if necessary.<br /> <br /> :Physical characteristics should be adequately explained to make comparison with those characteristics of subject properties being appraised. For analysis and valuation of properties subject to partial acquisitions, it is particularly important to note unusual features in sales, like building setback, frontage, depth, shape, access, entrances, etc.<br /> <br /> '''B. Residential Sale Form (Form 236.6.3.5.B)'''<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Sale Form 236.6.3.5.B] is used for reporting sales of improved single- family residential property, and the entry fields correspond with the URAR form as much as possible. For the standard entries see Paragraph A, above.<br /> <br /> :'''Property Description:''' On the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Residential Sale Form] (Form 236.6.3.5.B), the physical items of this section of the form are arranged in the same order as the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR] (Form 236.6.3.4). Physical characteristics should be adequately explained to make comparison with those characteristics of subject properties being appraised.<br /> <br /> :'''Quality of Location:''' This entry should reflect the quality of location in factual terms. (Typical street, Dead-end road, Gravel road, Corner, etc.) Subjective terms (good, poor) might be used in addition to the factual data.<br /> <br /> :'''Site/View:''' The appraiser should indicate such site factors as size, shape, topography, drainage, encroachments, easements, view, landscaping, driveway, flood hazard, or any detrimental or unusually positive site conditions. For analysis and valuation of properties subject to partial acquisitions, it is particularly important to note unusual features in sales, like building setback, frontage, depth, shape, access and entrances.<br /> <br /> :'''Design (Style):''' Indicate the style of construction (ranch, bungalow, etc.). Also indicate such aspects as appeal of exterior design, interior attractiveness, special features, and any other characteristics that would make the property attractive or unattractive to purchasers and otherwise enhance or detract from its overall marketability. During the confirmation the appraiser should attempt to ascertain the above items.<br /> <br /> :'''Quality of Construction:''' An overall quality rating should consider the quality of materials and workmanship used in all components of the building.<br /> <br /> :'''Age:''' Indicate the estimated or actual age of the dwelling, at the time of sale. If a dwelling has been substantially modernized or upgraded, the effective age may also be indicated. Effective age estimation will require a comment describing the basis for assignment and the degree of modernization.<br /> <br /> :'''Condition:''' Indicate &quot;good&quot;, &quot;average&quot;, &quot;fair&quot; or &quot;poor&quot;. For purposes of comparison with subjects, items of curable and incurable deterioration are the sensitive elements in this consideration.<br /> <br /> :'''Basement/Finish:''' The appraiser should report basement improvements such as finished rooms and recreation rooms found in the sale. If there is no basement or only a partial basement, this should be indicated.<br /> <br /> :'''Functional Utility:''' This entry relates to the efficiency of a building's use and reflects such factors as layout, room size, and general livability. Trends in single-family home construction sometimes determine whether residences have such items as porches, balconies, fireplaces, separate dining rooms, large kitchens, entry halls, and family rooms. Standards for dwellings also vary widely with regard to income level of prospective tenants and location. When judging the functional utility of residential buildings, the appraiser should attempt to interpret the reaction of typical purchasers in the specific market area.<br /> <br /> ::'''Heating / Cooling:'''<br /> <br /> ::'''Energy Efficient Items:'''<br /> <br /> ::'''Garage / Carport:'''<br /> <br /> ::'''Porch / Patio / Deck:'''<br /> <br /> ::'''Other - kitchen equipment and remodeling:''' All kitchen equipment must be itemized.<br /> <br /> '''C. Comparable Lease Form (Form 236.6.3.5.C)'''<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Form 236.6.3.5. C] is provided for the reporting of comparable leases.<br /> <br /> '''D. Optional Sale Forms From Fee Appraisers'''<br /> <br /> To accommodate the efficient use of various fee appraisers’ sale databases, sale write-ups of other formats can be accepted. It is up to the assistant right of way manager – certified or other reviewer to accept, reject or request supplemental information regarding other sale forms.<br /> <br /> ===236.6.3.6 Access Rights Valuation===<br /> <br /> Appraisals of access rights will be made in conformity with the appropriate state laws, regulations and policies and procedures for acquisition and disposal of property. Refer to [[236.5 Property Management#236.5.28.3 Compensation for Changes in Access|EPG 236.5.28.3 Compensation for Changes in Access]]. [https://www.sos.mo.gov/pubs/constitution Article IV, Section 29] of the Missouri Constitution gives the Commission authority to limit access to, from, and across state highways where the public interest and safety may require.<br /> <br /> Article IV, Section 29 (Highways and Transportation) of the Missouri Constitution states: <br /> <br /> “The highways and transportation commission shall have authority over all state transportation programs and facilities as provided by law, including, but not limited to, bridges, highways, aviation, railroads, mass transportation, ports, and waterborne commerce, and shall have authority to limit access to, from and across state highways where the public interest and safety may require.”<br /> <br /> The Scope of Assignment will identify the anticipated minimum requirements for the appraisal format to be prepared, based on the anticipated value or complexity of the access rights to be valued.<br /> <br /> ===236.6.3.7 Realty Asset Valuation===<br /> <br /> Estimates and appraisals of realty assets will be made in conformity with the appropriate state laws, regulations and policies and procedures for acquisition and disposal of property set out in this chapter. The assistant right of way manager - certified will instruct the staff or fee appraiser on the minimum valuation documentation, based on the complexity of the appraisal problem and the anticipated value of the realty asset to be valued. See [[236.5 Property Management#236.5.9 Uneconomic Remnants|EPG 236.5.9 Uneconomic Remnants]] (in EPG 236.5 Property Management) for additional information on disposal of Realty Assets.<br /> <br /> Assistant right of way manager - certified or individual designated by the district right of way manager shall merely examine the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20for%20Realty%20Asset%20Inventory%20Form%206.3.7.A.dotx Realty Asset Inventory Estimate] (Form 236.6.3.7A) without need for co-signature. Assistant right of way manager – certified or individual designated by the district right of way manager is required to cosign the Realty Asset Estimate Less Than $25,000 (Form 236.6.3.7B) or substitute Value Statement Memorandum, with supporting documentation. [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Review and Approval of Just Compensation] (Form 236.6.4.3) accommodates the review and approval of the Realty Asset Appraisal (Form 236.6.3.7C).<br /> <br /> It is intended that realty asset parcels, or the potential to add value to abutters’ property, be valued to reflect their full potential as if marketed by any knowledgeable seller.<br /> <br /> '''Identification Of Asset Parcels:''' Parcel identification numbers will be established in the Realty Asset Inventory. The job number inserted is the job on which the land was originally acquired.<br /> <br /> '''Authority To Appraise Assets:''' An appraisal assignment to value a realty asset shall be authorized by the district right of way manager after a recommendation to sell has been made by the Asset Management Committee.<br /> <br /> An appraisal assignment to value a Capital Improvement property must be authorized by a letter from General Services Facilities Management, Central Office.<br /> <br /> '''Valuation Assumptions:''' All realty assets must be valued with the following assumptions<br /> <br /> *Highway Commission has full fee interest<br /> *Parcel can be developed or marketed for its highest and best use<br /> *Parcel will be marketed to a party expected to pay the full-appraised amount.<br /> <br /> '''Ownership Interest:''' The ownership interest of the Commission will be reported by a realty asset legal opinion memo. It is not necessary to have a final determination of ownership interest before completing the appraisal assignment.<br /> <br /> '''Valuation Documents:''' All proposed sales of realty assets require a valuation document by Form 236.6.3.7B or Form 236.6.3.7C. However, you may substitute Form 236.6.3.7B with a value statement on an Inter-Office Memorandum for parcels valued at less than $25,000. Support for the value must be included in the Inter-Office Memorandum. Adequate information must also be included to clearly demonstrate that assemblage parcels were valued using the appropriate &quot;Across-the-Fence&quot; valuation method. Realty assets are placed on the Realty Asset Inventory at the value indicated on [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20for%20Realty%20Asset%20Inventory%20Form%206.3.7.A.dotx Realty Asset Inventory Estimate] (Form 236.6.3.7A). Non-cash and other trades of realty assets require a valuation document for each component of the trade.<br /> <br /> '''Stand-Alone or Assemblage Determination:''' Parcels that are not easily distinguished between stand-alone or assemblage-use, require detailed analysis and explanation of zoning, setback, access and any issue that influences the conclusion.<br /> <br /> '''Realty Asset Valuation Instructions:''' District right of way shall authorize appropriate personnel to prepare the following valuations.<br /> <br /> :'''A. Valuation by Realty Asset Inventory Estimate'''<br /> <br /> :The valuation for purposes of placing the parcel in the Realty Asset Inventory is to be documented on the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20for%20Realty%20Asset%20Inventory%20Form%206.3.7.A.dotx Realty Asset Inventory Estimate] (Form 236.6.3.7A). This form is designed to serve as a valuation tool for use when a recently identified or recently acquired parcel is being placed on the Realty Asset Inventory. An interested party is not identified, and marketing is not pending. If disposal is pending, use a realty asset estimate or appraisal form, Forms 236.6.3.7B (or substitute Value Statement Memorandum) or 236.6.3.7C, which will then also serve for the inventory estimate.<br /> <br /> :Preparers are expected to be one that might be assigned to prepare a cost estimate, Scope of Assignment, payment estimate, etc. This will serve as the inventory value estimate for all properties, regardless of value or complexity.<br /> <br /> :The assistant right of way manager - certified or designee shall determine the amount of documentation and exhibits necessary to support the inventory value, based on the complexity and value level. Use the minimum investment in time and documentation to establish a reasonable inventory value estimate.<br /> <br /> :'''B. Valuation by Realty Asset Estimate Less Than $25,000'''<br /> <br /> :Realty assets, with value less than approximately $25,000 will be documented by a Realty Asset Estimate Less than $25,000 (Form 236.6.3.7B) or substitute Value Statement Memorandum with supporting documentation. This form or memorandum is to serve as a valuation tool for disposal values when an interested party is identified or marketing is promoted internally. It will serve as the final valuation document for non-complex/low-value parcels up to a conclusion of $25,000. The document provides an adequate level of documentation in this value range only if the realty asset and its valuation is very simple.<br /> <br /> :Although valuations less than $25,000 may result in transfers to certain adjoining owners and others for a nominal consideration, completion of this form or substitute Value Statement Memorandum is the minimum reporting required for every disposal, with the following exception: if the Commission is conveying the property interest to the original owner for a $1 consideration AND the original owner is still the abutting land owner AND the property interest was originally donated to the Commission, an appraisal or valuation estimate is not required.<br /> <br /> :The preparer is expected to be one that might be assigned to prepare a cost estimate, payment estimate, or other noncomplex valuation.<br /> <br /> :'''Realty assets valuations dependent on consideration of use, zoning, access, utilities, etc. shall not be accomplished on this format.'''<br /> <br /> :'''C. Valuation by Realty Asset Appraisal'''<br /> <br /> :A Realty Asset Appraisal (Form 236.6.3.7C) will document realty asset values greater than approximately $25,000, or complex situations that result in values less than $25,000. This form is designed to serve as a valuation tool for disposal values when an interested party is identified or marketing is promoted internally. The district right of way manager or assistant right of way manager – certified will establish the minimum reporting criteria.<br /> <br /> ::'''1.''' Assignment criteria:<br /> <br /> ::*Low value &amp; simple assemblage or stand-alone. One sale, statement of highest and best use, value conclusion. (The content and reporting level of a Payment Estimate)<br /> ::*Medium value &amp; simple assemblage or stand-alone. More than one sale, explanation of highest and best use, comparison to comparables, value conclusion. ((The content and reporting level of a Value Finding)<br /> ::*High value, complex assemblage or stand-alone. Three land comparables, building valuation (assign applicable approaches), analysis of highest and best use, and direct comparison to sales, reconciliation and value conclusion. (The content and reporting level of a Standard Format)<br /> <br /> ::'''2.''' Stand Alone Parcels<br /> <br /> ::Parcels that are large enough and have physical characteristics that allow them to be developed to a freestanding use will be valued like any appraisal assignment if the anticipated value is greater than $25,000. The highest and best use will be determined, appropriate sales will be discovered and compared, and a value conclusion established.<br /> <br /> ::'''3.''' Assemblage Parcels<br /> <br /> ::The value sought is use value of a limited market property. Use value is value for assemblage, and reflects the highest and best use of the property(s) to which it might be assembled. The subject is considered a limited market property because of the small field of potential purchasers.<br /> <br /> ::The potential purchasers may consist of only one adjoining owner, whose use for the subject tract is typically only for assemblage purposes. Under these conditions the subject may take on the value characteristics of the overall tract to which it is to be assembled, or may contribute at a greater or lesser value than the overall unit value of the tract to which it is to be assembled. Such a value indication is typically unaffected by influences such as size, shape and limited access.<br /> <br /> ::If the ultimate assemblage changes the use potential of the requestor’s original property, the valuation should reflect the newly changed use.<br /> <br /> ::If the highest and best use is determined to be only as assemblage to adjoining property, the Highest and Best Use Analysis should address the use of the adjoining land and the comparable sales should be similar in use potential and other characteristics to the adjoining property. Under this circumstance, the realty asset parcel may take on the value characteristics of the larger parcel, and the question to be answered by the appraiser's analysis is whether it contributes at the average unit value, greater than or less than the average unit value of that larger parcel. The utility of the realty asset parcel should be judged as it contributes to the tract with which it would most likely be assembled.<br /> <br /> ::When the use is determined to be for assemblage, the size, shape, location, utility access, and in some cases, the physical characteristics (slope, grade, elevation, drainage, etc.) of the realty asset parcel are only important in relation to their contribution to the newly assembled property.<br /> <br /> ::Adjustment should not attempt to reflect an assemblage or &quot;one buyer&quot; effect on value.<br /> <br /> ===236.6.3.8 Maintenance Lot and Capital Improvement Valuation===<br /> <br /> Assignments to value future capital improvements will be authorized by the General Services Division, Facilities Management. <br /> <br /> The district right of way manager or assistant right of way manager - certified will determine the complexity of the appraisal problem and recommend either the [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|Standard Appraisal Format]] or the [[236.6 Appraisal and Appraisal Review#236.6.3.2 Value Finding Appraisal Format|Value Finding Appraisal Format]]. A [[236.6 Appraisal and Appraisal Review#236.6.2 Scope of Assignment|Scope of Assignment]] is not required but may be advisable on complex situations or with a fee appraiser assignment.<br /> <br /> Facilities Management will assign a project number, that should appear on the appraisal and all significant correspondence.<br /> <br /> When the acquisition represents the entire ownership, no special instructions apply.<br /> <br /> When the acquisition is only part of an ownership, the highest and best use analysis should be of the part being acquired.<br /> <br /> Appraisals will be prepared and reviewed consistent with property appraisal practice set out in this chapter. Complexity of the acquisition will determine the format and level of reporting required.<br /> <br /> A copy of the approved appraisal shall be sent to General Services Division, Facilities Management for final approval and funding, after which, Facilities Management will notify district right of way to proceed with negotiation to acquire the site. Any settlement above the approved appraisal amount shall be communicated to General Services Division, Facilities Management prior to finalizing the acquisition.<br /> <br /> ===236.6.3.9 Other Agency Valuations===<br /> <br /> The Department of the Interior, the Missouri Department of Natural Resources, and some other agencies adhere to the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA) while the Missouri Department of Transportation (MoDOT) instructions, approved by the Federal Highway Administration (FHWA), use the UASFLA as a guide. The Scope of Assignment preparer or the appraiser will need to determine the other agency’s requirements.<br /> <br /> The following instructions outline the items different from, or in excess of the MoDOT's instructions, which are required when doing appraisals for these or other agencies. This is only a general outline. Consult the Right of Way Section for current and complete instructions and requirements. Appraisals will be reviewed in the typical process using the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation Form (6.4.3)].<br /> <br /> See the [http://www.fhwa.dot.gov/modiv/index.htm FHWA Web site] for current requirements and guidance.<br /> <br /> ===236.6.3.10 Airport Valuation===<br /> <br /> Appraisals for airport projects and contracting to perform such services are under the specific guidelines of the [https://www.faa.gov/documentLibrary/media/Order/environmental_5100_37b.pdf Land Acquisition and Relocation Assistance For Airport Projects].<br /> <br /> These instructions are addressed to those staff and fee appraisers preparing and reviewing appraisals of partial and total acquisitions for airport development and expansion. Since the this article was primarily developed for acquisition of rights of way for highway projects, the terminology relates to highways. The same general appraisal principles apply to appraisals for airport projects, with the exceptions summarized here. The specific appraisal requirements are addressed in [https://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.current/documentNumber/150_5100-17 Circulars/150/5100-17 Chapter 2].<br /> <br /> :'''A. Formats Used'''<br /> <br /> :All Missouri Department of Transportation (MoDOT) valuation formats including [[236.6 Appraisal and Appraisal Review#236.6.3.3 Waiver Valuation|Waiver Valuation]] may be used in valuation for airport acquisition. The same measures of complexity as discussed in [[236.6 Appraisal and Appraisal Review#236.6.2.1 Scope of Assignment|EPG 236.6.2.1 Scope of Assignment]] will be applied to determine the appraisal format used. An official of the airport acquiring agency will have determined the complexity of appraisal problems prior to contracting, or assigning an appraisal and will indicate in the contract, or instructions, what formats are to be applied to the individual tract appraisals.<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 6.3.1A) and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 6.3.1B) may be used in valuation for airport acquisition.<br /> <br /> :'''B. Summary of Additional Airport Appraisal Requirements'''<br /> <br /> :The appraiser or waiver valuation preparer must be familiar with the additional valuation requirements specific to airport acquisition, which include but are not limited to:<br /> <br /> :*The property owner shall be invited to accompany the appraiser or Waiver Valuation preparer.<br /> :*There is no provision for separation of function for the same individual to prepare a Waiver Valuation and negotiation to acquire the property.<br /> :*There are non-compensable land costs that may be allowable for compensation under state law, that are non-compensable in acquisition for airports.<br /> :*There are specific instructions in the appraisal of avigation easements and noise avigation easements.<br /> <br /> :'''C. Right of Way Section Involvement in Scope of Assignment, Administrative Review and Administrative Settlement Review'''<br /> <br /> :To assure quality appraisals, waiver valuations and appraisal reviews, the Right of Way Section will support the Administrator of Aviation, Multimodal Operations Division with scope of assignment considerations and administrative review. When the airport sponsor has obtained a valuation and appraisal review for airport acquisition, it shall be delivered to the Administrator of Aviation and routed to the Right of Way Section for an administrative review. An administrative review is, at a minimum, a desk check of factual data and information presented in the valuation report, a determination that the report fulfills the requirements of this chapter, that the report addresses the special valuation considerations for valuation for airport purposes and provides a quality report with appropriate conclusions.<br /> <br /> ==236.6.4 Appraisal Review and Approval of Just Compensation==<br /> <br /> ===236.6.4.1 Purpose===<br /> <br /> Appraisal review is the act or process of developing and communicating an opinion about the quality of all or part of a completed work performed by another appraiser in a real property appraisal assignment. In performing an appraisal review assignment, an appraiser acting as a reviewer must develop and report a credible opinion as to the quality of another appraiser’s work and must clearly disclose the scope of work performed in the review assignment.<br /> <br /> The purpose of this article is to establish procedures and guidelines for the review of appraisal reports and approval of just compensation. The reviewer is responsible to assure that appraisal reports comply with instructions for preparing appraisals as set out in this manual, which incorporates requirements of Federal Highway Administration (FHWA), [https://www.fhwa.dot.gov/legsregs/directives/cfr23toc.htm 23 CFR] and [https://ecfr.io/Title-49/ 49 CFR], and [[#USPAP|USPAP]], and that they conform to [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment] requirements and recommendations.<br /> <br /> Occasionally reports are to be written and reviewed in conformance to other standards such as Uniform Appraisal Standards for Federal Land Acquisition (UASFLA) or [https://www.faa.gov/documentLibrary/media/Order/environmental_5100_37b.pdf Land Acquisition and Relocation Assistance for Airport Projects] and policies/advisory [https://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.current/documentNumber/150_5100-17 Circulars/150/5100-17 Chapter 2]. In these instances the reviewer is responsible to obtain the appropriate documents and follow their requirements in the review process.<br /> <br /> ===236.6.4.2 Assignment of Appraisal Review===<br /> <br /> Assistant right of way manager certified is the typical resource for review and approval of just compensation. District right of way managers and field liaison officers who are certified may also review and approve just compensation. A district right of way manager may designate any staff certified appraiser to review and approve just compensation.<br /> <br /> Commissioner and employee-owned property appraisals must be reviewed and approved by Right of Way Section personnel and by the FHWA (See [[236.3 Administration#236.3.4.9 Acquisition of Property from an Employee or a Commissioner of MHTC|EPG 236.3.4.9 Acquisition of Property from an Employee or a Commissioner of MHTC]]).<br /> <br /> ===236.6.4.3 Review and Approval of Appraisal Reports and Waiver Valuations===<br /> <br /> Review and approval of appraisals will be accomplished on a [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation] document (Form 236.6.4.3). Waiver Valuations will be co-signed by the individual inspecting the document.<br /> <br /> The reviewer is responsible to assure compliance with the Scope of Assignment and contract/agreement requirements. The review will verify that all appraisals are complete and correct regarding format utilized, design plans, mathematics, and Appraisal Formats and Instructions for Preparing Appraisal Reports, (See [[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions |EPG 236.6.3 Valuation Formats and Instructions]]). Appraisals must also be examined to determine consistency with other appraisals on the project, must utilize the proper number of appropriate sales, and contain appropriate exhibits.<br /> <br /> The amount of just compensation as established by the reviewer shall be subject to the approval of the Asst. to the State Design Engineer - Right of Way or the district engineer, as appropriate. In addition to above, the reviewer has the following responsibilities:<br /> <br /> :'''A.''' Field inspect each appraised parcel as well as each comparable sale used by the appraiser during the valuation process, when the acquisition and appraisal is of a complicated nature as to require an examination in the field to fully understand the appraisal problem.<br /> <br /> :On limited occasions a desk review of appraisals may be permissible. The reviewer must disclose on Form 236.6.4.3 if only a desk review is done.<br /> <br /> :'''B.''' Examine each appraisal report to determine that it:<br /> <br /> ::'''1.''' Is compiled in accordance with the Department's appraisal specifications, (See [[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions |EPG 236.6.3]], or other manuals that may apply. (Example: Federal Aviation Administration or Uniform Appraisal Standards for Federal Land Acquisition. See [[236.6 Appraisal and Appraisal Review#236.6.3.9 Other Agency Valuations|EPG 236.6.3.9]] and [[236.6 Appraisal and Appraisal Review#236.6.3.10 Airport Valuation|EPG 236.6.3.10]])<br /> <br /> ::'''2.''' Is compiled in accordance with accepted appraisal principles and techniques with regard to valuation of real property.<br /> <br /> ::'''3.''' Contains or makes reference to information necessary to explain, substantiate, and thereby document conclusions, estimates of value, or just compensation.<br /> <br /> ::'''4.''' Offers evidence to support adjustments of comparable sales and depreciation rates, when applicable, or as may be specified within the [[236.6 Appraisal and Appraisal Review#236.6.2 Scope of Assignment|Scope of Assignment]].<br /> <br /> ::'''5.''' Addresses all compensable items, damages, and special benefits, if any, and does not include compensation for items noncompensable under Missouri law.<br /> <br /> :'''C.''' When reviewing multiple appraisals on the same project or in the same area, be attentive to inconsistencies in analyses and conclusions which result in widely varying estimates of just compensation for similar acquisitions and/or damages, including unit values, percentage rates for easements, etc.<br /> <br /> :'''D.''' Request and obtain corrections, revisions, additions and/or clarifications to appraisal reports which do not substantially meet requirements set forth in [[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions|EPG 236.6.3 Valuation Formats and Instructions]]. Such corrections or revisions shall be attached to and become part of the appraisal report. Requests of an uncomplicated nature may be addressed directly to a staff or fee appraiser. Requests of a complex nature will be made in writing.<br /> <br /> :'''E.''' Complete all applicable portions of [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Form 236.6.4.3], allocating compensation between appropriate elements and parties, date and sign the document, thereby establishing and/or approving an amount, in dollars, which in the opinion of the reviewer represents the estimate of value or just compensation.<br /> <br /> :Such opinion will be supported by approval of the appraisal as submitted or as revised to include corrections, revisions, additions and/or clarifications requested and made part of the appraisal report. If reviewer approves a different value, support may come from data furnished in the appraisal report or be developed by the reviewer.<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Approval of Just Compensation] (Form 236.6.4.3) may be subject to the future receipt of additions and clarification, which will be attached and made part of the appraisal report when received. Completion of the form should indicate what corrections; revisions additions and/or clarifications are being requested.<br /> <br /> :'''F.''' If the reviewer is unable to achieve resolution of the errors or deficiencies found in an appraisal report, the district right of way manager may authorize an additional appraisal of the parcel in question.<br /> <br /> :'''G.''' If a Right of Way Section reviewer performs the review, they shall provide the district one fully executed copy of Form 236.6.4.3.<br /> <br /> :'''H.''' Add addenda to previously submitted reports, maintain a log of appraisal and review activity, and answer correspondence.<br /> <br /> :'''I.''' Submit one copy of [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Forms 236.6.4.3] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Adjustment%20of%20Value%20or%20Just%20Compensation%20Form%206.4.4.docx 236.6.4.4] to Right of Way Section. Copies of appraisals are not submitted to Right of Way Section.<br /> <br /> ===236.6.4.4 Adjustment of Value or Just Compensation===<br /> <br /> In some instances it is necessary to effect changes in previously approved values or just compensation. Occasionally, such revisions are so insignificant it isn't justified to assign an appraiser to realign previously approved appraisals with current conditions. Under such circumstances, the reviewer may adjust the approved offer for needed revisions by completing [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Adjustment%20of%20Value%20or%20Just%20Compensation%20Form%206.4.4.docx Adjustment of Value or Just Compensation] (Form 236.6.4.4) and forwarding one copy to the Right of Way Section.<br /> <br /> It is the intention of this document to provide means of correcting minor differences between previously approved amounts and prevailing conditions. Any revisions proposed by the use of Form 236.6.4.4 shall be of such nature that justification or support therefore may be abstracted from a previously approved appraisal reports. If there is any impact on highest and best use or any other appraisal consideration, the problem should not be handled by a Form 236.6.4.4.<br /> <br /> Assistant right of way manager - certified or individuals familiar with the project and appraisals may be designated by the district right of way manager to prepare and sign the Form 236.6.4.4, providing adequate explanation and support for the necessary adjustment.<br /> <br /> ===236.6.4.5 Review of Specialty Appraisal Reports for Equipment or Specialty Items===<br /> <br /> :'''A.''' The review of separate valuations of machinery, equipment, trade fixtures, or other specialty items, carries the following responsibilities:<br /> <br /> ::'''1.''' Field inspect appraised items and then examine each appraisal report to determine that it contains:<br /> :::*statement of purpose of report.<br /> :::*definition of value(s) reported, i.e., in-place value, salvage value, etc.<br /> :::*identification of property and its ownership of record.<br /> :::*statement of appropriate contingent and limiting conditions, if any.<br /> :::*identification of the value problem.<br /> :::*an estimate of values.<br /> :::*accepted principles and techniques for the valuation of the subject of the report.<br /> :::*consideration of compensable items and that report does not include compensation for noncompensable losses.<br /> :::*data and analysis to explain, substantiate, and thereby document estimate of values.<br /> :::*date of inspection and effective date of value. <br /> :::*route, county, project number, job number, parcel number, certification, signature and date of signature of Specialty Appraiser.<br /> :::*photographs and any other necessary descriptive material.<br /> <br /> ::'''2.''' Request and obtain corrections or revisions of specialty appraisal reports which do not substantially meet above criteria.<br /> <br /> ==236.6.5 Contracting with Fee Appraisers==<br /> <br /> ===236.6.5.1 Qualifications for Realty Appraisers===<br /> <br /> Real estate appraisers employed under contract by the Missouri Department of Transportation (MoDOT) shall be State certified and in good standing with the Missouri Real Estate Appraisers Commission, must enjoy a good professional reputation, and must be able to provide acceptable evidence of specific appraisal experience in the type of property that is to be appraised of adequate complexity to demonstrate the applicant’s level of competency and ability to perform.<br /> <br /> ===236.6.5.2 Qualifications for Specialty Appraisers===<br /> <br /> From time to time, it is necessary to contract for the services of individuals or companies who are well qualified to evaluate machinery, equipment, or other specialty items. Specialists performing services of this nature may be members of appraisal or engineering firms whose principal occupation is the appraisal of specialty items, contractors who are engaged in the installation of such items or equipment, suppliers, or dealers who are familiar with the valuation of given specialty items or equipment. All persons performing such services shall be fully qualified to offer an opinion of value in addition to being capable of submitting written information which is essential to explain, substantiate, and thereby document their opinions in accordance with accepted appraisal principles and techniques.<br /> <br /> ===236.6.5.3 Application for Employment as Contract Appraiser===<br /> <br /> All contract appraisers not previously approved by Right of Way Section who are desirous of contracting appraisal work must submit an [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Application%20for%20Employment%20Contract%20Appraiser%20Form%206.5.3.pdf Application for Employment] (Form 236.6.5.3) as a contract appraiser. District right of way shall perform an investigation to determine the qualifications and abilities of the applicant and the appraiser’s general reputation within the profession. All references shown on the application shall be contacted in person or by telephone. All applicants must be recommended by at least two references. After the investigation is completed and the district right of way manager is satisfied with the applicant's qualifications, the district shall transmit to Right of Way Section its recommendation together with one copy of the application, one copy each of two dissimilar appraisal reports, and such other exhibits considered pertinent to the approval process. The Right of Way Section will review the application material to determine the applicant's qualifications. The Right of Way Section will advise the district in writing, if an applicant is approved for<br /> <br /> :*all types of appraisal assignments<br /> :*limited appraisal assignments<br /> :*specialty appraisal work<br /> :*review appraisal work<br /> :*is rejected for lack of qualifications or other causes.