DOT 23 CFR PART 645-2011 UTILITIES.pdf

1、231 Federal Highway Administration, DOT 645.105 The results of the tests used in the accept-ance program indicate that the materials in-corporated in the construction work, and the construction operations controlled by sam-pling and testing, were in conformity with the approved plans and specificati

2、ons. (The following sentence should be added if the IA testing frequencies are based on project quantities. All independent assurance sam-ples and tests are within tolerance limits of the samples and tests that are used in the acceptance program.) Exceptions to the plans and specifications are expla

3、ined on the back hereof (or on at-tached sheet). llllllllllllllllllllllllDirector of STD Laboratory or other appro-priate STD Official. PART 645UTILITIES Subpart AUtility Relocations, Adjustments, and Reimbursement Sec. 645.101 Purpose. 645.103 Applicability. 645.105 Definitions. 645.107 Eligibility

4、. 645.109 Preliminary engineering. 645.111 Right-of-way. 645.113 Agreements and authorizations. 645.115 Construction. 645.117 Cost development and reimburse-ment. 645.119 Alternate procedure. Subpart BAccommodation of Utilities 645.201 Purpose. 645.203 Applicability. 645.205 Policy. 645.207 Definiti

5、ons. 645.209 General requirements. 645.211 State transportation department ac-commodation policies. 645.213 Use and occupancy agreements (per-mits). 645.215 Approvals. AUTHORITY: 23 U.S.C. 101, 109, 111, 116, 123, and 315; 23 CFR 1.23 and 1.27; 49 CFR 1.48(b); and E.O. 11990, 42 26961 (May 24, 1977)

6、. EDITORIAL NOTE: Nomenclature changes to part 645 appear at 65 FR 70311, Nov. 22, 2000. Subpart AUtility Relocations, Adjustments, and Reimbursement SOURCE: 50 FR 20345, May 15, 1985, unless otherwise noted. 645.101 Purpose. To prescribe the policies, procedures, and reimbursement provisions for th

7、e adjustment and relocation of utility fa-cilities on Federal-aid and direct Fed-eral projects. 645.103 Applicability. (a) The provisions of this regulation apply to reimbursement claimed by a State transportation department (STD) for costs incurred under an approved and properly executed transporta

8、tion department (TD)/utility agreement and for payment of costs incurred under all Federal Highway Administration (FHWA)/utility agreements. (b) Procedures on the accommodation of utilities are set forth in 23 CFR part 645, subpart B, Accommodation of Util-ities. (c) When the lines or facilities to

9、be relocated or adjusted due to highway construction are privately owned, lo-cated on the owners land, devoted ex-clusively to private use and not di-rectly or indirectly serving the public, the provisions of the FHWAs right-of- way procedures in 23 CFR 710.203, apply. When applicable, under the for

10、e-going conditions, the provisions of this regulation may be used as a guide to establish a cost-to-cure. (d) The FHWAs reimbursement to the STD will be governed by State law (or State regulation) or the provisions of this regulation, whichever is more restrictive. When State law or regula-tion diff

11、ers from this regulation, a de-termination shall be made by the STD subject to the concurrence of the FHWA as to which standards will gov-ern, and the record documented accord-ingly, for each relocation encountered. (e) For direct Federal projects, all references herein to the STD or TD are inapplic

12、able, and it is intended that the FHWA be considered in the relative position of the STD or TD. 50 FR 20345, May 15, 1985, as amended at 64 FR 71289, Dec. 21, 1999 645.105 Definitions. For the purposes of this regulation, the following definitions shall apply: Authorizationfor Federal-aid projects a

13、uthorization to the STD by the FHWA, or for direct Federal projects authorization to the utility by the FHWA, to proceed with any phase of a project. The date of authorization establishes the date of eligibility for VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00241 Fmt 8010 Sfmt 8010

14、Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-232 23 CFR Ch. I (4111 Edition) 645.107 Federal funds to participate in the costs incurred on that phase of work. Bettermentany upgrading of the

15、fa-cility being relocated that is not at-tributable to the highway construction and is made solely for the benefit of and at the election of the utility. Cost of relocationthe entire amount paid by or on behalf of the utility prop-erly attributable to the relocation after deducting from that amount

