14 RIGHT OF-WAY 14A. GENERAL 14B....

MVC; 5400 South to 4100 South Part 4 (Project Design and Construction Requirements)

Project No.S-0085(5)0/PIN 8314

Section 14 (Right-of-Way) Draft Request for Proposals – June 25, 2015 4-14-1

14—RIGHT-OF-WAY

14A. GENERAL

Conduct all Work necessary to meet the requirements of this Section 14 (Right-of-Way) and to satisfy

all functional needs and characteristics of the Project, including acquisition of temporary construction

easements and additional Right-of-Way as needed.

14B. STANDARDS

Complete Work for Right-of-Way in accordance with the requirements of the standards listed by

priority in Table 14B-1 (Standards for Right-of-Way).

If there is any conflict in Standards, adhere to the Standard with the highest priority.

Use the current version accepted by the Department of each listed Standard as of the initial issue date of

this RFP, unless modified by Addendum.

TABLE 14B-1

STANDARDS FOR RIGHT-OF-WAY

Priority Author or

Agency Title

1 UDOT Special Provisions included in Part 5

2 UDOT Supplemental Specifications to 2012 Standard Specifications for Road and Bridge

Construction, as modified by Part 5

3 UDOT 2012 Standard Specifications for Road and Bridge Construction, as modified by Part 5

4 UDOT Supplemental Drawings to 2012 Standard Drawings for Road and Bridge Construction

5 UDOT 2012 Standard Drawings for Road and Bridge Construction

6 UDOT Manual of Instruction–Right-of-Way-Design

7 UDOT Project Development Process Manual

8

UDOT

Right-of-Way Operations Manual (Policies and Procedures) Uniform Relocation

Assistance and Real Property Acquisition Policies Act of 1970, as amended and

Implementing Regulations found in Title 49 Code of Federal regulations Part 24 and

Code of Federal regulations 23 CFR Part 710.313

9 UDOT ROW ProjectWise Guide

14C. REQUIREMENTS

The Department has acquired certain Right-of-Way (ROW) specifically for the Project which are shown on

the ROW Drawings included in Part 7 (Contract Drawings). The Department will retain possession of each

parcel and all improvements, if any, made thereon by the Design-Builder. The Design-Builder’s access and

use of the ROW arises solely from the permission granted by the Department under the Contract.

The Design-Builder shall not assume that any Department-acquired property, or any other property, outside

the “Construction Limit” shown on the ROW Drawings in Part 7 (Contract Drawings) is acceptable for its

use. In certain instances, the Construction Limit may not extend to or include the entire ROW. Use of

Department property outside of the Construction Limit is acceptable only with the Department’s prior

Approval outlining the conditions for use.




14C-1 Status of Right-of-Way

The Design-Builder shall be allowed access to each parcel identified in Attachment 14-1 (Right-of-Way

Schedule) as each individual parcel is acquired and as the Department provides the Design-Builder notice.

The Department will provide the Design-Builder with status reports, written notice of parcel access, and

any applicable restrictions that may apply. The Design-Builder shall not access any parcel on which access

has not been provided.

The Design-Builder shall not trespass on private property.

14C-1.1 Right-of-Way Commitments Perform all obligations indicated as the Design-Builder's responsibility in Attachment 14-2 (Right-of-Way

Commitment Table). Items identified in Attachment 14-2 (Right-of-Way Commitment Table), are not the

responsibility of the Design-Builder.

14C-1.2 Right-of-Way Manager Should the Design-Builder determine that additional ROW or easement, other than what is shown in Part 7

(Contract Drawings), is necessary, the Design-Builder shall designate a ROW manager who shall be

responsible for all ROW coordination and compliance requirements. The ROW manager shall be qualified

for both acquisition and relocation services as defined in the UDOT ROW Operations Manual. The ROW

Manager will be responsible for supervising staff and consultant agents who are specialized in real property

acquisition, relocation assistance for non-residential and residential services, appraisal services for

residential and complex services, and appraisal review. The ROW manager shall coordinate all acquisition

and relocation activities with the Department ROW Oversight Manager or designated representative.

14C-1.3 Request for Project Right-of-Way

Request for Additional Right-of-Way

Should the Design-Builder determine that additional ROW or easement, other than what is shown in Part 7

(Contract Drawings), is necessary, the Design-Builder shall submit a written request to the Department.

Each request shall include an identification of the ROW or easement and a justification for its need related

to the Project.

The Department will review each request and determine if the ROW or easement is needed for the Project

(and therefore should have been originally provided or identified by the Department) or for the Design-

Builder’s convenience.

If it is determined that the ROW is needed for the Project and should have been originally provided by the

Department in accordance with Part 2, Section 7.3.2.1 (Due to Department-Directed Change), the

Department will Approve the ROW request. The Design-Builder and the Department must agree to the

change in the design and acquisition schedule and all related issues. The Design-Builder shall provide

information as outlined below in this Section 14C-1.3 (Request for Project Right-of-Way – Department

Approved Right-of-Way). The Department will acquire the Approved ROW unless otherwise agreed upon

with the Design-Builder. If the Design-Builder acquires the ROW on behalf of the Department, follow the

procedures outlined in Attachment 14-3 (ROW Acquisition for the Design-Builders Convenience) unless

otherwise directed by the Department.

If the Department does not Approve the ROW request, the Department will notify the Design-Builder that

the ROW is for their convenience and acquisition of such ROW will be the responsibility of the Design-

Builder in accordance with Part 2, Section 7.3.2.2 (Acquisition Process for ROW for Design-Builder’s

Convenience). The Design-Builder shall comply with the below Section 14C-1.3 (Request for Project

Right-of-Way – ROW Acquisition for the Design-Builder’s Convenience) for acquisition procedures.




Department Approved Right-of-Way

Upon Department Approval of the request, the Design-Builder shall submit the following information:

Design Package/Electronic Summary:

Right-of-Way Design Sheets: Provide 11-by-17 inch plan sheets outlining and defining

ROW acquisition boundary. ROW acquisition boundary shall be designed using Project

ROW alignment. Provide station and offset references/calls to property line, intersections,

and points of deflection. Provide all horizontal curve data necessary to adequately

describe new property line limits.

Right-of-Way Design Sheets with Aerials: Provide 11-by-17 inch plan sheets outlining

and defining ROW acquisition boundary with the project Aerial Imagery projected on

each of the Right-of-Ray Design Sheets above.. ROW acquisition boundary shall be

designed using Project ROW alignment. Provide station and offset references/calls to

property line, intersections, and points of deflection. Provide all horizontal curve data

necessary to adequately describe new property line limits.

Ownership Record: Provide an Ownership Record, verifying all owners and the

percentages of ownership dating back five years or until a Warranty Deed is found. This

shall include the legal description of the full parcel along with the size of the full parcel in

acreage or square footage. Provide a copy of the vesting instrument.

Acquisition Package: Provide documents in accordance with Part 4 Appendix C

Documentation: Deliver all summaries see Part 4 Appendix C, designs, records, reports,

correspondence, and documents relating to ROW acquisition to the Department in

electronic, MicroStation CADD files (DGN files), and hardcopy formats, or as otherwise

requested by the Department. All documents submitted to the Department must be in

accordance with the Right-of-Way ProjectWise Guide found at

(http://udot.utah.gov/go/rowprojectwiseguide). Complete a final quality check to ensure

that all documents have been entered into ProjectWise and/ or UDOT’s ePM ROW

module.

Access to the additional ROW or easement shall be granted upon written notification to the Design-Builder.

ROW Acquisition for the Design-Builder’s Convenience

The Department will designate any additional ROW other than what is shown on the ROW Plans in Part 7

(Contract Drawings) and ROW Approved from Section 14C-1.3 (Request for Project Right-of-Way), as

ROW for the Design-Builder’s Convenience. The Design-Builder shall be solely responsible for the

acquisition of these properties and easements. The Design-Builder shall follow the ROW acquisition

procedures as outlined in Attachment 14-3 (ROW Acquisition Procedures) for ROW Acquisition for the

Design-Builder’s Convenience.