<br /> <br /> '''Notice of Approval or Rejection of Application'''<br /> <br /> The Right of Way Section shall notify the appraiser of approval. The Asst. to the State Design Engineer - Right of Way, if necessary, shall send a rejection notice to the applicant. With notice of approval, the appraiser shall be advised how to access the MoDOT electronic manuals.<br /> &lt;div id=&quot;Duration of Approval of Fee Appraisers on the Roster of Approved Appraisers/Reviewers&quot;&gt;&lt;/div&gt;<br /> '''Duration of Approval of Fee Appraisers on the Roster of Approved Appraisers/Reviewers'''<br /> <br /> Duration of approval on the Roster of Fee Appraiser/Reviewers is three years. A renewal application will be sent to each appraiser/reviewer prior to their three-year expiration date as contained in MoDOT’s database. The renewal application will seek to determine the applicants desire to remain on the list and also to capture updated information including address, phone numbers, email addresses and areas of the state the applicant is interested in performing work. If you have any questions you can contact the Right of Way Section of MoDOT's Design Division.<br /> <br /> ===236.6.5.4 Roster of Approved Contract Appraisers===<br /> <br /> A [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Roster of Approved Contract Appraisers] shall be maintained by the Right of Way Section in an electronic database, listing all approved contract appraisers, and indicating the types of appraisal assignments for which each appraiser is approved.<br /> <br /> Sample reports submitted by rejected applicants will be retained, at least those sections that contributed to the rejection.<br /> <br /> ===236.6.5.5 Employment of Contract Appraisers===<br /> <br /> All contracts for appraisal or appraisal review services shall comply with statutory, MoDOT and E-Verify requirements when applicable. Please refer to [[236.3 Administration#236.3.11 Contracting with MoDOT and E-Verify Requirements|EPG 236.3.11 Contracting with MoDOT and E-Verify Requirements]] for more information.<br /> <br /> District right of way is authorized to negotiate or seek proposals for fee appraisal services as needed. The availability of qualified contract appraisers varies by location time period and current economic circumstances. MoDOT policy provides for both the solicitation of [[#236.6.5.8 Competitive Proposals for Contract Realty Appraisals|competitive proposals]] and for [[236.6 Appraisal and Appraisal Review#236.6.5.9 Non-Competitive Proposals for Contract Realty Appraisals|non-competitive or negotiated contracting]] (see EPG 236.6.5.9). The availability of qualified appraisers and project time constraints may determine the bid process that will be followed.<br /> <br /> ===236.6.5.6 Selecting Prospective Contract Appraisers===<br /> <br /> District right of way may select currently approved appraisers from whom proposals are to be solicited. Every effort shall be made to select the most qualified appraisers available for the particular assignments. Consideration should be given to anticipated appraisal problems, experience, past performance, pending appraisal contracts, etc. The district shall contact by letter, telephone, or in person each of the selected appraisers to learn if they are interested in submitting proposals for the required work. All contacts by telephone or in person shall be documented in the district file to show party contacted, date of contact, a brief summary of the conversation and the conclusion of competitive or non-competitive contracting.<br /> <br /> ===236.6.5.7 Preparation of Proposals and Submission to Appraisers===<br /> <br /> The appraiser will be provided a copy of the Proposal for Appraisal Work (CCO RW 16), Appraisal Agreement (CCO RW 17), [[#236.6.2 Scope of Assignment |EPG 236.6.2 Scope of Assignment]] and project plans. (Forms RW16 and RW17 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]). The Scope of Assignment shall identify the required formats and approaches to value, before and after valuation if required, and any other requirements to communicate the scope of the assignment.<br /> <br /> The fee appraiser shall be provided with and advised to become familiar with:<br /> <br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions|Current format instructions]] (see EPG 236.6.3),<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 236.6.3.1.A),<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser Form] (Form 236.6.3.1.B),<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Summary%20of%20Tenant%20Interests%20Form%206.3.1C.pdf Tenant Summary] (Form 236.6.3.1.C),<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|Other Appraisal Considerations]] (EPG 236.6.3.1.D),<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.5 Instructions for Preparing Sale Forms |Instructions for Preparing Sale Forms]] (EPG 236.6.3.5).<br /> <br /> As appropriate, the appraiser shall also be provided with the following information.<br /> <br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.6 Access Rights Valuation|Valuation of Access Rights]] (EPG 236.6.3.6)<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.7 Realty Asset Valuation|Valuation of Realty Assets]] (EPG 236.6.3.7)<br /> :*[[#236.6.3.8 Maintenance Lot and Capital Improvement Valuation|Instructions for Preparing Appraisal for Maintenance Lot and Capital Improvement Acquisitions]] (EPG 236.6.3.8)<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.9 Other Agency Valuations|Instructions for Preparing Appraisal for Other Agencies]] (EPG 236.6.3.9)<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.10 Airport Valuation|Instructions for Preparing Airport Appraisals]] (EPG 236.6.3.10)<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.4 Appraisal Review and Approval of Just Compensation|Review and Approval of Appraisal Reports]] (EPG 236.6.4)<br /> <br /> Each prospective appraiser must be completely familiar with all aspects of proposed appraisal assignment. A member of the district right of way staff shall be available to accompany prospective appraisers during a field review of each parcel if requested, in order to acquaint them with project plans, rights to be appraised, and any unusual appraisal problems that may be encountered. It should also be clearly understood that the appraisers will or will not value items of equipment or machinery which are considered realty but offer minimal contributory value to the property. Should any parcel contain equipment or machinery, requiring the services of a specialty appraiser, the prospective real estate appraiser shall be advised that a copy of the specialty appraisal will be furnished for inclusion within the real estate appraisal report.<br /> <br /> In some instances, as provided by the contract, the appraiser shall furnish a contractor's estimate of cost to cure items, replacement costs of unusual structural improvements, sewer systems, etc. Contractors or specialists employed by the appraiser to perform such services must be approved in writing by the district engineer.<br /> <br /> '''NOTE:''' A contractor shall not be approved to perform identical services for two appraisers when both are appraising the same parcel.<br /> <br /> The appraiser shall be requested to submit proposal(s) setting forth fees for each individual parcel.<br /> <br /> ===236.6.5.8 Competitive Proposals for Contract Realty Appraisals===<br /> <br /> When the competitive proposal process for contracting realty appraisals is utilized, the district shall make a reasonable effort to secure proposals from those approved appraisers who have demonstrated expertise to accomplish the proposed appraisal assignments, by notification of a pending project requiring the services of fee appraisers.<br /> <br /> It should be noted that appraisal contracts are to be awarded to the lowest and best bid. The term &quot;lowest&quot; pertains strictly to the dollar amount of the proposal. The term &quot;best&quot; takes into consideration the issue of timeliness, or delivery date, the comparative level of experience of the bidders, and also the past records of individuals with respect to quality of work product and adherence to contractual requirements and deadlines. In other words, though important, mere submission of the lowest cost proposal will not, in and of itself, assure that bidder of being awarded a particular contract.<br /> <br /> Projects or sections thereof containing parcels that require only one appraisal shall be awarded to the lowest and best bid.<br /> <br /> Projects or sections thereof containing fee holds requiring two appraisals shall be awarded to the two bids that are considered lowest and best.<br /> <br /> :'''A. Proposals From Contract Appraisers'''<br /> <br /> :Proposal for Appraisal (CCO Form RW 16) (Form RW16 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) work shall be used by the appraisers for submission of their proposals. The district shall complete all portions of proposal except fees, date, and signature of appraiser. An envelope directed to district right of way shall be provided with a notation prominently displayed ''&quot;Proposed Appraisal Fees - Do Not Open.&quot;'' One copy of each proposal together with the envelope shall be given to each appraiser. Every appraiser should be admonished not to add or delete any terms or conditions or amend the proposal in any way. Altered or amended proposals will be rejected at the time of opening.<br /> <br /> :The district right of way manager may arrange with the prospective appraiser for electronic submissions of proposals directly to the district support services manager. Faxed submissions of proposals shall not be accepted because confidentiality cannot be maintained.<br /> <br /> :All proposals received at by district right of way shall be retained by the district support services manager until time of opening.<br /> <br /> :'''B. Opening Of Proposals, Checking Tabulations And Preparing Contract'''<br /> <br /> :District right of way personnel and/or the district administrative services supervisor shall open all proposals at the prescribed time. Personnel supervising the opening shall publicly announce to all in attendance the amounts recited in each proposal.<br /> <br /> :Right of way personnel shall subsequently check the tabulations for accuracy and then compare the results. If the total amount shown in the lowest and best proposal is acceptable, the district may prepare an appraisal contract in favor of the party submitting such proposal. Contracts must contain the same provisions as proposal. District right of way shall then submit to the district engineer three copies of appraisal contracts as executed by the selected bidders and one copy of proposal as received from each bidder. The District engineer shall review subject data and cause the contract to be approved or rejected.<br /> <br /> :If the lowest and best proposal is found unacceptable, the district has the option to proceed with the lowest and best bid or reject all proposals and re-solicit in an effort to secure more acceptable appraisal fees.<br /> <br /> ===236.6.5.9 Non-Competitive Proposals for Contract Realty Appraisals===<br /> <br /> The district shall select appraisers from the current roster of approved appraisers. Every effort shall be made to select the most qualified appraisers available for the particular job. Consideration should be given to anticipated appraisal problems, talents, skills possessed by the individual, appraiser's past performance, pending appraisal contracts, etc. District personnel shall contact the selected appraiser to determine their availability to complete the work within a specified time.<br /> <br /> All contacts shall be documented in the district file to show party contacted, date of contact, and brief summary of the conversation. Each prospective appraiser must be made completely familiar with all provisions of the appraisal contract, appropriate instructions for preparing appraisals, and any other requirements necessary for the completion of the appraisal assignment.<br /> &lt;div id=&quot;After the appraiser has been made aware&quot;&gt;&lt;/div&gt;<br /> After the appraiser has been made aware of all facts regarding the prospective appraisal assignment, the district shall request a proposal setting forth a fee for each parcel by preparing a Proposal for Appraisal Work (use Form CCO RW 16, which is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) for execution by the District Engineer. <br /> <br /> The proposal must be dated, signed, and submitted to district right of way.<br /> <br /> The district right of way manager or a designated representative shall review each proposal to determine if reasonable fees are being proposed. Should it be determined that the proposed fees appear excessive, the district right of way manager or designee shall negotiate with the appraiser in an effort to achieve acceptable fees. In the event negotiations fail to produce acceptable fees, the district has the option to negotiate with another appraiser or initiate the competitive bid process.<br /> <br /> When acceptable fees are reached, the district may prepare an appraisal contract in favor of contract appraiser for execution by the district engineer. The district engineer shall review subject data and cause contract to be approved or rejected. The contract must contain the same provisions as the proposal, such as, authorization to estimate contributory value to unaffected improvements, furnishing specialty appraisal for inclusion in realty appraisal report, etc.<br /> <br /> One copy of the fully executed appraisal contract shall be sent to the Right of Way Section and a copy retained in the district files. The third copy is to be given to the contract appraiser, together with a current set of highway plans and such other data necessary to fulfill the contract. At that time, the appraiser shall also be given a written notice to proceed, stipulating the date on which he/she may begin working on the project.<br /> <br /> ===236.6.5.10 Contracting Specialty Appraisals===<br /> <br /> Persons or firms offering such services may be so limited that competition is nonexistent. If, however, there is a competitive market, proposals shall be solicited in the same manner as defined for realty appraisals. When open competition does not exist, the district shall contact available specialty appraisers for the purpose of soliciting proposals for the appraisal of machinery, equipment, trade fixtures, or other specialty items.<br /> <br /> Being listed on MoDOT’s current Roster of Approved Appraisers is not required. Every effort shall be made to secure the most qualified person for the proposed assignment.<br /> <br /> District personnel shall be available to accompany the prospective appraiser in the field review of items to be appraised and to explain the specifications and requirements of the contract, completion time, etc. After being made fully aware of all requirements, the prospective appraiser shall submit to the district a statement setting forth a proposed fee for the specialty items of each parcel. District personnel shall review the proposal and if acceptable, prepare and submit to the appraiser a Specialty Appraisal Contract. The contract must contain the same provisions as the proposal that was submitted. Upon return of the executed contract from the appraiser, district right of way shall then submit to the district engineer three copies of the contract, as executed by the appraiser. The district engineer shall review subject data and cause the contract to be approved or rejected.<br /> <br /> ===236.6.5.11 Supplemental Appraisal Contracts===<br /> <br /> Subsequent to the submission and/or acceptance of fee appraisals, it sometimes becomes necessary, due to plan changes or time lapse, to request reappraisals or updates. If such services are required, they are to be secured in cooperation with the fee appraiser by processing a supplemental appraisal Supplemental Appraisal Agreement (CCO Contract RW 18). (Form RW is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> ===236.6.5.12 Distribution of Fully Executed Appraisal Contracts===<br /> <br /> One copy of the fully executed appraisal contract shall be sent to the Right of Way Section. One copy must be retained in the district file and the third copy is to be given to the contract appraiser together with a current set of highway plans and other data necessary to accomplish the contract. At that time the appraiser shall also be given a written notice to proceed, stipulating the date on which the appraiser may begin working on the project.<br /> <br /> ===236.6.5.13 Fee Appraiser Performance Evaluation===<br /> <br /> The fee appraiser is to be made aware that their overall performance will be carefully evaluated and that failure to perform at an acceptable level can result in their removal from MoDOT’s list of approved appraisers. The appraiser must be rated after completion of each contract on which shortcomings or problems arose in the contract experience. The object of this evaluation is to document less-than satisfactory performance, not continually attempt to rate consistent satisfactory performance.<br /> <br /> For the evaluation process to be meaningful all answers must accurately reflect the conclusions of the person completing the form, based on a thorough analysis of the fee appraiser's performance on that specific contract.<br /> <br /> Some questions may require more than a simple yes or no answer. If that is the case the comments should be written on a separate page and attached to the evaluation report.<br /> <br /> Properly used the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Fee%20Appraiser%20Performance%20Evaluation%20Form%206.5.13.pdf Fee Appraiser Performance Evaluation] (Form 6.5.13) can be of considerable value to MoDOT in effectively managing contract appraisal work. It is intended to serve as the documentary basis for the retention or dismissal of fee appraisers. If an appraiser is to be removed from the roster of approved appraisers based on poor performance they must be notified in writing by the Asst. to the State Design Engineer - Right of Way.<br /> <br /> The Fee Appraiser Performance Evaluation is strictly for MoDOT’s internal use and is not to be given to fee appraisers.<br /> <br /> :'''A. Distribution Of Evaluation Form:'''<br /> <br /> :Upon completion of the Fee Appraiser Performance Evaluation, it is to be signed by the reviewer or district right of way manager, and a copy provided to the Right of Way Section.<br /> <br /> :The evaluation form will be retained in the fee appraiser's permanent file in the Division office.<br /> <br /> :'''B. Notification To Fee Appraiser Of Unsatisfactory Performance'''<br /> <br /> :If it is concluded by both district and Division reviewers that the appraiser’s work falls below an acceptable level in terms of quality and/or timeliness, a letter signed by the Asst. to the State Design Engineer - Right of Way shall be mailed to the contract appraiser advising that performance was found to be unsatisfactory. A copy of this letter is to be maintained in the appraiser's permanent file at Right of Way Section.<br /> <br /> :Suggested language for this is: “Attached please find a Fee Appraiser Performance Evaluation that has been completed as a result of your appraisal contract and activity on _______________. This is your notice of unsatisfactory performance in the completion of that contract. This evaluation will be kept as part of your permanent file.”<br /> <br /> :'''C. Notification To Fee Appraiser Of Removal From Roster Of Approved Contract Appraisers'''<br /> <br /> ::'''1.''' Removal from Roster After Unsatisfactory Performance<br /> <br /> ::If, after receiving a letter notification of unsatisfactory performance, the appraiser’s work on a subsequent contract results in an evaluation with a recommendation of unsatisfactory performance or removal from the Roster of Approved Appraisers a letter signed by the Asst. to the State Design Engineer - Right of Way shall be mailed to the contract appraiser advising that they have been removed from the Roster of Approved Appraisers in accordance with MoDOT policy.<br /> <br /> ::'''2.''' Removal From Roster After First Contract<br /> <br /> ::Special circumstances may warrant a recommendation for the removal of an appraiser from the Roster of Approved Contract Appraisers as a result of the first evaluation. In such case the appraiser may be notified of removal without prior notification of unsatisfactory performance.<br /> <br /> ::'''3.''' Concurrence From Chief Counsel on Removal From Roster<br /> <br /> ::Consideration should be given to the appraiser's involvement with other districts and LPAs as well as the disposition of cases where the appraiser might be expected to be a witness when determining the timing of removal from the Roster of Approved Contract Appraisers.<br /> <br /> ==236.6.6 Appraisal Agreements==<br /> <br /> ===236.6.6.1 Appraisal Agreement===<br /> <br /> All fee appraisers performing appraisal work for MoDOT shall do so by authority of a contractual agreement. An Appraisal Agreement (CCO RW17) (Form RW17 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is available. District right of way managers shall assure that each agreement contains: name and address of appraiser, parcel number for each parcel to be appraised, route, project, county, number of calendar days in which to complete the contractual work, a specific appraisal fee for each parcel, the personal services of given individual, signature of appraiser, and date appraiser signed proposed agreement. Appraisal agreements with companies, firms, or corporate entities shall designate a given individual who shall perform the valuation services. All appraisal agreements with companies, firms or corporate entities shall be executed by an officer of such entity and the individual identified as the individual who shall be performing the valuation service. Each appraisal agreement shall contain all appropriate attachments (see list at [[236.6 Appraisal and Appraisal Review#236.6.5.7 Preparation of Proposals and Submission to Appraisers |EPG 236.6.5.7]]).<br /> <br /> ===236.6.6.2 Supplemental Appraisal Agreement===<br /> <br /> A copy of the Commission's Supplemental Appraisal Agreement (CCO RW 18) (Form RW18 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements])is available. This document is designed to minimize administrative efforts when it becomes necessary to add additional parcels to the original Appraisal Agreement, reappraise certain parcels, update, or secure addenda to the original appraisal reports.<br /> <br /> The Supplemental Appraisal Agreement refers to specifications as recited in original Appraisal Agreement so it becomes imperative that such requirements and specifications are effective at the date &quot;new&quot; parcels are added to the original agreement. New parcels shall be construed to mean tracts not previously appraised or formerly appraised parcels where the plan or ownership revisions are so acute as to nullify the original appraisal report. Updating or addenda to the original appraisals shall not be subject to subsequently revised appraisal specifications.<br /> <br /> Supplemental Appraisal Agreements shall contain: name, signature, date of signature by appraisal contractor (signature must be exactly the same as shown in original agreement), contractor's address, date of original agreement, route, project, and county. Supplemental Appraisal Agreements shall also recite parcel numbers, type of appraisal data designated, such as appraisal, update, addendum, etc., and the fee to be paid for each parcel. When adding &quot;new&quot; or additional tracts to original Appraisal Agreement, the supplement must specify type of appraisal format required and approaches to value concurrent with standard appraisal format. Also a calendar period or time frame in which the work is to be completed must be specified.<br /> <br /> Three copies of Supplemental Appraisal Agreement, as signed by the proposed contractor shall be submitted to the district engineer. The district engineer shall review all contents of proposed Supplemental Appraisal Agreement and subsequently approve or reject the proposal. Should the Supplemental Agreement be approved as submitted, the district engineer will execute the documents. One fully executed copy shall be returned to the contractor, one copy shall be retained in district right of way and one shall be submitted to the Right of Way Section.<br /> <br /> ===236.6.6.3 Specialty Appraisal Agreement===<br /> <br /> The Specialty Appraisal Agreement shall be employed when it becomes necessary to contract for the services of specialty appraisers. Such specialized services may become necessary when evaluating machinery, equipment, and appurtenances situated within or upon premises being appraised by real estate appraisers.<br /> <br /> The district right of way manager shall assure that each proposed agreement contains: name and address of contractor, number of calendar days in which work shall be completed, route, project, county, tract number or numbers, owner's name, and fee to be paid for each parcel. The agreement shall include an appropriate [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1B). The proposed agreement shall also recite the individual's name that shall perform the valuation services, contractor's signature, the state in which incorporated (if corporate entity), and the date of execution by the contractor.<br /> <br /> Three copies of Specialty Appraisal Agreement, as signed by the proposed contractor shall be submitted to the district engineer. The district engineer shall review all contents of proposed Specialty Appraisal Agreement and subsequently approve or reject the proposal. Should the Specialty Appraisal Agreement be approved as submitted, the district engineer will execute the documents. One fully executed copy shall be returned to the contractor, one copy shall be retained in the district right of way and one shall be submitted to the Right of Way Section.<br /> <br /> ==236.6.7 Highway Beautification Program Billboard Valuation==<br /> <br /> ===236.6.7.1 General===<br /> <br /> Statutes of State of Missouri provide the Commission with authority to acquire certain off-premise outdoor advertising signs and junkyards without an associated acquisition project. Such authority is provided for the purpose of controlling signs adjacent to the [https://www.modot.org/media/14052 National Highway System] to promote highway safety, convenience and enjoyment of highway travel, and to preserve the national scenic beauty of highways and adjacent areas. As this program is executed, it will become necessary to appraise certain realty rights sought by the Highways and Transportation Commission.<br /> <br /> ===236.6.7.2 Appraisal Format for Billboards and Sites===<br /> <br /> Use the [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|Standard Format Appraisal]] and see [[#Billboard|EPG 236.6.1.D. 2, Billboard Valuation]] for instructions. Each appraisal report shall have attached [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 236.6.3.1.A) and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1.B).<br /> <br /> If a scenic easement is to be acquired, Scenic Easement, Form CCO RW 6 (Form RW6 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) for the terms and conditions that will be applied to the property and determine value accordingly.<br /> <br /> Valuation for sign site shall be determined by capitalizing economic rent. Such rents may be estimated from three comparably leased premises. Use [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Comparable Lease] (Form 236.6.3.5.C) to indicate pertinent leasing data.<br /> <br /> ===236.6.7.3 Specialized Services and/or Estimates===<br /> <br /> During the appraisal of certain signs, it may become advantageous to secure the services of specialized personnel or companies to advise as to cost of such items as electrical systems, unusual pictorial art, etc. Should the need for such services arise, the district right of way manager or their designee may inquire of two companies offering such services in an effort to determine approximate fees for the desired information. The district right of way manager shall then submit such proposals to the Right of Way Section for approval or rejection. Subsequently acquired cost data shall be reviewed by assistant right of way manager - certified, and if found acceptable, submitted to an appraiser for analysis and incorporation into appraisal document to the extent deemed appropriate by the appraiser.<br /> <br /> [[category:236 Right of Way|236.06]]</div>

Hallej1 https://epgtest3.modot.org/index.php?title=236.6_Appraisal_and_Appraisal_Review&diff=51766 2022-08-23T20:01:15Z

<p>Hallej1: /* 236.6.3 Valuation Formats and Instructions */</p> <hr /> <div>{|style=&quot;padding: 0.3em; margin-left:15px; border: 1px solid #cccccc; text-align:center; font-size: 95%; background:#f5f5f5&quot; width=&quot;250px&quot; align=&quot;right&quot; <br /> |- <br /> |'''Forms'''<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Adjustment%20of%20Value%20or%20Just%20Compensation%20Form%206.4.4.docx Adjustment of Value or Just Compensation (Form 6.4.4)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Application%20for%20Employment%20Contract%20Appraiser%20Form%206.5.3.pdf Application for Employment as Contract Appraiser (Form 6.5.3)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation (Form 6.4.3)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions (Form 6.3.1A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser (Form 6.3.1B)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Comparable Lease (Form 6.3.5C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Fee%20Appraiser%20Performance%20Evaluation%20Form%206.5.13.pdf Fee Appraiser Performance Evaluation (Form 6.5.13)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Nonresidential Sale (Form 6.3.5A)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Realty%20Asset%20Estimate%20Greater%20than%20%2425000%20Form%20236.6.3.7C.pdf Realty Asset Estimate Greater Than $25,000 (Form 6.3.7C)]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Realty%20Asset%20Estimate%20Less%20than%20%2425000%20Form%20236.6.3.7.b.pdf Realty Asset Estimate Less Than $25,000 (Form 6.3.7B)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Renewal%20Application%20Employment%20Contract%20Appraiser%20Form%206.5.3a.pdf Renewal Application for Employment as Contract Appraiser (Form 6.5.3a)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Residential Sale (Form 6.3.5B)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Roster of Approved Contract Appraisers]<br /> |-<br /> |[http://eprojects/Templates/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment (Form 6.2.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format (Form 6.3.1)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Summary%20of%20Tenant%20Interests%20Form%206.3.1C.pdf Summary Value of Tenant Interests (Form 6.3.1C)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx Uniform Residential Appraisal Report and Addendum (URAR) (Form 6.3.4)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20Finding%20Appraisal%20Form%20236.6.3.2.docx Value Finding Appraisal Format (Form 6.3.2)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20for%20Realty%20Asset%20Inventory%20Form%206.3.7.A.dotx Value for Realty Asset Inventory (Form 6.3.7A)]<br /> |-<br /> |[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Waiver%20Valuation%20Form%206.3.3.docx Waiver Valuation - Payment Estimate (Form 6.3.3)]<br /> |-<br /> |Forms RW16 and RW17 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].<br /> |}<br /> <br /> <br /> ==236.6.1 Overall Operating Policies==<br /> <br /> ===236.6.1.1 Appraisal Reports Required===<br /> <br /> It shall be the policy of The Missouri Department of Transportation (MoDOT) to secure at least one appraisal of each fee hold which is sought, or from which is sought certain realty rights having an estimated value that exceeds $25,000. Said appraisals shall be prepared on approved formats and comply with accepted appraisal practices.<br /> <br /> Non-complex valuations of acquisitions of less than $25,000 shall be prepared on a [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Waiver%20Valuation%20Form%206.3.3.docx Payment Estimate], (Form 236.6.3.3) or other Waiver Valuation document that has been approved by Right of Way Section, Waiver Valuations, including Payment Estimate are not considered an appraisal.<br /> <br /> An exception to this policy shall include lands or rights owned by the United States of America or any other entity where the owners thereof are willing to donate necessary rights or parts thereof subsequent to being informed of MoDOT's policy with regard to appraisals and grantors' rights to receive just compensation.<br /> <br /> District right of way management may assign additional appraisal reports by the same staff or fee appraiser that prepared an initial appraisal report (i.e. changed conditions, time, different format for condemnation, etc.) or assign an additional appraisal report to a different appraiser. Additional appraisal reports by two appraisers for the same time and conditions should only be assigned when the complexity of the acquisition already necessitates a Standard Format appraisal and should only be assigned under the most complex and high value situations. Complexity and relative high value varies by location, available data, unique nature or property type, extent of property impact, etc. A second appraisal of the same conditions and effective date might be considered when an initial appraisal submittal is found to be inadequate or inappropriate, as determined by district right of way management. Additional appraisal reports by the same or different appraiser may be considered prior to condemnation action, as determined by district right of way management.<br /> <br /> A specialty appraisal shall be secured when affecting or acquiring all or a part of equipment, trade fixtures, or specialty items and the evaluation thereof is beyond the expertise of realty appraiser(s), as indicated by the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment], (Form 236.6.2.2).<br /> <br /> :'''A. Valuation Reports Provided to Owner and Tenant'''<br /> <br /> :MoDOT adopted policy January 1, 2004 to provide valuation reports to owners at the initiation of negotiation ([[236.7 Negotiation|EPG 236.7 Negotiation]]).<br /> <br /> :[https://revisor.mo.gov/main/OneSection.aspx?section=523 Chapter 523 RSMo] requires &quot;(1) Any condemning authority shall, at the time of the offer, provide the property owner with an appraisal or an explanation with supporting financial data for its determinations of the value of the property for purposes of the offer made in subsection 1 of this section. (2) Any appraisal referred to in this section shall be made by a state-licensed or state-certified appraiser using generally accepted appraisal practices.&quot;<br /> <br /> :The above licensing and certification requirement is satisfied by the co-signature of a certified person on Waiver Valuations and review by a certified person on value finding and standard appraisals.<br /> <br /> :'''B. Guidelines for Valuation Reports Provided to Owner and Tenant'''<br /> <br /> ::*Approved appraisal report or Payment Estimate/Waiver Valuations will be provided to owners, with all analysis and adjustment grids, exhibits, certificates, etc.<br /> ::*Reviewers should not remove any material, approach, conclusion, exhibit, etc. from reports without the cooperation and consent of the appraiser.<br /> ::*When a reviewer is required to reconcile between two MoDOT-authorized appraisals, district management shall make a determination of what report(s) and other supporting rationale are to be provided to the owner. Each report shall contain its own sale data, with only location, size, price and other comparative data being included.<br /> ::*If Sale Data Sheets are provided to owners, it will necessitate that the appraiser using the form will be fully responsible for the content of sale forms written by others.<br /> ::*Confidentially confirmed sale information cannot be included in appraisals provided to owners. If there is no substitute for the use of confidential information, the method of its use must be addressed by the district on a case-by-case basis. The information may only be useable as backup or support in the appraiser’s file, rather than in the report.<br /> ::*When tenant owned improvements, fixtures or personalty are acquired or affected by the acquisition, the district should prepare and provide a [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Summary%20of%20Tenant%20Interests%20Form%206.3.1C.pdf Summary Value of Tenant Interests] (Form 236.6.3.1.C), to the tenant.