16、any increase in value of the new facility, and any salvage derived from the old facility. Cost of Removalthe amount ex-pended to remove utility property in-cluding the cost of demolishing, dis-mantling, removing, transporting, or otherwise disposing of utility property and of cleaning up to leave th

17、e site in a neat and presentable condition. Cost of salvagethe amount expended to restore salvaged utility property to usable condition after its removal. Direct Federal projectshighway projects such as projects under the Federal Lands Highways Program which are under the direct administra-tion of t

18、he FHWA. Indirect or overhead coststhose costs which are not readily identifiable with one specific task, job, or work order. Such costs may include indirect labor, social security taxes, insurance, stores expense, and general office expenses. Costs of this nature generally are dis-tributed or alloc

19、ated to the applicable job or work orders, other accounts and other functions to which they relate. Distribution and allocation is made on a uniform basis which is reasonable, equitable, and in accordance with gen-erally accepted cost accounting prac-tices. Relocationthe adjustment of utility facili

20、ties required by the highway project. It includes removing and re-installing the facility, including nec-essary temporary facilities, acquiring necessary right-of-way on the new lo-cation, moving, rearranging or chang-ing the type of existing facilities and taking any necessary safety and pro-tectiv

21、e measures. It shall also mean constructing a replacement facility that is both functionally equivalent to the existing facility and necessary for continuous operation of the utility service, the project economy, or se-quence of highway construction. Salvage valuethe amount received from the sale of

22、 utility property that has been removed or the amount at which the recovered material is charged to the utilitys accounts, if re-tained for reuse. State transportation departmentthe transportation department of one of the 50 States, the District of Columbia, or Puerto Rico. Transportation department

23、(TD)that department, commission, board, or of-ficial of any State or political subdivison thereof, charged by its law with the responsibility for highway ad-ministration. Use and occupancy agreementthe document (written agreement or per-mit) by which the TD approves the use and occupancy of highway

24、right-of-way by utility facilities or private lines. Utilitya privately, publicly, or coop-eratively owned line, facility or system for producing, transmitting, or distrib-uting communications, cable tele-vision, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm w

25、ater not connected with highway drainage, or any other similar commodity, including any fire or po-lice signal system or street lighting system, which directly or indirectly serves the public. The term utility shall also mean the utility company in-clusive of any wholly owned or con-trolled subsidia

26、ry. Work order systema procedure for ac-cumulating and recording into separate accounts of a utility all costs to the utility in connection with any change in its system or plant. 50 FR 20345, May 15, 1985, as amended at 65 FR 70311, Nov. 22, 2000 645.107 Eligibility. (a) When requested by the STD,

27、Fed-eral funds may participate, subject to the provisions of 645.103(d) of this part and at the pro rata share applicable, in an amount actually paid by an TD for the costs of utility relocations. Federal funds may participate in safety correc-tive measures made under the provi-sions of 645.107(k) o

28、f this part. Federal funds may also participate for reloca-tions necessitated by the actual con-struction of highway project made VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00242 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for Resale

29、No reproduction or networking permitted without license from IHS-,-,-233 Federal Highway Administration, DOT 645.107 under one or more of the following con-ditions when: (1) The STD certifies that the utility has the right of occupancy in its exist-ing location because it holds the fee, an easement,

30、 or other real property inter-est, the damaging or taking of which is compensable in eminent domain, (2) The utility occupies privately or publicly owned land, including public road or street right-of-way, and the STD certifies that the payment by the TD is made pursuant to a law author-izing such p

31、ayment in conformance with the provisions of 23 U.S.C. 123, and/or (3) The utility occupies publicy owned land, including public road and street right-of-way, and is owned by a public agency or political subdivision of the State, and is not required by law or agreement to move at its own ex-pense, a

32、nd the STD certifies that the TD has the legal authority or obliga-tion to make such payments. (b) On projects which the STD has the authority to participate in project costs, Federal funds may not partici-pate in payments made by a political subdivision for relocation of utility fa-cilities, other

33、than those proposed under the provisions of 645.107(k) of this part, when State law prohibits the STD from making payment for reloca-tion of utility facilities. (c) On projects which the STD does not have the authority to participate in project costs, Federal funds may participate in payments made b

