Common use of UTILITY CONSIDERATIONS Clause in Contracts

UTILITY CONSIDERATIONS. The SPONSOR shall furnish Project plans to utilities known to have facilities within the Project limits and to all other utilities discovered within the Project limits. (a) The SPONSOR shall arrange for any necessary relocation or adjustment for all utility facilities and notify each utility company to relocate any affected facilities to accommodate the construction of the Project. The SPONSOR, with the DEPARTMENT’s guidance, shall make these arrangements in accordance with FHWA requirements and/or DEPARTMENT requirements. If any affected utility claims that the SPONSOR is responsible for reimbursing the affected utility for its relocation costs under state or local laws in existence as of the effective date of this Agreement, the SPONSOR shall furnish the DEPARTMENT with a detailed cost estimate prepared by the utility and documentation justifying the SPONSOR's legal obligation to reimburse the utility for utility relocation costs actually incurred by the utility. The DEPARTMENT, after review and approval of the cost estimates and documentation, shall draft the necessary reimbursement agreement to be entered into between the SPONSOR and the utility. The DEPARTMENT shall submit the reimbursement agreement to the SPONSOR for execution by the parties. (b) If the SPONSOR owns or operates the existing utility facilities, the SPONSOR shall request the DEPARTMENT to include such costs in this Agreement or prepare a supplement to this Agreement to address the costs associated with the relocation of these facilities. The supplemental agreement will acknowledge that the utility facilities are located in the right-of-way and that the relocation costs are Project-eligible costs. (c) Prior to advertising the Project for letting, the SPONSOR, on forms provided by the DEPARTMENT, shall furnish a utility clearance certification attesting that all arrangements have been made for the relocation of all known facilities affected by the Project in accordance with DEPARTMENT Design Manual Part V. The statement shall be supported by a description of the written arrangements made with the utilities for the relocation of facilities in a manner that will not impede Project construction. (d) The SPONSOR in conjunction with the DEPARTMENT agrees that all utility facilities transferred to or remaining at a location within the right-of-way of a federally-aided highway shall be accommodated in accordance with the provisions of the applicable Federal Regulations, including, but not limited to, 23 CFR Part 645, the Federal-Aid Policy Guide, Chapter I, Subchapter G, Part 645, Subpart B, Accommodation of Utilities, and all amendments thereto. (e) If the DEPARTMENT is reimbursing utility relocation activities for this Project, the estimated costs and reimbursement percentages are detailed in Exhibit "A," unless they are to be addressed subsequently through either a letter of amendment or a letter of adjustment, as provided below in Paragraph 13. (f) If the SPONSOR exercises its option under Paragraph 14 of this Agreement and abandons the Project after any utility has been authorized to proceed with its relocation work, the SPONSOR, at its sole cost and expense, hereby agrees to reimburse the utility for its actual and related indirect costs and expense of work actually completed at the time of notification of the abandonment, plus any additional expenses incurred by the utility in restoring its system to normal operating conditions.

UTILITY CONSIDERATIONS. The SPONSOR shall furnish Project plans to utilities known to have facilities within the Project limits and to all other utilities discovered within the Project limits. (a) The SPONSOR shall arrange for any necessary relocation or adjustment for all utility facilities and notify each utility company to relocate any affected facilities to accommodate the construction of the Project. The SPONSOR, with the DEPARTMENT’s guidance, shall make these arrangements in accordance with FHWA requirements and/or DEPARTMENT requirements. If any affected utility claims that the SPONSOR is responsible for reimbursing the affected utility for its relocation costs under state or local laws in existence as of the effective date of this Agreement, the SPONSOR shall furnish the DEPARTMENT with a detailed cost estimate prepared by the utility and documentation justifying the SPONSOR's legal obligation to reimburse the utility for utility relocation costs actually incurred by the utility. The DEPARTMENT, after review and approval of the cost estimates and documentation, shall draft the necessary reimbursement agreement to be entered into between the SPONSOR and the utility. The DEPARTMENT shall submit the reimbursement agreement to the SPONSOR for execution by the parties. (b) If the SPONSOR owns or operates the existing utility facilities, the SPONSOR shall request the DEPARTMENT to include such costs in this Agreement or prepare a supplement to this Agreement to address the costs associated with the relocation of these facilities. The supplemental agreement will acknowledge that the utility facilities are located in the right-of-way and that the relocation costs are Project-eligible costs. (c) Prior to advertising the Project for letting, the SPONSOR, on forms provided by the DEPARTMENT, shall furnish a utility clearance certification attesting that all arrangements have been made for the relocation of all known facilities affected by the Project in accordance with DEPARTMENT Design Manual Part V. The statement shall be supported by a description of the written arrangements made with the utilities for the relocation of facilities in a manner that will not impede Project construction. (d) The SPONSOR in conjunction with the DEPARTMENT agrees that all utility facilities transferred to or remaining at a location within the right-of-way of a federally-aided highway shall be accommodated in accordance with the provisions of the applicable Federal Regulations, including, but not limited to, 23 CFR Part 645, the Federal-Aid Policy Guide, Chapter I, Subchapter G, Part 645, Subpart B, Accommodation of Utilities, and all amendments thereto. (e) If the DEPARTMENT is reimbursing utility relocation activities for this Project, the estimated costs and reimbursement percentages are detailed in Exhibit "A," unless they are to be addressed subsequently through either a letter of amendment or a letter of adjustment, as provided below in Paragraph 13. (f) If the SPONSOR exercises its option under Paragraph 14 15 of this Agreement and abandons the Project after any utility has been authorized to proceed with its relocation work, the SPONSOR, at its sole cost and expense, hereby agrees to reimburse the utility for its actual and related indirect costs and expense of work actually completed at the time of notification of the abandonment, plus any additional expenses incurred by the utility in restoring its system to normal operating conditions.