<br /> <br /> :'''C. Review Forms to Right of Way Section'''<br /> <br /> :Copies of appraisals shall be maintained in the district according to document retention schedule and are not sent to Right of Way Section. A copy of [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation] (Form 236.6.4.3) and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Adjustment%20of%20Value%20or%20Just%20Compensation%20Form%206.4.4.docx Adjustment Of Value Or Just Compensation] (Form 236.6.4.4) shall continue to be sent to Right of Way Section.<br /> <br /> :'''D - RWPA system requirements for Appraisals and Improvements'''<br /> <br /> The approved appraisal must be uploaded in eProjects under the applicable project and parcel. All data must be entered in RWPA on the Appraisal List screen: Type (Appraisal, Revision, Review), Format, Date, Appraised Amount and Approved Amount. <br /> <br /> If there are any improvements on the property, the Type of Improvement (Residential, Commercial, Agricultural, Industrial or Other) must be entered on the Improvements screen in RWPA.<br /> <br /> ===236.6.1.2 Certification and Appraisal Assignment===<br /> <br /> All fee appraisal work performed for MoDOT for realty acquisition, shall be by contractual agreement with certified appraisers from the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Roster of Approved Contract Appraisers].<br /> <br /> Any right of way personnel that have a Residential or General Certification are authorized to prepare appraisal reports and Waiver Valuations. The district right of way manager may authorize non-certified senior, intermediate and right of way specialists to prepare and sign Waiver Valuations. The Right of Way Section may authorize non-certified senior, intermediate and right of way specialists to prepare and sign [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Value Finding], [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Format] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR] appraisal reports.<br /> <br /> Waiver valuations shall be prepared or cosigned by certified personnel. Value Finding, Standard Format and URAR appraisal reports prepared by non-certified personnel will be reviewed by, and just compensation approved by certified personnel.<br /> <br /> ===236.6.1.3 Moonlighting===<br /> <br /> The practice of right of way personnel holding additional jobs in the real estate profession, such as sales, brokering, appraising, researching, or sale of realty information and escrowing realty accounts, is strictly prohibited. Refer to [https://www.modot.org/sites/default/files/documents/Conflict%20of%20Interest_0.pdf Personnel Policy 2514 Conflict of Interest].<br /> <br /> ===236.6.1.4 Employment of Retirees===<br /> <br /> Human Resources, [https://www.modot.org/sites/default/files/documents/Employment%20of%20Retirees.pdf Personnel Policy Manual, Policy 0514, Employment of Retirees], governs contracting for appraisal or other realty and relocation services by retirees.<br /> <br /> ===236.6.1.5 Separation of Functions===<br /> <br /> :'''A. Valuation Limit'''<br /> <br /> :The same individual may value and negotiate for simple acquisitions with compensation of $25,000 or less (excluding fence), and valued by a Waiver Valuation. Valuation conclusions less than $25,000 and prepared on other than a Waiver Valuation (for complexity purposes) must be negotiated by personnel other than the valuer.<br /> <br /> :'''B. Relocation Restriction'''<br /> <br /> :An appraiser, having appraised a given parcel containing occupied improvements, may compile a rental subsidy study or replacement housing comparison record for that given property.<br /> <br /> ===236.6.1.6 Use of Forms===<br /> <br /> The forms provided shall be used without alteration, to the extent practical. Since appraisals and Waiver Valuations may be provided to property owners, each report should contain all necessary supporting information to make the report complete and informative.<br /> <br /> Use of alternative sale forms by fee appraisers is addressed in [[236.6 Appraisal and Appraisal Review#236.6.3.5 Instructions for Preparing Sale Forms|EPG 236.6.3.5.D]].<br /> <br /> ===236.6.1.7 Commission Member and Employee Property Valuation===<br /> <br /> See [[236.3 Administration#236.3.4.9 Acquisition of Property from an Employee or a Commissioner of MHTC|EPG 236.3.4.9 Acquisition of Property from an Employee or a Commissioner of MHTC]].<br /> <br /> ==236.6.2 Scope of Assignment==<br /> <br /> ===236.6.2.1 Scope of Assignment===<br /> <br /> [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR 24.103] requires minimum requirements for appraisals consistent with established and commonly accepted appraisal practice, including all relevant and reliable approaches to value. These appraisal requirements accommodate an appraisal reporting level commensurate with complexity. [[#USPAP|Uniform Standards of Professional Appraisal Practice (USPAP)]], (see EPG 236.6.3.1.d.17), contains a “Scope of Work Rule”, which requires identification of the problem to be solved, determination and performance of the scope of work necessary to develop credible assignment results, and disclosure of the scope of work in the report. To fulfill the objectives of the CFR and USPAP, the Missouri Department of Transportation (MoDOT) has developed the Scope of Assignment process to assure appraisal reports meet reporting requirements, appraisal principles and standards, and provide a high quality appraisal document. The Scope of Assignment preparer must be familiar with the requirements of the various formats (see [[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions|EPG 236.6.3 Valuation Formats and Instructions]]).<br /> <br /> All Scope of Assignment documents will be prepared by an individual familiar with all appraisal requirements for proper appraisal practice, approaches to value, rules and laws relevant to valuation for condemnation purposes, 49 CFR, USPAP, etc. The scope will identify the anticipated minimum requirements for an appraisal document to address all issues resulting from acquisition from a property. The Scope of Assignment preparer shall assign a level of documentation consistent with the complexity and anticipated value conclusion range of each acquisition. The assignment criteria must assure adequate documentation yet not assign or pay for more work than meets MoDOT’s needs.<br /> <br /> The Scope of Assignment, Form 6.2.2, can be used as a working document throughout the life of the appraisal work for a project.<br /> <br /> ===236.6.2.2 Scope of Assignment Processes===<br /> <br /> A Scope of Assignment may merely direct an appraiser experienced with MoDOT formats and their instructions, what format to use along with any special instructions. Otherwise, a more detailed Scope of Assignment shall be used for staff or fee appraisers less experienced with MoDOT formats.<br /> <br /> '''Scope of Assignment for Complex Assignment or Inexperienced Staff and Fee'''<br /> <br /> A Scope of Assignment may indicate the following for each parcel, when applicable:<br /> <br /> :'''1.''' Total land area, proposed acquisition area, temporary and permanent easement, etc.<br /> <br /> :'''2.''' A description of land and improvements.<br /> <br /> :'''3.''' The manner in which proposed highway improvement might affect remaining real property.<br /> <br /> :'''4.''' Identify and explain all observed elements of loss or damage.<br /> <br /> :'''5.''' Identify curable losses, if any are observed.<br /> <br /> :'''6.''' Under all appraisal formats the value estimates must include all fee owned and tenant owned improvements, both affected and unaffected. The scope may authorize the appraiser to estimate the contributory value of unaffected improvements.<br /> <br /> :'''7.''' A statement from Commission's counsel with regard to special benefits when it is anticipated that such benefits may accrue to a remaining fee hold.<br /> <br /> :'''8.''' An explanation of those appraisal problems that warrant two appraisals on the same parcel.<br /> <br /> :'''9.''' A Scope of Assignment may indicate what evidence is required to support depreciation rates for affected improvements when a cost approach is specified. If primary reliance is likely to be placed on the cost approach a higher standard of support for the depreciation estimate should be required.<br /> <br /> :'''10.''' A Scope of Assignment may indicate if specialty appraisals to evaluate affected machinery, specialty items, trade fixtures, etc. are required. Also, if MoDOT or the fee appraiser is responsible for obtaining said appraisal and which party is responsible for the cost of specialty appraisals.<br /> <br /> :'''11.''' A Scope of Assignment may indicate a suggestion or requirement to engage a contractor to furnish cost to cure estimates for rehabilitating remainder buildings, correcting or revising affected sewer systems, water lines, fence, etc., and if MoDOT or the fee appraiser is responsible for obtaining and the cost of the contractor’s services.<br /> <br /> :'''12.''' Approaches to Value<br /> <br /> :The sales comparison approach often develops the most credible indication of value. In most situations this may be the only approach necessary to estimate just compensation. The cost less depreciation approach is best applied to newer, special use, or unique improvements not normally transferring in the market place. An income approach may be implemented when appropriate.<br /> <br /> :The Scope of Assignment shall indicate the recommended approach or approaches to value &quot;before&quot; as well as &quot;after&quot; when applicable.<br /> <br /> :The sales comparison approach shall be shown for parcels where appraiser relies upon vacant land sales and may estimate contributory value of unaffected improvements.<br /> <br /> ==236.6.3 Valuation Formats and Instructions==<br /> <br /> ===236.6.3.1 Standard Appraisal Format===<br /> <br /> Use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format] (Form 236.6.3.1) is required when:<br /> <br /> :*the appraisal problems are judged complex<br /> :*the highest and best use of a property as improved is different than the highest and best use as if vacant<br /> :*residential or other major improvements are acquired, unless use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR] appraisal is specified.<br /> :*there is a change in the highest and best use after the acquisition.<br /> <br /> The appraiser shall adhere to the following format and shall include paragraph headings and numbers as shown. The appraisal shall be typewritten on 8 1/2&quot; x 11&quot; paper with the pages numbered sequentially.<br /> <br /> These format instructions set out appraisal requirements of the Missouri Department of Transportation (MoDOT) and the Federal Highway Administration (FHWA). It is inevitable that appraisers will occasionally encounter situations that are not specifically addressed herein. In all cases the appraiser is responsible for a credible, adequately documented appraisal. Reasonableness and typical professional appraisal practices are the standard.<br /> <br /> There are a number of ownership items and appraisal problems frequently encountered in valuing acquisitions for transportation purposes, on which policies have been established by case law, management decision and precedent. These policies apply to all appraisal formats and are described in [[#Other Appraisal Considerations|EPG 236.6.3.1.D, Other Appraisal Considerations]].<br /> <br /> <br /> [[Image:236.6.3 Standard Identification Block.jpg|right|400px]]<br /> <br /> A standardized identification block (see example at right) shall be included at the front of the appraisal, without deviation.<br /> <br /> <br /> Reporting the effective date of appraisal and date of report are required by Code of Federal Regulations (CFR) and [[#USPAP|Uniform Standards of Professional Appraisal Practice (USPAP)]]. The effective date of appraisal establishes the context for the value opinion, generally the date of last inspection. For condemnation appraisal reports, the effective date will be the date the commissioners’ award is paid into court. The report date with the signature on the certificate should normally be the date the appraisal is complete or turned in for review.<br /> <br /> &lt;div id=&quot;Owner and Tenant Owner&quot;&gt;&lt;/div&gt;<br /> :'''1. Owner and Tenant Owner'''<br /> <br /> :Identify owner and tenant owner by address, phone number, etc.<br /> <br /> &lt;div id=&quot;Purpose of Appraisal&quot;&gt;&lt;/div&gt;<br /> :'''2. Purpose of Appraisal'''<br /> <br /> :The purpose of this appraisal is to estimate just compensation due the owners as a result of acquiring land and realty rights as herein described.<br /> <br /> ::'''Fair Market Value Definition:''' Fair market value is the value of the property taken after considering comparable sales in the area, capitalization of income, and replacement cost less depreciation, singularly or in combination, as appropriate, and additionally considering the value of the property based upon its highest and best use, using generally accepted appraisal practices. If less than the entire property is taken, fair market value shall mean the difference between the fair market value of the entire property immediately prior to the taking and the fair market value of the remaining or burdened property immediately after the taking. See [https://revisor.mo.gov/main/OneSection.aspx?section=523.001 RSMo 523.001].<br /> <br /> ::Do not use definitions from various appraisal organizations and sources. Failure to use the above definitions can result in having the testimony of a witness stricken.<br /> <br /> ::'''Intended Use:''' The intended use of the appraisal report is to assist MoDOT establish of the amount of compensation to pay for the land and property rights to be acquired.<br /> <br /> ::'''Intended Users:''' Intended users of this report are the Missouri Highways and Transportation Commission (the client), the MoDOT, the FHWA and the United States Department of Transportation and persons authorized by the client. Although the MoDOT authorizes a copy of this appraisal report be provided to the owner of the subject property for information only, the owner is not an intended user as defined by USPAP.<br /> <br /> ::'''[[#USPAP|Uniform Standards of Professional Appraisal Practice (USPAP)]]:''' The appraiser shall include the following statement in the appraisal report:<br /> <br /> &lt;div id=&quot;Compliance Statement&quot;&gt;&lt;/div&gt; <br /> ::'''USPAP Compliance Statement:''' This appraisal was prepared according to the contract/assignment from the agency, Missouri Department of Transportation. The intended use of the appraisal is for eminent domain related acquisition and the agency is the only intended user (except as indicated above). The agency bears responsibility for contract/assignment requirements that meet its needs and therefore are not misleading. In combination with the Scope of Assignment and review function, all appraisal reports assigned by the agency identify the problem to be solved, determine the scope of work necessary to solve the problem and correctly complete research and analysis necessary to produce a credible appraisal, and are therefore in compliance with USPAP Standard 1. In that the agency is the only intended user of the report and others may only be provided copies for informational purposes, the agency has determined that reports prepared in conformance with these procedures constitute an Appraisal Report, which fulfills the agency’s needs. For any inconsistencies with USPAP, appraisers are protected by the USPAP Jurisdictional Exception provision.<br /> <br /> &lt;div id=&quot;Interest Appraised&quot;&gt;&lt;/div&gt;<br /> :'''3. Interest Appraised'''<br /> <br /> :The interest appraised will normally be fee simple interest. If the ownership is encumbered with a lease, the value conclusion may be a leased fee estate. Easement encumbrances impacting market value shall be identified.<br /> <br /> &lt;div id=&quot;Scope of Work&quot;&gt;&lt;/div&gt;<br /> :'''4. Scope of Work'''<br /> <br /> :Reference the information researched and the analysis applied in an assignment. Appraisers have a responsibility in determining the appropriate scope of work for an appraisal assignment. Credible assignment results require support by relevant evidence and logic. Scope of Work includes, but is not limited to:<br /> <br /> ::*The extent to which the property and comparable sales were inspected<br /> ::*The extent of data research<br /> ::*The extent of analysis applied to arrive at opinions or conclusions.<br /> <br /> :The Scope of Work is supplemented by the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment] (Form 236.6.2.2), a document prepared by individuals other than the appraiser, and setting out the minimum reporting requirements of the appraisal.<br /> <br /> &lt;div id=&quot;Identification of the Property&quot;&gt;&lt;/div&gt;<br /> :'''5. Identification of the Property'''<br /> <br /> :The real estate involved in the appraisal can be specified by a property description, address, map reference, copy of a survey or map, property sketch and/or photographs or the similar information. Lengthy property descriptions should not be reiterated within the report, but rather copies of the title report or last deed of record should be reviewed by the appraiser and retained in the appraiser’s work file.<br /> <br /> &lt;div id=&quot;History of the Property&quot;&gt;&lt;/div&gt;<br /> :'''6. History of the Property'''<br /> <br /> :The appraisal report must state the history of the property and cannot merely say, &quot;No transfers&quot; or &quot;none&quot;. Indicate all transfers of subject realty for the five years immediately preceding the date of the appraisal. Show the parties to the transactions, dates of transactions, books and pages, instrument numbers and verified sale prices when possible to obtain. If sales of the subject are comparable sales in the report, reference to them will satisfy the requirement of this section. Include details of any current sale agreement, option or listing of the subject property if such information is available to the appraiser in the normal course of business. If the information cannot be determined, the report should state the reasons. If the report states there has been no sale, contract, option, or listing, it must also state how that determination was made.<br /> <br /> :Good appraisal practice dictates that appraisers consider and analyze recent sales, contracts, options or listings of the property being appraised. If, in the appraiser’s opinion, any of the above does not reflect current value of the property, the appraiser must provide reason. The phrase &quot;not an arms length transaction&quot; is not adequate without explanation.<br /> <br /> &lt;div id=&quot;Description of Property Before Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''7. Description of Property Before Acquisition'''<br /> <br /> ::'''A. Zoning:'''<br /> <br /> ::The applicable code and category of zoning should be stated (for example, R-1 (the code), Single-Family District (the category)). Special zoning provisions or restrictions should be noted, such as minimum lot size or number of developed units allowed. The report should state whether the subject property is in conformance with the zoning code.<br /> <br /> ::If the subject is non-conforming, the highest and best use and value analysis sections of the report must deal with any effect of the non-conformity upon use and value. Probability of zoning change should be addressed in the highest and best use analysis.<br /> <br /> :::*Code<br /> :::*Category <br /> :::*Compliance<br /> :::*None<br /> <br /> ::'''B. Land:'''<br /> <br /> ::Site description should include dimensions, shape, size and frontage as appropriate. Describe the topography, roads or streets and frontages, legal access rights and physical entrances, and all non-structural site improvements including but not limited to paving, curbing, retaining walls, landscaping, ponds and terracing.<br /> <br /> ::If agricultural land, information on soil types and productivity, percent cleared and timbered, and historic uses such as cropland and pasture land may be appropriate.<br /> <br /> ::Information should be included on encumbrances, recorded or unrecorded, such as deed restrictions, limitation of access, utility easements, flowage or drainage easements, etc. which may affect market value.<br /> <br /> ::*Access Before Acquisition: The report shall discuss the available legal and physical access of the subject property as well as the comparable sales. Legal access represents a deeded or permitted access point to a property. Physical access merely reflects the presence of existing entrances, which may or may not be legal.<br /> ::*Utilities In Use Before Acquisition:<br /> ::*Utilities Available Before Acquisition: Identify what utilities are in use, whether public or private, and what utilities are reasonably available to the property.<br /> <br /> ::'''C. Fee Owned Improvements, Fixtures and Personalty:'''<br /> <br /> ::These items shall be inspected, identified and described in sufficient detail to indicate their uses, quality, condition and location upon the premises.<br /> <br /> ::The description of affected improvements shall include such items as significant deferred maintenance, recent renovation and a statement of actual and effective age.<br /> <br /> ::Unaffected improvements shall be inspected to the extent that they can be adequately described. If directed in the Scope of Assignment, the appraiser may estimate the contributory value of unaffected improvements without support.<br /> <br /> ::The appraiser shall identify and value personal property, trade fixtures, or intangible items that are not real property but are impacted by the acquisition and are included in the valuation. When there are items such as appliances, fireplace inserts, equipment, on-premise signs, mobile homes, etc., which could be realty or personalty, the report shall identify them and state whether they are considered personalty or realty. See [[#Personalty and Fixtures|EPG 236.6.3.1.D.12]] for instructions on personalty and fixtures.<br /> <br /> ::When appropriate the impact of Title III of the Americans With Disabilities Act of 1990 as outlined in [[#Other Appraisal Considerations|EPG 236.6.3.1.D.1, Other Appraisal Considerations]] should be addressed.<br /> <br /> ::'''D. Tenant Owned Improvements, Fixtures and Personalty:'''<br /> <br /> ::All buildings, structures or other improvements, except outdoor advertising structures, which are a part of the realty and owned by someone other than the fee holder shall be valued as such items contribute to the fee or valued for removal (salvage), whichever is greater.<br /> <br /> ::The report shall identify the terms of the lease and describe buildings, structures or other improvements owned by someone other than the fee holder, which the tenant has the right or obligation to remove at the expiration of the lease term.<br /> <br /> ::All tenant owned improvements including outdoor advertising structures shall be identified and described as separate assets from that of the fee holder. Follow instructions for describing improvements in Paragraph 7C of this section. See [[#Personalty and Fixtures|EPG 236.6.3.1.D.12]] for instructions on personalty and fixtures.<br /> <br /> ::When appropriate the impact of Title III of the Americans With Disabilities Act of 1990 as outlined in [[#Other Appraisal Considerations|EPG 236.6.3.1.D, Other Appraisal Considerations]] should be addressed.<br /> <br /> ::'''E. Other Appraisal Considerations:'''<br /> <br /> ::Methods and directions for addressing other property elements are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> &lt;div id=&quot;8. Highest and Best Use Analysis Before Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''8. Highest and Best Use Analysis Before Acquisition'''<br /> <br /> :The appraiser shall analyze the highest and best use before acquisition to the extent commensurate with the appraisal problem. Estimation of market value requires consideration of the highest and best use or uses for which the property is suited. Conclusion of highest and best use of vacant land should be consistent with zoning or evidence shall be included supporting the probability of zoning change. If the subject property is unzoned vacant land, highest and best use should be consistent with surrounding land use and area trends or evidence supporting the different use shall be offered. If the highest and best use is the existing use as improved, reasons supporting this conclusion should be explained. If the highest and best use is different from the current use as improved and particularly if other than allowed by current zoning, this conclusion should be supported by market evidence and analysis showing that this use is financially feasible, physically possible, and that there is a high probability of obtaining the necessary zoning. An unsupported statement of conclusion will not meet the requirement for highest and best use analysis in the Standard Format.<br /> <br /> ::'''A.Valuation of Properties with Multiple Highest and Best Uses:'''<br /> ::Properties with the potential for multiple highest and best uses may be valued from comparable sales with like potential or as an alternative, the appraiser may value each use area by data comparable to each specific use to reach a value conclusion. Should an appraiser pursue the latter method of evaluation three sales comparable to each specific use area must be included and analyzed in the sales comparison approach, appropriate cost and income data for each use area shall be included if these approaches are utilized, and it must be shown that the owner may convey each specific use area without affecting the value of the remaining area(s).<br /> <br /> ::'''B.Valuation of Improvements That Do Not Represent the Highest and Best Use of the Property:'''<br /> ::If improvements do not represent the highest and best use of the property they may have interim use value, depreciated in place value, salvage value (value of salvage exceeds cost of removal), no value (removal cost equals salvage value) or negative value (removal cost exceeds salvage value). The analysis should be clear as to which valuation premise is being used. Compensation for improvements, like fence, that may not contribute to the fulfillment of the highest and best use may be considered when the property was previously fenced and the owner utilizes the property for livestock confinement.<br /> <br /> ::If a salvage value is included in [[#Salvage Value|Paragraph 18 (Salvage Value)]], the before value of that improvement must be at least equal to that salvage value.<br /> <br /> &lt;div id=&quot;Valuation Before Acquisition&quot;&gt;&lt;/div&gt; <br /> :'''9. Valuation Before Acquisition'''<br /> <br /> ::'''Required Approaches:'''<br /> ::Appraisers shall as a minimum complete the approach or approaches to value as specified within the body of the appraisal agreement and/or elements of the Scope of Assignment. If the appraiser determines the appraisal problem is more or less complex than reflected in the Scope of Assignment, it is the appraiser’s responsibility to communicate the necessity to amend the Scope of Assignment, which may necessitate renegotiation of the agreement.<br /> <br /> ::Each required approach to value, both before and after when applicable, shall be compiled in accordance with accepted appraisal principles and techniques, with appropriate specifications contained in these instructions and in compliance with [https://www.fhwa.dot.gov/legsregs/directives/cfr23toc.htm 23 CFR - Highways] and [https://ecfr.io/Title-49/ 49 CFR – Transportation].<br /> <br /> ::Sales of the subject within the past 5 years and current Agreements of Sale, options and listings of the subject property shall be considered and analyzed. In some cases, sales of the subject over 5 years old may still be relevant.<br /> <br /> ::'''Sales Data and Other Market Support:'''<br /> ::Each appraisal report prepared on the Standard Appraisal Format shall contain sufficient documentation, including valuation data and the appraiser's analysis of that data, to support the opinion of value.<br /> <br /> ::Appraisers shall incorporate within the appraisal reports adequate sales and other supporting data to relay the necessary comparative information using Comparable Sale [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Forms 236.6.3.5.A] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx EPG 236.6.3.5B].<br /> <br /> ::The report shall contain a sales map in sufficient detail to allow the reader to drive to each sale.<br /> <br /> &lt;div id=&quot;Sales Comparison&quot;&gt;&lt;/div&gt;<br /> ::'''A. Sales Comparison Approach Before Acquisition:'''<br /> <br /> ::When a sales comparison approach is applicable, an appraiser must analyze such comparable sales data as are available to indicate a value conclusion.<br /> <br /> ::A comparable sale may be considered as follows:<br /> <br /> ::*a real property transferring on the open market within approximately 5 years of the date of appraisal in which the sale is referenced as a basis for conclusion of value,<br /> ::*a sold property which is similar and/or suitable for comparison with realty being appraised with regard to land area, shape, location, topography, utilities, improvements when applicable, potential highest and best use(s) and any other sufficiently similar qualities which may enable an informed person to arrive at a reasonable estimate or conclusion of value.<br /> ::*Pending contracts should be considered but not relied upon.<br /> ::*Contract for Deed may be used, however, if the contract is not recorded, a copy of the contract must be part of the appraiser’s file.<br /> <br /> ::Comparable sale data shall be reported in each applicable portion of Sale Form [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx 236.6.3.5.A] or [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Form 236.6.3.5.B].<br /> <br /> ::A minimum of three comparable sales is required as a basis for an evaluation by the sales comparison approach in the Standard Format, unless a different number is authorized in the Scope of Assignment. An arms-length sale of the subject property may be considered a comparable sale provided the transfer occurred within approximately 5 years of the date of appraisal. Adjustments for changes in market conditions and/or improvements may be necessary to align sale price with current value.<br /> <br /> ::Each comparable sale shall be compared with the appraised realty and adjustments implemented for each significant element of difference affecting value. An explanation shall be offered for each individual adjustment. Differences may be measured by either dollars or percentage. A lump-sum adjustment for more than one difference is not acceptable.<br /> <br /> ::The appraisal report shall contain sufficient sales data or other factual data and analyses of such data as to lend credible support to an opinion of each adjustment or value differential applied to the comparable sale. The only exception to this policy shall apply when such supportive data cannot be abstracted by sales analyses and the appraiser so states. Comments regarding adjustments abstracted from or based upon sale analyses shall include reference to the section or page number of the report where the abstraction is explained. Comments sufficient to explain the appraiser's rationale and reasoning shall be offered for each adjustment which could not be supported by sales, sales analyses or other factual data.<br /> <br /> ::Comparable sales used as a basis for evaluating unimproved land must be either unimproved or all improvements totally and completely depreciated and offering no contributory value at date of sale. The procedure of abstracting estimated contributory value of improvements from selling price to arrive at residual value for unimproved land shall not be considered credible sale evidence or a basis for valuing unimproved realty.<br /> <br /> ::Use of sales that have improvements located on them as vacant land sales, when it has been confirmed that those improvements did not contribute to value, is acceptable provided that during the course of time that the sale is being relied upon, those improvements have not been rehabilitated for renewed use. Once it becomes apparent that an improvement, formerly concluded to have no contributory value, has been put back into productive use, a sale written to the contrary has lost much of its credibility and is not to be used as a comparable for land valuation.<br /> <br /> ::Each sale shall be analyzed to yield a value indication for the subject. These value indications shall be reconciled to a value conclusion by the sales comparison approach. A final conclusion of value differing from the range indicated by the comparable sales must be explained in depth.<br /> <br /> ::Before Value by Sales Comparison Approach: $_______________<br /> <br /> &lt;div id=&quot;Cost Approach&quot;&gt;&lt;/div&gt;<br /> ::'''B. Cost Approach Before Acquisition:'''<br /> <br /> ::When a cost approach is applicable, an appraiser must:<br /> ::*develop an opinion of site value by an appropriate appraisal method or technique<br /> ::*analyze such comparable cost data as are available to estimate the cost new of the improvements<br /> ::*analyze such comparable data as are available to estimate the difference between the cost new and the present worth of the improvements (accrued depreciation)<br /> <br /> ::When utilizing the cost approach the appraiser shall offer a minimum of three unimproved land sales to serve as a basis for evaluating unimproved land, unless a different number is authorized in the Scope of Assignment. Each land sale must meet the criteria as prescribed for comparable sales in Paragraph 9A of this Section.<br /> <br /> ::The appraiser shall compare each individual comparable land sale with the subject property. Adjustments to each comparable sale shall be in accordance with specifications set forth in Paragraph 9A of this section.<br /> <br /> ::'''Improvement Costs:''' All elements recited in the cost approach must be substantiated by reference to specific sections of acceptable cost manuals, contractor's estimates, manufacturer's or dealer's cost data or by other appropriate sources. The appraiser may determine the value of nominal or unique elements in the cost approach with the best available method, with the requirement for support relative to the value conclusion.<br /> <br /> ::The use of either replacement or reproduction cost is acceptable if the following two definitions are properly applied:<br /> <br /> :::Replacement cost is the estimated cost to construct at current prices a building with utility equivalent to the building being appraised, using modern materials and current standards, design and layout.<br /> <br /> :::Reproduction cost is the estimated cost to construct at current prices an exact duplicate or replica of the building being appraised using the same materials, construction standards, design, layout and quality of workmanship, and embodying all of its deficiencies, superadequacies and obsolescence.<br /> <br /> ::'''Depreciation of Improvements:''' When completing the cost approach, the appraiser shall determine from market data or by the age/life method the applicable rate of depreciation for residential units, commercial buildings and other principal capital improvements. Improvements of a minor nature may be depreciated based on observed condition. Depreciation rates for mechanical appurtenances and/or trade fixtures may be estimated from age/life data furnished by the manufacturer or supplier, or from accepted cost manuals.<br /> <br /> ::Before Value by Cost Approach: $____________ <br /> <br /> &lt;div id=&quot;Income Approach&quot;&gt;&lt;/div&gt; <br /> ::'''C. Income Approach Before Acquisition:'''<br /> <br /> ::When an income approach is applicable, an appraiser must:<br /> <br /> ::*analyze such comparable rental data as are available and/or the potential earnings capacity of the property to estimate the gross income potential of the property;<br /> ::*analyze such comparable operating expense data as are available to estimate the operating expenses of the property;<br /> ::*analyze such comparable data as are available to estimate rates of capitalization and/or rates of discount; and <br /> ::*base projections of future rent and/or income potential and expenses on reasonably clear and appropriate evidence.<br /> <br /> ::The appraiser shall, when implementing an income approach to value, develop an overall capitalization rate from sales of comparable realty investments, band of investment or other accepted method. Discounting to present value of some income streams may be an acceptable technique. The appraiser shall also offer evidence supporting income and expense estimates.<br /> <br /> ::Before Value by Income Approach: $_______________<br /> <br /> &lt;div id=&quot;Reconciliation of Value Before Acquisition&quot;&gt;&lt;/div&gt; <br /> :'''10. Reconciliation of Value Before Acquisition:'''<br /> <br /> ::If more than one approach to value is used, the appraiser shall correlate the resultant value estimates and explain the rationale for deciding which approach and data provide the best support for the conclusion of value before acquisition.