Permission to Enter Property

The Design-Builder shall secure Permit to Enter and Construct forms prior to entering any property outside

the Construction Limit for survey, environmental, appraisal purposes, and Project-related Work. It shall be

the Design-Builder’s sole responsibility for any and all damages and claims. The Design-Builder shall

submit copies of all Permit to Enter and Construct forms to the Department prior to performing any Work

on property outside the Construction Limit. A copy of the form is provided on UDOT’s ePM ROW module

system.

14C-1.4 Temporary Construction Easements (TCEs)

http://udot.utah.gov/go/rowprojectwiseguide




The Design-Builder shall be responsible for acquiring and obtaining all TCEs not shown in the ROW

Drawings in Part 7 (Contract Drawings) that are necessary to meet the requirements of the Contract

Documents.

All TCEs shall be appraised and valued in accordance with the UDOT Right-of-Way Operations Manual.

If a TCE is to be acquired on a property on which the Department has an unsettled condemnation case, the

same original appraiser shall value the TCE. Obtain Department Approval of the valuation prior to any

offers to property owners.

After each TCE is acquired, the Design-Builder shall prepare a complete parcel acquisition file, which

includes copies of offer letters, fair market valuation, fully executed easement documents and/or

agreements, the agent log, and a statement signed by the property owner acknowledging receipt of payment

in full. Parcel acquisition files shall be submitted through UDOT’s ePM ROW module and in accordance

with Sections 1.2.7 and 1.2.8 of the UDOT Right-of-Way Operations Manual and Section 14C-1.3.D.

If the Design-Builder cannot reach an agreement with a property owner for the acquisition, the Design-

Builder may request in writing that the Department acquire the easement(s) through condemnation

proceedings.

Cost of TCEs and ROW Acquisition for the Design-Builder’s Convenience

Design-Builder shall pay the cost of, and be responsible for, processing and issuing all payments of agreed

purchase prices or awards; relocation assistance payments and all legal, administrative, and incidental

expenses of or related to the Design-Builder’s temporary construction easements and ROW Acquisition for

the Design-Builder’s Convenience.

In addition, the Design-Builder shall:

Be solely responsible for all costs and be responsible for (the process of)

acquiring/obtaining environmental approvals and the cost associated with obtaining the

approvals.

Be solely responsible for cost and time delays associated with the Department’s

proceeding with condemnation.

Not be entitled to any Change Order for time or money as a result of site condition (e.g.,

hazardous materials, differing Site conditions, geotechnical issues, Utilities) on such

additional ROW.

Not be entitled to any Change Order for time or money as a result of any delay, inability,

or cost associated with the acquisition of such ROW.

14C-1.5 Access Maintain the same access to all existing properties that are to remain after the completion of construction.

Repair or replace in kind all existing driveways and access roads. Impacts to driveways are limited to 10

Calendar Days.

14C-1.6 Construction Clearance Do not begin construction on any real estate until specifically Approved by the Department after all

property rights for the Project have been conveyed in favor of the Department or a Right of Occupancy

(ROO), Court Order to Occupy, or a Right of Entry Agreement has been executed by all applicable parties

of interest, and the property has been certified as cleared for construction purposes.

14C-1.7 Protection of Property Once permission to enter has been acquired for a property in accordance with the requirements herein, the

Design-Builder shall manage and minimize losses to the property. This shall include the installation of




temporary chain link security fencing sufficient to contain animals, people, etc. The temporary fencing

shall be installed prior to removing any ROW or existing fencing or sound barrier in place within the

Project limits.

14C-1.8 Business Parking Availability and Access

14C-1.9 Once Work begins in the vicinity of a business, the Design-Builder

shall minimize losses to the business’s parking availability and access

to and from the business especially if there is only one access for the

business. If there is only one access to a business, construction of the

driveways shall be constructed by closing only 1/2 of the driveway at

any given time and maintain the remaining 1/2 of the driveway open at

all times. Limitations on the use and/or removal of parking and access

are identified in Attachment 14-2 (Right-of-Way Commitment).

Demolition The Design-Builder shall demolish, as necessary, all buildings, structures, and other improvements within

the ROW in compliance with procedures and requirements identified by the Division of Air Quality (DAQ),

the Occupational Safety and Health Administration (OSHA), all Federal, State, and Local Government

rules and regulations. The Design-Builder shall conduct asbestos and lead-based paint inspections on all

ROW buildings, structures, and other improvements and prepare reports summarizing the findings of the

inspections.

The Design-Builder is responsible to demolish the following structures:

The Wasatch Restoration Center

Home - address

14C-1.10 Restoration of Property and Landscape Should the Design-Builder damage, injure, or destroy property or landscaping on any property for which

the owner has not been compensated, the Design-Builder shall, at its sole cost and expense, repair and/or

replace or restore the damage to a condition equal to or better than that existing prior to the damage.

Restoration may include repair, replacing in kind, rebuilding, or replanting.

14C-2 Final ROW Surveying and Mapping

14C-2.1 Design Builder’s Responsibilities Design-Builder’s ROW manager shall provide surveying, mapping, and prepare all documents for ROW or

easements acquired as outlined in Section 14C-1.3 (ROW Acquisition for the Design-Builder’s

Convenience) and Section 14C-1.4 (Temporary Construction Easements) in accordance with the UDOT

Manual of Instruction and shall follow the current UDOT standards. In addition, the Design-Builder shall

provide DGN files for ROW and easement acquisitions in the Project coordinate system based on the

Project ROW alignment file.

14C-2.2 Department Responsibilities The Department will install and set permanent Right-of-Way markers.

A Record of Survey will be prepared by the Department and submitted to the Salt Lake County Surveyor(s)

office(s).

Department will prepare final ROW drawings for the Project.




14D. SUBMITTALS

Provide submittals to the Department in accordance with Table 14D-1.

TABLE 14D-1

DESIGN-BUILDER SUBMITTALS FOR RIGHT-OF-WAY

Submittal For Approval Schedule

ROW Instruments Yes Prior to acquisition

Request for additional ROW Yes Prior to acquisition

Permit to Enter and Construct Form No Prior to entry

Parcel acquisition file Yes

Two Days (maximum)

following payment to

landowner


Project No. S-0085(5)0/PIN 8314

Attachment 14-1 (ROW Schedule)

Draft Request for Proposals – June 25, 2015 4-14-1-1

Attachment 14-1: Right-of-Way Schedule

Parcel # Owner Property Address Committed

Clearance Date

296

(Seminary) WRC - Seminary Site

5805 W 4100 S

WVC, UT

In negotiations

296B RMP Cul-De-Sac 5783 W 4100 S WVC, UT In appraisal

308D Lopez, Austreburto 4921 W Rushford Ct

WVC, UT

Available

308F McPhaden, David 5897 W Rushford Ct

WVC, UT

Available

308G Garcia, Ruben 5898 W Rushford Ct

WVC, UT

Available

312D D & A Buehner Properties

I, LLC 4125 S 6000 W WVC, UT

Available

322B Fraser, William & Kristin 4121 S Rushford Ct WVC,

UT

In appraisal

322D Zufelt, Carlee 4118 S Rushford Ct WVC,

UT

Available

322 Ocegueda, Salvador 4108 S Rushford Ct WVC,

UT

In appraisal

328 Granite School District 4200 S 5600 W WVC, UT In Design

330 Lowes 4050 S 5600 W WVC, UT In Design

332B Canal North 4100 WVC, UT In Design

338 RMP (Cul-de-Sac) In Design

420 Funk, Judith 3650 S Masters Dr WVC,

UT

Available

6001 Olsen, James 5980 W 4100 S WVC, UT In appraisal

6002 Corp of PB of Church of

Jesus Christ of LDS

5775 W 4100 S

WVC, UT

In negotiations

6003

(Includes

294B)

