GLOSSARY. Acquisition The process of obtaining right of way necessary to construct or support your project.

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1 GLOSSARY Access Rights Power of Government to restrict/control a property owner s right to create entrances and exits on a public road. After a roadway is designed, built, and in use, there will be instances in which someone will request permission to create a driveway or entrance onto the roadway. These requests require consideration of local access control regulations, potential impacts to the roadway, and safety and capacity that a new entrance will create. Access rights cannot be denied or unreasonably be restricted unless other access is available. If it is not, compensation is paid for this restriction of access. Acquisition The process of obtaining right of way necessary to construct or support your project. Betterment Any upgrading of the facility being relocated that is not attributable to the highway construction and is made solely for the benefit of and at the election of the utility. Bundle of Rights Ownership of real property includes a great many rights, such as the right of occupancy and use, the right to sell it in whole or in part, the right to bequeath, and the right of transfer by contract for a specific period of time. It is also referred to as the benefits to be derived by the occupancy and use of the real estate. Categorical Exclusion (CE) A classification given to Federal-aid or hundred percent (100%) Statefunded projects or actions that do not have a significant effect on the environment either individually or cumulatively. Once a categorical exclusion is approved for a project, environmental clearance requirements of the National Environment Policy Act (NEPA) have been satisfied. Clean Air Act Amendments (CAAAs) Federal legislation passed in 1990 to change both Federal and State approaches to regulating air quality; mandating programs to curb acid rain, urban air pollution, and toxic air emissions. The CAAA s call for emission reduction measures in air quality non-attainment areas, including the consideration of transportation control measures (TCMs) as part of transportation improvement projects. Projects in attainment areas may not increase the number of vehicle miles traveled (VMTs); the number of cars on the roadways must be reduced by encouraging drivers to use mass transit, ride sharing, and car-pooling. Comprehensive Plan - The general, inclusive long-range statement of the future development of a community. The plan is typically a map accompanied by description and supplemented by policy statements that direct future capital improvements in an area. Conflict of Interest - (CFR 1.33) No official or employee of a state or any other governmental instrumentality who is authorized in his official capacity to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any contract or subcontract in connection with a project shall have, directly or indirectly, any financial or other personal interest in any such contract or subcontract. Constraints - Significant resources, facilities or other features of a study area located in or adjacent to an existing or proposed transportation corridor that serve to restrain, restrict, or prevent the ready Page 1 of 10

2 implementation of proposed transportation improvements in a given area; may include natural or physical resources, important structures, manner of payment and various administrative requirements. Construction Monitor (CM) - The DCE-appointed ODOT employee responsible for primary construction administration coordination with the LPA and its designated employees, engineers and contractors on Local-let projects. Construction Project Engineer (CPE) - The LPA designated Professional Engineer in responsible charge of construction contract administration and inspection for the locally-administered construction project. Council On Environmental Quality (CEQ) Regulations - Directives issued by the Federal Council on Environmental Quality (40 CFR ) that govern the development and issuance of environmental policy and procedures for Federal-aid actions by public agencies. The regulations contain definitions, spell out applicability and responsibilities, and mandate certain processes and procedures to be followed by State agencies that administer Federal-aid programs. Damages - The loss in the value of the remainder in a partial acquisition of a property. When the LPA acquires a part of an owner s property, the acquisition, planned use, or construction may cause a loss in value of the remaining property. Damages may also extend to adjoining properties in which the property owner has an interest. Normally, the value of the damage is based on a before and after appraisal or on the cost to cure. A property owner is entitled to payment of damages and receives this payment as a part of the payment of just compensation. Dedication - Pursuant to the police power of government, this involves the setting aside of property for public use without compensation as a condition precedent to the granting of a permit, license, or zoning variance by a LPA. The property owner must initiate contact with the LPA for a request to develop before the LPA can proceed with dedication requirements. Design Project Engineer (DPE) - The LPA designated Professional Engineer in responsible charge of project s design and preparation of plans and specification for the locally-administered project. Disadvantaged Business Enterprise (DBE) - A Federal program that ensures equal opportunity in transportation contracting markets, addresses the effects of discrimination in transportation contracting, and promotes increased participation in Federally funded contracts by small, socially and economically disadvantaged businesses, including minority- and women-owned enterprises. All Federal-aid projects are subject to the legislative and regulatory DBE requirements which provide that a percentage goal of contractual labor and materials be supplied by DBE business enterprises. District Construction Engineer (DCE) - The individual responsible for all FHWA and State construction project administration within an ODOT district. District Engineer of Tests (DET) - The individual responsible for all FHWA and State materials management administration within an ODOT district. Page 2 of 10