<br /> <br /> ::Total Value Before Acquisition: $_______________<br /> <br /> &lt;div id=&quot;Description of Property After Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''11. Description of Property After Acquisition'''<br /> <br /> ::The appraiser shall describe the remaining realty to the extent necessary to provide a word picture of the after condition. If the remainder is substantially changed from the before condition the appraiser shall describe the remainder as if the before condition never existed. Partial acquisitions of a minor nature may best be described by discussing changes caused by the acquisition rather than repeating the contents of Paragraph 7 of this section.<br /> <br /> ::*Impact on Zoning: Describe impact on zoning.<br /> ::*Access After Acquisition: The report shall discuss the available legal and physical access of the subject property as well as the comparable sales. The report must address if the legally provided access points are comparable to the physical access available to the property before the acquisition in regard to topography, timber, etc. See [[236.6 Appraisal and Appraisal Review#236.6.3.6 Access Rights Valuation|EPG 236.6.3.6]] for applicable laws and definitions regarding access.<br /> ::*Impact on Utilities: A statement is required regarding the impact, if any, on all public and private utility services which the property has in use or available in the before condition. Special considerations apply when it is necessary to to adjust the property owner’s service lines located on existing right of way. The cost to move and reconnect service lines that lie within the existing right is not compensable to the owner if such reconnection is included in the construction contract. See [[643.2 Local Utility Adjustments - Public and Private#643.2.1.6 Service Lines Owned by Property Owners|EPG 643.2.1.6 Service Lines Owned by Property Owners]].<br /> ::*Utilities In Use After Acquisition:<br /> ::*Utilities Available After Acquisition:<br /> <br /> :'''Other Appraisal Considerations:'''<br /> <br /> :Methods and directions for addressing other property elements are described in [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> &lt;div id=&quot;Highest and Best Use Analysis After Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''12. Highest and Best Use Analysis After Acquisition'''<br /> <br /> :The report may indicate that the highest and best use of the remaining realty is unchanged and an explanation supporting such a conclusion is required. Should the acquisition cause a change in highest and best use or uses, the appraiser shall analyze the new highest and best use in depth commensurate with the appraisal problem. <br /> <br /> :Loss of access, loss of traffic, circuity of travel, placement of a median barrier, loss of visibility, loss of privacy, loss of security, etc., are to be considered elements by the appraiser in formulating an opinion of the highest and best use of the property in the after condition. If the appraiser determines there is no diminution in highest and best use of the property, even though these elements are present, the appraisal report is to include an explanation supporting such a conclusion.<br /> <br /> :The change(s) caused by the property acquisition may make it necessary for the appraiser to utilize new comparable sales data. [[#Special Benefits|Special Benefits]] reflected in a report must be supported by written concurrence from Commission's Counsel and addressed in the Scope of Work of the report if special benefits are recognized subsequent to the initial Scope of Assignment.<br /> <br /> &lt;div id=&quot;Valuation After Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''13. Valuation After Acquisition'''<br /> <br /> :The analyses and valuation sections relating to the remainder property constitute a new appraisal. In cases of an insignificant acquisition, the remainder may be so similar to the whole property before the acquisition that the same highest and best use analysis and the same cost, market, and income data and analysis will remain applicable and can therefore be referenced and employed in analyzing and valuing the remainder property. However, a change in the basic physical or economic character of the remainder may result in a change in the remainder’s highest and best use or the intensity of that use and may result in damages or benefits to the remainder property which will require different market data and/ or analysis than that which was used in the whole property valuation.<br /> <br /> :Follow instruction as shown in Paragraph 9 of this section as well as [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> ::'''A. Sales Comparison Approach After Acquisition:'''<br /> <br /> ::Follow Instructions as shown in Paragraph 9A above.<br /> <br /> ::After Value by Sales Comparison Approach: $_______________<br /> <br /> ::'''B. Cost Approach After Acquisition:'''<br /> <br /> ::Follow Instructions as shown in Paragraph 9B above.<br /> <br /> ::After Value by Cost Approach: $________________<br /> <br /> ::'''C. Income Approach After Acquisition:'''<br /> <br /> ::Follow Instructions as shown in Paragraph 9C above.<br /> <br /> ::After Value by Income Approach: $_______________<br /> <br /> &lt;div id=&quot;Reconciliation of Value After Acquisition&quot;&gt;&lt;/div&gt;<br /> :'''14. Reconciliation of Value After Acquisition'''<br /> <br /> ::If more than one approach to value is used, the appraiser shall correlate the resultant value estimates and explain the rationale for deciding which approach and data provide the best support for the conclusion of estimated value after acquisition.<br /> <br /> ::Total Value After Acquisition: $_______________<br /> <br /> &lt;div id=&quot;Estimate of Total Just Compensation&quot;&gt;&lt;/div&gt;<br /> :'''15. Estimate of Total Just Compensation'''<br /> <br /> ::Total Just Compensation is computed by subtracting the estimated value after the acquisition from the estimated value before the acquisition.<br /> <br /> ::Estimated Value Before Acquisition $_______________<br /> <br /> ::Estimated Value After Acquisition $_______________<br /> <br /> ::Indicated Just Compensation Due to Acquisition $_______________<br /> <br /> &lt;div id=&quot;Allocation of Just Compensation&quot;&gt;&lt;/div&gt;<br /> :'''16. Allocation of Just Compensation'''<br /> <br /> :The appraiser shall offer an opinion of reasonable allocation of the estimate of just compensation between realty acquired and damages to the remainder for .the interests of both fee holders and tenants who own improvements, fixtures or personalty included in the value.<br /> <br /> ::'''A. Allocation of the Fee Holder’s Interest:'''<br /> <br /> :::'''1.''' Land Acquired: $ ______________<br /> <br /> :::Report the calculated value of the land acquired.<br /> <br /> :::'''2.''' Improvements, Fixtures and Personalty: $_________________<br /> <br /> :::'''3.''' Total Land and Improvements, Fixtures and Personalty: $_________________<br /> <br /> :::'''4.''' Damages to the Remainder: $_________________<br /> <br /> :::Damages to the remainder including permanent and temporary easements shall be identified and individually valued, and their values combined to a total. Losses caused by temporary borrow pits must be set apart from other damages. Fencing required as a cost to cure due to road realignment, temporary fencing etc. shall be included as a damage to the remainder. See additional discussion on Damages in [[#Other Appraisal Considerations|EPG 236.6.3.1D]].<br /> <br /> :::'''5.''' Total Just Compensation Due Fee Holder: $________________<br /> <br /> ::'''B. Allocation of the Tenant Owner’s Interest:'''<br /> <br /> :::'''1.''' Tenant Owned Improvements, Fixtures and Personalty:<br /> <br /> :::::Item _________________ $_________________<br /> :::::Item _________________ $_________________<br /> <br /> :::Identify each tenant owned improvement within the new acquisition and/or easement area and estimate its value. Use the greater of its contributory value or value for removal (salvage value).<br /> <br /> :::'''2.''' Damage to Tenant Owned Improvements, Fixtures and Personalty:<br /> <br /> :::::Item _________________ $_________________<br /> :::::Item _________________ $_________________<br /> <br /> :::Identify and show a value loss, if any, for each damaged tenant owned improvement lying outside the acquired area.<br /> <br /> :::'''3.''' Leasehold Interest: $_________________<br /> <br /> :::Calculate value of leasehold interest, if any, should the lease be affected by the acquisition.<br /> <br /> :::'''4.''' Total Just Compensation Due Tenant Owner: $________________<br /> <br /> &lt;div id=&quot;Uneconomic Remnant&quot;&gt;&lt;/div&gt;<br /> :'''17. Uneconomic Remnant'''<br /> <br /> :&quot;The term uneconomic remnant means a parcel of real property in which the owner is left with an interest after a partial acquisition of the owner's property, and which the acquiring agency has determined has little or no value or utility to the owner.&quot; [https://www.law.cornell.edu/cfr/text/49/24.2 (see 49 CFR Section 24.2 (27)] and [[236.5 Property Management#236.5.9.1 Definition|EPG 236.5.9.1 Definition]] (in EPG 236.5 Property Management). When the appraiser is of the opinion that an uneconomic remnant does not exist, enter the word &quot;none&quot; in this paragraph. When the appraiser is of the opinion that an uneconomic remnant has been created by the acquisition, an explanation is required. The appraiser shall describe elements that contribute to a parcel having some characteristics of an uneconomic remnant, yet conclude that the parcel is not an uneconomic remnant. A separate area and value should be shown for multiple uneconomic remnant areas.<br /> <br /> :::Area __________________ @ $ __________ = $ ________________<br /> <br /> &lt;div id=&quot;Salvage Value&quot;&gt;&lt;/div&gt;<br /> :'''18. Salvage Value'''<br /> <br /> :&quot;The term salvage value means the probable sale price of an item offered for sale to knowledgeable buyers with the requirement that it be removed from the property at a buyer’s expense (i.e., not eligible for relocation assistance). This includes items for re-use as well as items with components that can be reused or recycled when there is no reasonable prospect for sale except on this basis.&quot; <br /> <br /> :Each acquired improvement enumerated above shall be additionally identified under salvage and a salvage value determined or zero indicated. Salvage values should not be assigned to very low value items such as farm fencing. If an improvement has salvage value, the before value of such improvement must be at least equal to the salvage value.<br /> <br /> :Allocate salvage values between fee and tenant improvements, fixtures and personalty.<br /> <br /> :::Improvement ______________ Salvage Value $_________________<br /> <br /> :::Improvement ______________ Salvage Value $_________________<br /> <br /> :::Total Salvage Value ______________ $_________________<br /> <br /> &lt;div id=&quot;Required Attachments&quot;&gt;&lt;/div&gt;<br /> :'''19. Required Attachments'''<br /> <br /> ::'''Assumptions and Limiting Conditions:''' The appraiser shall use the standard [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 236.6.3.1.A). If additional contingencies or limiting conditions apply, they shall be stated here. Unauthorized hypothetical conditions, assumptions, or limiting conditions may result in disapproval of the appraisal report.<br /> <br /> ::'''Certificate of Appraiser:''' A properly completed and signed copy of [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1.B) shall be attached to the appraisal report.<br /> <br /> ::'''Site Plan:''' The appraiser must provide a site plan showing all property boundaries and the location of major and affected improvements. An annotated copy of an assessor’s aerial map, a survey, an aerial photo, a cut of the highway plan can meet this requirement if it shows the whole property and all improvements, or a drawing. If other than the plan cut is used to meet this requirement the site plan should show the proposed boundary line and easements, and the areas of the acquisition and remainder. Greater detail and a higher degree of accuracy is required on small parcels or where improvements are very near and possibly affected by the acquisition than on large parcels where improvements may be important to the value estimate but are not affected by the acquisition.<br /> <br /> ::'''Photographs:''' The appraiser shall attach identified color photographs of the appraised property showing all improvements and features affecting the value. Photographs should show details important to the valuation of major and/or affected improvements. Photographs should also show the area of acquisitions including easement areas and their relationships to affected improvements.<br /> <br /> ::'''Floor Plans of Acquired Residential Units And Structures with Internal Walls:''' A floor plan drawing is required when:<br /> <br /> :::*a residential unit is acquired, to aid in the determination of relocation requirements and benefits.<br /> :::*demolition will be required on structures with interior walls.<br /> <br /> ::'''Comparable Sale Map:''' The report shall contain a sales map in sufficient detail to allow the reader to drive to each sale.<br /> <br /> ::'''Sale Data Forms:''' Data books may be utilized in each appraiser’s practice but shall not be submitted to division or referenced in reports. Each appraisal report prepared on the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format] shall contain sufficient documentation, including valuation data and the appraiser's analysis of that data, to support the opinion of value.<br /> <br /> ::Appraisers shall incorporate within the appraisal reports adequate sales and other supporting data to relay the necessary comparative information. Sale data sheets, Forms [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx 236.6.3.5 A] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx B] utilized in the valuation shall be attached to each report. The entirety of information obtained on each sale transaction may exceed the need for each individual report, like income data, etc. Individuals may develop abbreviated sale data sheets that contain only the information necessary for comparison to the subject valuation, with other data retained in the appraiser’s work file.<br /> <br /> ::'''Optional Attachments'''<br /> :::*Cover letters<br /> :::*Tables of Contents<br /> :::*Appraiser Qualifications<br /> :::*Engagement Letter or Notice to Proceed<br /> :::*Legal Instructions, if any shall be retained in the appraiser’s work file and not attached to valuation reports.<br /> <br /> ::'''A. Assumptions and Limiting Conditions'''<br /> <br /> ::[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 236.6.3.1.A) shall be attached to each [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Format] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20Finding%20Appraisal%20Form%20236.6.3.2.docx Value Finding] appraisal, and other valuations where it is deemed appropriate.<br /> <br /> ::'''B. Certificate of Appraiser'''<br /> <br /> ::[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1.B) shall be attached to each Standard Format and Value Finding appraisal, and other valuations where it is deemed appropriate. The Certificate of Appraiser is not used on Waiver Valuations.<br /> <br /> ::'''C. Tenant Summary'''<br /> <br /> ::[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Summary%20of%20Tenant%20Interests%20Form%206.3.1C.pdf Summary Value of Tenant Interests], Form 236.6.3.1.C, shall be prepared and provided to tenant owners of improvements and interests affected by an acquisition. Form 236.6.3.1.C is a summary of tenant information and valuations included in the valuation of the parent property, but is not to be attached to the appraisal or valuation documents provided to the fee owner.<br /> <br /> &lt;div id=&quot;Other Appraisal Considerations&quot;&gt;&lt;/div&gt;<br /> ::'''D. Other Appraisal Considerations'''<br /> <br /> ::The following elements shall be considered and addressed in the appropriate paragraphs of all valuations.<br /> <br /> :::'''1. Americans With Disabilities Act of 1990'''<br /> <br /> :::The intent of this section for the appraiser is to emphasize the importance of the impact of the ADA on real estate valuation. Appraisers must be aware of differences in apparently comparable improved properties due to ADA. It is not intended that appraisers unduly seek out ADA deficiencies in affected and acquired improvements.<br /> <br /> :::The appraiser should be aware of the requirements of Title III of the Americans With Disabilities Act of 1990 and consider its effect on the value of the appraised property. The Act applies to any public accommodation, commercial facility, or private entity that offers examinations or courses related to applications, licensing, certification or credentialing for secondary or post-secondary education, professional or trade purposes. When a public accommodation is located in a private residence that part used for public accommodation is covered by this act, including those elements used to enter the place of public accommodation.<br /> <br /> :::The Act requires removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable, i.e., easily accomplished and able to be carried out without much difficulty or expense. Whether a measure is readily achievable is determined on a case-by-case basis, however, the obligation to remove barriers is a continuing one. What was not readily achievable in the past may become achievable in the future and the Act envisions a gradual removal of barriers and suggests priorities for their removal.<br /> <br /> :::All new improvements after January 26, 1993 must be designed and constructed to be readily accessible and usable by individuals with disabilities. Alterations to existing facilities after January 26, 1993 must to the maximum extent feasible ensure that the altered portions of the facility are readily accessible. When undertaking a cost to cure as part of the damages caused by a property acquisition, the appraiser will have to consider how the acquisition affects accessibility as well as whether the improvement was or should have been in compliance prior to the acquisition.<br /> <br /> :::Subject property shall be inspected on the date of valuation for its compliance or non-compliance with ADA regulations. All comparable sales used in the valuation process should be analyzed as to their compliance or non-compliance to ADA regulations as of the date of sale. If subject property is currently in non-compliance with ADA regulations the appraiser should use similar comparable sales, which are in non-compliance for comparison purposes. It shall be the appraiser's responsibility to estimate the current market value of subject property as it now exists taking into consideration all of its compliance or non-compliance of ADA regulations and making adjustments for either situation. Curing damage to the remainder could trigger requirements of ADA. This must be considered in any after value analysis.<br /> <br /> &lt;div id=&quot;Billboard&quot;&gt;&lt;/div&gt;<br /> :::'''2. Billboard Valuation'''<br /> <br /> :::For further information on the acquisition of billboards, see [[236.16 Outdoor Advertising#236.16.9 Sign Structures/Junkyards Affected by Highway Projects|EPG 236.16.9 Sign Structures/Junkyards Affected by Highway Projects]]. The following definitions are for valuation purposes and are linked to locations where other definitions of the subject are available for different purposes.<br /> <br /> ::::'''A. Definitions:'''<br /> <br /> ::::'''Billboard:''' An outdoor advertising structure that is described within the outdoor advertising industry as a flat surface (panel, wall, or fence, etc.) on which bills are posted. Specifically, a large panel designed to carry outdoor advertising intended or used to advertise or inform of activities conducted away from the premises or services and/or products provided somewhere other than the premises where the structure is located. It advertises an establishment, merchandise, service or entertainment that is not sold, produced, manufactured or furnished at the property on which it is located.<br /> <br /> ::::Billboards along with their supporting structures are considered realty. Billboards should not be confused in the appraisal process with on-premise signs.<br /> <br /> ::::Although billboards are the dominant form of outdoor advertising, other forms such as an outdoor sign, display, device, figure, painting, drawing, message, plaque, or poster may also be considered as outdoor advertising. The valuation of these other forms of outdoor advertising should follow the procedures stated herein.<br /> <br /> ::::For purposes of valuation, the terms billboard and outdoor advertising structure are used interchangeably. [[236.16 Outdoor Advertising|Outdoor advertising]] is defined at [https://revisor.mo.gov/main/OneSection.aspx?section=226.510 226.510 RSMo].<br /> <br /> ::::'''On-premise Sign:''' An on-premise sign advertises activities, services and/or products offered by the establishment on the premises that it is located. On-premise signs may be realty or personalty. On-premise sign is defined at [http://sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7-CSR 10-6.015(25)].<br /> <br /> ::::'''Status of Billboard Structures:''' The status of billboard structures is conforming, conforming out of standard, nonconforming or illegal.<br /> <br /> ::::*'''Conforming Billboard Structures''' comply with all current billboard regulations.<br /> <br /> ::::*'''Conforming Out of Standard Structures''' fail to meet the current statutory and administrative rule requirements but comply with the terms of the federal state agreement and meet the statutory requirements of 1999. (Refer to [[236.16 Outdoor Advertising#236.16.7.3 Conforming Out of Standard|EPG 236.16.7.3 Conforming Out of Standard]]; [http://sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.040(7)]).<br /> <br /> ::::*'''Nonconforming Billboard Structures''' do not comply with all current billboard regulations, but did comply at one time, have a permit, and may remain in place until destroyed. Nonconforming is defined at [http://sos.mo.gov/adrules/csr/current/7csr/7c10-6.pdf 7 CSR 10-6.015(24)].<br /> <br /> ::::*'''Illegal Billboards Structures''' may have a permit, but are damaged, do not comply with current statutes, or have other legal limitations.<br /> <br /> ::::'''Status of Billboard Sites:''' The status of improved billboard sites is either legal or illegal. The status of a permitted but unimproved site will always be legal.<br /> <br /> ::::*'''Legal Billboard Site''' is a location on a property that has attained the legal status for construction of a billboard, including the presence of a qualifying commercial enterprise and spacing from other permitted locations. The Outdoor Advertising Specialist can identify current status and spacing requirements. (See Status below.) If zoned, the zoning must accommodate billboards.<br /> <br /> ::::*'''Illegal Billboard Site''' will generally be associated with a structure that has been erected without a permit, or it is in conflict with a permit regarding location or other issues.<br /> <br /> ::::'''Eliminated Billboard Site:''' If an improved billboard site is within the proposed acquisition area, or otherwise impacted by a project, the site shall be considered eliminated if there is inadequate remaining size, if the qualifying commercial enterprise has been eliminated, adequate spacing is not available, local requirements, or other reasons identified by the appraiser. Limitation of access may impact legal billboard sites.<br /> <br /> ::::'''B. Property Description:'''<br /> <br /> ::::The description of billboards shall include size, structural components, lighting, condition, maintenance, recent renovation and a statement of actual and effective age. All tenant owned billboards shall be identified and described as separate assets from that of the fee holder. Regardless of impact by the acquisition, billboard structures shall be inspected to the extent that they can be adequately described and that valuation may be accomplished if acquired, or a contributory value may be estimated if unaffected by the acquisition.<br /> <br /> ::::For valuation purposes, the size of a billboard site may not need to be identified, as long as the billboard use does not diminish other uses on the land, or other uses on the land do not diminish the additional contributory value as a billboard site or structure.<br /> <br /> ::::The billboard site and each component of the outdoor advertising structure may be under different ownerships. The status of each billboard site and structure, affected by the acquisition, must be reported in the appraisal. (A legal site may contain an illegal structure, etc.) Fee and staff appraisers shall secure information on status of billboards and administrative hearings from the Outdoor Advertising Permit Specialist. District right of way personnel shall request, the Outdoor Advertising Permit Specialist to prepare an Outdoor Advertising Profile Report (ADV Profile Report).<br /> <br /> ::::'''C. Compensation:'''<br /> <br /> ::::Compensation shall be paid for legal sites, conforming structures and non-conforming structures eliminated by an acquisition.<br /> <br /> ::::If a billboard structure or site that is illegal or scheduled for administrative hearing is encountered in the acquisition, consult regional counsel to determine if compensation must be included or omitted in the valuation, and state the findings and conclusion in the report.<br /> <br /> ::::If after the acquisition of an improved billboard site, the remaining spacing is such that one cannot identify which of two or more tracts might be able to obtain a permit for a replacement site, valuations must include compensation for improved sites that are eliminated but may be replaceable, and not speculate on which of several owners might achieve the permit.<br /> <br /> ::::'''D. Valuation:'''<br /> <br /> ::::Federal regulations require that all applicable, relevant and reliable approaches to value be considered in valuing billboards. Therefore, as in the valuation of all property types, all relevant approaches to value are to be considered and included in the report, when practicable. When the landowner also owns the billboard, and the billboard and site are being acquired, contact the Right of Way Section, and additional arrangements will be made for the valuation. The appraiser may estimate the value of billboards and their sites by the most relevant and reliable approach, and include the result in the total overall value. The appraisal must state why any approach is not used.<br /> <br /> ::::The valuation of billboard sites that are part of a larger ownership, may utilize market information from comparable sales of sites or capitalization of rents of comparable sites. This site value conclusion may then be added to or included in the concluded realty value of the overall ownership.<br /> <br /> ::::A special larger parcel valuation situation may arise if the landowner owns the billboard and also advertises the billboard owner's business, service or product, which is provided at other premises. When this ownership combination occurs, and the site and structure are acquired, contact the Right of Way Section and regional counsel.<br /> <br /> ::::'''Sales Comparison Approach:''' A Sales Comparison Approach may be developed using comparable sales of improved billboard sites, improved with structures similar to the subject’s structure. Elements of comparison might include traffic count, height, lighting, proximity to towns or commercial development, direction of travel, visibility, etc.<br /> <br /> ::::'''Income Approach:''' When a billboard acquisition necessitates an income approach, contact Right of Way Section, for additional guidance or arrangements will be made for the valuation. In all ownership combinations, the income derived from the rent received for the land and structure is to be considered in developing an income approach to determine the contributory value of the billboard and supporting land. Income from the sale of advertising displays posted on billboards shall not be considered as income imputable to the realty.<br /> <br /> ::::Comparable rental data can be developed with information from landowners who rent their structure to a second party who places advertising on the structure. Capitalization rates must be supported. Use of the band of investment method of developing a capitalization rate is acceptable.<br /> <br /> ::::In valuing billboard sites, the appraiser shall determine potential economic rent for the subject site. Such rent shall be estimated by comparing the subject site to comparable leased premises. Potential economic rent shall be capitalized at an appropriate rate to determine the current estimated value of the sign site. The appraiser shall explain or support the overall capitalization rate used. Legal status and remaining functional life of the site may impact the selection of the capitalization rate.<br /> <br /> ::::'''Cost Approach:''' The appraiser shall estimate the value of billboards and their sites by the cost less depreciation method and include the result in the total overall value. The Cost Approach shall always be developed, regardless if other approaches are also used. Costs for the structures shall be compiled by the unit in place method, quantity survey method or contractor estimate with depreciation measured by the most appropriate means available. Cost sources are to be supported as defined in [[#Cost Approach|EPG 236.6.3.1.9B]].<br /> <br /> ::::The district is encouraged to contract for cost estimates of replacement or reproduction cost with local sources. It is the appraiser's responsibility to apply estimated depreciation to such estimates to the extent indicated by its current physical condition.<br /> &lt;div id=&quot;Reset Option&quot;&gt;&lt;/div&gt;<br /> <br /> ::::'''Reset Option:''' Signs meeting the reset requirements are classified as Conforming Out of Standard and will be eligible for compensation to reset the sign within the same property or on an adjoining property. One bid will be collected from another sign company supporting the cost of the sign reset. The bid will be included in the appraisal.<br /> <br /> ::::'''Reconciliation:''' The basis for the appraiser’s reconciliation of the approaches to a final value estimate should be based on their consideration of the relative strengths and weaknesses of each approach utilized.<br /> <br /> ::::'''E. Distribution of Fee Holder and Tenant Interest:'''<br /> <br /> ::::The appraisal report shall identify the site’s annual contract rent, remaining term of the lease, and any other provisions pertinent to the income to be received by the landowner. In those cases where the tenant has a lease and the contract rent is less than the economic rent for the sign site, the appraiser shall compute present value of the difference for the remaining lease term. This amount is the leasehold interest. This amount will be subtracted from the landowner’s value of the sign site. The amount shall then be added to the tenant’s interest.<br /> <br /> ::::'''F. Salvage Value:'''<br /> <br /> ::::The appraiser shall determine a salvage value. Salvage value is the probable sale price of an item if offered for sale to knowledgeable buyers, including the previous structure owner, with the requirement that it be removed from the property at a buyer’s expense (i.e. not eligible for relocation assistance). This includes items for re-use as well as items with components that can be reused or recycled when there is no reasonable prospect for sale except on this basis. Assignment of a salvage value for billboard structures should specifically address the previous owner’s ability to utilize or move the salvaged item.<br /> <br /> ::::If the appraiser, in consultation with the Outdoor Advertising Permit Specialist, determines that Legal Billboard Sites are readily available, it is acceptable to estimate the salvage value as the value in place at a potential replacement site minus the cost to relocate the sign to a replacement site.<br /> <br /> ::::'''G. Billboard Valuation Guide:'''<br /> <br /> ::::The following material is provided as a guide to suggest the minimum items of consideration in valuing a billboard and billboard site, which must be incorporated into an appraisal format, in the appropriate sections. Use [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Comparable Lease] (Form 236.6.3.5.C) for reporting all types of leases.<br /> <br /> ::::*Structure Owner<br /> ::::*Site Owner<br /> ::::*Status of the Structure<br /> ::::*Status of the Site<br /> ::::*Permit number and other material from the Outdoor Advertising Permit Specialist.<br /> ::::*Lease Terms: If the lease is not of public record, the appraiser should attempt to secure a copy from the parties. In the event a written lease is nonexistent or unavailable, the appraiser shall make personal inquiry of the parties in an effort to learn of terms and conditions. Data secured from such inquiry shall be entered on the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Comparable Lease] (Form 236.6.3.5.C)<br /> ::::*Property Description<br /> ::::*Valuation<br /> ::::*Distribution of Landowner and Structure Owner Interests<br /> ::::*Estimated Value to the Landowner<br /> ::::*Estimated Value of Billboard Site<br /> ::::*Less Leasehold Interest, if any<br /> ::::*Landowner Interest in the Site<br /> ::::*Estimated Value to the Structure Owner<br /> ::::*Estimated Value of Structure<br /> ::::*Add Value of Leasehold Interest, if any<br /> ::::*Structure Owner Interest<br /> ::::*Salvage Value<br /> <br /> :::'''3. Borrow Easements, Waste Easements or Haul Roads'''<br /> <br /> :::A valuation for an easement for a borrow area or haul road must provide a word picture which would adequately explain what damages will be associated with these easement areas. The description should include the appraiser's understanding of what the site will look like, how much material will have been removed or deposited, what the possible damages to the remainder will be, whether the affected area will be ponded, whether the topsoil will be stockpiled and replaced and whether the area will be seeded and mulched.<br /> <br /> :::If the acquisition involves a borrow easement or haul road, adjustments must be adequately explained.<br /> <br /> &lt;div id=&quot;Damages&quot;&gt;&lt;/div&gt;<br /> :::'''4. Damages'''<br /> <br /> :::Damages as such are not appraised. However, the appraiser shall explain any damages to the remainder property and allocate the difference in the value of the property before and after the acquisition between the value of the acquisition and damages to the remainder. If damages are measured by a cost to cure, the appraiser must justify the cost to cure and demonstrate that the cost to cure is less than the damage would be if the cure were not undertaken.<br /> <br /> :::Rationale for conclusion of damage to remainder due to easements or other damage shall be explained. Losses to remainder value may result from limitation of direct access, proximity of proposed boundary line to improvements, severance, reduction in size of remainder, configuration of remainder, change in grade, and other effects of acquisition.<br /> <br /> ::::'''Noncompensable Damages:''' It is an established principle of law that certain damages, which may occur by reason of a government acquisition of land, are not compensable and, therefore, must be disregarded by appraisers when estimating market value for such acquisitions. Losses of business and relocation expenses have been determined to be noncompensable. Other noncompensable damages include: damage to business, loss of or damage to goodwill, future loss of profits, expenses of moving removable fixtures and personal property, depreciation in value of furniture and removable equipment, frustration of plans, frustration of contractual expectations, loss of customers, and the expense of having to readjust manufacturing operations.<br /> <br /> ::::'''Easements:''' An easement can generally be described as an interest in land of another entitling the owner of that interest to a limited use of the land in which it exists, or a right to preclude specified uses in the easement area by others. An easement is an interest less than the fee estate, with the landowner retaining full dominion over the realty subject only to the easement; the landowner may make any use of the realty that does not interfere with the easement holder’s reasonable use of the easement and is not specifically excluded by the terms of the easement.