MnDOT Design-Build ProgramBook 2—[insert full name of project] Design-Build Project
Federal Project No. [insert #]S.P. [insert #]
PM Revision Instructions:
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(3) Do not use the term “the Contractor shall.” Begin each applicable instruction with an action verb.
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MnDOT Design-Build ProgramBook 2—[insert full name of project] Design-Build Project
Federal Project No. [insert #]S.P. [insert #]
RFP1
Right of Way
MnDOT Design-Build ProgramBook 2—[insert full name of project] Design-Build Project
Federal Project No. [insert #]S.P.[insert #]
7Right of Way
7.1General
PM: If all of the right of way will NOT be available by the time of Notice to Proceed for the Contractor, consider adding language and Exhibits that will identify what parcels will be available and the date of expected availability. See TH 610 Completion project as an example.
Also review any references to Project limits (e.g., Sect 1 [General] and Section 16 [Traffic] to confirm accuracy/suitability for the Project.
MnDOT will acquire all Right of Way (R/W) necessary for the Project. The R/W Work Map (attached as Exhibit 7-A) indicates the existing R/W lines and those parcels being acquired for the Project. The R/W Work Map also indicates any fee R/W, permanent easements, or temporary easements being acquired from each parcel by MnDOT for the Project. Do not enter into negotiations for purchase of any property or property rights identified within the R/W Work Map.
7.2Administrative Requirements
7.2.1Standards
In the event of a conflict among the standards set forth in Book 3 relating to R/W activities, follow the order of precedence set forth below, unless otherwise specified:
- MnDOT Right of Way Manual
- MnDOT Surveying and Mapping Manual
- MnDOT R/W Plat Standards and Drafting Details
- MnDOT CADD Data Standards
- MnDOT Design-Build Modifications to the Policy for Certificates of Location of Government Corner
- Remaining standards set forth in Book 3
Comply with all procedural requirements of the MnDOT Right of Way Manual that pertain to MnDOT and its personnel.
Pursuant to 23 CFR 710.313(d)(1)(i), comply with the procedures, guidelines, and standards set forth in the MnDOT Right of Way Manual regardless of whether the procedures, guidelines, or standards are written as mandatory requirements.
7.2.2Meeting Requirements
PM: Determine if there are specific meetings required for R/W and determine the number and frequency of meetings the Contractor will be required to attend. Include update meetings with MnDOT if all R/W has not been acquired prior to NTP. If none, change subheading to “Not Used”.
7.2.3Equipment/Software
PM: Determine if any specific equipment or software is required. If none, remove the following sentence and change subheading to “Not Used”.
Prepare all electronic drawings in accordance with MnDOT Level II CADD Standards. Prepare all reports and documents in Microsoft Word format.
7.2.4Permits/Authorizations
PM: Determine if any permits or authorizations are required for the project. If none, remove the following sentence and change subheading to “Not Used”.
MnDOT retains right of possession of the Site and the improvements made thereon by the Contractor. The Contractor’s right to entry and use of the Site arises solely from permission granted by MnDOT under the Contract.
7.3Design Requirements
7.3.1General
PM: Contact MnDOT R/W manager to determine what materials are available for Contractor.Include permanent and temporary easements that MnDOT already has, as applicable. If no additional materials are available, remove the last sentence.
The R/W Work Map consists of various electronic graphical file elements from multiple MnDOT sources as depicted in Exhibit 7–A.
Use the following additional resources (available from MnDOT):
7.3.2Investigations/Supplemental Work
PM: Describe any investigations or supplemental work required by the Contractor to complete the project. (e.g., property survey,title search, meets and bounds). If none, change subheading to “Not Used.”
7.3.3Design Criteria
PM: Describe -specific right-of-way requirements for the project. If none, leave as-is.
7.3.3.1Acquisition Activities
MnDOT will be responsible for payments to all property owners for purchase of temporary and permanent R/W and for Relocation payments.