34、y a po-litical subdivision for relocation of utility facilities necessitated by the actual construction of a highway project when the STD certifies that such payment is based upon the provi-sions of 645.107(a) of this part and does not violate the terms of a use and occu-pancy agreement, or legal co

35、ntract, be-tween the utility and the TD or for utility safety corrective measures under the provisions of 645.107(k) of this part. (d) Federal funds are not eligible to participate in any costs for which the utility contributes or repays the TD, except for utilities owned by the polit-ical subdivisi

36、on on projects which qual-ify under the provisions of 645.107(c) of this part in which case the costs of the utility are considered to be costs of the TD. (e) The FHWA may deny Federal fund participation in any payments made by a TD for the relocation of utility facili-ties when such payments do not

37、 con-stitute a suitable basis for Federal fund participation under the provisions of title 23 U.S.C. (f) The rights of any public agency or political subdivision of a State under contract, franchise, or other instru-ment or agreement with the utility, pertaining to the utilitys use and oc-cupancy of

38、 publicly owned land, includ-ing public road and street right-of-way, shall be considered the rights of the STD in the absence of State law to the contrary. (g) In lieu of the individual certifi-cations required by 645.107(a) and (c), the STD may file a statement with the FHWA setting forth the cond

39、itions under which the STD will make pay-ments for the relocation of utility fa-cilities. The FHWA may approve Fed-eral fund participation in utility relo-cations proposed by the STD under the conditions of the statement when the FHWA has made an affirmative finding that such statement and condition

40、s form a suitable basis for Federal fund participation under the provisions of 23 U.S.C. 123. (h) Federal funds may not participate in the cost of relocations of utility fa-cilities made solely for the benefit or convenience of a utility, its contractor, or a highway contractor. (i) When the advance

41、 installation of new utility facilities crossing or other-wise occupying the proposed right-of- way of a planned highway project is underway, or scheduled to be under-way, prior to the time such right-of- way is purchased by or under control of the TD, arrangements should be made for such facilities

42、 to be installed in a manner that will meet the require-ments of the planned highway project. Federal funds are eligible to partici-pate in the additional cost incurred by the utility that are attributable to, and in accommodation of, the highway project provided such costs are in-curred subsequent

43、to authorization of the work by the FHWA. Subject to the other provisions of this regulation, Federal participation may be approved VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00243 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for Resa

44、leNo reproduction or networking permitted without license from IHS-,-,-234 23 CFR Ch. I (4111 Edition) 645.109 under the foregoing circumstances when it is demonstrated that the ac-tion taken is necessary to protect the public interest and the adjustment of the facility is necessary by reason of the

45、 actual construction of the highway project. (j) Federal funds are eligible to par-ticipate in the costs of preliminary en-gineering and allied services for utili-ties, the acquisition of replacement right-of-way for utilities, and the phys-ical construction work associated with utility relocations.

46、 Such costs must be incurred by or on behalf of a utility after the date the work is included in an approved program and after the FHWA has authorized the STD to pro-ceed in accordance with 23 CFR part 630, subpart A, Federal-Aid Programs Approval and Project Authorization. (k) Federal funds may par

47、ticipate in projects solely for the purpose of im-plementing safety corrective measures to reduce the roadside hazards of util-ity facilities to the highway user. Safe-ty corrective measures should be devel-oped in accordance with the provisions of 23 CFR 645.209(k). (Information collection requirem

48、ents in paragraph (g) were approved by the Office of Management and Budget under control num-ber 21250515) 50 FR 20345, May 15, 1985, as amended at 53 FR 24932, July 1, 1988 645.109 Preliminary engineering. (a) As mutually agreed to by the TD and utility, and subject to the provi-sions of paragraph

49、(b) of this section, preliminary engineering activities as-sociated with utility relocation work may be done by: (1) The TDs or utilitys engineering forces; (2) An engineering consultant se-lected by the TD, after consultation with the utility, the contract to be ad-ministered by the TD; or, (3) An engineering consultant se-lected by the utility, with the approval of the TD, the contract to be adminis-tered by the utility. (b) When a utility