<br /> <br /> ::::'''Temporary Easements:''' The appropriate measure of value for the acquisition of a temporary easement is the rental value for the term of the temporary easement, adjusted as may be appropriate for the rights of use, if any, reserved to the owner. Damages that result from temporary construction easements are usually based on the economic or market rent of the affected area for the term of the temporary easement. Usually, the land area affected is so small and the term of the temporary easement so short that compensation for the temporary construction easements is nominal. As a result, many agencies and appraisers have adopted a '''shortcut''' for its estimation. A reasonable return rate, rather than the economic or market rent based on comparable rentals, is estimated and applied to the encumbered land’s fee value for the term of the temporary easement. The rent loss or appropriate return is often not converted to a present value through the application of a discount rate because of the short term of the temporary easement and the nominal nature of the indicated rent loss.<br /> <br /> ::::Even though technically incorrect this shortcut is generally acceptable because of the nominal nature of the temporary construction easements acquisition and the cost and time savings associated with the short cut. However, appraisers must recognize that the short cut methodology will be found unacceptable if the indicated compensation is more than nominal.<br /> <br /> ::::In estimating and approving just compensation for temporary easements, the appraiser/reviewer must consider the impact on the use of the area of the property in the temporary easement and the impact of the temporary easement on the remainder.<br /> <br /> ::::Impacts within the temporary easement area can have impact for the duration of the occupancy/use by the contractor, the duration of the anticipated construction time of the project, or the duration of the encumbrance of the temporary easement on the property.<br /> <br /> ::::Temporary easements that impact only during the contractor occupation include driveway reconnection easements, construction of curbs, removal of items, etc. Although a contractor may be on a temporary easement area during different times, (Example: removal, grading, sub-grade, and paving) the appraisal may consider merely the total of time the area is disturbed for construction, when making the calculation for compensation. Unless otherwise indicated, the appraiser is to assume that owners/customers are provided reasonable access to property during construction.<br /> <br /> ::::Temporary easements that impact during the duration of the anticipated construction for the project include temporary bypasses, slope cuts, (slope fills require permanent easement) borrow easements, work and turn areas on parking lots, construction of retaining walls, etc.<br /> <br /> ::::Temporary easements that impact for the duration of the temporary easement encumbrance include large temporary easements on vacant land with development potential, temporary easements that occupy large areas or large proportions of front yards, borrow or waste easements, or any application of easement that might impact market value or the marketability of the property. The duration of the project may include time beginning at the anticipated acquisition, and time until anticipated letting, construction time until anticipated acceptance of the project, which would release the rights in the temporary easement area.<br /> <br /> ::::Temporary easements that may result in damage to remainder outside the actual temporary easement area include temporary loss of access or use of part or all of the property, undesirable borrow areas, etc. MoDOT accepts compensation for temporary easements at 10% of fee value per year, applied to one of the durations discussed above. Appraisal reports must include explanation of the duration used and why that duration was utilized. Different durations may apply to different temporary easement areas on an individual property. Use of other percentages requires analysis and explanation.<br /> <br /> ::::'''Third Party Appurtenant Easements:''' This section applies to the proper measure of value for a third party appurtenant easement that is acquired or extinguished as an incident of an acquisition of the servient estate (fee acquisition of property through which an easement of access connects a third party’s parcel to the highway). The third-party easement owner has a separate estate that must be separately appraised. In such cases, the easement owner is not limited to the value of the easement acquired, but is entitled to the value diminution of the property served by the easement. Accordingly, two appraisal assignments are required; a before and after appraisal of the easement interest and the property it serves (the before appraisal including the easement interest and the land it serves and the after appraisal excluding those interests acquired.) and a second appraisal assignment covering the land being acquired, as encumbered by the easement. This second appraisal would also require a before and after appraisal if only a portion of this larger parcel is to be acquired<br /> &lt;div id=&quot;Costs to Cure&quot;&gt;&lt;/div&gt;<br /> ::::'''Costs to Cure:''' The Commission’s intent is to make the property owners “whole” in the after condition. As such, if the affected property had previously been surveyed by the current or previous property owners, district right of way shall ensure that this element has been addressed. One way to address this element is by including a cost-to-cure line item in the appraisal to cover the costs the property owners will incur to have a new boundary survey prepared. This element may also be addressed by coordinating with the district PLS to monument the new limits of their remaining property. [[238.2 Land Surveying#238.2.14.3 Monumenting Landowner's Property Lines When Requested|EPG 238.2.14.3 Monumenting Landowner's Property Lines When Requested]] contains further guidance related to MoDOT taking responsibility for monumenting the property owners’ new property line.<br /> <br /> ::::Other methods may be used to address those properties that currently have the benefit of a boundary survey, as long as the property owner is considered by MHTC “whole” in the after condition.<br /> <br /> ::::Cost to cure items may include wells and water systems, septic or sewer systems, waterways, terraces, fencing for boundary lines along relocated highways, etc. Costs for such items shall be based on contractor estimates or other appropriate cost sources.<br /> <br /> ::::The estimated cost to move a building improvement shall not be used as a measure of consequential damage in the Value Finding format, unless authorized in the Scope of Assignment.<br /> <br /> :::'''5. Dedication Requirement'''<br /> <br /> :::When performing appraisals within corporate limits or in zoned areas, the appraiser must research the zoning ordinances, and/or subdivision regulations, to reveal if properties subject to acquisition could be required to make a dedication of land in exchange for zoning change or development plans, to achieve the highest and best uses that are anticipated to be suggested in appraisal reports. If such ordinances and/or regulations are discovered, their impact must be addressed and reflected in valuations.<br /> <br /> :::Indications of dedication in existing ordinances, plats, deeds or other conveyances must contain the proper language to effect a proper dedication. The wording &quot;reserved for future highway&quot; will not rise to the level of a lawful dedication. The wording &quot;dedicated to the Missouri Highway and Transportation Commission (or its predecessor title State Highway Commission of Missouri) for public use forever&quot; or like wording must be used. Consult your regional counsel regarding the effectiveness of any particular wording. See [[236.4 Description Writing and Titles#236.4.6.4(k)|Description Writing ]] and [[236.5 Property Management|EPG 236.5 Property Management]].<br /> <br /> :::'''6. Environmental Considerations'''<br /> <br /> :::The appraiser is responsible for reporting any observed or suspected indications of contamination by hazardous materials or waste and the presence of other environmental considerations such as wetlands<br /> <br /> ::::'''A. [[127.8 Hazardous and Solid Waste|Hazardous Materials or Waste]]:'''<br /> <br /> ::::When developing the scope of assignment, the assistant right of way manager - certified will review the [[127.1 Request for Environmental Services|Request for Environmental Services]] (RES) and data sheets to determine the appropriate level of data and analysis to be conducted by the appraiser.<br /> <br /> ::::For valuation of known contaminated properties, appraisers will typically be asked to value a property as if clean, from clean sales, as a special hypothetical condition. Clean up costs, if known, may be handled administratively or by the appraiser. Clean-up costs that may have been future or speculative to the owner may be immediately imposed by the project and therefore wholly or partially compensable, depending on the circumstance.<br /> <br /> ::::Because of the serious impact of contamination by hazardous materials or waste, it often affects major decisions by Planning, Right of Way and Design groups. In many cases this problem has been identified before the property acquisition phase of a project. If, prior to completion of the appraisal assignment, an environmental assessment and cleanup cost estimate have been done on a contaminated subject property the effect, if any, of cleanup cost on the value of the property must be considered in the appraisal.<br /> <br /> ::::There will be instances in which contamination has not been detected by the time an inspection for appraisal is made. In the absence of specific instructions, appraisers are not required to do, or to cause to have done, environmental assessments of subject properties, and it is expected that a disclaimer stating the appraisers' lack of expertise in this field will be included in the appraisal report. However, the appraiser is responsible for observing and reporting obvious indications of potential contamination.<br /> <br /> ::::If contamination is suspected, appraisers should photograph the suspect area include in the descriptive sections of their reports the circumstances or features that they feel indicate potential problems and clearly state that the possibility of contamination exists. They should include statements to the effect that &quot;the value conclusion assumes that the property is not contaminated and if it is later found to be, the value estimate could change.&quot;<br /> <br /> ::::It is not the intention of this instruction to give comprehensive procedures for inspecting properties for contamination, but to offer appraisers some guidance.<br /> <br /> ::::The current use or historic uses of a property can be strong indicators of possible contamination. Some examples of uses that should alert the appraiser include:<br /> <br /> ::::*Vehicle repair, maintenance or salvage;<br /> ::::*Electroplating and/or metal fabricating;<br /> ::::*Chemical manufacture, storage or sales;<br /> ::::*Petroleum related storage, transportation or sales; Trucking; Manufacture, storage and/or sales of agricultural chemicals.<br /> <br /> ::::Site and improvement characteristics to look for include:<br /> <br /> ::::*Tanks, pits, lagoons, ditches, pipes, piles, containers, etc.;<br /> ::::*Containment structures such as berms or dikes;<br /> ::::*Wastewater treatment facilities;<br /> ::::*Recent unexplained ground disturbance;<br /> ::::*Color variation in soils or barren soil;<br /> ::::*Water with surface staining or sheen;<br /> ::::*Dead or dying vegetation.<br /> <br /> ::::Potential asbestos containing materials include:<br /> ::::*Sprayed-on fireproofing;<br /> ::::*Pipe wrap; Friable tape;<br /> ::::*Acoustical plaster; Shingles;<br /> ::::*Floor tile.<br /> <br /> ::::Other possible indications of hazardous materials or waste:<br /> ::::*Odors,<br /> ::::*Peeling paint,<br /> ::::*Urea-formaldehyde foam insulation.<br /> <br /> ::::These features or characteristics do not necessarily indicate contamination but should alert appraisers to the possibility. Once alerted, appraisers should include questions about the historic use of the property in interviews with owners, operators, city officials, real estate practitioners and others as they proceed with normal data research, and include their findings in their appraisal reports.<br /> <br /> ::::'''B. [[127.4 Wetlands and Streams|Wetlands]]:'''<br /> <br /> ::::The U.S. Army Corps of Engineers and the Environmental Protection Agency define wetlands as follows: &quot;A wetland is a type of water of the United States subject to Section 404 of the Clean Water Act. Other such waters include lakes, ponds, streams (including intermittent streams), rivers, creeks, springs, territorial seas, other tidal waters, and other bodies of open water. The term wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support and that, under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Also, wetlands are generally distinguished from other waters of the United States in that they normally support vegetation.&quot; The U.S. Department of Interior, Fish and Wildlife Service defines wetlands as &quot;Land where water is the dominant factor determining the nature of soil development and the types of plant and animal communities living in the soil or on its surface.&quot;<br /> <br /> ::::At this time there is no comprehensive mapping or inventory of existing wetlands. The U.S. Soil Conservation Service can provide soil classification maps that note hydric soils (potential wetlands) and the Fish and Wildlife Service has National Wetland Inventory maps which also delineate potential wetlands but do not make a final determination. Three basic characteristics are considered in making a determination if an area is wetland:<br /> <br /> ::::*hydrology,<br /> ::::*vegetation,<br /> ::::*and soil.<br /> <br /> ::::If an area is in a floodplain or otherwise has low spots in which water stands at or above the soil surface for more than seven consecutive days during the growing season and/or has plant communities that commonly occur in areas having standing water for part of the growing season (gum swamps, cordgrass, marshes, cattail marshes, bulrush and tule marshes, and sphagnum bogs) and/or has soils that are called peats or mucks there is a high probability that it is wetland, a determination of which must be reached by a more detailed investigation of soils and plant life.<br /> <br /> ::::When MoDOT appraisers are dealing with wetland in an acquisition the wetland area will have been defined by the Design Division. The appraiser's challenge is to find comparable sales that are also wetland. Because of the detailed investigation by specialists required to determine the presence of wetland as defined, and because this investigation is normally only done when construction or development is planned, the appraiser will not normally know whether a sale has wetland. The appraiser can, however, determine if some of the wetland-indicating conditions as stated above are present. If some or all of these conditions are present in a rural or low-density developed area it is likely that valid comparisons can be made between the subject and the comparable sales based upon the utility of the land. If the subject and sales are in an area where the highest and best uses are for development then the determination of wetland classification may be critical to the valuation process. A sale, for example, which is marshy land but not classified as wetland, may be developable at typical cost by filling while a similar tract, which is classified as wetland may not be developable or may be only at significantly increased cost due to requirements of Section 404 of the Clean Water Act.<br /> <br /> :::'''7. Fence'''<br /> <br /> ::::'''Permanent Fence:''' Fence should be described in sufficient detail to allow an estimate of its contributory value and/or to allow development of a cost estimate for replacement. The fencing cost estimate may be supported by a contractor's estimate or fencing cost schedule. Appraisers are encouraged to seek contractor’s estimates, especially on larger and complex fence situations.<br /> <br /> ::::The appraisal should include compensation for replacement of all fencing, by like kind at actual new cost, along the proposed boundary line, which is necessary for the subject property to attain its highest and best use or contributes to that use.<br /> <br /> ::::Compensation for fence that may not contribute to the fulfillment of the highest and best use may be considered. Fence may have interim use value, depreciated in place value, salvage value (value of salvage exceeds cost of removal), no value (removal cost equals salvage value) or negative value (removal cost exceeds salvage value). The analysis should be clear as to which valuation premise is being used.<br /> <br /> ::::Fence that is acquired as a result of widening should be considered as an improvement acquired and may be valued at its contributory value or replacement cost depending on whether it must be replaced. A requirement for fence where there was none before, due to a realignment or other reason, should be considered consequential damage and valued by the cost to cure.<br /> <br /> ::::The appraisal shall include compensation for appropriate costs of fencing the boundary line in all areas where the ownership was previously fenced, even if plans indicate the contractor will fence the boundary line. Appraiser shall include all normal costs as if the contractor was not fencing. This provision applies to permanent fence and temporary fence; as well as borrows and haul roads if MoDOT will acquire the borrow area.<br /> <br /> ::::'''Temporary Fence:''' Temporary fencing of easements should be included as cost to cure. Estimated costs of temporary fencing should be consistent with its temporary nature.<br /> <br /> ::::Temporary fencing of easements not provided by the contractor should be included as cost to cure. Estimated costs of temporary fencing should be consistent with its temporary nature.<br /> <br /> ::::Temporary fencing of easements is required when livestock containment is an issue, even if the plans indicate the contractor will provide such fence. For reasons of highway safety and potential liability claims, compensation should provide temporary fence in like kind to the existing fence, up to and including woven wire. The value of board or decorative fence would be compensated for in like kind for the permanent fence, but would not be appropriate compensation measure for temporary fence.<br /> <br /> :::'''8. [[127.2 Historic Preservation and Cultural Resources|Historic and Archaeological Considerations]]'''<br /> <br /> :::Normally, properties with historic or archaeological significance will have been identified in the project design phase. If in the course of inspection or research the appraiser becomes aware of new facts indicating that a subject may be a historically or archaeologically significant site these facts should be reported to the district right of way manager for communication to other divisions with responsibility for dealing with them. Archaeological sites will likely be explored and artifacts removed before any effects by the project, and will normally not be considered in any appraisal of the property. Once a determination has been made to acquire a historic building for a project, it should be dealt with as a typical appraisal problem by taking into account all factors that affect value. Historic characteristics of a building may have positive, negative or no impact on value depending primarily upon market reaction to laws regulating the building's use and maintenance, and should be dealt with as part of the appraisal problem.<br /> &lt;div id=&quot;Manufactured Homes&quot;&gt;&lt;/div&gt;<br /> :::'''9. Manufactured Homes'''<br /> <br /> :::In general, manufactured/mobile homes shall be considered realty if owned by the fee holder and assessed as realty. They shall be considered personalty if the tenant owns the mobile home but not the land in which the mobile home is sitting on. For additional definition of mobile home, see [[236.8 Relocation Assistance Program#(cc) Mobile home|EPG 236.8.1.3.cc]], and [https://www.law.cornell.edu/cfr/text/49/24.2 49 CFR 24.2(a) 17].<br /> <br /> :::If personalty, the manufactured/mobile homes shall be noted in the appraisal report but not valued. Personalty will be covered under relocation (see [[236.8 Relocation Assistance Program|EPG 236.8]]).<br /> <br /> :::'''10. Moving Improvements as a Measure of Damage'''<br /> <br /> :::Use of the estimated cost to move a building improvement as a measure of proximity or other consequential damage must be supported by contractor estimates and analysis of market data to show feasibility. The value of the improvement if moved must be significantly greater than the after value in-place plus the cost to move. The use of this method is limited to those situations in which moving an improvement appears to be an action that a typical prospective buyer might consider. When this method of analysis is chosen both a sales comparison and cost approach should be done and the added value and extended economic life due to new components such as foundation, plumbing, wiring, etc. must be recognized in the after value conclusion.<br /> <br /> :::'''11. On-premise Signs'''<br /> <br /> :::If a partial acquisition requires removal of on premise signs, including logo or trademark signs, such signs are to be handled under [[236.8 Relocation Assistance Program|Relocation]].<br /> <br /> :::If a business operation will be totally acquired, all on premise signs are to be valued as real estate and offered back to the owner at salvage value. An exception would be made, however, for those situations in which the business operation is to relocate to another location and wants to utilize an existing sign. In such cases a sign may be handled under [[236.8 Relocation Assistance Program|Relocation]].<br /> <br /> &lt;div id=&quot;12. Personalty Items and Fixtures&quot;&gt;&lt;/div&gt;<br /> :::'''12. Personalty Items and Fixtures'''<br /> <br /> :::The appraisal report should identify the items considered in the appraisal to be real property, as well as those identified as personal property. See [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR 24.103(a)(1)] and [[#USPAP|USPAP Standard Rule 1-2 e iii]]. This requirement may be met by identifying fixtures included in the realty value. Identify fixtures or personalty that might be considered a fixture, which the owner desires to retain, and exclude those elements from the realty value. Examples include freestanding appliances, restaurant equipment, industrial machines, etc. To avoid duplication of payments in the relocation program, the appraiser may need to coordinate with the relocation specialist and legal counsel to ensure proper allocation of complex fixture and personalty items.<br /> <br /> :::LP tanks owned by the fee holder are to be considered realty and included in the value estimate, unless the owner desires to have the fixture moved under the relocation program. Leased or tenant owned LP tanks are to be considered personal property and not valued.<br /> <br /> :::Satellite dishes including all in-ground components are to be considered as personal property and not valued.<br /> <br /> :::'''13. Project Influence'''<br /> <br /> :::As contained in [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR Section 24.103(b)] (February 1, 2005), &quot;The appraiser shall disregard any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired or by the likelihood that the property would be acquired for the project, other than that due to physical deterioration within the reasonable control of the owner.&quot;<br /> <br /> &lt;div id=&quot;Special Benefits&quot;&gt;&lt;/div&gt;<br /> :::'''14. Special Benefits'''<br /> <br /> :::Special Benefits are those benefits accruing to the land adjacent to the public improvements, which do not accrue to the public at large.<br /> <br /> :::Special benefits reflected in an appraisal must be supported with concurrence from district counsel by letter retained in the appraisal work file.<br /> <br /> :::It is the policy of MoDOT that no single-family dwelling that has contributory value, whether occupied or unoccupied at the effective date of appraisal or date of acquisition, shall be compensated at less than its contributory value due to the assessment of special benefits, and that no occupied dwelling shall be compensated at less than its value for residential highest and best use.<br /> <br /> :::If there are special benefits to a remainder and an occupied or vacant dwelling which has value in the before situation is to be acquired, the [http://eprojects/Templates/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment] shall instruct the appraiser to do a cost approach in addition to any other applicable approaches so that a value estimate for the improvement is set out. If the estimate of just compensation of the appraisal is less than the value of the dwelling and residential outbuildings such as detached garages and/or storage sheds, and a typical supporting site the reviewer shall approve compensation in at least the amount of the estimated value of the dwelling, associated residential outbuildings and supporting site.<br /> <br /> :::If there are special benefits to a remainder and an occupied dwelling which has no contributory value in the before situation is to be acquired, the Scope of Assignment shall instruct the appraiser to provide a value estimate for the dwelling and residential outbuildings such as detached garages and/or storage sheds, and a typical supporting site as if the highest and best use was residential, in addition to the value estimate resulting from dealing with the appraisal problem in the normal manner. Approved compensation shall be at least the value of the dwelling, associated outbuildings and supporting site.<br /> <br /> :::If there are special benefits to a remainder and an unoccupied dwelling which has no contributory value in the before situation is to be acquired, the property shall be appraised for its highest and best use in both the before and after situation with no special consideration being given the improvements.<br /> <br /> :::'''15. Blank'''<br /> <br /> :::'''16. Units of Comparison'''<br /> <br /> :::In markets where analysis by front foot indicators is considered appropriate, value indications by area (square foot or acre) shall also be included in comparative data and analyses.<br /> <br /> &lt;div id=&quot;USPAP&quot;&gt;&lt;/div&gt; <br /> :::'''17. Uniform Standards of Professional Appraisal Practice'''<br /> <br /> ::::'''[[#Compliance Statement|USPAP Compliance Statement]]:''' This statement is to be used in [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|Standard]], [[236.6 Appraisal and Appraisal Review#236.6.3.4 Uniform Residential Appraisal Report (URAR) and Addendum|URAR]], and [[236.6 Appraisal and Appraisal Review#236.6.3.2 Value Finding Appraisal Format|Value Finding]] formats. See [[#236.6.3.3 Waiver Valuation|EPG 236.6.3.3]] for the USPAP Compliance Statement to be used with Waiver Valuations.<br /> <br /> ::::Uniform Standards of Professional Appraisal Practice (USPAP) provide the common basis for all appraisal practice and reflects the current standards of the appraisal profession. Supplemental standards applicable to assignments prepared for specific purposes may be issued by government agencies that establish public policy. This manual represents MoDOT’s supplemental standards.<br /> <br /> ::::USPAP addresses the ethical and performance obligations of appraisers through definitions, rules and standards. The definitions establish the application of certain terminology. The Ethics Rule sets forth the requirements for integrity, impartiality, objectivity, independent judgment and ethical conduct. The Competency Rule presents pre-assignment and assignment conditions for knowledge and experience. The Jurisdictional Exception Rule preserves the balance of USPAP if a portion is contrary to law or public policy of a jurisdiction. The Supplemental Standards rule provides the means for government agencies that establish public policy to augment USPAP. The Standards establish the requirements for appraisal, appraisal review and the manner in which each is communicated. In performing assignments for the MoDOT and Missouri Highways and Transportation Commission, appraisers are bound by these USPAP standards and rules.<br /> <br /> ::::USPAP Standards Rule 1-4 when applicable In developing a real property appraisal, an appraiser must collect, verify, and analyze all information necessary for credible assignment results MoDOT has determined, through the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment], the formats and approaches to value which are applicable, that is, the approaches which are necessary to produce a credible appraisal for valuing property or property rights to be acquired for the Missouri Highways and Transportation Commission purposes or for disposal of this property or property rights.<br /> <br /> ::::As an agency of the government of the State of Missouri with the power to make administrative rules with the force of law, MoDOT’s policy in this matter falls under the Jurisdictional Exception and explanation by the appraiser that the approaches to value are those required by the Scope of Assignment is adequate explanation and support for the exclusion of any of the usual valuation approaches.<br /> <br /> ::::It is not the purpose of MoDOT to circumvent USPAP in utilizing abbreviated report formats or requiring less than three approaches to value. Rather, the purpose of this procedure is to keep the authority for making the decision on which approaches to value shall be done on an administrative level. The appraiser has the responsibility to request a change in the Scope of Assignment if field inspection reveals that the appraisal problem is substantially different than described in the Scope of Assignment and the approaches called for do not adequately deal with the problem.<br /> <br /> ::::Through the Scope of Assignment process, the agency and the appraiser have determined that the appraisal process to be performed will provide a credible report. The review process finally assures that a credible report has been accomplished for the intended use.<br /> <br /> ::::Not all specific requirements of USPAP are applicable to every assignment. Typical practice for a given assignment is measured by the expectations of parties who are regularly intended users for similar assignments, participants in the market of appraisal services, and what an appraiser’s peers’ actions would be in performing the same or a similar assignment.<br /> <br /> ::::'''Jurisdictional Exception:''' Section A of the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA) notes that the Standards conform to Uniform Standards of Professional Appraisal Practice (USPAP), but that, in certain instances, it has been necessary to invoke USPAP’s Jurisdictional Exception Rule to conform the UASFLA to federal law relating to the valuation of real estate for government acquisition purposes. The following identifies the areas of the UASFLA that deviate from USPAP under the Jurisdictional Exception Rule.<br /> <br /> ::::USPAP’s Jurisdictional Exception Rule provides that &quot;if any part of USPAP standards is contrary to the law or public policy of any jurisdiction, only that part shall be void and of no force or effect in that jurisdiction&quot;. By way of explanation, the comment section of USPAP’s Jurisdictional Exception Rule further provides: &quot;By logical extension, there can be no violation of USPAP by an appraiser disregarding, with proper disclosure, only the part or parts of USPAP that are void and of no force and effect in a particular assignment by operation of legal authority&quot;. The comment also states, however, that &quot;it is misleading for an appraiser to disregard a part or parts of USPAP as void and of no force and effect in a particular assignment without identifying in the appraiser’s report the part or parts disregarded and the legal authority justifying this action&quot;.<br /> <br /> ::::The conflicts between the UASFLA and USPAP that require invocation of USPAP’s Jurisdictional Exception Rule are minimal. Invocation of the Jurisdictional Rule should never be invoked lightly, or without reference to the overriding federal policy, rule, or regulation, which requires it. USPAP is not a particularly restrictive document, but it and the UASFLA require full and prominent disclosure to avoid misleading intended users (or even casual readers) of the appraisal report.<br /> <br /> ::::While the UASFLA standards are not themselves law, they are based on federal case law, legislation, and administrative rules. Also, the UASFLA standards have been specifically incorporated by reference into a number of statutes and regulations, in particular the regulations that implement the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. It is clear that the deviations between the UASFLA and USPAP noted below fall under USPAP’s Jurisdictional Exception Rule; the legal authority justifying these exceptions consists of the UASFLA and the federal case law, legislation, and federal regulations upon which the UASFLA are based.<br /> <br /> ::::*'''Linking Estimate of Value to Specific Exposure Time'''<br /> :::::Section A-9 of the UASFLA provides that the appraiser shall not '''link''' an estimate of market value for federal land acquisition purposes to a specific exposure time. This is contrary to USPAP Standards Rule 1-2 and Standards Rule 2-2, and is considered a jurisdictional exception. The legal basis and reasoning for this jurisdictional exception may be found in Section B-2 of the UASFLA.<br /> <br /> ::::*'''Consideration of Land Use Regulations and Anticipated Public Projects'''<br /> :::::Section A-12 of the UASFLA provides that the appraiser disregard any changes in a property’s neighborhood brought about by the government’s project. Section A-13h of the UASFLA further instructs appraisers that they must disregard recent rezoning (or the probability of rezoning) of the property under appraisal if such action was the result of the government’s project. Section B-10 of the UASFLA, “Enhancement or Diminution in Value Due to the Project,” explains the legal basis for these instructions. These instructions are contrary to USPAP Standards Rule 1-3(a), which requires appraisers to identify and analyze the effect on use and value of existing land use regulations and probable modifications thereof, and to Standards Rule 1-4(f), which requires appraisers to analyze the effect on value of anticipated public improvements located on or off site. Therefore, the instructions to appraisers in the UASFLA in this regard are considered jurisdictional exceptions.<br /> <br /> ::::*'''Review Functions'''<br /> :::::Section C-5 of the UASFLA notes that 49 C.F.R. 24.104 requires the reviewer to determine whether the appraisal under review constitutes an adequate basis for the establishment of an offer of just compensation. To do that, it may be necessary for the reviewer to consider information that was not available to the appraiser at the time the appraisal report was prepared. Standards Rule 3-1(c) of USPAP prohibits the reviewer from using information not available to the appraiser in development of an opinion as to the quality of the appraisal report under review. Review appraisers are cautioned that some may construe their consideration of such information in conducting their review and developing recommendations to management as contrary to Standards Rule 3-1(c). Therefore, review appraisers may wish to invoke USPAP’s Jurisdictional Exception Rule in this regard, depending upon the specific circumstances of the review.<br /> <br /> :::::As noted in Section C-1 of the UASFLA, administrative reviews are not subject to USPAP and do not meet the requirements of 49 C.F.R. 24.104. In addition, Draft Appraisal Reports are not subject to USPAP, even though they may be reviewed for general conformance therewith, as well as conformance with the UASFLA. However, a technical review report covering a draft appraisal report does fall under the purview of USPAP and the UASFLA. However, the review appraiser typically does not approve, recommend for approval, disapprove, accept, or reject a draft appraisal report. Draft appraisal reports, for purposes of the UASFLA, are written appraisal reports, or parts thereof, which are not signed by the appraiser and do not include a signed appraiser’s certificate, or a signed letter of transmittal.<br /> <br /> ::::*'''Conduct of Preliminary Value Estimates and Appraisals for Federal Land Exchanges''' <br /> :::::As noted in Section D-7 of the UASFLA, a preliminary value estimate prepared under 43 C.F.R. 2201.1(b) is not considered an appraisal even though it may be prepared by a qualified appraiser. Therefore, the preparations of such preliminary value estimates are a jurisdictional exception to USPAP.