Granite School District 4200 S 5600 W

WVC, UT

In Design

6004 Brock, Alan F; ET AL 5661 W 4100 S WVC, UT In Closing

6005 Thompson, Clarence N &

Helen M (Shell Station)

4110 S 5600 W

WVC, UT

In closing

6006 4100 South WAG LLC

(Walgreen's)

5630 W 4100 S

WVC, UT

J/C approval

requested

6007 Legacy Center LLC

(Smiths) 5610 W 4100 S WVC, UT

In negotiations

6010 Cambodian Christian

Reformed Church

4035 S 5600 W

WVC, UT

In negotiations

6011 American First Credit

Union

4049-4100 S 5600

WWVC, UT

Available

6016

6016B Bishop, Charles Estill

5548 W 4100 S

WVC, UT

In negotiations



Attachment 14-1 (ROW Schedule)


6017 Ervin, C Douglas & Cheryl

L 5538 W 4100 S WVC, UT

J/C approval

requested

6019 Rushton, Donald R &

Adele B 5573 W 4100 S WVC, UT

In Design

6020 Turpin, Brad 5573 W 4100 S WVC, UT In Design

6021 Turpin, Brad & Marianne 5549 W 4100 S WVC, UT In Design

6022 Floyd & Norma Rushton

Properties LLC

5541 W 4100 S

WVC, UT

Available – In

Relocation

6023 Dangerfield, Russell J &

Debra J 5517 W 4100 S WVC, UT

Available – In

Relocation

6024 Rushton, Brent 5491 W 4100 S WVC, UT Available – In

Relocation

6025 Rushton, A Laurence &

Elva Family Partnership

5477 W 4100 S

WVC, UT

In Closing

6026 Vaccaro, Jerry D &

Kristina J 5443 W 4100 S WVC, UT

In Appraisal

248 Robert Defa 3802 South 5600 West

WVC, UT

In Design

6029 Ramirez, Luis & Maria L 5582 W Peggy Lane WVC,

UT

In Design

6030 Taylor, Dennis C & Robin

A

4168 S Brookfield Way

WVC, UT

In Design



Attachment 14-2 (ROW Commitment Table)


Attachment 14-2: Right-of-Way Commitment Table

Parcel # Owner

Right-of-Way Contract Commitments made for Construction

of the Project



Attachment 14-3 (ROW Acquisition Procedures)

Draft Request for Proposals – June 25, 2015 4-14-3-i

Attachment 14-3: Right-of-Way Acquisition Procedures

Table of Contents

14-3 — Right-of-Way Acquisition for the Design-Builders Convenience .......................................... 1

14-3A. GENERAL REQUIREMENTS ............................................................................................... 1

14-3B. Standards ................................................................................................................................. 2

14-3C. Right-of-Way Schedule............................................................................................................ 2

14-3D. Project-Specific Services ......................................................................................................... 5



Attachment 14-C (ROW Acquisition Procedures)


14-3 — RIGHT-OF-WAY ACQUISITION FOR THE DESIGN-

BUILDERS CONVENIENCE

14-3A. GENERAL REQUIREMENTS

General Scope. Design-Builder shall acquire Right-of-Way (ROW) and conduct activities related to ROW

acquisition in accordance with the requirements of this Attachment 14-3 for those properties designated as

ROW for the Design-Builder’s Convenience. These ROW activities include, at a minimum, the following:

Mapping

Documents

Appraisal

Appraisal review

Negotiation

Acquisition

Title insurance procurement

Title clearance

Acquisition closings

Condemnation support

Relocation assistance

Property Management

Clearance and demolition of improvements;

As required, environmental testing and remediation

As required, historical documentation.

Legal Role. Function as agent for the Department while acquiring ROW designated ROW for the Design-

Builders Convenience.

Department Approval. Obtain the Department’s Approval of ROW design documents, appraisals,

requests to acquire ROW, acquisition documentation, acquisition settlements, Right-of-Way Contracts,

relocation Notices of Eligibility, Relocation claims, and requests to commence condemnation proceedings.

Provide the Department with all specific reports and supporting documentation for review and Approval

during the acquisition process.

Documentation. Maintain hard copies of all ROW documentation in addition to placing documentation

into ProjectWise and UDOT’s ePM ROW module. Submit documents into ProjectWise in accordance with

the Department’s currently approved file structure and attribute each file according to the Department’s

current processes. Coordinate the placement of all documentation into ProjectWise with UDOT Central

Right-of-Way. Notify UDOT Central Right-of-Way when documentation has been submitted into

ProjectWise and/or UDOT’s ePM ROW module. All documents submitted to the department must be in

accordance with the Right-of-Way ProjectWise Guide found at

(http://udot.utah.gov/go/rowprojectwiseguide). Complete a final quality check to ensure that all documents

have been entered into ProjectWise and/or UDOT’s ePM ROW module.

All offer documentation must be generated out of UDOT’s ePM ROW module.

General. Complete all administrative activities and prepare all documentation sufficient to acquire the

http://udot.utah.gov/go/rowprojectwiseguide





ROW. Obtain the Department’s review and Approval of all appraisals, legal descriptions, acquisition and

relocation documentation, purchase prices, and funding and closing procedures.

ROW Costs. Design-Builder is responsible for all costs associated with the acquisition of the ROW. The

Design-Builder will pay the costs of all services and documentation preparation for ROW acquisition and

related relocation assistance. All documents, process and procedures to acquire ROW by the Design-

Builder, will conform to the Department’s ROW processes as outlined in both the ROW Design and ROW

Operations Manuals. The Department will not be obligated to exercise its power of eminent domain for, nor

will it have any responsibility for, the acquisition, maintenance, or disposition of additional properties or of

any temporary right or interest therein.

14-3B. STANDARDS

Complete all ROW acquisition activities in accordance with the requirements of the standards in Table

14C-1 (Standards for Right-of-Way Acquisition). Standards are listed in alphabetical order and have no

established order of precedence.

TABLE 14-3B-1

STANDARDS FOR RIGHT-OF-WAY ACQUISITION

Author or Agency Title

Appraisal

Foundation

Uniform Standards of Professional Appraisal Practices (USPAP)

FHWA Right-of-Way Project Development Guide, Federal Aid Policy Guide (FAPG)

FHWA Uniform Appraisal Standards for Federal Land Acquisitions and USPAP

UDOT Manual of Instruction–Right-of-Way-Design and current UDOT Standards and Practices.

UDOT Project Development Process Manual

UDOT Right-of-Way Operations Manual (Policies and Procedures)

UDOT

Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as

amended and Implementing Regulations found in Title 49 Code of Federal regulations Part

24 and Code of Federal regulations 23 CFR Part 710.313.

UDOT ROW ProjectWise Guide

14-3C. RIGHT-OF-WAY SCHEDULE

14-3C-1 Department Review and Approval

Submittal. Design-Builder shall meet with the Department and submit a schedule for the acquisition and

delivery of ROW to the Department for review and Approval. Include in the schedule the following:

The beginning date and anticipated completion date of ROW acquisition;

Priorities for parcels whose acquisition will significantly impact the Project Schedule

and/or affect its Critical Path; and

Implementation. After the Department’s review, implement the additional ROW parcel acquisition time

into the ROW schedule and integrate it into the Project Baseline Schedule.

ROW Properties. Notify, in advance, the Department of all Design-Builder properties and temporary





rights or interests in real property to be acquired by the Design-Builder. Obtain, Approval from the

Department for the acquisition of any additional ROW for the Design-Builder’s Convenience. Comply with

all requirements in Part 4.

Acquisition Files. Submit all complete appraisal or acquisition files to the Department for review, in

accordance with Section 14C-4.4 (ROW Appraisal and Acquisition File Approval. For submittals of more

than one appraisal or acquisition file at any given time, indicate the priority of required review in order to

meet the ROW schedule. Each acquisition file shall contain one copy of the appraisal(s) and appraisal

review.