Upon request by the Contractor, MnDOT may acquire additional construction easements outside of those already acquired for the Project, if determined by MnDOT to be beneficial for the Project. MnDOT will accomplish all parcel acquisition activities unless otherwise indicated below. Schedule implications associated with the acquisition of Construction Easements are the responsibility of the Contractor. The cost of such parcel acquisitions will be deducted from the Contract Price in accordance with Book 1, Section6.1.2.
For acquisition of additional R/W and/or Temporary Construction Easements, MnDOT will provide a R/W authorization map for the Contractor to approve prior to MnDOT’s proceeding with the acquisition. The Contractor shall approve R/W prior to acquisition beginning.
7.3.3.1.1Temporary Easements
PM: Discuss this timeframe with the R/W group to determine if calendar months can change. Typically, it’s 18 months but in some cases may be shorter or longer. Revise as necessary.
Notify MnDOT in writing of all temporary easements necessary for construction of the Project based on the Contractor’s Release for Construction (RFC) documents. Identify the temporary easements sought and include drawings depicting proposed construction limits and cross-sections. MnDOT will be responsible for the acquisition of all temporary easements for the Project at the Contractor’s cost. Acquisition of temporary easements by MnDOT could take up to 18 calendar months for the first 10 parcels and an additional 30 Days for each additional parcel from the time the written notification is submitted. Schedule implications associated with the acquisition of temporary easements are the responsibility of the Contractor.
7.3.3.2Identification of Additional R/W
PM: Determine if the Contractor requesting additional R/W is a possibility. If not, remove this section. Keep in mind the 18-month (change timing if required relevant to previous section) schedule for acquisition and the need for revisiting municipal consent and environmental commitments in making the decision. Discuss timeframe with MnDOT R/W manager and edit appropriately.
If additional R/W is necessary, prepare and submit a written request to MnDOT for consideration. Identify the additional R/W sought, along with a justification for its need, and include drawings depicting proposed geometric designs, construction limits, and cross-sections. MnDOT will review the request, determine whether the acquisition is acceptable and within the scope of the environmental documentation, and provide notification in writing regarding the schedule and process required to complete the acquisition, if Approved. MnDOT is responsible for obtaining any required municipal consent, if necessary, due to the additional R/W acquisition. MnDOT will require up to 18 calendar months for acquisition of the first 10 parcels and an additional 30Days for each additional parcel from the time of MnDOT Approval. If the additional R/W required is currently public road R/W, MnDOT will require 90 to 120 Days to obtain this R/W via Commissioner’s orders.
7.3.4Reports and Plans
PM: Describe any reports or plans required. Identify when they should be submitted to MnDOT and if they will need to be approved or accepted by MnDOT. If none, change subheading to “Not Used.”
7.4Construction Requirements
7.4.1General
PM: Identify any additional general requirements for the project and add as new subsection.
Complete all Work for the Project within the R/W provided in Exhibit 7-A.
7.4.2Construction Criteria
Construct all Project elements within the R/W provided by MnDOT. Do not construct permanent facilities within the limits of a temporary construction easement.
7.4.3Materials/Testing Requirements
PM: Describe any materials or testing requirements Contractor must provide. If none, change subheading to “Not Used.”
7.4.4Instrumentation/Monitoring Plan
PM: Identify any instrumentation or monitoring plans required (e.g., staking, flagging, temporary fencing)? If none, change subheading to “Not Used.”
7.5Deliverables
PM: Populate table below as necessary. Deliverables may include Reports/Plans (7.3.4) and Instrumentation/Monitoring Plan (7.4.4). If no deliverables required, delete content below and rename this section “Not Used.”
Table 7-1, which lists Deliverables identified in this Section 7, is not intended to be exhaustive. It is the Contractor’s responsibility to determine and submit all Deliverables, as required by the Contract.
Table 7-1: Nonexhaustive List of Deliverables
Name / Acceptance or Approval / Section ReferenceEXHIBITS
All exhibits are provided as electronic files.
Exhibit 7-ARight of Way Work Map
RFP1
Right of Way