<br /> <br /> ::::*'''Specific Legislation and Regulations'''<br /> :::::Each land acquisition agency has its own policies, rules, and regulations relating to its land acquisition activities. While all of these rules and regulations work from a base of 49 C.F.R. Pt. 24, as do the UASFLA, specific agency program activities sometimes make it necessary to adopt rules and regulations which are, or may be construed to be, contrary to USPAP.<br /> <br /> ===236.6.3.2 Value Finding Appraisal Format===<br /> <br /> The instructions for the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format] (Form 236.6.3.1) are the source for general appraisal guidance on all the formats. The following instructions are specific to the Value Finding Appraisal Format.<br /> <br /> Use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20Finding%20Appraisal%20Form%20236.6.3.2.docx Value Finding Appraisal Format] (Form 236.6.3.2) is allowed when:<br /> <br /> *the acquisition is simple<br /> *fair market value can adequately be estimated by the sales comparison approach with only minor adjustments<br /> *damage to the remainder can be measured by the cost to cure or is consequential damage not exceeding $25,000 per element of damage, unless authorized by a policy waiver from Right of Way Section. Damages due to simple strip permanent or temporary easements and cost to cure items when valued by a reliable cost manual or contractors’ estimate are not subject to the $25,000 damage limit in the value finding format.<br /> *the highest and best use is the present use and is not materially affected by the acquisition. Change in highest and best use resulting from a nominal uneconomic remnant is allowed in this format.<br /> <br /> Use of the Value Finding Appraisal Format, Form 236.6.3.2 is '''not''' allowed:<br /> <br /> *when there is consequential damage exceeding $25,000 to a structural improvement, unless authorized by a policy waiver from Right of Way Section (see [[#Damages|EPG 236.3.1.D Damages]]).<br /> *when residences are to be acquired, unless authorized by a policy waiver from Right of Way Section.<br /> <br /> Any waiver from the above restrictions of the Value Finding Format must be obtained in writing from Right of Way Section.<br /> <br /> ====A. Instructions For Preparing Value Finding Appraisal Format====<br /> <br /> The appraiser shall adhere to the following format, and shall include paragraph headings and numbers as shown. The appraisal shall be typewritten on 8 1/2&quot; x 11&quot; paper with the pages numbered sequentially.<br /> <br /> These format instructions set out appraisal requirements of the Missouri Department of Transportation (MoDOT) and the Federal Highway Administration (FHWA). It is inevitable that appraisers will occasionally encounter situations that are not specifically addressed herein. In all cases the appraiser is responsible for a credible, adequately documented appraisal. Reasonableness and typical professional appraisal practices are the standard.<br /> <br /> There are a number of ownership items and appraisal problems frequently encountered in appraising for property acquisition, on which policies have been established by case law, management decision and precedent. These policies apply to all appraisal formats and are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1.D, Other Appraisal Considerations]].<br /> <br /> See [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|EPG 236.6.3.1]] for the standard identification block<br /> <br /> :'''1. Owner and Tenant Owner'''<br /> <br /> :See [[#Owner and Tenant Owner|Owner and Tenant Owner]] for instructions.<br /> <br /> :'''2. Purpose of Appraisal'''<br /> <br /> :See [[#Purpose of Appraisal|Purpose of Appraisal]] for instructions and all standard language for this paragraph.<br /> <br /> :'''3. Interest Appraised'''<br /> <br /> :See [[#Interest Appraised|Interest Appraised]] for instructions.<br /> <br /> :'''4. Scope of Work'''<br /> <br /> :See [[#Scope of Work|Scope of Work]] for instructions.<br /> <br /> :The Scope of Work for a Value Finding Appraisal Format is the same as that of a Standard Appraisal Format. However, due to the simplicity of the impact on the appraised property as determined in the Scope of Assignment, the required reporting level is reduced in the Value Finding report.<br /> <br /> :'''5. Identification of the Property'''<br /> <br /> :See [[#Identification of the Property|Identification of the Property]] for instructions.<br /> <br /> :'''6. History of the Property'''<br /> <br /> :See [[#History of the Property|History of the Property]] for instructions.<br /> <br /> :'''7. Description of Realty Before Acquisition'''<br /> <br /> :See [[#Description of Property Before Acquisition|Description of Property Before Acquisition]] for instructions.<br /> <br /> ::'''A. Zoning:'''<br /> <br /> ::*Code <br /> ::*Category<br /> ::*Compliance<br /> <br /> ::'''B. Land:'''<br /> <br /> ::For the Value Finding format, the land description should concentrate on areas in the acquisition and areas affected by the acquisition. Unaffected areas may require little or no description.<br /> <br /> ::*Access Before Acquisition:<br /> ::*Utilities In Use Before Acquisition:<br /> ::*Utilities Available Before Acquisition:<br /> <br /> ::'''C. Fee Owned Improvements, Fixtures and Personalty:'''<br /> <br /> ::See [[#Description of Property Before Acquisition|EPG 236.6.3.1.7C]] for instructions for Fee Owned Improvements, Fixtures and Personalty. If unaffected by the acquisition, improvements shall be inspected to the extent that they can be adequately described. The appraiser may estimate the contributory value of unaffected improvements without support.<br /> <br /> ::This format shall not be used when there is consequential damage exceeding $25,000 to a structural improvement. If there will be consequential damage to a structural improvement, include a detailed description of the affected improvement in this paragraph and explain damage applied in Paragraph 9.<br /> <br /> ::*Fixtures and Personalty ([[#12. Personalty Items and Fixtures|EPG 236.6.3.1.19.D.12]] and [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR Subpart B 24.103 (a)]<br /> <br /> ::'''D. Tenant Owned Improvements, Fixtures and Personalty:'''<br /> <br /> ::See [[#Description of Property Before Acquisition|EPG 236.6.3.1.7D]] for instructions for Tenant Owned Improvements, Fixtures and Personalty. See also [[#12. Personalty Items and Fixtures|EPG 236.6.3.1.19.D.12]] and [https://www.law.cornell.edu/cfr/text/49/24.103 49 CFR Subpart B 24.103 (a)].<br /> <br /> ::'''E. Other Appraisal Considerations:'''<br /> <br /> ::Methods and directions for addressing other property elements are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> :'''8. Highest and Best Use'''<br /> <br /> :For a Value Finding appraisal, a statement of the highest and best use conclusion is sufficient. A concluded highest and best use in conflict with existing zoning must be explained. The Value Finding Appraisal Format requires that the highest and best use of an improved property be the current use and that the highest and best use is not affected by the acquisition.<br /> <br /> :For additional information on highest and best use, see [[#8. Highest and Best Use Analysis Before Acquisition|Highest and Best Use Analysis Before Acquisition]].<br /> <br /> :'''9. Description of the Acquisition and Effects on the Remainder'''<br /> <br /> :For a Value Finding appraisal, include the area of new acquisition and/or easements, and briefly describe their location, configuration and relation to improvements or other important characteristics of the property. See [[#Description of Property Before Acquisition|Description of Property Before Acquisition]] and [[#Description of Property After Acquisition|Description of Property After Acquisition]] for instructions on Utilities and Access.<br /> <br /> :*Access After Acquisition:<br /> :*Impact on Utilities:<br /> :*Utilities In Use After Acquisition:<br /> :*Utilities Available After Acquisition:<br /> <br /> :'''Other Appraisal Considerations:'''<br /> <br /> :Methods and directions for addressing other property elements are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1.D]].<br /> <br /> :'''10. Analysis and Supporting Data for Compensable Losses'''<br /> <br /> ::'''A. Analysis of Overall Land Value:'''<br /> <br /> ::In a Value Finding appraisal, a minimum of one unimproved sale comparable to the subject as if the subject was unimproved, shall be considered when arriving at an overall unit value, unless a different requirement of sale date is specified in the Scope of Assignment. See [[236.6 Appraisal and Appraisal Review#236.6.3.5 Instructions for Preparing Sale Forms|EPG 236.6.3.5]] for requirements of comparable sale and [[#Sales Comparison|EPG 236.6.3.1.9.A]] for the application of comparable sales in the valuation. All significant differences between the sale and subject must be identified and the effect on market value analyzed and explained.<br /> <br /> ::In a Value Finding appraisal, total difference of up to 30% may be adjusted in a lump sum, with explanation. When a sale sufficiently comparable to meet this requirement is not available the appraiser may use the most comparable sale(s) available and show individual adjustments together with market data or in-depth explanation of the appraiser's rationale to support the adjustments and value conclusion. A brief explanation should be given if in the appraiser's judgment no adjustment to the sale(s) is necessary.<br /> <br /> ::Conclusion-Overall Unit Value of Land: $ ________________<br /> <br /> ::'''B. Analysis of Value of Land Acquired (if different from overall value):'''<br /> <br /> ::In a Value Finding appraisal, if the unit value of the area acquired is different from the overall unit value of the entirety it must be supported by a sale comparable to the acquisition and explanation must be given why the estimated unit value of the acquisition area is different. The same procedure for adjustments as outlined above applies to the sale(s) used to analyze the unit value of the acquisition.<br /> <br /> ::Conclusion-Unit Value of Land Acquired: $ _____________<br /> <br /> ::'''C. Analysis of Value of Improvements, Fixtures and Personalty in the Acquisition:'''<br /> <br /> ::In a Value Finding appraisal, the appraiser may estimate the contributory value of any acquired improvement having a value of $25,000 or less. Improvements with a value over $25,000 may be valued by The Cost Less Depreciation approach with cost sources, calculations and depreciation rates shown, or by a method set out in the Scope of Assignment, or [[#Cost Approach|EPG 236.6.3.1.9B]].<br /> <br /> ::Depreciation may be estimated by observed condition or age life methods. Market data supporting improvement value and/or depreciation estimates may be included.<br /> <br /> ::Value of each improvement, its ownership and the total value of improvements acquired shall be shown. Also see [[#Other Appraisal Considerations|EPG 236.6.3.1D]].<br /> <br /> ::Conclusion-Estimated Value of Improvements Fixtures and Personalty Acquired:__________<br /> <br /> ::'''D. Analysis of Damage to the Remainder:'''<br /> <br /> ::In the Value Finding format, rationale for conclusion of damage to remainder due to easements or other damage shall be explained. Description of temporary and permanent easements should include the use and anticipated duration of that use.<br /> <br /> ::Losses to remainder value may result from limitation of direct access, proximity of the proposed boundary line to improvements, severance, reduction in size of remainder, configuration of remainder, change in grade, and other effects of acquisition. Losses of this nature may be estimated by the appraiser without the benefit of sales data or other supporting evidence provided an estimate for any one given loss does not exceed $25,000, but in all cases rationale must be reasonable and fully explained. Consequential damage due to more than one of the above factors may suggest that the standard appraisal format should be used.<br /> <br /> ::Cost to cure items may include wells and water systems, septic or sewer systems, waterways, terraces, fencing for proposed boundary lines along relocated highways, etc. Costs for such items shall be based on contractor estimates or other appropriate cost sources. Value of each cost to cure item and the total shall be shown. The costs of cost to cure elements, documented in the same manner that would be applied in a Standard Format, are not included in this limitation of damages in this Value Finding format.<br /> <br /> ::The estimated cost to move a building improvement shall not be used as a measure of consequential damage in the Value Finding format, unless authorized in the Scope of Assignment. See [[#Reconciliation of Value Before Acquisition|EPG 236.6.3.1.D10]].<br /> <br /> ::Conclusion-Estimated Damage to Remainder: $___________<br /> <br /> ::'''Other Appraisal Considerations:'''<br /> <br /> ::Methods and directions for addressing other property elements are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1D]].<br /> <br /> :'''11. Estimate of Total Just Compensation'''<br /> <br /> :The Before Value Estimate shall include the value of land and all improvements including outdoor advertising structures. Contributory values of unaffected improvements may be estimated.<br /> <br /> ::Total Before Value Estimate: $ ________________<br /> <br /> ::After Value Estimate: $ ________________<br /> <br /> ::Indicated Just Compensation Due to Acquisition:$ ________________<br /> <br /> :'''12. Allocation of Just Compensation'''<br /> <br /> :The appraiser shall offer an opinion of reasonable allocation of the estimate of just compensation between realty acquired and damages, if any, to the remainder. This policy shall apply to the interests of both fee holders and tenants who own improvements.<br /> <br /> ::'''A. Allocation of Fee Holder’s Interest:'''<br /> <br /> :::1. Land Acquired: $ ________________<br /> <br /> :::2. Improvements, Fixtures and Personalty: $ ________________<br /> <br /> :::Improvements or structures within the new acquisition and/or easement areas shall be identified, with a separate value shown for each. Fence acquired in a strip acquisition shall be included as an improvement acquired.<br /> <br /> :::3. Total Land and Improvements Fixtures and Personalty: $ __________<br /> <br /> :::4. Damages to the Remainder: $ __________<br /> <br /> :::Damages to the remainder including permanent and temporary easements shall be identified and individually valued and their values combined to a total. Losses caused by temporary borrow pits must be set apart from other damages. Fencing required as a cost to cure due to road realignment, temporary fencing, etc., shall be included as a damage to the remainder.<br /> <br /> :::5. Total Just Compensation Due Fee Holder: $ __________<br /> <br /> ::'''B. Allocation of the Tenant Owner’s Interest:'''<br /> <br /> :::1. Tenant Owned Improvements Fixtures and Personalty:<br /> <br /> ::::Item __________________ $ ________________<br /> ::::Item __________________ $ ________________<br /> <br /> :::Identify each tenant owned improvement within the new acquisition and/or easement area and estimate its value. Use the greater of its contributory value or value for removal (salvage value).<br /> <br /> :::2. Damage to Tenant Owned Improvements Fixtures and Personalty:<br /> <br /> ::::Item __________________ $ ________________<br /> ::::Item __________________ $ ________________<br /> <br /> :::Identify and show a value loss, if any, for each tenant owned improvement lying outside the acquired area.<br /> <br /> :::3. Leasehold Interest: $ __________<br /> <br /> :::Calculate value of leasehold Interest, if any, should the lease be extinguished or rendered valueless by the acquisition.<br /> <br /> :::4. Total Just Compensation Due Tenant-Owner: $ __________<br /> <br /> :'''13. Uneconomic Remnant'''<br /> <br /> :See [[#Uneconomic Remnant|EPG 236.6.3.1.17]] for instructions on Uneconomic Remnant.<br /> <br /> :Area __________________ @ $ ____________ = $ ________________<br /> <br /> :'''14. Salvage Value''' <br /> <br /> :See [[#Salvage Value|EPG 236.6.3.1.18]] for instructions on Salvage Value.<br /> <br /> :Improvement Salvage Value $_________________<br /> <br /> :Improvement Salvage Value $_________________<br /> <br /> :Total Salvage Value $ _________________<br /> <br /> :'''15. Required Attachments'''<br /> <br /> :See [[#Required Attachments|EPG 236.6.3.1.19]] for Required Attachments.<br /> <br /> ===236.6.3.3 Waiver Valuation===<br /> <br /> The purpose of the appraisal waiver provision is to provide a technique to avoid the costs and time delay associated with appraisal requirements for low-value, non-complex acquisitions. The intent is that non-appraisers and appraisers in training may make waiver valuations. The district right of way manager or assistant right of way manager certified makes a determination to use the waiver valuation.<br /> <br /> Waiver valuations are not appraisals as defined by the Uniform Act and 49 CFR; ([https://www.law.cornell.edu/cfr/text/49/24.102 49 CFR 24.102 (c)]) therefore, appraisal performance requirements or standards, regardless of their source, are not required for waiver valuations. Since waiver valuations are not appraisals, neither is there a requirement for an appraisal review. The definition of &quot;appraisal&quot; in the Uniform Act and appraisal waiver provisions of the Uniform Act and 49 CFR are Federal law and public policy and should be considered as such when determining the impact of appraisal requirements levied by others, including USPAP.<br /> <br /> Use of the Waiver Valuation is allowed when the acquisition is simple and $25,000 or less. Fence re-establishment costs, whether improvement acquired or allocated to damages, may be excluded from this limit. No other cost to cure elements may be excluded from the limit.<br /> <br /> Limitations to the intended use of the Waiver Valuation include:<br /> <br /> *land value is easily determined,<br /> *only nominal structural improvements are acquired,<br /> *only nominal access rights are acquired<br /> *other than fence, costs to cure cannot make the total compensation exceed $25,000<br /> *there are no apparent damages to the remainder – other than simple easements, access rights of nominal impact and creation of nominal uneconomic remnants<br /> <br /> An agency official must establish just compensation to offer the property owner that is accomplished by the valuer’s signature and co-signature of the district right of way manager or assistant right of way manager certified, or their designee.<br /> <br /> The same person may perform both the value estimate and negotiation functions. Although the right of way representative must contact the owner, an invitation to accompany the representative during the property inspection is not required.<br /> <br /> This section provides guidance and format for a Payment Estimate waiver valuation. Other waiver valuation formats may be developed by districts to accommodate management style and project type. Development of alternative waiver valuation formats other than the Payment Estimate requires the approval of the Right of Way Section.<br /> <br /> '''A. Payment Estimate Instructions:'''<br /> <br /> :Use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Waiver%20Valuation%20Form%206.3.3.docx Payment Estimate] (Form 236.6.3.3) is allowed when the acquisition is simple and the value of the acquisition is $25,000 or less. Fence re-establishment costs, may be excluded from this limit. No other cost to cure elements may be excluded from the $25,000 limit. The same person may perform both the value estimation and negotiation functions if the value estimate is less than $25,000.<br /> <br /> :The following sample format will be adequate for most applications but may be expanded to include space for uneconomic remnants, etc. when required.<br /> <br /> :'''Payment Estimate - Waiver Valuation'''<br /> <br /> :See [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|EPG 236.6.3.1]] for the standard identification block.<br /> <br /> :'''1. Owner and Tenant Owner:'''<br /> <br /> :Identify owner and tenant owner by address, phone number, etc.<br /> <br /> :For a Waiver Valuation, the property owner and tenant owner must be contacted and the contact documented in the valuer’s work file. Personal contact is preferred, however, when time or other limitations make this impractical, contact by telephone or mail is permitted. The valuer should inform the property owner and tenant owner as to the nature of the acquisition and that a written offer showing the amount of damages will be delivered by MoDOT right of way personnel or by mail.<br /> <br /> :In the Waiver Valuation, an invitation to accompany the right of way representative during the property inspection is not required. A copy of the brochure Pathways for Progress should be provided the property owner by the person making the initial contact. If the contact is by telephone, the brochure should be mailed.<br /> <br /> :'''2. Identification of the Property'''<br /> <br /> :See [[#Identification of the Property|Identification of the Property]] for instructions.<br /> <br /> :'''3. Description of Acquisition'''<br /> <br /> :Briefly describe the acquisition. In the waiver valuation, affects on the remainder are limited to easements and nominal damage elements.<br /> <br /> :'''4. Basis for Value:'''<br /> <br /> :Valuer shall cite one or more vacant land sales. Explanation of values of easements, nominal improvement, costs to cure, etc. should be addressed here.<br /> <br /> :'''5. Summary'''<br /> <br /> :Value of Land Acquired: $ _______________<br /> <br /> :Value of improvements, fixtures or personalty to be acquired:<br /> ::Fee owner (Salvage Value $_________) $ _______________<br /> <br /> ::Tenant owner (Salvage Value $______) $ _______________<br /> <br /> :Damages to the Remainder:<br /> <br /> ::Permanent Easement:<br /> ::_____________(area) @ $ _______ = $ _______________<br /> ::Temporary Easement:<br /> ::_____________(area) @ $ _______ = $ _______________<br /> <br /> :Other Damages: ___________________ $ _______________<br /> <br /> :Sub-total: ($25,000) limit $________________<br /> <br /> :Fencing: _________l.f. @ $_________/(l.f.) $ _______________<br /> :Fencing: _________l.f. @ $_________/(l.f.) $ _______________<br /> :Fencing: _________l.f. @ $_________/(l.f.) $ _______________<br /> :Total Fencing: $ _______________<br /> <br /> :Total Just Compensation $ _______________<br /> <br /> :Uneconomic Remnant $ _______________ <br /> <br /> :The assignment of value of a nominal uneconomic remnant created by an acquisition that fits the criteria and limitations of a Waiver Valuation may be assigned in this format.<br /> <br /> :'''6. USPAP Compliance Statement:'''<br /> <br /> :The valuer shall include in the waiver valuation report the following statement:<br /> <br /> :'''[[#USPAP|USPAP Compliance Statement]]:''' This waiver valuation was prepared according to the agreement/assignment from the Missouri Department of Transportation (MoDOT). The intended use of the waiver valuation is for eminent domain related acquisition and MoDOT is the only intended user (except as indicated above). MoDOT bears responsibility for agreement/assignment requirements that meet its needs and therefore are not misleading. In combination with the Scope of Assignment and administrative approval function, all waiver valuation reports assigned by MoDOT identify the problem to be solved, determine the scope of work necessary to solve the problem and correctly complete research and analysis necessary to produce a credible waiver valuation, and are therefore in compliance with USPAP Standard 1. In that the agency is the only intended user of the report and others may only be provided copies for informational purposes, the agency has determined that reports prepared in conformance with these procedures fulfill MoDOT’s needs. Any inconsistencies with USPAP are covered by the USPAP Jurisdictional Exception provision.<br /> <br /> :Prepared by: <br /> <br /> :Approved for Just Compensation by: <br /> <br /> :The preparer and the district right of way manager or their designee are required to sign the report constituting approval of just compensation by an agency official.<br /> <br /> :'''Required Attachments:'''<br /> :*Site Plan<br /> :*Photograph of Acquisition Area<br /> :*Comparable Sale or Other Value Support<br /> <br /> :'''Optional Attachments:'''<br /> :*Cover letters<br /> :*Tables of Contents<br /> :*Qualifications<br /> :*Engagement Letter or Notice to Proceed<br /> <br /> '''B. Use of Nominal Equal Payments to Assign Just Compensation with the Waiver Valuation'''<br /> <br /> Districts may establish categories of extremely simple and nominal acquisitions, like temporary driveway connection easements, and assign nominal equal compensation for those categories. The compensation must be greater than the conclusion of a valuation assignment or other calculation of the compensation, if one were done. These nominal equal payments may be included in Waiver Valuations for parcels with additional types of acquisitions or may be established as the Just Compensation if it is the only acquisition on given parcels. <br /> <br /> '''C. Use of Agent’s Value Estimate (AVE)'''<br /> <br /> Use of the AVE will be based on current sales data, parcel size, and other applicable appraisal criteria, to ensure that property owners are offered a fair market value for the acquisition of less than $25,000. <br /> <br /> The AVE will be prepared either in a MoDOT memorandum format or a cost estimate spreadsheet format. Data included in the AVE will include: date, parcel number, county route and project number. The sales data use is arriving at a value will be listed. It will be referred that three sales be shown as comparables, but listing one comparable sale is acceptable in limited markets. Fencing values and other minor items of acquisition will be estimated by using contractor’s cost estimates and/or Marshall and Swift cost data. The Assistant Right of Way Manager – Certified, or their designee will make a brief statement concerning the acquisition and the rationale for using the comparable sales. <br /> <br /> A valuation summary will list the amount of land being acquired and the estimated value per acre. Any areas for temporary or permanent easements will be listed with the appropriate value and percentage of damages. Fencing, minor improvements acquired and other applicable items of compensation will be shown in the summary as a line item addition to the total compensation. All items of compensation will then be added t produce the total compensation to be offered for each parcel.<br /> &lt;div id=&quot;D. Nominal Acquisition Payment (NAP)&quot;&gt;&lt;/div&gt;<br /> '''D. Nominal Acquisition Payment (NAP)'''<br /> <br /> Use of the NAP will be based on current sales data, parcel size, and other applicable appraisal criteria, to ensure that property owners are offered a fair market value for the acquisition of less than $25,000. The use of the NAP shall be subject to the approval of the Asst. to the State Design Engineer-ROW. <br /> <br /> The NAP is a table format indicating owner, size of subject, property and easements to be acquired, unit price of comparable sale, easement percentage, calculation of minor improvements, explanation of damages and calculated payment.<br /> <br /> ===236.6.3.4 Uniform Residential Appraisal Report (URAR) and Addendum===<br /> <br /> The instructions for the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Standard%20Appraisal%20Form%20236.6.3.1.docx Standard Appraisal Format] (Form 236.6.3.1) are the source for general appraisal guidance on all the formats. The following instructions are specific to the URAR Appraisal Format.<br /> <br /> Use of the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR] (Form 236.6.3.4) must be authorized by the approved Scope of Assignment and will be primarily intended for valuations for the acquisition of single-family residentially improved tracts that are total acquisitions or where the only remainder is a nominal uneconomic remnant. Applicability is restricted to situations in which the residential improvements clearly represent highest and best use.<br /> <br /> The appraiser shall adhere to the following instructions. The appraisal may be on a preprinted or computer-generated URAR form of a version currently used in appraisal practice. Harrison's Illustrated Guide to the Uniform Residential Appraisal Report may be used as an instruction for proper completion of the URAR, for items not specified in these instructions.<br /> <br /> There are a number of ownership items and appraisal problems frequently encountered in valuing acquisitions for transportation purposes, on which policies have been established by case law, management decision and precedent. These policies apply to all appraisal formats and are set out in [[#Other Appraisal Considerations|EPG 236.6.3.1D Other Appraisal Considerations]].<br /> <br /> ====236.6.3.4.1 Uniform Residential Appraisal Report and Addendum====<br /> <br /> See [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|EPG 236.6.3.1]] for the standard identification block.<br /> <br /> :'''1. Owner and Tenant Owner'''<br /> <br /> :Identify owner and tenant owner by address, phone number, etc.<br /> <br /> :'''2. Purpose of Appraisal'''<br /> <br /> :See [[#Purpose of Appraisal|Purpose of Appraisal]] for instructions.<br /> <br /> :'''3. Interest Appraised'''<br /> <br /> :See [[#Interest Appraised|Interest Appraised]] for instructions.<br /> <br /> :'''4. Scope of Work'''<br /> <br /> :See [[#Scope of Work|Scope of Work]] for instructions.<br /> <br /> :The Scope of Work for a URAR Appraisal Format is the same as that of a Standard Appraisal Format. However, due to the standardization and familiarity of the appraiser and the owner with appraisal of single-family homes, the required reporting level is reduced in the URAR report.<br /> <br /> :'''5. Identification of the Property'''<br /> <br /> :See [[#Identification of the Property|Identification of the Property]] for instructions.<br /> <br /> :'''6. History of the Property'''<br /> <br /> :See [[#History of the Property|History of the Property]] for instructions.<br /> <br /> :'''7. Description of Property Before Acquisition'''<br /> <br /> :See [[#Description of Property Before Acquisition|description of property before acquisition]] for instructions. For the URAR, only those elements that are not identified on the URAR valuation form need to be addressed here.<br /> <br /> ::'''A. Zoning:'''<br /> <br /> ::*Code<br /> ::*Category <br /> ::*Compliance<br /> ::*None<br /> <br /> ::'''B. Land:'''<br /> <br /> ::See [[#Description of Property Before Acquisition|land description]] for instructions.<br /> <br /> ::*Access Before Acquisition:<br /> ::*Utilities In Use Before Acquisition:<br /> ::*Utilities Available Before Acquisition:<br /> <br /> ::'''C. Fee Owned Improvements, Fixtures and Personalty:''' <br /> <br /> ::See [[#Description of Property Before Acquisition|EPG 236.6.3.1.7C]] and [[#Description of Property Before Acquisition|EPG 236.6.3.1.7D]] and [[#12. Personalty Items and Fixtures|EPG 236.6.3.1.19.D.12]] for instructions on Fee Owned Improvements, Fixtures and Personalty.<br /> <br /> ::'''D. Tenant Owned Improvements, Fixtures and Personalty'''<br /> <br /> ::See [[#Description of Property Before Acquisition|EPG 236.6.3.1.7C]] and [[#Description of Property Before Acquisition|EPG 236.6.3.1.7D]] and [[#12. Personalty Items and Fixtures|EPG 236.6.3.1.19.D.12]] for instructions on Tenant Owned Improvements, Fixtures and Personalty.<br /> <br /> ::A sign, billboard or other property owned by others, which the Fee Holder does not have a right or obligation to remove, must be identified and valued separately. See [[#Billboard|EPG 236.6.3.1.D2]].<br /> <br /> ::'''E. Other Appraisal Considerations:'''<br /> <br /> ::See [[#Other Appraisal Considerations|EPG 236.6.3.1.7D]] and [[#Description of Property After Acquisition|EPG 236.6.3.1.11A]] for additional information concerning Other Appraisal Considerations.<br /> <br /> :'''8. Estimate of Total Just Compensation'''<br /> <br /> :For the URAR format, attach a narrative explanation of the comparison of each comparable sale with the appraised property, and the adjustments implemented for each significant element of difference affecting value. An explanation shall be offered for each individual adjustment. Differences may be measured by either dollars or percentage.<br /> <br /> :Estimated Value Before Acquisition: $______________<br /> <br /> :Estimated Value After Acquisition: $______________<br /> <br /> :Indicated Just Compensation Due to Acquisition: $______________<br /> <br /> :'''9. Allocation of Just Compensation'''<br /> <br /> ::'''A. Fee Holder's Interest:'''<br /> <br /> :::'''1.''' Land Acquired: $______________<br /> <br /> :::'''2.''' Improvements, Fixtures and Personalty: $______________<br /> <br /> :::'''3.''' Total Land and Improvements, Fixtures and Personalty: $______________<br /> <br /> :::'''4.''' Damages to the Remainder: $______________<br /> <br /> :::'''5.''' Total Just Compensation Due Fee Holder: $______________<br /> <br /> ::'''B.''' Tenant Owner's Interest:'''<br /> <br /> :::'''1.''' Tenant Owned Improvements, Fixtures and Personalty: $______________<br /> <br /> :::'''2.''' Damage to Tenant Owned Improvements, Fixtures and Personalty:$______________<br /> <br /> :::'''3.''' Leasehold Interest: $______________<br /> <br /> :::'''4.''' Total Just Compensation Due Tenant Owner: $______________<br /> <br /> :'''10. Uneconomic Remnant'''<br /> <br /> :See [[#Uneconomic Remnant|EPG 236.6.3.1.17]] for instructions on Uneconomic Remnant.<br /> :Area ________________________ @ $__________________ = $_____________<br /> <br /> :'''11. Salvage Value'''<br /> <br /> :See [[#Salvage Value|EPG 236.6.3.1.18]] for instructions on Salvage Value.<br /> <br /> ::Improvement ______________________ Salvage Value $______________<br /> <br /> ::Improvement ______________________ Salvage Value $______________<br /> <br /> ::Total Salvage Value $______________<br /> <br /> :'''Required Attachments'''<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Contingent and Limiting Conditions] (Form 236.6.3.1A)<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1B)<br /> :*Site Plan<br /> :*Photographs<br /> :*Floor Plans of Acquired Residential Units and Structures with Internal Walls <br /> :*Comparable Sales and Map<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR Form] (Form 236.6.3.4)<br /> <br /> :'''Optional Attachments:'''<br /> :*Cover letters<br /> :*Tables of Contents<br /> :*Appraiser Qualifications<br /> :*Engagement Letter or Notice to Proceed<br /> :*Legal Instructions, if any shall be retained in the appraiser’s work file and not attached to valuation reports.<br /> <br /> ===236.6.3.5 Instructions for Preparing Sale Forms===<br /> <br /> Appraisers shall incorporate within the appraisal reports adequate sales and other supporting data to relay the necessary comparative information, by attachment of the sale data sheets, [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Form 236.6.3.5.A] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Form 236.6.3.5.B].<br /> <br /> The purpose of the sale forms is to provide sufficiently detailed information about transactions and the properties involved to allow the appraiser to make comparisons and value judgments, and to allow a reader to follow the reasoning and validate the comparisons. The forms provide blanks to be completed with information that tends to be common to all sales, but seldom are the completed blanks sufficient to furnish all information that should be included. Judgment from the appraiser is required even in this. Those significant characteristics of the sale property, and important details of the transactions should be included whether or not a specific blank is provided for the information.<br /> <br /> Use of sales that have improvements located on them as vacant land sales, when it has been confirmed that those improvements did not contribute to value, is acceptable provided that during the course of time that the sale is being relied upon, those improvements have not been rehabilitated for renewed use. Once it becomes apparent that an improvement, formerly concluded to have no contributory value, has been put back into productive use, a sale written to the contrary has lost much of its credibility and is not to be used as a comparable for land valuation.<br /> <br /> The [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1.B) indicates that an appraiser has inspected all sales considered in the valuation process; therefore, subsequent inspections by other appraisers need not be identified on the forms. It is recommended that for future court testimony, that each appraiser makes a personal record of the sale inspections in regard to each property appraised.