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Projects on which reimbursement is authorized for adjustment due to the utilities prior property rights on the project, i.e., the utility was in place prior to the road becoming a state highway;

Projects on which reimbursement is due for adjustment of utilities located on private property which are required to be moved due to taking of additional right of way; or

Projects on which the utility has a portion of its facilities on Department Right of Way and a portion on private property. This is usually partially reimbursable and partially non-reimbursable.

usually

are

Agreements

Agreements.

(a)

General.

111.03 entered into on:

Reimbursable

Agreements will be either a Lump Sum Agreement or an Actual Cost Agreement. Explanation of these Agreements is contained in Subsections 111.03(b) and 111.03(c) of this Manual, respectively.

Federal participation in the cost of reimbursable utility agreements is covered in Federal-Aid Policy Guide 23 CFR 645 and its amendments. Eligibility for reimbursement, processing of agreements, and the like are handled by the Right of Way Division Utilities Section.

When the Utility Work Order is issued, the Resident Engineer becomes responsible for the field administration of the work under the Utility Agreement. Although the plans and estimates for utility adjustments are approved and authorized through the Utilities Section, the Resident Engineer is responsible for checking the work to assure compliance with the Utility Agreement and adjustment plans.

The utility company is required to advise the Resident Engineer three (3) days prior to beginning the adjustment work. The Resident Engineer will advise the State Construction Engineer, by memorandum with copies to the District Engineer and Utilities

Section

when

work

actually

starts.

Figure

111-1

is

an

example

of

this

letter.

If

applicable, a statement three day notice prior memorandum.

indicating that the utility company to beginning the adjustment work

failed to give the required should be included in the

The utility company shall notify the Resident Engineer on the date when the work is completed. The Resident Engineer may schedule a final inspection to review the final utility locations and address any corrective or cleanup work needed.

The Resident Engineer will notify the State Construction Engineer by memorandum with copies to the District Engineer and Utilities Section when the utility company has completed the adjustment work. The memo should state that the work was completed as approved in the agreement and it should list any changes from the original adjustment plans that are a part of the agreement. If applicable, a statement indicating that the utility company failed to give notice that the adjustment work was completed should be included in the memorandum. This memorandum should follow the same procedure as Figure 111-2.

Two (2) assembled copies of the Resident Engineer’s Utility Diary will accompany the Utilities Section copy of the “work complete” memo if the agreement was prepared on the actual cost payment procedure.

Rev. 12-14-04

Page 100-148

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