Relocation Files. Submit relocation plans and relocation files in conjunction with the acquisition files (for

all parcels identified which will require displacement) to the Department for review in accordance with this

section. All acquisitions which will require a relocation must be prioritized to meet the ROW schedule.

Electronic Summary/Design Packages

Each summary package(s) shall consist of a partial summary, or a final summary, or supplemental

summaries. Each submitted partial summary will contain no more than 12 ownerships in any given partial

summary when delivered to the Region 2 Right-of-Way Engineer for a review. Upon completion of the

region review, the summary will be forwarded to Central Right-of-Way for a Conformity Review. Review

packages delivered to the Region will consist of one hard copy of each document as well as all of the

electronic data being posted to ProjectWise following the Department’s guidelines and procedures for

ROW submittals. When comments and questions have been sufficiently addressed, the Region will direct

the consultant to upload the electronic summary into the ePM system and to forward the electronic design

package to UDOT ROW Oversight Manager at Central Right-of-Way. If the quality of the review package

is considered to be sub-standard by the Department, it may request additional reviews before authorizing

the final submittal. Only one summary review will be allowed at the Department at any given time. The

electronic file naming convention for partial summaries, as directed by Central Right-of-Way, must be

carefully followed. The Design-Builder or ROW designer shall upload each partial or supplemental

summary to ePM and ProjectWise and notify Central Right-of-Way with a carbon copy to the Department

upon completion.

The Design-Builder or ROW designer will upload to ePM and forward the electronic design package to

Central Right-of-Way. Any submittal not directly uploaded will not be reviewed.

Schedule Delay. The Design-Builder is responsible for any delays to the Project Baseline Schedule that

result from submittal of inadequate or incomplete appraisal, acquisition files, relocation files or electronic

summary/design packages and/or the inability of the Design-Builder to acquire any ROW in a timely

manner.

Deficiencies. A summary/design package, appraisal, relocation file, or acquisition file shall be deficient, as

determined by the Department, if any of its components contains any error or omission or if it fails to meet

any of the criteria established in this Attachment 14-3 (Right-of-Way Acquisition Procedures). Upon

Department notification of a deficiency, correct such deficiency and resubmit the file to the Department.

Eminent Domain. If the Design-Builder and landowner cannot agree upon a purchase price acceptable to

the Department, the Department may, at its sole discretion, Approve an acquisition through condemnation

or eminent domain procedures. Do not begin eminent domain procedures without an Approved acquisition

memo as part of the acquisition file.

Acquisition File. For condemnation purposes, the acquisition file must contain an

approved memo from the Director of Right-of-Way to the Attorney General’s (AG) office

(as noted above). Attached to the memo and the request for condemnation are several

documents which include copies of the following: 40 Year Title Report; Agent’s log;





Appraisal; Appraisal Review; map; statement of just compensation; ownership record; and

any other documents that would be relevant for the attorney representing the agency. The

acquisition file should contain two copies of the appraisal, and two copies of the appraisal

review, along with two copies of the agents log and any other relevant information that the

AG’s office may need to review to properly prepare for the condemnation.

Providing that the Design-Builder has provided the appropriate documents with the

request for condemnation (including the title report, an error free legal description, and

error free map of the parcels) the Department will submit the completed Condemnation

Resolution to the AG’s Office after it has Approved the request for condemnation.

Legal Compliance. Complete and document all ROW activities in compliance with applicable laws

(including the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as

amended, the Utah Relocation Act, and other applicable rules and regulations). Prevent fraud, waste, and

mismanagement.

Communications. In all correspondence with the Department relating to acquisition of real property,

include the following information (at a minimum) in a heading:

County

Region

Project Name

Project Number

Pin Number

Highway Designation

Project Limits

UDOT Parcel Number(s)

Assessor’s Parcel Number(s)

Name-of-record owner(s)

Design Package/Electronic Summary

In each electronic summary or design package prepared and submitted for Department Approval, include

the following items:

Electronic Spreadsheet Summary: An electronic spreadsheet with the following

information:

Summary Submittal Number;

Pin Number;

Project Number;

Parcel Number;

Type of Granting instrument (fee, easement, etc.);

Name of owner(s);

Address of property owner;

Type of vesting deed;

County Recorder Entry, Book and Page for vesting deed;

County Tax ID#;

Section, Township and Range of Parcel;

Latitude and Longitude of Parcel;





Acreage and / or square footage;

Property type;

Contact information for licensed Land Surveyor in charge;

Document preparer to include the company contact information for the person

responsible for creating the ROW documents on the cover sheet of each ROW

submittal.

Conveyance Documents: Include:

Grantor Names, Caption, legal description, appropriate clauses,

acknowledgement, and prepared by information; and

The UDOT Approved form of the granting instrument (Deed, easement, etc.)

adequate to effect the desired acquisition of the parcel.

Right-of-Way Sheets: Provide 11x17 Plan Sheets as prepared by the Land Surveyor, and

Conveyance Summary Sheets for each summary package submitted. In addition, provide

11x17 plan sheets with aerial photography for each summary package if supplied by the

Project.

Ownership Record: An Ownership Record, verifying all owners and the percentages of

ownership, on a UDOT RW-51 form going back five years or until a Warranty Deed is

found. This must include the legal description of the full parcel along with the size of the

full parcel in acreage and/or square footage. Provide a copy of the vesting instrument as an

addendum to the ownership record.

Prepare Summary of Right-Of-Way (Form RW-53)

Submittal of Documentation: Deliver all reports, correspondence and documents relating

to ROW acquisition to the Department in both electronic and hard copy formats or as

otherwise requested by the Department.

Preliminary Title Reports

Closure Report including graphic representation of deed (Deed Plotter or similar).

14-3D. PROJECT-SPECIFIC SERVICES

General. Perform the following Project-specific ROW acquisition services:

Title Acquisition: As more fully described in the following subsections, provide all

services necessary to:

Acquire title of the ROW in the name of the Utah Department of Transportation in form

and substance acceptable to the Department;

Relocate displaces (i.e., displaced businesses and residents); and

Clear and/or demolish the improvements from the ROW, or as otherwise specified by the

Department, which may include improvements located on acquired properties but situate

outside the final ROW.

Regulations/Manuals: Access and comply with the UDOT Manual of Instruction Right-

of-Way Design, UDOT Right-of-Way Operations Manual, and maintain a current

approved ROW map.

Meetings: Attend ROW meetings as requested by the Department.





Letter to Property Owners: Provide a letter of introduction to each property owner

and/or occupant, as Approved by the Department, on Department letterhead stationery,

and signed by the UDOT ROW Oversight Manager or his/her designee.

Submittal of Documentation: Deliver all reports, correspondence, and documents

relating to ROW acquisition to the Department in both electronic format and as hard copy,

or as requested by the Department.

14-3D-1 Title Services

Title Company. Select and contract with one or more title companies approved by the Department.

Preliminary Title Reports. Preliminary Title Reports are to be obtained by the Design-Builder and are

required for all ownerships as part of the summary packages.

Title Exceptions and Exclusions. All owners of record need to sign the conveying document(s). If new

parties of interest are discovered during negotiations or vesting is other than what was indicated on the

original documents, the acquisition file shall be revised to include all corrected grantors and all appropriate

forms, deeds and other documents will be revised accordingly.

Title Insurance. Obtain title insurance on all fee acquisitions on the Department's behalf.

14-3D-2 Appraisal Services

General. Include the following for each ROW parcel acquired for the Design-Builder’s Convenience:

Appraisals: Provide the Department with a fair market-value appraisal prepared by an appraiser which

meets the minimum qualifications established herein, unless the parcel can be valued under the waiver

valuation provisions of the Uniform Relocation Act or the implemented URA regulations as described in

the UDOT Right-of-Way Operations Manual. The Department will pre-approve the use of the waiver

valuation on a per ownership basis. Waiver valuations are acceptable only for low-value, uncomplicated

valuations. The Department’s pre-approval of the use of waiver valuations may be requested on a per-

ownership basis; no offer may be made to a property owner based on a waiver valuation without

Department Approval. Provide the Department with the following items for review and Approval if using

waiver valuations:

Compensation estimate form printed out of Electronic Project Manager (ePM)

(Compensation must be Approved by the Department).