<br /> <br /> '''A. Nonresidential Sale Form (Form 236.6.3.5.A)'''<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Sale Form 236.6.3.5A] is for reporting sales of all vacant or improved properties other than improved single-family residential properties, or where residential improvements do not represent the highest and best use.<br /> <br /> :'''Completion Of The Sale Form Entries'''<br /> <br /> :'''Selling Price:''' This entry should reflect the total selling price of the property, including land and all improvements, if any. If the price was confirmed in another manner or if other information about the sale price was revealed, a full explanation should be included elsewhere on the form.<br /> <br /> :'''Unit Price:''' Indicate the entire selling price including all land and/or land and improvements, divided by the site area, gross living area above ground level (for residential improvements), or gross building area of the main improvement, or explain if the amount was calculated in another method.<br /> <br /> :On the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Nonresidential Sale Form 236.6.3.5.A], indicate whether the price was confirmed as a price per unit or a total price.<br /> <br /> :'''Type of Transaction:''' Entries in this field should describe the relationship of the buyer and seller. Any entry other than &quot;Open Market&quot; must be fully explained.<br /> <br /> :'''Financing:''' If financed by a lender with a conventional loan, the word Conventional will satisfy this requirement. If seller-financed or if there is concessional financing of any kind, the rate and terms should be included. If other than Conventional, the form must report the type of instrument and terms known, and show calculations for the cash equivalent sale price, with indicated adjustment shown in the Financing Concession field of the Property Description Section.<br /> <br /> :Cash Equivalency must be calculated and used in direct comparison with subjects. Situations that may require cash equivalency adjustments include: mortgage assumptions at favorable rates, mortgage buy-downs, installment sale contracts, wraparound loans, points paid by seller, seller-financed loans, etc.<br /> <br /> :'''Site Dimensions:''' In regularly shaped parcels, the dimensions can be expressed as &quot;width X depth&quot;. When appropriate, the average width by the average depth is acceptable. A line drawing of the perimeter of the property may be necessary to fully communicate an understanding of the property layout.<br /> <br /> :*Site Area:<br /> :*Building Area:<br /> <br /> :'''Zoning:''' The code and category of zoning as of the date of sale should be stated (for example, C-2 Commercial District). If the property is nonconforming with the zoning, this should be explained in the text of the sale form. If closing of the sale was contingent upon a different zoning being granted, this entry should reflect the contingent zoning and the body of the sale should include an explanation of the circumstances surrounding the zoning change. Special zoning provisions or restrictions should be noted, such as minimum lot size or number of developed units allowed.<br /> <br /> :'''Zoning Compliance:''' Either state yes, or explain noncompliance.<br /> <br /> :'''Highest and Best Use:''' The following standardized entries should be used: Single-family Residential; Multi-family Residential; Commercial; Industrial or Agricultural. Standardization of broad categories of use under these headings facilitates data base entry and search functions. Frequently additional explanation of highest and best use in the text of the sale will be warranted.<br /> <br /> :'''Utilities In Use (At Time Of Sale):''' State what utilities are on site. &quot;All available&quot; or &quot;All in place&quot; are not acceptable entries. The use of initials, W, E, G, S as abbreviations for publicly provided water, electricity, natural gas, and sanitary sewer is suggested. Use of Deep Well, Shallow Well, and Septic is suggested for privately provided utilities that are in use on the property.<br /> <br /> :'''Utilities Available (At Time Of Sale):''' If a utility is not on the property but is close, or is available but not connected, state what is actually on the property as of the date of sale and explain in the depth that the circumstances demand.<br /> <br /> :'''Access (At Time of Sale):''' Report legal and physical points of access and entrances. Legal access represents a deeded or permitted access point to a property. Physical access merely reflects the presence of existing entrances, which may or may not be legal.<br /> <br /> :'''Identification of the Realty:''' Location information should be adequate to assist the reader in driving to the property<br /> <br /> :The real estate involved in the sale can be identified by an abbreviated property description, address, map reference, copy of a survey or map, property sketch and/or photographs or the like. Lengthy property descriptions should not be reiterated within the sale form, but rather copies of the title report or last deed of record should be reviewed by the appraiser and retained in the appraiser’s work file and or district sales data files.<br /> <br /> :A property description does not need to repeat the actual description on the deed, but must provide enough data to allow the reader to regenerate the perimeter of the property. If subdivision land, provide a cut or tracing of the subdivision plat or a drawing to allow subsequent users of the form to locate the lot.<br /> <br /> :Inclusion of a copy of the transfer document (e.g., deed, contract) in the report is neither required nor desirable, unless there is something in the document that is unusual or particularly revealing.<br /> <br /> :'''Sale Verification:''' All comparable sales used shall be confirmed by the buyer, seller, broker or other person having knowledge of the price, terms, and conditions of sale. This form and its contents may be used by various appraisers, without further verification subsequent to its original verification, providing the appraiser using the form also inspects the sale premises. Subsequent users of the sale assume responsibility for the correctness of information presented on the Sale Form. Telephone numbers of verifying parties are very desirable. Signature of verifying appraiser is not required. If confidential data is included with a sale confirmation, that sale information must be handled in a manner that the confidentiality is not violated.<br /> <br /> :In this section of the sale forms, include name of verifying appraiser and confirming party, company (if Realtor, lender, etc.) and position in company (broker, loan officer, agent etc.) If confirmation is by other than the buyer, seller, lender or real estate agent, identify relationship to the transaction. Values reported as a public record (example: Certification of Value in Metropolitan St. Louis and Jackson County) and MLS information are not acceptable without further verification.<br /> <br /> :It is the intention of this requirement that enough information be provided that the verification can be repeated for purposes of court testimony or review. For trial purposes, a party to the transaction could be interpreted differently. In this case, consult with legal staff for specific requirements. Any person testifying about the facts of the sale may be required to personally verify those facts.<br /> <br /> :'''Map Number:''' Map identification numbers in common local use may be entered as appropriate.<br /> <br /> :'''Property Description:''' On the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Nonresidential%20Sale%20Form%206.3.5A.docx Nonresidential Sale Form] (Form 236.6.3.5.A) indicate by subparagraphs description of land, description and type of improvements, if any, and any other data pertinent to analysis. Attach additional sheets if necessary.<br /> <br /> :Physical characteristics should be adequately explained to make comparison with those characteristics of subject properties being appraised. For analysis and valuation of properties subject to partial acquisitions, it is particularly important to note unusual features in sales, like building setback, frontage, depth, shape, access, entrances, etc.<br /> <br /> '''B. Residential Sale Form (Form 236.6.3.5.B)'''<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Sale Form 236.6.3.5.B] is used for reporting sales of improved single- family residential property, and the entry fields correspond with the URAR form as much as possible. For the standard entries see Paragraph A, above.<br /> <br /> :'''Property Description:''' On the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Residential%20Sale%20Form%206.3.5B.docx Residential Sale Form] (Form 236.6.3.5.B), the physical items of this section of the form are arranged in the same order as the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/URAR%20Form%206.3.4.docx URAR] (Form 236.6.3.4). Physical characteristics should be adequately explained to make comparison with those characteristics of subject properties being appraised.<br /> <br /> :'''Quality of Location:''' This entry should reflect the quality of location in factual terms. (Typical street, Dead-end road, Gravel road, Corner, etc.) Subjective terms (good, poor) might be used in addition to the factual data.<br /> <br /> :'''Site/View:''' The appraiser should indicate such site factors as size, shape, topography, drainage, encroachments, easements, view, landscaping, driveway, flood hazard, or any detrimental or unusually positive site conditions. For analysis and valuation of properties subject to partial acquisitions, it is particularly important to note unusual features in sales, like building setback, frontage, depth, shape, access and entrances.<br /> <br /> :'''Design (Style):''' Indicate the style of construction (ranch, bungalow, etc.). Also indicate such aspects as appeal of exterior design, interior attractiveness, special features, and any other characteristics that would make the property attractive or unattractive to purchasers and otherwise enhance or detract from its overall marketability. During the confirmation the appraiser should attempt to ascertain the above items.<br /> <br /> :'''Quality of Construction:''' An overall quality rating should consider the quality of materials and workmanship used in all components of the building.<br /> <br /> :'''Age:''' Indicate the estimated or actual age of the dwelling, at the time of sale. If a dwelling has been substantially modernized or upgraded, the effective age may also be indicated. Effective age estimation will require a comment describing the basis for assignment and the degree of modernization.<br /> <br /> :'''Condition:''' Indicate &quot;good&quot;, &quot;average&quot;, &quot;fair&quot; or &quot;poor&quot;. For purposes of comparison with subjects, items of curable and incurable deterioration are the sensitive elements in this consideration.<br /> <br /> :'''Basement/Finish:''' The appraiser should report basement improvements such as finished rooms and recreation rooms found in the sale. If there is no basement or only a partial basement, this should be indicated.<br /> <br /> :'''Functional Utility:''' This entry relates to the efficiency of a building's use and reflects such factors as layout, room size, and general livability. Trends in single-family home construction sometimes determine whether residences have such items as porches, balconies, fireplaces, separate dining rooms, large kitchens, entry halls, and family rooms. Standards for dwellings also vary widely with regard to income level of prospective tenants and location. When judging the functional utility of residential buildings, the appraiser should attempt to interpret the reaction of typical purchasers in the specific market area.<br /> <br /> ::'''Heating / Cooling:'''<br /> <br /> ::'''Energy Efficient Items:'''<br /> <br /> ::'''Garage / Carport:'''<br /> <br /> ::'''Porch / Patio / Deck:'''<br /> <br /> ::'''Other - kitchen equipment and remodeling:''' All kitchen equipment must be itemized.<br /> <br /> '''C. Comparable Lease Form (Form 236.6.3.5.C)'''<br /> <br /> [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Form 236.6.3.5. C] is provided for the reporting of comparable leases.<br /> <br /> '''D. Optional Sale Forms From Fee Appraisers'''<br /> <br /> To accommodate the efficient use of various fee appraisers’ sale databases, sale write-ups of other formats can be accepted. It is up to the assistant right of way manager – certified or other reviewer to accept, reject or request supplemental information regarding other sale forms.<br /> <br /> ===236.6.3.6 Access Rights Valuation===<br /> <br /> Appraisals of access rights will be made in conformity with the appropriate state laws, regulations and policies and procedures for acquisition and disposal of property. Refer to [[236.5 Property Management#236.5.28.3 Compensation for Changes in Access|EPG 236.5.28.3 Compensation for Changes in Access]]. [https://www.sos.mo.gov/pubs/constitution Article IV, Section 29] of the Missouri Constitution gives the Commission authority to limit access to, from, and across state highways where the public interest and safety may require.<br /> <br /> Article IV, Section 29 (Highways and Transportation) of the Missouri Constitution states: <br /> <br /> “The highways and transportation commission shall have authority over all state transportation programs and facilities as provided by law, including, but not limited to, bridges, highways, aviation, railroads, mass transportation, ports, and waterborne commerce, and shall have authority to limit access to, from and across state highways where the public interest and safety may require.”<br /> <br /> The Scope of Assignment will identify the anticipated minimum requirements for the appraisal format to be prepared, based on the anticipated value or complexity of the access rights to be valued.<br /> <br /> ===236.6.3.7 Realty Asset Valuation===<br /> <br /> Estimates and appraisals of realty assets will be made in conformity with the appropriate state laws, regulations and policies and procedures for acquisition and disposal of property set out in this chapter. The assistant right of way manager - certified will instruct the staff or fee appraiser on the minimum valuation documentation, based on the complexity of the appraisal problem and the anticipated value of the realty asset to be valued. See [[236.5 Property Management#236.5.9 Uneconomic Remnants|EPG 236.5.9 Uneconomic Remnants]] (in EPG 236.5 Property Management) for additional information on disposal of Realty Assets.<br /> <br /> Assistant right of way manager - certified or individual designated by the district right of way manager shall merely examine the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20for%20Realty%20Asset%20Inventory%20Form%206.3.7.A.dotx Realty Asset Inventory Estimate] (Form 236.6.3.7A) without need for co-signature. Assistant right of way manager – certified or individual designated by the district right of way manager is required to cosign the Realty Asset Estimate Less Than $25,000 (Form 236.6.3.7B) or substitute Value Statement Memorandum, with supporting documentation. [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Review and Approval of Just Compensation] (Form 236.6.4.3) accommodates the review and approval of the Realty Asset Appraisal (Form 236.6.3.7C).<br /> <br /> It is intended that realty asset parcels, or the potential to add value to abutters’ property, be valued to reflect their full potential as if marketed by any knowledgeable seller.<br /> <br /> '''Identification Of Asset Parcels:''' Parcel identification numbers will be established in the Realty Asset Inventory. The job number inserted is the job on which the land was originally acquired.<br /> <br /> '''Authority To Appraise Assets:''' An appraisal assignment to value a realty asset shall be authorized by the district right of way manager after a recommendation to sell has been made by the Asset Management Committee.<br /> <br /> An appraisal assignment to value a Capital Improvement property must be authorized by a letter from General Services Facilities Management, Central Office.<br /> <br /> '''Valuation Assumptions:''' All realty assets must be valued with the following assumptions<br /> <br /> *Highway Commission has full fee interest<br /> *Parcel can be developed or marketed for its highest and best use<br /> *Parcel will be marketed to a party expected to pay the full-appraised amount.<br /> <br /> '''Ownership Interest:''' The ownership interest of the Commission will be reported by a realty asset legal opinion memo. It is not necessary to have a final determination of ownership interest before completing the appraisal assignment.<br /> <br /> '''Valuation Documents:''' All proposed sales of realty assets require a valuation document by Form 236.6.3.7B or Form 236.6.3.7C. However, you may substitute Form 236.6.3.7B with a value statement on an Inter-Office Memorandum for parcels valued at less than $25,000. Support for the value must be included in the Inter-Office Memorandum. Adequate information must also be included to clearly demonstrate that assemblage parcels were valued using the appropriate &quot;Across-the-Fence&quot; valuation method. Realty assets are placed on the Realty Asset Inventory at the value indicated on [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20for%20Realty%20Asset%20Inventory%20Form%206.3.7.A.dotx Realty Asset Inventory Estimate] (Form 236.6.3.7A). Non-cash and other trades of realty assets require a valuation document for each component of the trade.<br /> <br /> '''Stand-Alone or Assemblage Determination:''' Parcels that are not easily distinguished between stand-alone or assemblage-use, require detailed analysis and explanation of zoning, setback, access and any issue that influences the conclusion.<br /> <br /> '''Realty Asset Valuation Instructions:''' District right of way shall authorize appropriate personnel to prepare the following valuations.<br /> <br /> :'''A. Valuation by Realty Asset Inventory Estimate'''<br /> <br /> :The valuation for purposes of placing the parcel in the Realty Asset Inventory is to be documented on the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Value%20for%20Realty%20Asset%20Inventory%20Form%206.3.7.A.dotx Realty Asset Inventory Estimate] (Form 236.6.3.7A). This form is designed to serve as a valuation tool for use when a recently identified or recently acquired parcel is being placed on the Realty Asset Inventory. An interested party is not identified, and marketing is not pending. If disposal is pending, use a realty asset estimate or appraisal form, Forms 236.6.3.7B (or substitute Value Statement Memorandum) or 236.6.3.7C, which will then also serve for the inventory estimate.<br /> <br /> :Preparers are expected to be one that might be assigned to prepare a cost estimate, Scope of Assignment, payment estimate, etc. This will serve as the inventory value estimate for all properties, regardless of value or complexity.<br /> <br /> :The assistant right of way manager - certified or designee shall determine the amount of documentation and exhibits necessary to support the inventory value, based on the complexity and value level. Use the minimum investment in time and documentation to establish a reasonable inventory value estimate.<br /> <br /> :'''B. Valuation by Realty Asset Estimate Less Than $25,000'''<br /> <br /> :Realty assets, with value less than approximately $25,000 will be documented by a Realty Asset Estimate Less than $25,000 (Form 236.6.3.7B) or substitute Value Statement Memorandum with supporting documentation. This form or memorandum is to serve as a valuation tool for disposal values when an interested party is identified or marketing is promoted internally. It will serve as the final valuation document for non-complex/low-value parcels up to a conclusion of $25,000. The document provides an adequate level of documentation in this value range only if the realty asset and its valuation is very simple.<br /> <br /> :Although valuations less than $25,000 may result in transfers to certain adjoining owners and others for a nominal consideration, completion of this form or substitute Value Statement Memorandum is the minimum reporting required for every disposal, with the following exception: if the Commission is conveying the property interest to the original owner for a $1 consideration AND the original owner is still the abutting land owner AND the property interest was originally donated to the Commission, an appraisal or valuation estimate is not required.<br /> <br /> :The preparer is expected to be one that might be assigned to prepare a cost estimate, payment estimate, or other noncomplex valuation.<br /> <br /> :'''Realty assets valuations dependent on consideration of use, zoning, access, utilities, etc. shall not be accomplished on this format.'''<br /> <br /> :'''C. Valuation by Realty Asset Appraisal'''<br /> <br /> :A Realty Asset Appraisal (Form 236.6.3.7C) will document realty asset values greater than approximately $25,000, or complex situations that result in values less than $25,000. This form is designed to serve as a valuation tool for disposal values when an interested party is identified or marketing is promoted internally. The district right of way manager or assistant right of way manager – certified will establish the minimum reporting criteria.<br /> <br /> ::'''1.''' Assignment criteria:<br /> <br /> ::*Low value &amp; simple assemblage or stand-alone. One sale, statement of highest and best use, value conclusion. (The content and reporting level of a Payment Estimate)<br /> ::*Medium value &amp; simple assemblage or stand-alone. More than one sale, explanation of highest and best use, comparison to comparables, value conclusion. ((The content and reporting level of a Value Finding)<br /> ::*High value, complex assemblage or stand-alone. Three land comparables, building valuation (assign applicable approaches), analysis of highest and best use, and direct comparison to sales, reconciliation and value conclusion. (The content and reporting level of a Standard Format)<br /> <br /> ::'''2.''' Stand Alone Parcels<br /> <br /> ::Parcels that are large enough and have physical characteristics that allow them to be developed to a freestanding use will be valued like any appraisal assignment if the anticipated value is greater than $25,000. The highest and best use will be determined, appropriate sales will be discovered and compared, and a value conclusion established.<br /> <br /> ::'''3.''' Assemblage Parcels<br /> <br /> ::The value sought is use value of a limited market property. Use value is value for assemblage, and reflects the highest and best use of the property(s) to which it might be assembled. The subject is considered a limited market property because of the small field of potential purchasers.<br /> <br /> ::The potential purchasers may consist of only one adjoining owner, whose use for the subject tract is typically only for assemblage purposes. Under these conditions the subject may take on the value characteristics of the overall tract to which it is to be assembled, or may contribute at a greater or lesser value than the overall unit value of the tract to which it is to be assembled. Such a value indication is typically unaffected by influences such as size, shape and limited access.<br /> <br /> ::If the ultimate assemblage changes the use potential of the requestor’s original property, the valuation should reflect the newly changed use.<br /> <br /> ::If the highest and best use is determined to be only as assemblage to adjoining property, the Highest and Best Use Analysis should address the use of the adjoining land and the comparable sales should be similar in use potential and other characteristics to the adjoining property. Under this circumstance, the realty asset parcel may take on the value characteristics of the larger parcel, and the question to be answered by the appraiser's analysis is whether it contributes at the average unit value, greater than or less than the average unit value of that larger parcel. The utility of the realty asset parcel should be judged as it contributes to the tract with which it would most likely be assembled.<br /> <br /> ::When the use is determined to be for assemblage, the size, shape, location, utility access, and in some cases, the physical characteristics (slope, grade, elevation, drainage, etc.) of the realty asset parcel are only important in relation to their contribution to the newly assembled property.<br /> <br /> ::Adjustment should not attempt to reflect an assemblage or &quot;one buyer&quot; effect on value.<br /> <br /> ===236.6.3.8 Maintenance Lot and Capital Improvement Valuation===<br /> <br /> Assignments to value future capital improvements will be authorized by the General Services Division, Facilities Management. <br /> <br /> The district right of way manager or assistant right of way manager - certified will determine the complexity of the appraisal problem and recommend either the [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|Standard Appraisal Format]] or the [[236.6 Appraisal and Appraisal Review#236.6.3.2 Value Finding Appraisal Format|Value Finding Appraisal Format]]. A [[236.6 Appraisal and Appraisal Review#236.6.2 Scope of Assignment|Scope of Assignment]] is not required but may be advisable on complex situations or with a fee appraiser assignment.<br /> <br /> Facilities Management will assign a project number, that should appear on the appraisal and all significant correspondence.<br /> <br /> When the acquisition represents the entire ownership, no special instructions apply.<br /> <br /> When the acquisition is only part of an ownership, the highest and best use analysis should be of the part being acquired.<br /> <br /> Appraisals will be prepared and reviewed consistent with property appraisal practice set out in this chapter. Complexity of the acquisition will determine the format and level of reporting required.<br /> <br /> A copy of the approved appraisal shall be sent to General Services Division, Facilities Management for final approval and funding, after which, Facilities Management will notify district right of way to proceed with negotiation to acquire the site. Any settlement above the approved appraisal amount shall be communicated to General Services Division, Facilities Management prior to finalizing the acquisition.<br /> <br /> ===236.6.3.9 Other Agency Valuations===<br /> <br /> The Department of the Interior, the Missouri Department of Natural Resources, and some other agencies adhere to the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA) while the Missouri Department of Transportation (MoDOT) instructions, approved by the Federal Highway Administration (FHWA), use the UASFLA as a guide. The Scope of Assignment preparer or the appraiser will need to determine the other agency’s requirements.<br /> <br /> The following instructions outline the items different from, or in excess of the MoDOT's instructions, which are required when doing appraisals for these or other agencies. This is only a general outline. Consult the Right of Way Section for current and complete instructions and requirements. Appraisals will be reviewed in the typical process using the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation Form (6.4.3)].<br /> <br /> See the [http://www.fhwa.dot.gov/modiv/index.htm FHWA Web site] for current requirements and guidance.<br /> <br /> ===236.6.3.10 Airport Valuation===<br /> <br /> Appraisals for airport projects and contracting to perform such services are under the specific guidelines of the [https://www.faa.gov/documentLibrary/media/Order/environmental_5100_37b.pdf Land Acquisition and Relocation Assistance For Airport Projects].<br /> <br /> These instructions are addressed to those staff and fee appraisers preparing and reviewing appraisals of partial and total acquisitions for airport development and expansion. Since the this article was primarily developed for acquisition of rights of way for highway projects, the terminology relates to highways. The same general appraisal principles apply to appraisals for airport projects, with the exceptions summarized here. The specific appraisal requirements are addressed in [https://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.current/documentNumber/150_5100-17 Circulars/150/5100-17 Chapter 2].<br /> <br /> :'''A. Formats Used'''<br /> <br /> :All Missouri Department of Transportation (MoDOT) valuation formats including [[236.6 Appraisal and Appraisal Review#236.6.3.3 Waiver Valuation|Waiver Valuation]] may be used in valuation for airport acquisition. The same measures of complexity as discussed in [[236.6 Appraisal and Appraisal Review#236.6.2.1 Scope of Assignment|EPG 236.6.2.1 Scope of Assignment]] will be applied to determine the appraisal format used. An official of the airport acquiring agency will have determined the complexity of appraisal problems prior to contracting, or assigning an appraisal and will indicate in the contract, or instructions, what formats are to be applied to the individual tract appraisals.<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 6.3.1A) and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 6.3.1B) may be used in valuation for airport acquisition.<br /> <br /> :'''B. Summary of Additional Airport Appraisal Requirements'''<br /> <br /> :The appraiser or waiver valuation preparer must be familiar with the additional valuation requirements specific to airport acquisition, which include but are not limited to:<br /> <br /> :*The property owner shall be invited to accompany the appraiser or Waiver Valuation preparer.<br /> :*There is no provision for separation of function for the same individual to prepare a Waiver Valuation and negotiation to acquire the property.<br /> :*There are non-compensable land costs that may be allowable for compensation under state law, that are non-compensable in acquisition for airports.<br /> :*There are specific instructions in the appraisal of avigation easements and noise avigation easements.<br /> <br /> :'''C. Right of Way Section Involvement in Scope of Assignment, Administrative Review and Administrative Settlement Review'''<br /> <br /> :To assure quality appraisals, waiver valuations and appraisal reviews, the Right of Way Section will support the Administrator of Aviation, Multimodal Operations Division with scope of assignment considerations and administrative review. When the airport sponsor has obtained a valuation and appraisal review for airport acquisition, it shall be delivered to the Administrator of Aviation and routed to the Right of Way Section for an administrative review. An administrative review is, at a minimum, a desk check of factual data and information presented in the valuation report, a determination that the report fulfills the requirements of this chapter, that the report addresses the special valuation considerations for valuation for airport purposes and provides a quality report with appropriate conclusions.<br /> <br /> ==236.6.4 Appraisal Review and Approval of Just Compensation==<br /> <br /> ===236.6.4.1 Purpose===<br /> <br /> Appraisal review is the act or process of developing and communicating an opinion about the quality of all or part of a completed work performed by another appraiser in a real property appraisal assignment. In performing an appraisal review assignment, an appraiser acting as a reviewer must develop and report a credible opinion as to the quality of another appraiser’s work and must clearly disclose the scope of work performed in the review assignment.<br /> <br /> The purpose of this article is to establish procedures and guidelines for the review of appraisal reports and approval of just compensation. The reviewer is responsible to assure that appraisal reports comply with instructions for preparing appraisals as set out in this manual, which incorporates requirements of Federal Highway Administration (FHWA), [https://www.fhwa.dot.gov/legsregs/directives/cfr23toc.htm 23 CFR] and [https://ecfr.io/Title-49/ 49 CFR], and [[#USPAP|USPAP]], and that they conform to [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Scope%20of%20Assignment%20Form%206.2.2.docx Scope of Assignment] requirements and recommendations.<br /> <br /> Occasionally reports are to be written and reviewed in conformance to other standards such as Uniform Appraisal Standards for Federal Land Acquisition (UASFLA) or [https://www.faa.gov/documentLibrary/media/Order/environmental_5100_37b.pdf Land Acquisition and Relocation Assistance for Airport Projects] and policies/advisory [https://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.current/documentNumber/150_5100-17 Circulars/150/5100-17 Chapter 2]. In these instances the reviewer is responsible to obtain the appropriate documents and follow their requirements in the review process.<br /> <br /> ===236.6.4.2 Assignment of Appraisal Review===<br /> <br /> Assistant right of way manager certified is the typical resource for review and approval of just compensation. District right of way managers and field liaison officers who are certified may also review and approve just compensation. A district right of way manager may designate any staff certified appraiser to review and approve just compensation.<br /> <br /> Commissioner and employee-owned property appraisals must be reviewed and approved by Right of Way Section personnel and by the FHWA (See [[236.3 Administration#236.3.4.9 Acquisition of Property from an Employee or a Commissioner of MHTC|EPG 236.3.4.9 Acquisition of Property from an Employee or a Commissioner of MHTC]]).<br /> <br /> ===236.6.4.3 Review and Approval of Appraisal Reports and Waiver Valuations===<br /> <br /> Review and approval of appraisals will be accomplished on a [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation] document (Form 236.6.4.3). Waiver Valuations will be co-signed by the individual inspecting the document.<br /> <br /> The reviewer is responsible to assure compliance with the Scope of Assignment and contract/agreement requirements. The review will verify that all appraisals are complete and correct regarding format utilized, design plans, mathematics, and Appraisal Formats and Instructions for Preparing Appraisal Reports, (See [[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions |EPG 236.6.3 Valuation Formats and Instructions]]). Appraisals must also be examined to determine consistency with other appraisals on the project, must utilize the proper number of appropriate sales, and contain appropriate exhibits.<br /> <br /> The amount of just compensation as established by the reviewer shall be subject to the approval of the Asst. to the State Design Engineer - Right of Way or the district engineer, as appropriate. In addition to above, the reviewer has the following responsibilities:<br /> <br /> :'''A.''' Field inspect each appraised parcel as well as each comparable sale used by the appraiser during the valuation process, when the acquisition and appraisal is of a complicated nature as to require an examination in the field to fully understand the appraisal problem.<br /> <br /> :On limited occasions a desk review of appraisals may be permissible. The reviewer must disclose on Form 236.6.4.3 if only a desk review is done.<br /> <br /> :'''B.''' Examine each appraisal report to determine that it:<br /> <br /> ::'''1.''' Is compiled in accordance with the Department's appraisal specifications, (See [[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions |EPG 236.6.3]], or other manuals that may apply. (Example: Federal Aviation Administration or Uniform Appraisal Standards for Federal Land Acquisition. See [[236.6 Appraisal and Appraisal Review#236.6.3.9 Other Agency Valuations|EPG 236.6.3.9]] and [[236.6 Appraisal and Appraisal Review#236.6.3.10 Airport Valuation|EPG 236.6.3.10]])<br /> <br /> ::'''2.''' Is compiled in accordance with accepted appraisal principles and techniques with regard to valuation of real property.<br /> <br /> ::'''3.''' Contains or makes reference to information necessary to explain, substantiate, and thereby document conclusions, estimates of value, or just compensation.<br /> <br /> ::'''4.''' Offers evidence to support adjustments of comparable sales and depreciation rates, when applicable, or as may be specified within the [[236.6 Appraisal and Appraisal Review#236.6.2 Scope of Assignment|Scope of Assignment]].<br /> <br /> ::'''5.''' Addresses all compensable items, damages, and special benefits, if any, and does not include compensation for items noncompensable under Missouri law.<br /> <br /> :'''C.''' When reviewing multiple appraisals on the same project or in the same area, be attentive to inconsistencies in analyses and conclusions which result in widely varying estimates of just compensation for similar acquisitions and/or damages, including unit values, percentage rates for easements, etc.