3 District Environmental Coordinator (DEC) - The individual(s) appointed with primary environmental coordination and compliance responsibilities for project development activities for an ODOT district. District LPA Coordinator - The individual(s) serving as the ODOT district s point of contact responsible for providing guidance and coordination to the LPA throughout the project s entire development process, including actively tracking and facilitating project progress to the extent practicable. Other district personnel are to provide assistance as applicable. Donation - The voluntary conveyance of real property without compensation which may be utilized for an improvement project. Donations of future right of way can only be accepted if the offer to donate is done voluntarily by the property owner who is advised of the right to receive an appraisal but signs a written waiver of the rights to be compensated. Right of way that is donated must also receive an environmental clearance even if no other right of way or rights in real property are required for the project. Easement - The right of privilege to use real property (including access rights) distinct from the ownership of real property. There are a number of types as follows: Highway Easement - A right of rights granted or taken for the construction, maintenance and operation of a highway which does not transfer fee title. Slope, Drainage or Utility Easement - Easements for these purposes, covering areas which will either remain permanently under the acquiring LPA control, or be relinquished, or conveyed to utility owner by agreement. Temporary Easement - An easement covering an area which is required for a limited period. On a specific date, all of the acquiring LPA s interest in the area is terminated. An example is a temporary (construction) easement which is used when the LPA must enter a property for temporary use during construction of the project. There must be a specified time period for which the temporary rights exists which is sufficient to allow for delays in advertisement of the project and for the anticipated construction order of work. Eminent Domain - The inherent power reserved by government to acquire private property rights by due process of law when the necessity arises. When exercising this right, two basic requirements must be met: 1) the use must be public, and 2) just compensation must be paid to the owner prior to taking possession of property. Encroachments - A situation which usually occurs when items such as a house, sign or well are discovered to be on the owner s property illegally or without permission. Environmental Justice - Efforts to avoid disproportionately high and adverse impacts on minority and low income populations with the respect to human health and the environment. Page 3 of 10

4 Environmental Mitigation - The act of lessening the damages to the surrounding area and its inhabitants which are attributable to the proposed project. These damages can be lessened by acquiring alternate sites to replace wildlife habitat or wetlands, or by building sound walls for noise attenuation. Page 4 of 10

5 Environmental Site Assessment (ESA) - An environmental study conducted to assess the potential for contamination of a property or panel with hazardous substances. The process by which a person or entity seeks to determine if a particular parcel of real property including improvements has been impacted by hazardous substances and/or petroleum products. Fair Market Value (FMV) - The generally held to measure of just compensation, and hence the need for an appraisal. The owner must be compensated for property which has been taken as well as damages incurred to what is left of the property. Market value is typically an estimate of the price a property would most likely sell for in the market between knowledgeable parties acting without duress. Farmland - As defined by the Farmland Protection Policy Act, farmland means prime or unique farmlands as defined in Section 1540(c)(1) of the Act or farmland that is determined by the appropriate State or Local government agency or agencies with concurrence of the Secretary of Agriculture to be farmland of statewide or local importance. Such land may include more than actual cropland (i.e., it may include fallow or abandoned cropland, grazing land and forested land). It does not include land already in or committed to urban development or water storage, thereby excluding developed land with a density of 30 structures per 40 acre area; lands identified as urbanized area (UA) on the U.S. Census Bureau Map; lands shown as urban area (i.e. mapped with that tint overprint ) on USGS topographic maps; lands shown as urban-built-up on the USDA Important Farmland Maps (available only for a few counties in Ohio); and all assessment criteria on the Farmland Conversion Impact Rating Form. Fee Simple - An absolute ownership without limitations or restrictions but subject to the inherent powers of government, i.e., eminent domain, escheat, police power and taxation. Field Review - A site visit conducted to gather or verify data, define scopes of work, perform analyses, and make decisions for specific projects. Final Design - The development of detailed working drawings, specifications, and estimates for transportation projects. Final design follows the receipt of necessary design and/or environmental approval, and it includes right of way acquisition and utility relocation. Finalization Package - A packet of information consisting of all necessary documents required for closing out a construction project. This package must include the Final invoice, a form C-85 for exempt projects or a final inspection certificate, and the Project Finalization Certification signed and sealed by the Professional Engineer in responsible charge of the project. Hazardous Materials/Waste - A material is hazardous if it poses a threat to human health or the environment. The term hazardous waste is applicable to storage, deposit, contamination, etc., involving a hazardous material which has escaped, or has been abandoned. It can be defined in general terms as flammable, reactive (subject to spontaneous explosion of fire) substances, corrosive, and toxic. Regulations require all toxic substances be removed in accordance with local laws prior to a public project proceeding to construction. Page 5 of 10

