CCG2 Project Scope_Section 08_ROW_IR Draft2.docxCCG2 Project Scope_Section 08_ROW_IR Draft.docx

8RIGHT-OF-WAY

8.1GENERAL

Appendix RW-01 (Right-of-Way Map) indicates the existing Right-of-Way lines and those parcels being acquired for the Project. The Right-of-Way Map also indicates permanent and/or temporary easements being acquired by the Department for the Project. The Developer shall not enter into negotiations for purchase of any property or property rights identified within the Right-of-Way Map. Right of possession of the Site and the improvements made thereon by the Developer shall remain at all times with the Department. The Developer’s right to entry and use of the Site arises solely from permission granted by the Department under the Contract.

The Developer will be provided access to each parcel identified in the Right-of-Way Mapas the parcel is cleared. The Department will provide written notification to the Developer of the availability of each required parcel and notify the Developer of any access restrictions that may be applicable. The Developer shall not be allowed access to any parcel until written notification is provided by the Department.The status of each parcel is indicated in Appendix RW-02 (Right-of-Way Status Chart). Additional requirements and information for specific parcels are included in the Right-of-Way Status Chart.

The Departmentwill provide an acquisition status report at the time of NTP. In addition, the Departmentwill provide the Developer with monthly reports regarding the status of the acquisition process for parcels for which access was not provided at the time of NTP.

8.1.1No-Build and Restricted-Build Zones

No-build zones and restricted-build zones are identified in the Right-of-Way Map and listed in Appendix RW-03 (No-Build and Restricted-Build Zone Chart).Appendix RW-03 identifies restrictions associated with each no-build or restricted-build zone. The Developershall not store materials or equipment within no-build or restricted-build zones without prior written Approval from the Department.

8.1.2Temporary Easements

Temporary easements being acquired by the Department for the Project are to be used for bridge and building demolition only, as described in Appendix RW-06 (Right-of-Way Tracing Legal Descriptions). The Developer will be provided access to the temporary easements for a six-month duration, beginning on the date on which physical Work commences within the temporary easement site. The Developer shall provide written notice to the Department indicating the Day the Developer will commence Work within a temporary easement. The Developer will not be granted access to perform Work within a temporary easement prior to the date indicated by the Developer’s written notice. Availability dates listed in the Right-of-Way Status Chart for temporary easements are subject to the access date indicated by the Developer. All Work that necessitates the use of the temporary easements shall be completed within the six-month duration. The Developer will not be granted access to the temporary easement sites after the six-month duration.

The Developer shall construct temporary fence around temporary easements being acquired for the Project. Temporary fence shall be provided to delineate the boundary between the work zone and private property, such that the Work does not encroach onto private propertyencompass all sides of the temporary easement, except for the length abutting Department Right-of-Way. Upon completion of Work within temporary easements, and prior to completion of the temporary easement access duration, the Developer shall remove the temporary fence and restore the temporary easement site to pre-construction conditions.

8.2REQUESTS FOR ADDITIONAL RIGHT-OF-WAY

If it is determined that additional Right-of-Way is required,either as requested by the Department or by the Developer and Approved by the Department, the Developer, acting as an agent on behalf of the Department, shall provide acquisition services for the additional Right-of-Way and shall carry out the responsibilities as outlined in Appendix RW-04(ODOT Office of Real Estate Scope Definitions for Right-of-Way Services).Individuals engaged in Right-of-Way acquisition shall be selected from the Department’spreapproved list. Right-of-Way acquisition services shall include project management, title research, appraisal, negotiation, closings, relocation assistance services and property management. The Developer shall provide Right-of-Way plans and legal descriptions, as well as associated survey work, including staking of Right-of-Way. Relocation review and appraisal review must be conducted by an independent third party. The Departmentwill be responsible for the relocation and appraisal review procurement and the third party relocation and appraisal reviewer will contract directly with the Department. The Developer must coordinate all appraisal assignments with the Departmentbefore authorizing an appraiser to prepare an appraisal report. The Departmentwill file the appropriation for any parcel where a condemnation action is necessary. The Departmentwill retain authority for approving just compensation, relocation benefits, and administrative/case settlements. The Developer must receive a “Notice to Commence Right-of-Way Acquisition”from the Department prior to any acquisition Work beginning. The Developermust also receivea “Notice to Commence Construction”from the Department once the property has been acquired prior to commencing construction on the property.