A copy of a spreadsheet breaking down the compensation.

A copy of the comparable's used (MLS sales on properties used to determine sales price).

This must show comparable zoning and use, dollar amount per square foot, size of the

comparable parcel, location etc.

Information regarding the size of the larger parcel of our subject property.

Pictures of the take and/or easement area. Provide pictures of any unique items that are

directly impacted (i.e. cost to cure items or improvements to be acquired).

A copy of the ROW map.

All appraisals of properties to be acquired in full, or which include a structure within the acquisition area

that may be occupied, must include an estimate of the market rental rate.

Regulations/Manuals: Prepare the appraisal in conformance with Law (including the Uniform Relocation

Assistance and Real Property Acquisitions Policies Act of 1970, as amended), and in accordance with

professional appraisal methods and applicable UDOT standards as described in the current UDOT Right-of-





Way Operations Manual.

Appraiser Selection. Select qualified, certified appraisers who are licensed by the State of Utah and on the

UDOT pre-approved ROW pool list. Obtain Department Approval of each appraiser and each review

appraiser that the Design-Builder plans to use for this project prior to engagement of services with same.

The Department reserves the right to reject any and all appraisal and/or review reports produced by

appraisers or reviewers who have not been previously Approved by the Department for this Project.

Pre-Appraisal Property Inspection. For properties which are improved with residential improvements

that will be directly impacted by the project provide a property (house, building, property, etc.) inspection

report, prepared by a qualified inspector, to the appraiser. The report must include documentation of all

deficiencies (i.e. mechanical systems, electrical systems, etc.) and comments about structural damages

observed by the inspector. The inspection report shall an all inclusive formal Inspection Report. Each

appraisal which includes the valuation of improvements, determined by the appraiser to have contributory

value (excluding, e.g. landscaping and minimal concrete flatwork), must include an Inspection Report,

unless the Department determines, on a case by case basis that a formal Inspection Report is not necessary.

The appraisal shall refer to the report, by reference, as part of the scope of the appraisal assignment.

Owner Contacts. Establish personal pre-appraisal contact with each owner of record and each occupant,

lessee, or tenant. Contact shall be in person and/or in writing. The written contact may be, but is not limited

to, the mailing of an introductory letter. Document all contacts using a form Approved by the Department.

Offer each owner of record, party of interest and any occupants, tenants and lessees or their designated

representatives, in writing, via certified mail return receipt, the opportunity to accompany the appraiser on

the appraiser’s inspection of the parcel. The appraiser shall maintain a record of all such contacts. Said

report shall be included with the appraisal in the acquisition file.

Appraisal Report. Prepare a complete summary appraisal report for each parcel that:

A. Complies with and includes all matters required by this Attachment 14-3 (Right-of-Way

Acquisition Procedures), and the UDOT ROW-related manuals and other applicable

standards included in Table 14-C-1;

B. Includes an ePM summary report;

C. Satisfies the requirements of the Appraisal Institute’s Uniform Standards of Professional

Appraisal Practices (USPAP) in effect at the time the appraisal is submitted;

D. Is in the form Approved by the Department;

E. Includes all pertinent special analyses, studies, or reports, including but not limited to a

Real and Personal Property Report, and/or an Inspection Report;

F. Includes (as an extraordinary assumption if necessary), for residential relocation purposes,

the following: Uniform Residential Appraisal Report; an opinion of the land value as a

typical residential lot; and listings of comparable available rental properties; and

G. Exclude compensation for any items that are being replaced by the Design-Builder such as

material for driveways in the easement areas. (Appraiser to verify what impacted items are

being replaced by the Design-Builder prior to determining cost to cure compensation)

Compensable Interests. For each parcel, provide the Department with copies of all written leases,

licenses, and other occupancy agreements to identify lessees, licensees, and other occupants with potential

compensable interests in each parcel to determine the value of each such interest. Include any outdoor

advertising leases if there is a billboard on the site which will be impacted by the project. The appraiser will

be required to evaluate the Leasehold interest and the Leased-fee interest as it pertains to the billboard, as





well as a depreciated cost for the billboard structure.

Environmental Concerns.

Documentation: Document the environmental condition of the required parcel(s), based

on field investigations and/or historical review and/or the project environmental permit,

and make documentation available to the appraiser(s). Develop the following report(s) for

the required parcel(s):

An Environmental Site Assessment (ESA) Phase I;

An ESA Phase II if the ESA Phase I determines that there is a potential

environmental risk; and

An ESA Phase III if the ESA Phase II report justifies it (including approximate

costs to remediate the parcel to achieve its current use and its highest and best

use).

Department Notification: Submit timely written notification to the Department of any

concerns that could require environmental remediation of or other special attention to

ROW parcels and/or additional properties.

Appraisal Updates. When required by the Department (e.g., for eminent domain proceedings or to

allocate values for ST parcels etc.), update appraisals and appraisal reviews.

Backflow Prevention. Examine local ordinances regarding requirements for meter supply backflow

preventors and/or other special conditions. In the appraisal report, consider the installation of any such

appurtenances on the parcel remainder as damage and include it as part of the compensation package to the

landowner.

Copies of Documents. When requested by the Department, provide copies of appraisal file documents as

may be needed to respond to discovery motions or requests for production.

14-3D-3 Appraisal Review

Appraisal Reviewers. Select a qualified appraisal reviewer that is independent from the appraiser and is

experienced in appraisal reviews for transportation projects. Select only one appraisal reviewer for the

Project to ensure report consistency and fairness unless there is a documented need to employ more than

one appraisal reviewer. The use of more than one appraisal reviewer may be allowed with justification at

the discretion of the Department.

Advertising Signs. Evaluate all outdoor advertising signs, as required, utilizing the appropriate forms and

sign schedule, and/or as instructed by the Department. If applicable, provide location and other information

about the signs which will enable the Design-Builder to provide all appropriate relocation assistance,

including advisory assistance and prescribed 90/30 Calendar Day notices to the owner of the signs.

Additional Reports. Determine, in consultation with the Department, whether additional appraisal reports

or technical expert reports are required. If so, initiate, review, and reconcile each report required.

Review of Appraisals. Review all appraisal reports for each parcel to determine their consistency of

methodology, supporting documentation related to the conclusion reached, and compliance with UDOT

standards, as defined herein and by standards and requirements imposed by Uniform Standards of

Professional Appraisal Practices (USPAP). Obtain from the appraiser written certification that all these

standards have been met.

14-3D-4 ROW Appraisal and Acquisition File Approval





UDOT ROW Oversight Manager. Before beginning ROW appraisal services, meet with the Department

ROW Oversight Manager.

14-3D-5 Final Right-of-Way Acquisition and Compliance

Legal Compliance. Conduct all negotiations in accordance with the requirements of the Law and

applicable regulations. Acquisition agents employed by the Design-Builder for this project may not be

required to be licensed Real Estate Agents in the State of Utah. However, all acquisition agents hired to

acquire real property for this project must be qualified agents Approved by the Department prior to

commencing acquisition activities on this Project. Provide acquisition assistance strictly in accordance with

the Law, including, but not limited to the Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970, as amended; the Utah Relocation Act.

Acquisition Agents/Negotiators. All agents working as acquisition agents or negotiators shall be qualified

and experienced. The Design-Builder and firm must obtain final Approval of each agent who will actually

work on the Project. All agents must be fully qualified to perform the duties assigned as described in the

Request for Qualification for ROW services. (The RFQ is available from the Consultant Services Page of

the UDOT Web Site. A link to the RFQ is also available from the ROW page of the Department’s website.)