6 Inverse Condemnation - The legal process initiated by a property owner to claim compensation for the taking of, or damages, to his property as a result of a public project. Just Compensation - The payment made to a property owner in order to acquire property. The payment includes the value of the real estate acquired and any damages caused to the remainder of the property by the acquisition and /or construction. LPA Project - Any local transportation improvement project that is funded primarily with Federal or State monies and, if required, matched with local resources. Local-let LPA projects are those in which the LPA assumes project administration duties whereas ODOT-let LPA projects are those that are administered by ODOT. Local Public Agency (LPA) - Any other State agency, local political subdivision, board, commission, or other governmental entity identified under paragraph C of section of the Ohio Revised Code (ORC) determined to be qualified to assume the administrative responsibilities for Ohio Department of Transportation (ODOT) improvements projects. Metropolitan Planning Organization (MPO) - An organization designated by the governor that is responsible for developing, implementing, monitoring, and updating a variety of transportation plans that are designed to enhance the Region s competitive position, promote regional growth, improve personal mobility, and preserve the environment. It serves as the forum for cooperative transportation decisionmaking by principal elected officials of general purpose government. Milestone Date - Key dates used to indicate the critical path of the project as it relates to overall project development. The milestone dates should include the starting and ending dates. National Environmental Policy Act (NEPA) - The interdisciplinary approach mandated by the National Environmental Policy Act of 1969 that requires Federal, State and Local governments to account for environmental impacts of any Federal-aid action before transportation improvement actions are taken. National Highway System - Those roads and highways defined by the National Highway System Designation Act of 1995 as signed into law on November 28, 1995, plus any subsequent modifications. National Register of Historic Places (NRHP) - The national list of districts, sites, buildings, structures and objects significant in American history, architecture, archaeology, engineering, or culture. It is maintained by the Secretary of the Interior under authority of Section 101(a)(1)(A) of the National Historic Preservation Act, as amended. Negotiation - The process of communication whereby an agreement is arrived at for the voluntary transfer of ownership at terms mutually acceptable to all parties of interest. This is the primary method for acquiring property for a project. It involves explaining items such as details of construction and just compensation, listening to the property owner, and determining the best way to reach an agreement for the sale of property. Page 6 of 10

7 Partial Acquisition - The taking of only a part of a property for public use under the power of eminent domain and for which just compensation must be paid, offsetting the damages and/or special benefits to the remaining property. Permit to Enter and/or Construction Permit - Used when temporary rights are needed to perform work solely for the owner s benefit. These documents provide no permanent rights to the State (and the rights would not be condemned). Permits to Enter would also be used to collect data for hazardous waste or soil analysis and for environmental evaluation. It is possible to make payment for a Permit to Enter when appropriate. Plans, Specifications and Estimates Package (PS&E) - A packet of information needed to obtain Federal authorization prior to the advertisement of a project for construction bids. Its content shall include a copy of the project agreement (if not previously submitted), the Project Engineer s official cost estimate, a copy of the plans, the environmental consultation form, the right of way certification, and a copy of the project specifications. The estimate and plans must be signed and sealed by a professional engineer, and the number of copies will vary by ODOT district. Prequalified Consultant - The selected consultant is prequalified by ODOT for a particular work category through the submission of credentials, and has been chosen by the LPA using a Quality-Based selection process. A list of prequalified consultants and prequalification categories is maintained on ODOT s website. Prequalified Contractor - The selected contractor is prequalified by ODOT for a specific work type through the submission of credentials. A list of prequalified contractors and prequalification work types is maintained on ODOT s website. Prime Contractor - The selected, ODOT prequalified contractor that is responsible for at least 51% of the awarded contract dollars. Program Manager - The individual or entity with total program responsibility for monitoring the projects within the current annual program. Programming Package - Packet of information necessary to schedule a project; consisting of an LPA Scope of Services form, environmental screening/ce-1 Form, and the Ellis Milestone Chart. Project Engineer - The licensed professional engineer in responsible charge of the project and who has been officially designated as the LPA s principal representative for attending to project responsibilities as noted in the signed project agreement between ODOT and the LPA. Proprietary - A product or process available only through a single supplier or manufacturer. Public Meeting - An announced meeting conducted by transportation officials designed to facilitate public participation in the decision-making process and to assist the public in gaining an informed view of a Page 7 of 10