If the additional Right-of-Way is requested by the Developer, the Developer shall prepare and submit a written request to the Department for consideration. This request shall identify the additional Right-of-Way sought, along with a justification for its need, and shall include drawings depicting proposed geometric designs, construction limits, and cross-sections. The Department will review the request, determine whether the acquisition is acceptable and within the scope of the environmental documentation, and notify the Developer in writing of its Approval. The Developer shall be responsible for the schedule implications and actual cost of purchasing the Right-of-Way, including any easements, and all costs associated with acquisition services including appraisal review.

Additional Right-of-Way requested by the Department will be subject to the Change Order process.

During the acquisition process, and for a period of five years after Final Acceptance, or until the Departmenthas indefeasible title to the property, all Project documents and records not previously delivered to the Department, including design and engineering costs, construction costs, costs of acquisition of Rights-of-Way, and all documents and records necessary to determine compliance with the laws relating to the acquisition of Rights-of-Way and the costs of relocation of Utilities, shall be maintained and made available to the Departmentfor inspection andaudit. Throughout the acquisition process, copies of all documents/correspondence shall be submitted to the Department.

8.3MONUMENT CONSTRUCTION

The Developer shall design and construct items associated with centerline monuments, monument assemblies, reference monuments, Right-of-Way monuments, and any other items associated with monuments according to C&MS 623 and the ODOT Real Estate Policies and Procedures manuals. Monuments on Department-maintained facilities shallbe in accordance with Departmentstandards. Monuments on City of Cleveland-maintained facilities shallbe in accordance with City of Cleveland standardsand procedures described in Appendix RW-05 (City of Cleveland Monument Specifications).

The Developer shall set Right-of-Way monuments for parcels being acquired as Right-of-Way for the Project.

The Developer shall provide CenterlinePlats detailing the location of all proposedand disturbed monument assemblies,centerline monuments,and centerline reference monuments within the Project limits.

8.4STAGING AREAS

The Right-of-Way Map indicates locations in which the Developer is restricted from performing staging and/or temporary Work within the Project limits. The Developer shall not performstaging and/or temporary Workin areasidentified as restricted from staging. The Developer shall obtain Department Approval for use of allsites within the Right-of-Way for staging and/or temporary Work. A District 12 permit will not be required to use such sites; however the Department makes no guarantees that a particular site within the Right-of-Way will be Approved for staging and/or temporary Work.

The Developer shall prepareStaging Plans detailing use of each particular site, and include, at a minimum, the following:

  1. Pre-construction photos of the existing site condition
  2. Planned use and details of the staging and/or temporary Work to be performed at the site
  3. Area (acreage) needed
  4. Schedule/duration of need
  5. Potential impacts of site use (e.g., environmental concerns, Utility impacts, etc.)
  6. Planned restoration of the site

The Department will have 10 Business Days to review each request and provide notification of Approval, conditional Approval, or denial. The Developer shall obtain Approval prior to any staging and/or temporary Work being performed at requested staging and/or temporary Work sites.

Concrete and asphalt plants and crushing operations will not be allowed within the Project Right-of-Way. The Developer shall not use staging areas on this Project for other projects. The Developer shall not stockpile material on top of existing drainage pipes or underground Utilities. The use of temporary easements for staging areas is prohibited.

The Developer shall be responsible for compliance with all applicable regulatory requirements. The Developer shall be responsible for all restoration of staging areas to a condition meeting or exceeding the existing condition. As applicable to a staging area, and in addition to the requirements of C&MS 104.04, the Developer shall perform the following:

  1. Remove a minimum of4 inches of material and replace with 4 inches of topsoil, conforming to CMS 653.
  2. Seed and mulch the site, conforming to CMS 659.
  3. Replace all trees removed or damaged, on caliper-inch basis, and include a one-year warranty.

8.5DELIVERABLES

Unless otherwise indicated, all deliverables shall be submitted in both electronic format and hardcopy format. Acceptable electronic formats include Microsoft Word, Microsoft Excel, or Adobe Acrobat (.PDF) files, unless otherwise indicated. At a minimum, the Developer shall submit the following to the Department:

Deliverable / For Acceptance, Approval, or Submittal / Number of Copies / Submittal Schedule / Reference Section
Hardcopy / Electronic
Notice of Intent to Access Temporary Easement / Submittal / 1 / 1 / Five Business Days prior to Work commencing within each individual temporary easement / 8.1.2
Acquisition Deliverables (if applicable) / In accordance with Section 8.2 and Department standards
Centerline Plats / Submittal / 1 / 1 / Prior to Final Acceptance / 8.3
Staging Plans / Approval / 1 / 1 / Prior to staging/temporary Work within a requested site. / 8.4

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