<br /> <br /> :'''D.''' Request and obtain corrections, revisions, additions and/or clarifications to appraisal reports which do not substantially meet requirements set forth in [[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions|EPG 236.6.3 Valuation Formats and Instructions]]. Such corrections or revisions shall be attached to and become part of the appraisal report. Requests of an uncomplicated nature may be addressed directly to a staff or fee appraiser. Requests of a complex nature will be made in writing.<br /> <br /> :'''E.''' Complete all applicable portions of [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Form 236.6.4.3], allocating compensation between appropriate elements and parties, date and sign the document, thereby establishing and/or approving an amount, in dollars, which in the opinion of the reviewer represents the estimate of value or just compensation.<br /> <br /> :Such opinion will be supported by approval of the appraisal as submitted or as revised to include corrections, revisions, additions and/or clarifications requested and made part of the appraisal report. If reviewer approves a different value, support may come from data furnished in the appraisal report or be developed by the reviewer.<br /> <br /> :[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Approval of Just Compensation] (Form 236.6.4.3) may be subject to the future receipt of additions and clarification, which will be attached and made part of the appraisal report when received. Completion of the form should indicate what corrections; revisions additions and/or clarifications are being requested.<br /> <br /> :'''F.''' If the reviewer is unable to achieve resolution of the errors or deficiencies found in an appraisal report, the district right of way manager may authorize an additional appraisal of the parcel in question.<br /> <br /> :'''G.''' If a Right of Way Section reviewer performs the review, they shall provide the district one fully executed copy of Form 236.6.4.3.<br /> <br /> :'''H.''' Add addenda to previously submitted reports, maintain a log of appraisal and review activity, and answer correspondence.<br /> <br /> :'''I.''' Submit one copy of [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Forms 236.6.4.3] and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Adjustment%20of%20Value%20or%20Just%20Compensation%20Form%206.4.4.docx 236.6.4.4] to Right of Way Section. Copies of appraisals are not submitted to Right of Way Section.<br /> <br /> ===236.6.4.4 Adjustment of Value or Just Compensation===<br /> <br /> In some instances it is necessary to effect changes in previously approved values or just compensation. Occasionally, such revisions are so insignificant it isn't justified to assign an appraiser to realign previously approved appraisals with current conditions. Under such circumstances, the reviewer may adjust the approved offer for needed revisions by completing [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Adjustment%20of%20Value%20or%20Just%20Compensation%20Form%206.4.4.docx Adjustment of Value or Just Compensation] (Form 236.6.4.4) and forwarding one copy to the Right of Way Section.<br /> <br /> It is the intention of this document to provide means of correcting minor differences between previously approved amounts and prevailing conditions. Any revisions proposed by the use of Form 236.6.4.4 shall be of such nature that justification or support therefore may be abstracted from a previously approved appraisal reports. If there is any impact on highest and best use or any other appraisal consideration, the problem should not be handled by a Form 236.6.4.4.<br /> <br /> Assistant right of way manager - certified or individuals familiar with the project and appraisals may be designated by the district right of way manager to prepare and sign the Form 236.6.4.4, providing adequate explanation and support for the necessary adjustment.<br /> <br /> ===236.6.4.5 Review of Specialty Appraisal Reports for Equipment or Specialty Items===<br /> <br /> :'''A.''' The review of separate valuations of machinery, equipment, trade fixtures, or other specialty items, carries the following responsibilities:<br /> <br /> ::'''1.''' Field inspect appraised items and then examine each appraisal report to determine that it contains:<br /> :::*statement of purpose of report.<br /> :::*definition of value(s) reported, i.e., in-place value, salvage value, etc.<br /> :::*identification of property and its ownership of record.<br /> :::*statement of appropriate contingent and limiting conditions, if any.<br /> :::*identification of the value problem.<br /> :::*an estimate of values.<br /> :::*accepted principles and techniques for the valuation of the subject of the report.<br /> :::*consideration of compensable items and that report does not include compensation for noncompensable losses.<br /> :::*data and analysis to explain, substantiate, and thereby document estimate of values.<br /> :::*date of inspection and effective date of value. <br /> :::*route, county, project number, job number, parcel number, certification, signature and date of signature of Specialty Appraiser.<br /> :::*photographs and any other necessary descriptive material.<br /> <br /> ::'''2.''' Request and obtain corrections or revisions of specialty appraisal reports which do not substantially meet above criteria.<br /> <br /> ==236.6.5 Contracting with Fee Appraisers==<br /> <br /> ===236.6.5.1 Qualifications for Realty Appraisers===<br /> <br /> Real estate appraisers employed under contract by the Missouri Department of Transportation (MoDOT) shall be State certified and in good standing with the Missouri Real Estate Appraisers Commission, must enjoy a good professional reputation, and must be able to provide acceptable evidence of specific appraisal experience in the type of property that is to be appraised of adequate complexity to demonstrate the applicant’s level of competency and ability to perform.<br /> <br /> ===236.6.5.2 Qualifications for Specialty Appraisers===<br /> <br /> From time to time, it is necessary to contract for the services of individuals or companies who are well qualified to evaluate machinery, equipment, or other specialty items. Specialists performing services of this nature may be members of appraisal or engineering firms whose principal occupation is the appraisal of specialty items, contractors who are engaged in the installation of such items or equipment, suppliers, or dealers who are familiar with the valuation of given specialty items or equipment. All persons performing such services shall be fully qualified to offer an opinion of value in addition to being capable of submitting written information which is essential to explain, substantiate, and thereby document their opinions in accordance with accepted appraisal principles and techniques.<br /> <br /> ===236.6.5.3 Application for Employment as Contract Appraiser===<br /> <br /> All contract appraisers not previously approved by Right of Way Section who are desirous of contracting appraisal work must submit an [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Application%20for%20Employment%20Contract%20Appraiser%20Form%206.5.3.pdf Application for Employment] (Form 236.6.5.3) as a contract appraiser. District right of way shall perform an investigation to determine the qualifications and abilities of the applicant and the appraiser’s general reputation within the profession. All references shown on the application shall be contacted in person or by telephone. All applicants must be recommended by at least two references. After the investigation is completed and the district right of way manager is satisfied with the applicant's qualifications, the district shall transmit to Right of Way Section its recommendation together with one copy of the application, one copy each of two dissimilar appraisal reports, and such other exhibits considered pertinent to the approval process. The Right of Way Section will review the application material to determine the applicant's qualifications. The Right of Way Section will advise the district in writing, if an applicant is approved for<br /> <br /> :*all types of appraisal assignments<br /> :*limited appraisal assignments<br /> :*specialty appraisal work<br /> :*review appraisal work<br /> :*is rejected for lack of qualifications or other causes.<br /> <br /> '''Notice of Approval or Rejection of Application'''<br /> <br /> The Right of Way Section shall notify the appraiser of approval. The Asst. to the State Design Engineer - Right of Way, if necessary, shall send a rejection notice to the applicant. With notice of approval, the appraiser shall be advised how to access the MoDOT electronic manuals.<br /> &lt;div id=&quot;Duration of Approval of Fee Appraisers on the Roster of Approved Appraisers/Reviewers&quot;&gt;&lt;/div&gt;<br /> '''Duration of Approval of Fee Appraisers on the Roster of Approved Appraisers/Reviewers'''<br /> <br /> Duration of approval on the Roster of Fee Appraiser/Reviewers is three years. A renewal application will be sent to each appraiser/reviewer prior to their three-year expiration date as contained in MoDOT’s database. The renewal application will seek to determine the applicants desire to remain on the list and also to capture updated information including address, phone numbers, email addresses and areas of the state the applicant is interested in performing work. If you have any questions you can contact the Right of Way Section of MoDOT's Design Division.<br /> <br /> ===236.6.5.4 Roster of Approved Contract Appraisers===<br /> <br /> A [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Roster of Approved Contract Appraisers] shall be maintained by the Right of Way Section in an electronic database, listing all approved contract appraisers, and indicating the types of appraisal assignments for which each appraiser is approved.<br /> <br /> Sample reports submitted by rejected applicants will be retained, at least those sections that contributed to the rejection.<br /> <br /> ===236.6.5.5 Employment of Contract Appraisers===<br /> <br /> All contracts for appraisal or appraisal review services shall comply with statutory, MoDOT and E-Verify requirements when applicable. Please refer to [[236.3 Administration#236.3.11 Contracting with MoDOT and E-Verify Requirements|EPG 236.3.11 Contracting with MoDOT and E-Verify Requirements]] for more information.<br /> <br /> District right of way is authorized to negotiate or seek proposals for fee appraisal services as needed. The availability of qualified contract appraisers varies by location time period and current economic circumstances. MoDOT policy provides for both the solicitation of [[#236.6.5.8 Competitive Proposals for Contract Realty Appraisals|competitive proposals]] and for [[236.6 Appraisal and Appraisal Review#236.6.5.9 Non-Competitive Proposals for Contract Realty Appraisals|non-competitive or negotiated contracting]] (see EPG 236.6.5.9). The availability of qualified appraisers and project time constraints may determine the bid process that will be followed.<br /> <br /> ===236.6.5.6 Selecting Prospective Contract Appraisers===<br /> <br /> District right of way may select currently approved appraisers from whom proposals are to be solicited. Every effort shall be made to select the most qualified appraisers available for the particular assignments. Consideration should be given to anticipated appraisal problems, experience, past performance, pending appraisal contracts, etc. The district shall contact by letter, telephone, or in person each of the selected appraisers to learn if they are interested in submitting proposals for the required work. All contacts by telephone or in person shall be documented in the district file to show party contacted, date of contact, a brief summary of the conversation and the conclusion of competitive or non-competitive contracting.<br /> <br /> ===236.6.5.7 Preparation of Proposals and Submission to Appraisers===<br /> <br /> The appraiser will be provided a copy of the Proposal for Appraisal Work (CCO RW 16), Appraisal Agreement (CCO RW 17), [[#236.6.2 Scope of Assignment |EPG 236.6.2 Scope of Assignment]] and project plans. (Forms RW16 and RW17 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]). The Scope of Assignment shall identify the required formats and approaches to value, before and after valuation if required, and any other requirements to communicate the scope of the assignment.<br /> <br /> The fee appraiser shall be provided with and advised to become familiar with:<br /> <br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3 Valuation Formats and Instructions|Current format instructions]] (see EPG 236.6.3),<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 236.6.3.1.A),<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser Form] (Form 236.6.3.1.B),<br /> :*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Summary%20of%20Tenant%20Interests%20Form%206.3.1C.pdf Tenant Summary] (Form 236.6.3.1.C),<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|Other Appraisal Considerations]] (EPG 236.6.3.1.D),<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.5 Instructions for Preparing Sale Forms |Instructions for Preparing Sale Forms]] (EPG 236.6.3.5).<br /> <br /> As appropriate, the appraiser shall also be provided with the following information.<br /> <br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.6 Access Rights Valuation|Valuation of Access Rights]] (EPG 236.6.3.6)<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.7 Realty Asset Valuation|Valuation of Realty Assets]] (EPG 236.6.3.7)<br /> :*[[#236.6.3.8 Maintenance Lot and Capital Improvement Valuation|Instructions for Preparing Appraisal for Maintenance Lot and Capital Improvement Acquisitions]] (EPG 236.6.3.8)<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.9 Other Agency Valuations|Instructions for Preparing Appraisal for Other Agencies]] (EPG 236.6.3.9)<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.3.10 Airport Valuation|Instructions for Preparing Airport Appraisals]] (EPG 236.6.3.10)<br /> :*[[236.6 Appraisal and Appraisal Review#236.6.4 Appraisal Review and Approval of Just Compensation|Review and Approval of Appraisal Reports]] (EPG 236.6.4)<br /> <br /> Each prospective appraiser must be completely familiar with all aspects of proposed appraisal assignment. A member of the district right of way staff shall be available to accompany prospective appraisers during a field review of each parcel if requested, in order to acquaint them with project plans, rights to be appraised, and any unusual appraisal problems that may be encountered. It should also be clearly understood that the appraisers will or will not value items of equipment or machinery which are considered realty but offer minimal contributory value to the property. Should any parcel contain equipment or machinery, requiring the services of a specialty appraiser, the prospective real estate appraiser shall be advised that a copy of the specialty appraisal will be furnished for inclusion within the real estate appraisal report.<br /> <br /> In some instances, as provided by the contract, the appraiser shall furnish a contractor's estimate of cost to cure items, replacement costs of unusual structural improvements, sewer systems, etc. Contractors or specialists employed by the appraiser to perform such services must be approved in writing by the district engineer.<br /> <br /> '''NOTE:''' A contractor shall not be approved to perform identical services for two appraisers when both are appraising the same parcel.<br /> <br /> The appraiser shall be requested to submit proposal(s) setting forth fees for each individual parcel.<br /> <br /> ===236.6.5.8 Competitive Proposals for Contract Realty Appraisals===<br /> <br /> When the competitive proposal process for contracting realty appraisals is utilized, the district shall make a reasonable effort to secure proposals from those approved appraisers who have demonstrated expertise to accomplish the proposed appraisal assignments, by notification of a pending project requiring the services of fee appraisers.<br /> <br /> It should be noted that appraisal contracts are to be awarded to the lowest and best bid. The term &quot;lowest&quot; pertains strictly to the dollar amount of the proposal. The term &quot;best&quot; takes into consideration the issue of timeliness, or delivery date, the comparative level of experience of the bidders, and also the past records of individuals with respect to quality of work product and adherence to contractual requirements and deadlines. In other words, though important, mere submission of the lowest cost proposal will not, in and of itself, assure that bidder of being awarded a particular contract.<br /> <br /> Projects or sections thereof containing parcels that require only one appraisal shall be awarded to the lowest and best bid.<br /> <br /> Projects or sections thereof containing fee holds requiring two appraisals shall be awarded to the two bids that are considered lowest and best.<br /> <br /> :'''A. Proposals From Contract Appraisers'''<br /> <br /> :Proposal for Appraisal (CCO Form RW 16) (Form RW16 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) work shall be used by the appraisers for submission of their proposals. The district shall complete all portions of proposal except fees, date, and signature of appraiser. An envelope directed to district right of way shall be provided with a notation prominently displayed ''&quot;Proposed Appraisal Fees - Do Not Open.&quot;'' One copy of each proposal together with the envelope shall be given to each appraiser. Every appraiser should be admonished not to add or delete any terms or conditions or amend the proposal in any way. Altered or amended proposals will be rejected at the time of opening.<br /> <br /> :The district right of way manager may arrange with the prospective appraiser for electronic submissions of proposals directly to the district support services manager. Faxed submissions of proposals shall not be accepted because confidentiality cannot be maintained.<br /> <br /> :All proposals received at by district right of way shall be retained by the district support services manager until time of opening.<br /> <br /> :'''B. Opening Of Proposals, Checking Tabulations And Preparing Contract'''<br /> <br /> :District right of way personnel and/or the district administrative services supervisor shall open all proposals at the prescribed time. Personnel supervising the opening shall publicly announce to all in attendance the amounts recited in each proposal.<br /> <br /> :Right of way personnel shall subsequently check the tabulations for accuracy and then compare the results. If the total amount shown in the lowest and best proposal is acceptable, the district may prepare an appraisal contract in favor of the party submitting such proposal. Contracts must contain the same provisions as proposal. District right of way shall then submit to the district engineer three copies of appraisal contracts as executed by the selected bidders and one copy of proposal as received from each bidder. The District engineer shall review subject data and cause the contract to be approved or rejected.<br /> <br /> :If the lowest and best proposal is found unacceptable, the district has the option to proceed with the lowest and best bid or reject all proposals and re-solicit in an effort to secure more acceptable appraisal fees.<br /> <br /> ===236.6.5.9 Non-Competitive Proposals for Contract Realty Appraisals===<br /> <br /> The district shall select appraisers from the current roster of approved appraisers. Every effort shall be made to select the most qualified appraisers available for the particular job. Consideration should be given to anticipated appraisal problems, talents, skills possessed by the individual, appraiser's past performance, pending appraisal contracts, etc. District personnel shall contact the selected appraiser to determine their availability to complete the work within a specified time.<br /> <br /> All contacts shall be documented in the district file to show party contacted, date of contact, and brief summary of the conversation. Each prospective appraiser must be made completely familiar with all provisions of the appraisal contract, appropriate instructions for preparing appraisals, and any other requirements necessary for the completion of the appraisal assignment.<br /> &lt;div id=&quot;After the appraiser has been made aware&quot;&gt;&lt;/div&gt;<br /> After the appraiser has been made aware of all facts regarding the prospective appraisal assignment, the district shall request a proposal setting forth a fee for each parcel by preparing a Proposal for Appraisal Work (use Form CCO RW 16, which is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) for execution by the District Engineer. <br /> <br /> The proposal must be dated, signed, and submitted to district right of way.<br /> <br /> The district right of way manager or a designated representative shall review each proposal to determine if reasonable fees are being proposed. Should it be determined that the proposed fees appear excessive, the district right of way manager or designee shall negotiate with the appraiser in an effort to achieve acceptable fees. In the event negotiations fail to produce acceptable fees, the district has the option to negotiate with another appraiser or initiate the competitive bid process.<br /> <br /> When acceptable fees are reached, the district may prepare an appraisal contract in favor of contract appraiser for execution by the district engineer. The district engineer shall review subject data and cause contract to be approved or rejected. The contract must contain the same provisions as the proposal, such as, authorization to estimate contributory value to unaffected improvements, furnishing specialty appraisal for inclusion in realty appraisal report, etc.<br /> <br /> One copy of the fully executed appraisal contract shall be sent to the Right of Way Section and a copy retained in the district files. The third copy is to be given to the contract appraiser, together with a current set of highway plans and such other data necessary to fulfill the contract. At that time, the appraiser shall also be given a written notice to proceed, stipulating the date on which he/she may begin working on the project.<br /> <br /> ===236.6.5.10 Contracting Specialty Appraisals===<br /> <br /> Persons or firms offering such services may be so limited that competition is nonexistent. If, however, there is a competitive market, proposals shall be solicited in the same manner as defined for realty appraisals. When open competition does not exist, the district shall contact available specialty appraisers for the purpose of soliciting proposals for the appraisal of machinery, equipment, trade fixtures, or other specialty items.<br /> <br /> Being listed on MoDOT’s current Roster of Approved Appraisers is not required. Every effort shall be made to secure the most qualified person for the proposed assignment.<br /> <br /> District personnel shall be available to accompany the prospective appraiser in the field review of items to be appraised and to explain the specifications and requirements of the contract, completion time, etc. After being made fully aware of all requirements, the prospective appraiser shall submit to the district a statement setting forth a proposed fee for the specialty items of each parcel. District personnel shall review the proposal and if acceptable, prepare and submit to the appraiser a Specialty Appraisal Contract. The contract must contain the same provisions as the proposal that was submitted. Upon return of the executed contract from the appraiser, district right of way shall then submit to the district engineer three copies of the contract, as executed by the appraiser. The district engineer shall review subject data and cause the contract to be approved or rejected.<br /> <br /> ===236.6.5.11 Supplemental Appraisal Contracts===<br /> <br /> Subsequent to the submission and/or acceptance of fee appraisals, it sometimes becomes necessary, due to plan changes or time lapse, to request reappraisals or updates. If such services are required, they are to be secured in cooperation with the fee appraiser by processing a supplemental appraisal Supplemental Appraisal Agreement (CCO Contract RW 18). (Form RW is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].)<br /> <br /> ===236.6.5.12 Distribution of Fully Executed Appraisal Contracts===<br /> <br /> One copy of the fully executed appraisal contract shall be sent to the Right of Way Section. One copy must be retained in the district file and the third copy is to be given to the contract appraiser together with a current set of highway plans and other data necessary to accomplish the contract. At that time the appraiser shall also be given a written notice to proceed, stipulating the date on which the appraiser may begin working on the project.<br /> <br /> ===236.6.5.13 Fee Appraiser Performance Evaluation===<br /> <br /> The fee appraiser is to be made aware that their overall performance will be carefully evaluated and that failure to perform at an acceptable level can result in their removal from MoDOT’s list of approved appraisers. The appraiser must be rated after completion of each contract on which shortcomings or problems arose in the contract experience. The object of this evaluation is to document less-than satisfactory performance, not continually attempt to rate consistent satisfactory performance.<br /> <br /> For the evaluation process to be meaningful all answers must accurately reflect the conclusions of the person completing the form, based on a thorough analysis of the fee appraiser's performance on that specific contract.<br /> <br /> Some questions may require more than a simple yes or no answer. If that is the case the comments should be written on a separate page and attached to the evaluation report.<br /> <br /> Properly used the [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Fee%20Appraiser%20Performance%20Evaluation%20Form%206.5.13.pdf Fee Appraiser Performance Evaluation] (Form 6.5.13) can be of considerable value to MoDOT in effectively managing contract appraisal work. It is intended to serve as the documentary basis for the retention or dismissal of fee appraisers. If an appraiser is to be removed from the roster of approved appraisers based on poor performance they must be notified in writing by the Asst. to the State Design Engineer - Right of Way.<br /> <br /> The Fee Appraiser Performance Evaluation is strictly for MoDOT’s internal use and is not to be given to fee appraisers.<br /> <br /> :'''A. Distribution Of Evaluation Form:'''<br /> <br /> :Upon completion of the Fee Appraiser Performance Evaluation, it is to be signed by the reviewer or district right of way manager, and a copy provided to the Right of Way Section.<br /> <br /> :The evaluation form will be retained in the fee appraiser's permanent file in the Division office.<br /> <br /> :'''B. Notification To Fee Appraiser Of Unsatisfactory Performance'''<br /> <br /> :If it is concluded by both district and Division reviewers that the appraiser’s work falls below an acceptable level in terms of quality and/or timeliness, a letter signed by the Asst. to the State Design Engineer - Right of Way shall be mailed to the contract appraiser advising that performance was found to be unsatisfactory. A copy of this letter is to be maintained in the appraiser's permanent file at Right of Way Section.<br /> <br /> :Suggested language for this is: “Attached please find a Fee Appraiser Performance Evaluation that has been completed as a result of your appraisal contract and activity on _______________. This is your notice of unsatisfactory performance in the completion of that contract. This evaluation will be kept as part of your permanent file.”<br /> <br /> :'''C. Notification To Fee Appraiser Of Removal From Roster Of Approved Contract Appraisers'''<br /> <br /> ::'''1.''' Removal from Roster After Unsatisfactory Performance<br /> <br /> ::If, after receiving a letter notification of unsatisfactory performance, the appraiser’s work on a subsequent contract results in an evaluation with a recommendation of unsatisfactory performance or removal from the Roster of Approved Appraisers a letter signed by the Asst. to the State Design Engineer - Right of Way shall be mailed to the contract appraiser advising that they have been removed from the Roster of Approved Appraisers in accordance with MoDOT policy.<br /> <br /> ::'''2.''' Removal From Roster After First Contract<br /> <br /> ::Special circumstances may warrant a recommendation for the removal of an appraiser from the Roster of Approved Contract Appraisers as a result of the first evaluation. In such case the appraiser may be notified of removal without prior notification of unsatisfactory performance.<br /> <br /> ::'''3.''' Concurrence From Chief Counsel on Removal From Roster<br /> <br /> ::Consideration should be given to the appraiser's involvement with other districts and LPAs as well as the disposition of cases where the appraiser might be expected to be a witness when determining the timing of removal from the Roster of Approved Contract Appraisers.<br /> <br /> ==236.6.6 Appraisal Agreements==<br /> <br /> ===236.6.6.1 Appraisal Agreement===<br /> <br /> All fee appraisers performing appraisal work for MoDOT shall do so by authority of a contractual agreement. An Appraisal Agreement (CCO RW17) (Form RW17 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) is available. District right of way managers shall assure that each agreement contains: name and address of appraiser, parcel number for each parcel to be appraised, route, project, county, number of calendar days in which to complete the contractual work, a specific appraisal fee for each parcel, the personal services of given individual, signature of appraiser, and date appraiser signed proposed agreement. Appraisal agreements with companies, firms, or corporate entities shall designate a given individual who shall perform the valuation services. All appraisal agreements with companies, firms or corporate entities shall be executed by an officer of such entity and the individual identified as the individual who shall be performing the valuation service. Each appraisal agreement shall contain all appropriate attachments (see list at [[236.6 Appraisal and Appraisal Review#236.6.5.7 Preparation of Proposals and Submission to Appraisers |EPG 236.6.5.7]]).<br /> <br /> ===236.6.6.2 Supplemental Appraisal Agreement===<br /> <br /> A copy of the Commission's Supplemental Appraisal Agreement (CCO RW 18) (Form RW18 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements])is available. This document is designed to minimize administrative efforts when it becomes necessary to add additional parcels to the original Appraisal Agreement, reappraise certain parcels, update, or secure addenda to the original appraisal reports.<br /> <br /> The Supplemental Appraisal Agreement refers to specifications as recited in original Appraisal Agreement so it becomes imperative that such requirements and specifications are effective at the date &quot;new&quot; parcels are added to the original agreement. New parcels shall be construed to mean tracts not previously appraised or formerly appraised parcels where the plan or ownership revisions are so acute as to nullify the original appraisal report. Updating or addenda to the original appraisals shall not be subject to subsequently revised appraisal specifications.<br /> <br /> Supplemental Appraisal Agreements shall contain: name, signature, date of signature by appraisal contractor (signature must be exactly the same as shown in original agreement), contractor's address, date of original agreement, route, project, and county. Supplemental Appraisal Agreements shall also recite parcel numbers, type of appraisal data designated, such as appraisal, update, addendum, etc., and the fee to be paid for each parcel. When adding &quot;new&quot; or additional tracts to original Appraisal Agreement, the supplement must specify type of appraisal format required and approaches to value concurrent with standard appraisal format. Also a calendar period or time frame in which the work is to be completed must be specified.<br /> <br /> Three copies of Supplemental Appraisal Agreement, as signed by the proposed contractor shall be submitted to the district engineer. The district engineer shall review all contents of proposed Supplemental Appraisal Agreement and subsequently approve or reject the proposal. Should the Supplemental Agreement be approved as submitted, the district engineer will execute the documents. One fully executed copy shall be returned to the contractor, one copy shall be retained in district right of way and one shall be submitted to the Right of Way Section.<br /> <br /> ===236.6.6.3 Specialty Appraisal Agreement===<br /> <br /> The Specialty Appraisal Agreement shall be employed when it becomes necessary to contract for the services of specialty appraisers. Such specialized services may become necessary when evaluating machinery, equipment, and appurtenances situated within or upon premises being appraised by real estate appraisers.<br /> <br /> The district right of way manager shall assure that each proposed agreement contains: name and address of contractor, number of calendar days in which work shall be completed, route, project, county, tract number or numbers, owner's name, and fee to be paid for each parcel. The agreement shall include an appropriate [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1B). The proposed agreement shall also recite the individual's name that shall perform the valuation services, contractor's signature, the state in which incorporated (if corporate entity), and the date of execution by the contractor.<br /> <br /> Three copies of Specialty Appraisal Agreement, as signed by the proposed contractor shall be submitted to the district engineer. The district engineer shall review all contents of proposed Specialty Appraisal Agreement and subsequently approve or reject the proposal. Should the Specialty Appraisal Agreement be approved as submitted, the district engineer will execute the documents. One fully executed copy shall be returned to the contractor, one copy shall be retained in the district right of way and one shall be submitted to the Right of Way Section.<br /> <br /> ==236.6.7 Highway Beautification Program Billboard Valuation==<br /> <br /> ===236.6.7.1 General===<br /> <br /> Statutes of State of Missouri provide the Commission with authority to acquire certain off-premise outdoor advertising signs and junkyards without an associated acquisition project. Such authority is provided for the purpose of controlling signs adjacent to the [https://www.modot.org/media/14052 National Highway System] to promote highway safety, convenience and enjoyment of highway travel, and to preserve the national scenic beauty of highways and adjacent areas. As this program is executed, it will become necessary to appraise certain realty rights sought by the Highways and Transportation Commission.<br /> <br /> ===236.6.7.2 Appraisal Format for Billboards and Sites===<br /> <br /> Use the [[236.6 Appraisal and Appraisal Review#236.6.3.1 Standard Appraisal Format|Standard Format Appraisal]] and see [[#Billboard|EPG 236.6.1.D. 2, Billboard Valuation]] for instructions. Each appraisal report shall have attached [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Assumptions%20and%20Limiting%20Conditions%20Form%206.3.1A.pdf Assumptions and Limiting Conditions] (Form 236.6.3.1.A) and [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Certificate%20of%20Appraiser%20Form%20236.6.3.1B.pdf Certificate of Appraiser] (Form 236.6.3.1.B).<br /> <br /> If a scenic easement is to be acquired, Scenic Easement, Form CCO RW 6 (Form RW6 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]) for the terms and conditions that will be applied to the property and determine value accordingly.<br /> <br /> Valuation for sign site shall be determined by capitalizing economic rent. Such rents may be estimated from three comparably leased premises. Use [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Comparable%20Lease%20Form%206.3.5C.docx Comparable Lease] (Form 236.6.3.5.C) to indicate pertinent leasing data.<br /> <br /> ===236.6.7.3 Specialized Services and/or Estimates===<br /> <br /> During the appraisal of certain signs, it may become advantageous to secure the services of specialized personnel or companies to advise as to cost of such items as electrical systems, unusual pictorial art, etc. Should the need for such services arise, the district right of way manager or their designee may inquire of two companies offering such services in an effort to determine approximate fees for the desired information. The district right of way manager shall then submit such proposals to the Right of Way Section for approval or rejection. Subsequently acquired cost data shall be reviewed by assistant right of way manager - certified, and if found acceptable, submitted to an appraiser for analysis and incorporation into appraisal document to the extent deemed appropriate by the appraiser.<br /> <br /> [[category:236 Right of Way|236.06]]</div>

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