Contact Reports. Prepare, in a format acceptable to the Department, a separate negotiator’s contact report

or agent’s log which will document each meeting or conversation with any person (or their appointed

representatives) who has a compensable interest in each parcel. All contacts must be noted in the agent’s

log which shall be available for view by the agency on a daily basis. The log entries are to be entered into

the UDOT ROW ePM module as required by UDOT standards, as documented in the UDOT Right-of-Way

Operations Manual, on a daily basis as applicable.

Brochure(s). Produce informational brochure(s) for distribution to all property owners, tenants, lessees, or

other parties of interest and to actual or potential displacees. Prior to creating, coordinate with the

Department to determine if a brochure will be used. Prior to distribution, submit brochures to the

Department and obtain consent to use brochures.

Presentation of Offer. Within 10 Calendar Days of the Department’s establishment of just compensation,

the agent shall prepare the offer to purchase and other required documents as part of the acquisition file.

Once prepared, the agent shall present in person (when practicable) the purchase offer with the appraisal

report on the subject property and applicable brochure(s), to, and only to, the property owner(s) or owner’s

designee. If the offer is presented by mail or e-mail, the agent shall explain in the agent log why the offer

was not presented in person. Document the delivery of the appraisal report with a receipt signed by the

property owner or designee. Upon acceptance of the purchase offer, maintain follow-up contacts as

appropriate to secure any supplemental documentation needed to facilitate the closing.

Negotiating for Compensable Interests. Identify lessees, licensees, occupants, or other parties with

potential compensable interests and if appropriate, after consultation with the Department, negotiate with

such parties for the acquisition of their compensable interests. Provide timely response to the verbal or

written inquiries of any property owner, lessee, licensee, occupant or other holder of a compensable interest,

as applicable, not more than 10 Calendar Days after the inquiry.

Acquisition Files. Maintain a complete acquisition file for each ownership. All original documentation

related to the purchase of the real property interests will be maintained either in conjunction with or

separate from the relocation files in conformance with UDOT standards, manuals, and procedures and as

specified herein. The Design-Builder must maintain all acquisition and relocation agent’s logs in the

UDOT ePM ROW module. If a separate relocation file is set up and maintained, that file must contain a

copy of all pertinent information from the acquisition file, sufficient to satisfy the needs of the relocation





agent, the Design-Builder reviewing agent, and the UDOT ROW Oversight Manager or designated

Department review person. The acquisition file must also include a reference to any relocation of displaced

persons who occupy any parcel within the ownership. The file must include a copy of any relocation studies

that are completed prior to the initiation of negotiations for the purchase of the subject property. The agent

log must include any information about relocation assistance provided to the occupants including advisory

assistance. Forward the signed original documents to the UDOT Project ROW Coordinator. The UDOT

Project ROW Coordinator will update the ePM system with receipt dates for all documents and files

received from the Design-Builder. The UDOT Project ROW Coordinator will also confirm that all files are

complete and ready for Department review. The file and all forms to be Approved must be forwarded to

the Department for required review. All contracts, agreements, claims, must be Approved by the UDOT

Director of Right-of-Way.

UDOT Project ROW Coordinator. All documents and files including appraisals, appraisal reviews,

waiver valuations, acquisition files, relocation files, claims, invoices etc., shall be submitted through

ProjectWise to the designated UDOT Project ROW Coordinator as per the Right-of-Way ProjectWise

Guide (http://udot.utah.gov/main/uconowner.gf?n=5373623069996747 )

Administrative Settlement. If a settlement cannot be reached without an administrative settlement, advise

the property owners, and other holders of compensable interests, or their representatives of the

administrative settlement process. In all dealings with property owners and other holders of compensable

interests, clearly represent and maintain that the UDOT Director of Right-of-Way or his designee has the

ultimate decision authority regarding any settlement requests. All offers are nonbinding on the Department

unless, or until the contract is approved by the UDOT Director of Right-of-Way or his Deputy. Confer with

and deliver to the UDOT ROW Oversight Manager any settlement request from property owners, lessees,

licensees, occupants, or other holders of any compensable interest, as applicable, including a detailed

recommendation from the Design-Builder in accordance with standards, manuals, and procedures as

defined herein. Deliver the administrative settlement request and the Design-Builder’s recommendation to

the Department within 5 Working Days of receipt of the request.

Second Appraisals. If a property owner requests a second opinion of value or second appraisal the owner

is to seek assistance from Utah’s Office of the Property Rights Ombudsman. The Design-Builder will pay

for a second appraisal if directed to do so by the Ombudsman. In certain circumstances the Department

may request the Design-Builder to pay for an additional appraisal without being directed to do so, but this is

at the discretion of the agency and must be pre-approved by the UDOT ROW Oversight Manager, or the

UDOT Director of Right-of-Way.

Evaluation of Settlement/Mediation or Arbitration Requests. If requested by the Department,

participate in the evaluation of administrative settlement requests and attend the settlement, mediation or

arbitration meetings. Prior to the meeting, report to the Department any pertinent issues concerning the

property including information about any and all leases as identified in a current title report and provide the

Department with a copy of identified leases or other encumbrance documents. If the property is subject to a

lease, determine the remaining lease term, rents collected and/or security deposits held by the grantor.

Provide applicable information about any other liens or encumbrances applicable to the subject property

including but not limited to property taxes paid. When the Department has made its findings, if requested

by the Department, provide a letter of response regarding the administrative settlement findings to the

property owner, lessee, licensee, occupant, or other holder of a compensable interest, as applicable. Deliver

all such response(s) within five Calendar Days of receipt of findings. If the findings letter is delivered by

mail, it shall be sent certified with return receipt requested.

Final Offer Letter. Subject to the Department’s prior written Approval, prepare and deliver the “Four

Options Letter” to the property owner, lessee, licensee, occupant, or other holder of any compensable

http://udot.utah.gov/main/uconowner.gf?n=5373623069996747





interest, as applicable. This “Four Options Letter” will be the Final Offer Letter submitted by the

Department to the property owner, lessee, licensee, occupant, or other holder of any compensable interest,

as applicable. The “Four Options Letter” shall be on the UDOT designated ROW letterhead and shall be

signed by the UDOT ROW Oversight Manager.

Conveyance Documents. Prepare and deliver documents of conveyance (including bisection clause and

access clause, if applicable) to the property owner, lessee, licensee, occupant, or other holder of any

compensable interest, as applicable, and obtain their execution of the same. Obtain notarization of all

signatures on documents to be recorded, in accordance with Utah law.

Deliver the original recorded conveyance document or documents to the UDOT Project ROW Coordinator.

Upon receipt, the UDOT Project ROW Coordinator will log in all conveyance documents received from the

Design-Builder into the UDOT’s ePM ROW module.

Right-of-Occupancy Agreement. As a last resort, prior to submitting the file to the Department

requesting a condemnation, secure a “Right-of-Occupancy Agreement” (ROOA) between the record title

owner(s) and the Design-Builder. The ROOA shall grant the Department and the Design-Builder and/or

assignees permission to enter and occupy the parcel. If the Design-Builder’s best efforts could not result in

a negotiated contract agreement or the Design-Builder cannot secure a ROOA, provide documentation

acceptable to the Department that specifies the conversations, correspondence, and all other efforts made to

secure the agreement.

The Design-Builder must provide an action plan to the Department describing what steps will be taken to

secure a contract or ROOA. The action plan and ROOA must be presented and approved by the

Department before the Design-Builder enters or commences construction on the subject parcel.

Right-of-Entry. Secure a Right-of-Entry, for the purpose of constructing driveway tie in’s or other

features that benefit the property owner, but which are not required for the project. A Right-of-Entry is only

applicable and approved for use when these construction features can be eliminated from the project if

permission to enter and construct is not granted by the property owner or his or her designated

representative.

Expediting ROW Acquisition. Remain open to all reasonable settlement requests from property owners

that are feasible, help expedite the ROW acquisition process and comply with the regulations as outlined

herein . Note that the Department encourages all positive and creative solutions that satisfy the property

owner, promote the success of the Project, and are fiscally responsible.

