This is a new specification. With 107.11, the Department has more control over ODOT Right of Way.
This section compiles the requirements for sections: 104.03 Rights in and Use of Materials Found on the Work, 105.16 Waste and Borrow Areas and 105.17 Construction and Demolition Debris.
Under 104.03 “Rights in and Use of Materials Found on the Work,” the Contractor has the right to all materials found in the contract work. However, the Contractor does not have the right to materials outside the plan work. For example, the Contractor does not have the right to rock found outside the cross section work. On the other hand, if the Contactor finds rock within the cross section, they can use the rock for other items of work.
In order for the Contractor to have the “fee free” right to the material, the Designer needs to detail borrow and/or waste areas in the plans prior to bid. If the locations are not shown and the Contractor receives approval to borrow and/or waste on ODOT property then a charge of $ 0.50 per cubic yard will be assessed. When borrow and/or waste areas are shown on the plans there is not a charge for the material.
This requirement was put into the specifications to even the bidding process for all Contractors.
All of the environmental requirements in 105.16 Waste and Borrow Areas and 105.17 Construction and Demolition Debris apply to on site locations. The exceptions to these requirements are detailed in 105.16 “Waste and Borrow Areas” of this manual.
All borrow and waste location requests on the right-of-way need the District Office of Production approval. The guidance document for the approval can be found at the following link:
http://www.dot.state.oh.us/roadwayengineering/stds_publications/LDM/ref_waste_borrow_apr02.pdf
The District Office of Production will look at the following during the approval process:
1. Safety Grading and Clear Zone.
2. Sight Distances.
3. Future Expansion.
4. Environmental Regulations (404, 401,NPDES etc.), (See Environmental Approval in 105.16 “Waste and Borrow Areas” of this manual.)
5. Public Commitment.
6. Effects on Utilities.
7. Stability (See Stability and Settlement) in 105.16 “Waste and Borrow Areas” of this manual.
As this process evolves, there may be changes to this criterion.
The use of ODOT property for portable plants is restricted under this section of the specifications. Production may detail potential locations on the plans. If the locations are detailed on the plans then the location is fee free. If the location was not shown in the plans and the site is approved by the district for use then the Department will consider this change a Value Engineering Change Proposal.
There are four issues detailed in C&MS 107.11.C. The noise ordinances and EPA permits need approved the District Environmental Coordinator. The traffic plan needs approved by District Production.
The “fee free” use of Project Right-of-Way for staging, equipment storage, and/or office site is granted in this section.
The only restrictions are that these locations do not interfere with the work and are not otherwise restricted in the contract documents.
It is the intent of this section to recommend minimum documentation and critical inspection requirements for the above sections. All of the following documentation requirements need recorded in the project daily reports. References to the appropriate laws, specifications, and proposals and plan notes or details for all the inspector reports are required. Specifications or other requirements waived by the Project Engineer shall be noted on the daily diaries.
Regulated waste work may be inspected and documented by the District Environmental Coordinator (DEC), District Hazardous Waste Coordinator (DHWC) or Regulated Waste Project Engineer (RWPE). When the inspection is required by these individuals it will be denoted below.
In addition, clearances or reviews need to be performed by other offices or individuals in the Department will be denoted. These are as follows, District Office of Production (DOP), Office of Geotechnical Engineering (OGE).
1. Contractors operational plan approval.
2. Stability and Settlement (OGE).
3. NPDES Permit and Erosion Control (DOP).
4. 404 and 401 Permit or Evaluation (DEC).
5. Flood Plain Clearance (DEC).
6. Cultural Resource Clearance (DEC).
7. Open Burning Permit (DEC).
8. Any Disposal Requiring Manifesting (DEC, DHWC or RWPE).
9. Construction and Demolition Debris
a. Determination if Clean hard fill or Construction Debris.
b. Quantities and locations of material leaving and filling on the site.
c. Seven day notice to the local board of health or OEPA.
d. Record quantities going to the C & D landfills.
i. Manifest properly (DEC, DHWC or RWPE)
10. Landscape Wastes.
a. Record quantities and locations of materials leaving and buried on site.
b. Record what happened to the rest of the material.
i. Recycled.
ii. Reused.
iii. Manifest Properly. (DEC, DHWC or RWPE)
11. Open Burning.
a. Obtain a copy of the permit.
b. Is the smoke causing a hazard?
c. Is the burning at the correct time?
d. Is an Air Curtain used?
e. Are there any fire hazards?
12. Proper Disposal of RPCC.
a. Three foot cover on top.
b. Eight foot cover on the sides.
c. Core mixed with 30 percent soil.
d. Is the fill stable?
13. Contractor Use of the Right of Way.
a. Approval (DOP)
b. All clearances. See 3 thru 7 above.
c. Fifty cents a cubic yard or free.
d. Portable Plant Approval (DOP)
14. Cross section the site if required for payment.
a. Wasting
b. Borrowing
15. Owners permission statement.
a. Material not the Departments.
b. ODOT not a part of the agreement.
c. ODOT held Harmless.
16. Restoration.