8 proposed project during the transportation development process. Quality-Based Selection Process (QBS) - A negotiated procurement process for consultant selection based on qualifications and competence in relation to the work to be performed. Real Estate - The physical land and appurtenances including structures affixed thereto. Relocation Assistance - The process by which an LPA meets the legal requirements for providing relocation services, moving payments, and replacement housing payments for all eligible individuals, families, businesses, farms and nonprofit organizations which are displaced by a project. Remainder - Property remaining in the owner s possession after a partial acquisition in eminent domain. Reservoir Project - A project in which the plan file date is within one fiscal year and the award date is in the following year. They are projects which can be easily pulled into the current sale year, if needed, to either substitute a project that can not be delivered on time or to make use of additional funds. Responsible Charge - The person named to be personally accountable for a particular process phase. Right of Entry - A document used to obtain permission to enter and perform some activity prior to the effective date of a right of way contract or an Order for Possession. It may be used to certify control of right of way in rare instances such as emergency situations. Solicitation of Rights of Entry prior to the appraisal process should be restricted to circumstances which are exceptional or emergency in nature. Ordinarily, the Right of Entry will not dislocate people or impact improvements of a significant nature. In all instances when a Right of Entry is secured, the document must explain the provisions for use, disposal, amount and the time period. Right of Way Certificates - A written statement summarizing the status of all right of way related matters with respect to a proposed construction project. Salvage Value - The amount received from the sale of utility property that has been removed or the amount at which the recovered material is charged to the utility s accounts, if retained for reuse. Section 106 Procedures - Procedures based on Section 106 of the National Historic Preservation Act of 1966 which governs the identification, evaluation, and protection of historical and archaeological resources affected by State and Federal transportation projects. Principal areas identified include required evaluations to determine the presence or absence of sites, the eligibility based on National Register of Historic Places criteria and the significance of proposed project s effect upon such a site. Section 4(f) Determination - Administrative action by which FHWA confirms that, on the basis of extensive studies and analysis, there are no prudent and feasible alternatives to the taking of land from resources protected under Section 4(f) of the U.S. Department of Transportation Act, as amended (49 USC 303). These resources include: parks or recreation areas that are publicly owned or open to the Page 8 of 10

9 public, publicly owned wildlife or waterfowl refuges, or any significant historic sites. Section 6(f) - A provision in the Federal Land and Water Conservation Fund Act that protects public recreational properties developed or enhanced using Federal funding supplied to states or municipalities under the act by requiring replacement of lands converted to nonrecreational uses. Proposed transportation projects which affect such lands require a study and an analysis of alternatives to serve as the basis for a Section 6(f) finding by the U.S. Department of the Interior. Specific State legislation for any proposed land transfer is also required in order to implement a Section 6(f) action. Generally requires replacement of 6(f) land taken for a project. Section 401 Water Quality Certification - Required by Section 401 of the Federal Clean Water Act for projects involving the discharge of materials into surface waters, including wetlands. The applicant must demonstrate that activities will comply with water quality standards and other provisions of Federal and State law and regulations regarding conventional and non-conventional pollutants, new source performance standards, and toxic pollutants. Section 404 Alternatives Analysis - Examines practical alternatives to the possible discharge of dredged or fill material into certain aquatic ecosystems, such as wetlands, mud flats, vegetated shallows or other special aquatic systems. Practical means available and capable of being done after taking into consideration cost, existing technology and logistics in light of overall project purposes. Criteria guiding such an analysis are derived from the provisions of Section 404(b)(1) of the 1972 Federal Clean Water Act, as amended in The analysis is performed during the environmental studies of the transportation development process and is required before the issuance of a permit by the Corps of Engineers for the discharge of dredged or fill materials. Sole Source - Qualifications-based vendor selection, with or without competitive negotiation techniques. Selection of a contractor for negotiations based on its reputation or prior relationship with the agency, without first going through a competitive selection process.use of this method is generally limited to situations where the vendor offers a unique and innovative concept, demonstrates a unique capability to provide particular services, or offers a concept or services not otherwise available to the agency. State Transportation Improvement Program (STIP) - ODOT s State Transportation Improvement Program which sets forth all projects that have been approved for funding under the various programs administered by the Department. Toll Revenue Credit (TRC) - The attribution of toll revenues used to build or improve public transportation facilities that serve interstate travel. This financing alternative does not provide any additional funding but allows the pro rata share to be paid by toll revenue credits to reach 100% Federal participation in a Federal-aid transportation improvement project. Transportation Improvement Program (TIP) - A Transportation Improvement Program issued by an Metropolitan Planning Organization(MPO), comprising a listing of local projects to be funded, including those involving State and/or Federal funding programs. Page 9 of 10

10 Uneconomic Remnant - A remainder of land that has little or no value or utility to the owner as determined by the LPA. Wetlands - Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Page 10 of 10