Mediation and/or Arbitration. The Department encourages the use of mediation and/or arbitration as a

means for alternate dispute resolution. We encourage all attempts to mediate or arbitrate value or relocation

issues in compliance with the Utah Office of the Property Rights Ombudsman.

14-3D-6 Closing Services

Perform closing services, as discussed below:

Request for Funding. Prepare a request for funding in accordance with the UDOT Right-of-Way

Operations Design, or as directed by the Department.

Closings. Attend closings as needed and as requested by the Department. Provide curative documents and

exhibits as required and in conjunction with the applicable title company, if the closing is to be closed using

a title company. For partial acquisitions, closings will be completed by the Design-Builder unless the

Department determines, on a case by case basis, that the Department will be responsible for the closing.

The Design-Builder may need to obtain a partial release of a lien or liens. In those cases, closings will be

completed by the title company.





If the property is tenant occupied, the negotiator shall obtain a copy of the lease, security deposits and pro-

rated rents. If the tenant has not paid a security deposit, the Department will withhold a 1% key/security

deposit from the property owner’s proceeds from the sale of the property to the Department. If the property

is to remain occupied by an owner-occupant, a key/security deposit is to be withheld. Notify the

Department at least five Calendar Days in advance of all closing appointments. Obtain a set of keys to the

property prior to or at said closing, and confirm prior to closing that all conditions of closing have been met.

The Agent is also required to complete the Property Management Tenant Occupant Form. For Owner

Occupied Property the Agent must complete the Property Management Owner Occupant Form. All required

forms must be included in the acquisition file when the acquisition file is submitted to the Department for

execution of the purchase contract.

14-3D-7 Relocation Assistance

Legal Compliance. Provide relocation assistance strictly in accordance with the Law, including, but not

limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as

amended; the Utah Relocation Act; and UDOT policies and procedures as described in the UDOT Right-of-

Way Operations Manual.

Written Notice. Provide written notice of relocation assistance and a relocation assistance brochure to all

potential displaced property owners, lessees, licensees, occupants, other holders of compensable interests

and other potential displacees. Base the relocation assistance brochures on the Relocation Assistance

Brochure on the Utah Office of the Property Rights Ombudsman website at Propertyrights.utah.gov.

Interviews. Conduct relocation interviews with potential displacees, discussing general eligibility

requirements, programs, and services, then complete and maintain interview forms; and with potential

displacees, maintain a written daily record of all verbal contacts in the agent’s log as part of UDOT’s ePM

ROW module record.

Ineligible Occupants. Give written notice of the pending acquisition to any occupants believed to be

ineligible for relocation assistance. Direct potential displacees to submit written eligibility questions to the

Design-Builder ROW Coordinator. The Design-Builder ROW Coordinator will forward questions received

to the UDOT ROW Oversight Manager or designated review person with a recommended answer to each

question.

Relocation Assistance. Contact and provide relocation assistance to those parties affected by the ROW

acquisition and complete necessary forms for all displacees, as required. Provide sufficient advisory

assistance to those actually displaced as well as to those affected by the Project in compliance with

applicable regulations and UDOT Policies and Procedures. Utilize the Department standardized Right-of-

Way Division ePM forms or forms pre-approved by the Department if those forms are not available from

ePM.

Relocation Sites. Locate, evaluate, and maintain files on comparable available housing, commercial, retail,

and industrial sites, and make these information files available to displaced persons or persons not

displaced, but who are adjacent to or affected by the project.

Supplements. Compute and submit requests for relocation payments, including Replacement Housing

Payments (RHP), and rental housing RHP’s to the Department, using a form with a format approved by the

Department. Obtain Department approval of all relocation benefits prior to presenting relocation notices of

eligibility or housing studies to the displaced person.

Relocation Eligibility Notices. Relocation assistance and Notices of Eligibility must be signed and

approved by a qualified Relocation Agent as designated by the Design-Builder. Said Agents shall be pre-

approved by the Department. The Design-Builder must obtain final Approval from the Department of each





Agent who will actually work on the Project. All Agents must be fully qualified to perform the duties

assigned as described in the RFQ for Right-of-Way Relocation Services. (A copy of the RFQ is available on

the UDOT Web site).

Inspection. Verify that all replacement housing, as selected by the displacees is decent, safe, and sanitary

(DS&S). Perform a DS&S inspection of the selected replacement residence, using a form pre-approved by

the Department. No RHPs (including the RHP, Incidental Expenses and MIDP) shall be released to the

displaced person unless or until the replacement property has met the DS&S requirements, unless expressly

and specifically approved by the Department.

Moving Personal Property. For relocation of personal property from a residential property which is

owner or tenant occupied, prepare a Scheduled Move cost estimate. If the displaced person elects to claim

reimbursement for a commercial move, the displacee shall obtain at least two moving cost estimates from

qualified, publically recognized commercial moving companies, unless two bids are determined to be

unnecessary by the Department. (If needed, the agency reserves the right to have the Design-Builder obtain

a third bid.) The Agent shall also prepare a moving plan with appropriate photographs, sketches and, as

needed, an inventory of personal property to be moved. Coordinate moves with displacees and moving

companies in compliance with UDOT policies and procedures, and the Uniform Relocation Assistance and

Real Property Acquisitions Policies Act of 1970, as amended.

For the relocation of personal property from a Non-Residential property, the Agent and the displacee are to

obtain a minimum of two bids from qualified moving companies, unless otherwise directed by the

Department.

Prior to obtaining the bids, the agent shall prepare a moving plan with appropriate photographs, sketches

and an inventory of all personal property which is to be moved. This inventory should be prepared by the

displacee, however if needed, the inventory can be prepared by the agent. The agent and the displacee shall

review the inventory list to verify that it is accurate. Both the Agent and the displacee must sign the

inventory list agreeing to its accuracy. Once prepared, the inventory is to be provided to the moving

companies to assure that they will prepare consistent and comparable bids for the move and for all

associated mechanical, electrical, plumbing and other reasonable and necessary expenses of the move.

The agent shall monitor the move. All moving expenses must be documented and pre-approved by a

qualified Agent and by the Department. The maximum eligible amounts should be stated on the displacee’s

Notice of Eligibility.

Relocation Contact Logs. Maintain relocation contact logs, also known as the agent’s relocation log, in a

format approved by the Department and as directed by the Department using the UDOT’s ePM ROW

module. If the same agent performs the duties of the acquisition agent and relocation agent, the agent’s log

may contain a daily record of both acquisition and relocation contacts. When the log has been completed

the agent shall sign and date the log and verify that the contact report is a complete and accurate record of

all contacts with the owner and/or displaced persons of the subject property.

Closings and Payments. Attend all closings on replacement properties, if requested by any party involved,

and ensure that supplemental payments, if any, are properly distributed. Make all residential RHP’s, except

moving expense payments, payable to the title company, to be retained by the displaced person for the

benefit of the displaced person. All RHP’s must be applied to the purchase of the qualified replacement

residence only. As required, process and compute increased interest payments on the mortgage of owner-

occupied dwellings. (Note: Relocation payments are reimbursements of actual expenses incurred. As such,

they are not to be released without proof of the qualified expenditure(s). Receipts and invoices must be

filed once the replacement home has been purchased or rented, and the move has been completed. If funds

are advanced based upon estimated expenses, any overpayments must be refunded in full to the agency

within 20 Calendar Days of the move from the displacement property and/or from the date of closing on a





replacement property purchase.)

For RHPs, a final closing statement or HUD-1 statement shall be submitted to the Department upon the

closing of the purchase of the replacement residence.

Notices to Displacees. For Residential property: Deliver to displacees a 90 Calendar Day Notice

simultaneous with the delivery of the relocation Notice of Eligibility and the Supplemental Housing Study.

The notice and the study must identify the location of the comparable property used to compute the RHP.

For non-residential property: Deliver to the displaced person a 90 Calendar Day Notice simultaneously with

the written offer to purchase. Note that this notice is advisory only.

A 30 Calendar Day Notice to vacate shall subsequently be delivered to the displaced person when the

required vacate date is known, unless the person has already vacated the displacement property. This

Notice may not be sent any earlier than 60 Calendar Days from the date the initial 90 Calendar Day Notice

was delivered. For all Notices, the Agent must enter the date that the notices were presented into the

appropriate locations in the ePM system, and include this information as part of their agent log. Copies of

all written notices must be retained in the applicable acquisition and relocation file.

If a displacee has not moved after the 30 Calendar Day Notice expires, immediately notify the Department’s

ROW Oversight Manager and prepare a written recommendation to facilitate the displacee’s move.

For condemnation purposes, the 30 Calendar Day Notice should be sent to the displaced person(s) when the

condemnation resolution is submitted to the Attorney General’s Office, provided that at least 60 Calendar

Days have elapsed since the 90 Calendar Day Notice was delivered to the displaced person.

Eviction Proceedings. Assist the AG’s office with any eviction proceedings.

Legal Proceedings. Be available for any legal proceedings, such as appeals or hearings.

Securing Vacant Properties. After a property acquisition and relocation has been completed, coordinate

the final walkthrough of the vacated property with UDOT Property Management. Secure the dwelling

and/or other structures no later than 24 hours after vacancy, and protect the property acquired. The

Department will complete their salvage of the property within 20 Calendar Days of the final walkthrough.

After the 20 Calendar Days have passed, the property will be turned over to the Design-Builder. The

Design-Builder is responsible for maintenance and care of properties acquired by, or turned over to the

possession of the Design-Builder for the duration of the Project.

Displacee Files. Maintain a complete file, separate from acquisition files, on each displacee, if appropriate,

and as needed. If a separate relocation file is set up and maintained, that file must contain a copy of all

pertinent information from the acquisition file, sufficient to satisfy the needs of the relocation agent, the

Design-Build reviewing agent, and the UDOT ROW Oversight Manager or the designated Department

review person.

Eminent Domain and Relocations. For any parcel referred to the AG’s office for eminent domain

proceedings, that has a relocation issue, notify the AG that a relocation offer has been made. Include in the

documents sent to the AG, a copy of all relocation notices including the Notice of Eligibility and the 90

and/or 30 Calendar Day Notices that have been delivered to the displacee. Also, include a record of all

payments that have been made to the displacee. Advise the UDOT ROW Oversight Manager and the AG’s

office if there are any contacts with or from the displacee after the case has been submitted to the AG for

condemnation. Forward the complete agent log to the AG’s Office immediately after each contact.

The displacee may request the assistance of the Utah Office of the Property Rights Ombudsman for

relocation issues.

All correspondence to the displacees or their representative(s) that are prepared and sent by the Design-





Builder will be prepared on the Design-Builder’s designated letterhead and will be signed by the Design-

Builder’s Project ROW Relocation Specialist. Copies of all correspondence shall be retained in the

acquisition/relocation file. Correspondence prepared and sent to the displacees, or their representatives,

using Department letterhead must be signed by the UDOT ROW Oversight Manager or his/her designee.

Relocation Payments. Prepare relocation payment claim submissions for all displacees and all relocation

assistance benefits using prescribed and approved forms with all appropriate funding codes. Deliver to

each displacee the relocation assistance payments in compliance with separation of function, conflict of

interest, and provisions of the UDOT Right-Of-Way Operations Manual and the Uniform Relocation Act.

14-3D-8 Administration and Management of Right-of-Way

Property Security, Clearance and Demolition of Right-of-Way. After acquisition or possession of any

parcel of ROW, secure and protect all buildings, improvements, and fixtures until they are disposed of or

demolished. Mow the grass and board up and winterize the buildings as required by the Department or

applicable law.

Salvage Rights. See UDOT ROW Operations Manual.

Personal Property. Coordinate with the owner and occupants to ensure the clearance of personal property

from the ROW, as applicable. Provide written notification to the Department of any real and/or personal

property remaining on the ROW after being vacated by the occupants that was not acquired under the

acquisition. Upon approval by the Department or the Design-Builder, if an item of personal property is

allowed to be left onsite after the property has been vacated, the grantor or prior owner of the personal

property must provide the Department, in care of the Design-Builder, with a bill of sale and, if applicable,

title to the vehicle or other item abandoned and left in place.

Pest Control. Provide for any insect and rodent control and initiate extermination as required to rid the

acquired properties, as applicable, from infestations.

Governmental Approvals. Secure governmental approvals required for demolition and environmental

surveys or tests, and notify the Department in writing of all such activities.

Documentation. Prepare all necessary documentation for disposal of improvements, fixtures, and

buildings, in accordance with applicable laws, and submit the same to the Department.

Utility Service. Terminate all utility service(s), when appropriate, and notify the UDOT Property

Management.

Demolition/Removal Requirements. Process all required forms, documents, and permit applications, as

applicable, in order to proceed with the timely demolition or removal of any and all improvements,

buildings, and fixtures located on the acquired properties.

Improvements. Demolish and/or remove all improvements necessary for construction of the Project and/or

as directed by the Department.

A. Documentation:

Document the disposal of improvements, fixtures, and buildings in accordance with

applicable Laws and submit documentation to the UDOT Project ROW Coordinator.

Department Notification. Notify the Department, as applicable, upon completion of the demolition and

clearance of the ROW.

Parcel Files. Maintain parcel records on file of all aspects of the acquisition process, in accordance with

applicable law. Each parcel file and ownership file or relocation file shall include all documents required by

the RFP, FHWA, and/or the Department.





Expense Reports. If needed, and requested by the Department, provide monthly summary reports of

project right-of-way expenses, including amounts authorized, amounts paid, and budget forecasting on a

parcel-by-parcel and overall project basis.

Projected Funding. The Design-Builder ROW Project Coordinator will be required to prepare and submit

the R-709 (Right-of-Way Cost Estimate) form to the UDOT ROW Oversight Manager, with the appropriate

attachments and update ePM (screen 740 in the UDOT’s ROW ePM module), as applicable, with all

projected ROW expenses. Posting shall be prior to the commencement of the acquisition processes.

Subsequent postings will also be required if there are subsequent changes to the projected ROW budget.

Provide budget projections and anticipated funding requirements every 30 Calendar Days, or more

frequently, as requested by the Department UDOT ROW Oversight Manager.

Status Reports. Maintain and electronically transmit to the Department, in a format acceptable to the

Department, weekly status reports of all parcels and activities related to ROW acquisition, as outlined in

this Attachment 14-3 (ROW Acquisition Procedures).

Correspondence. Provide copies of all incoming and outgoing correspondence, as requested.

Sub consultant Reports. Evaluate and report subcontractor status and performance on an ongoing basis in

UDOT’s ePM ROW module (Screen 760).

14-3D-9 Cost Responsibilities of the Design-Builder

ROW Costs. The Design-Builder shall be responsible for paying all costs associated with all ROW

design packages, for processing and issuing all payments of agreed purchase prices or awards;

relocation assistance payments; and all legal, administrative, and incidental expenses of, or related to,

the Design-Builder’s additional properties, temporary construction easements, and other interests in real

property acquired for the Project.

If additional ROW will be required to implement a Design-Builder’s ATC, the Design-Builder

acknowledges and agrees to the following:

Design-Builder shall be solely responsible for all costs associated with the acquisition of

any such ROW, including the cost(s) thereof, and for obtaining any necessary

environmental approvals;

Any additional ROW shall be purchased by the Design-Builder for the Project, with final

title reflecting the UDOT as owner;

Design-Builder shall not be entitled to any Change Order for time or money as a result of

site conditions (e.g., hazardous materials, differing Site conditions, geotechnical issues,

Utilities) on such additional ROW; and

Design-Builder shall not be entitled to any Change Order for time or money as a result of

any delay, inability, or cost associated with the acquisition of such ROW.

14 RIGHT OF-WAY 14A. GENERAL 14B....

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